An Act To Reduce Unnecessary Reporting Requirements for the Department of Environmental Protection
Maine Legislature, Session 125, LD 1015
Committee: Environment and Natural Resources
Sponsors: DUCHESNE
Amends: 4 MRSA §152, 38 MRSA §344, 38 MRSA §352, 38 MRSA §449, 38 MRSA §585-D, 38 MRSA §585-H

Legislative Document 
No. 1015 
H.P. 751 
House of Representatives, March 10, 2011 
An Act To Reduce Unnecessary Reporting Requirements for the 
Department of Environmental Protection 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DUCHESNE of Hudson. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §152, sub-§6-A, ¶C, as amended by PL 1991, c. 377, §1, is 
further amended to read: 
C.  Shoreland zoning ordinances enacted under Title 30-A, section 3001, and in 
accordance with Title 38, sections 435 to 446 and section 449; 
Sec. 2.  38 MRSA §344, sub-§7, as amended by PL 1991, c. 804, Pt. A, §3, is 
further amended to read: 
7.  Permit by rule.  The Board of Environmental Protection may permit, by rule, any 
class of activities that would otherwise require the individual issuance of a permit or 
approval by the board, if the board determines that activities within the class will have no 
significant impact upon the environment.  Any such rule must describe with specificity 
the class of activities covered by the rule and may establish standards of design, 
construction or use as may be considered necessary to avoid adverse environmental 
impacts.  Any such rule must require notification to the commissioner prior to the 
undertaking of the regulated activity. 
The commissioner shall annually review activities requiring permits or approval from the 
department to determine whether any additional classes of activities are more effectively 
administered under a permit by rule system.  As part of this review, the commissioner 
shall solicit public comments on recommendations for activities to be included under 
permit by rule and shall review the performance of the existing permit by rule program, 
including a review of the compliance record of the permit by rule program.  The 
commissioner shall annually recommend to the board any additional categories of permits 
for the board to permit by rule. 
Sec. 3.  38 MRSA §352, sub-§6, as amended by PL 1993, c. 736, §6, is repealed. 
Sec. 4.  38 MRSA §449, as amended by PL 1989, c. 890, Pt. A, §40 and Pt. B, §49, 
is repealed. 
Sec. 5.  38 MRSA §585-D, last ¶, as amended by PL 2007, c. 619, §7, is repealed. 
Sec. 6.  38 MRSA §585-H, as amended by PL 2003, c. 638, §3, is repealed. 
Sec. 7.  PL 1997, c. 444, §9 is repealed. 
SUMMARY 
This bill repeals a requirement that the Commissioner of Environmental Protection 
annually conduct a review related to the permit by rule system and make any 
recommendations concerning additional categories of permits to the Board of 
Environmental Protection. 
The bill also repeals a requirement that the Commissioner of Environmental 
Protection report before February 1st of each year to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters on the effects of license fee 
increases on department efficiency and license and permit processing times. 
The bill also repeals a requirement that the Commissioner of Environmental 
Protection report biennially to the Legislature on the implementation and impact of local 
shoreland zoning ordinances. 
The bill also repeals a requirement that the Department of Environmental Protection 
periodically evaluate whether the State should continue to implement and enforce 
California low-emission vehicle standards relating to the control of emissions from new 
motor vehicles or new motor vehicle engines. 
The bill also repeals a requirement that the Department of Environmental Protection 
report annually to the joint standing committee of the Legislature having jurisdiction over 
natural resources on the levels of methyl tertiary butyl ether or MTBE in gasoline brought 
into the State. 
The bill also removes a requirement that the Commissioner of Environmental 
Protection periodically hold hearings and report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters concerning progress toward 
meeting with the instream color pollution standards under the Maine Revised Statutes, 
Title 38, section 414-C.