Resolve, Directing the Department of Environmental Protection To Adopt Rules Pertaining to Petroleum Storage and Gravel Pits
Maine Legislature, Session 125, LD 1846
Committee Amendment CA_A_S485 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 641, L.D. 1846, "Resolve, Directing 
the Department of Environmental Protection To Adopt Rules Pertaining to Petroleum 
Storage and Gravel Pits" 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, rules of the Department of Environmental Protection do not allow 
aboveground oil storage tanks in significant sand and gravel aquifers; and 
Whereas, a majority of gravel pits in the State are located in significant sand and 
gravel aquifers and therefore gravel pit operators are not permitted to fuel heavy 
equipment on site without undertaking an onerous and complicated process or using 
temporary fueling trucks, which are less protective of the environment; and 
Whereas, immediate enactment of this legislation will facilitate quick adoption of 
an amended department rule; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Department of Environmental Protection; adopt emergency rule; 
aboveground oil storage tanks. Resolved: That, notwithstanding Public Law 2007, 
chapter 569, section 7, the Commissioner of Environmental Protection shall adopt an 
emergency rule pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2 
to allow aboveground oil storage tanks that are used for the supply of diesel fuel to be 
located in excavations for bOlTow, clay, topsoil or silt and qualTies that are in significant 
sand and gravel aquifers. An emergency rule adopted pursuant to this section is a routine 
technical ruJe as defined in Title 5, chapter 375, subchapter 2-A. Following adoption of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 641, L.D. 1846 
the emergency rule, the commissioner shall complete nonemergency routine technical 
rulemaking to allow aboveground oil storage tanks that are used for the supply of diesel 
fuel to be located in excavations for borrow, clay, topsoil or silt and quarries that are in 
significant sand and gravel aquifers. 
Subsequent amendments to the rule are major 
substantive rules and must be adopted by the Board of Environmental Protection in 
accordance with Title 38, section 341-H. 
Emergency clause. 
In view of the emergency cited m the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and emergency clause and replaces the 
resolve. It provides that the emergency rule is a routine technical rule and provides for 
nonemergency routine technical rulemaking following adoption of the emergency rule. It 
also provides that subsequent amendments to the rule are major substantive rules. Under 
current law, Public Law 2007, chapter 569, subsection 7, the rule is a major substantive 
rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
/ 
Approved: 03/15/12 .wa:c. 
LD 1846 
LR 2807(02) 
Resolve, Directing the Department of Environmental Protection To Adopt Rules Pertaining to 
Petroleum Storage and Gravel Pits 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The bill provides that the emergency rule and the non-emergency rule following adoption of an emergency rule 
allowing aboveground oil storage tanks to be located in significant sand and gravel aquifers are routine technical rules 
rather than major substantive rules, and that subsequent amendments to the rule are major substantive rules. The use 
of the routine rulemaking processes in these instances will reduce the costs of rulemaking to the Department of 
Environmental Protection. Any additional costs to adopt these rules related to above-ground oil storage tanks can be 
absorbed by the Department of Environmental Protection within existing budgeted resources. 
LR2807(02) - Fiscal Note - Page 1 of 1