An Act To Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection
Maine Legislature, Session 126, LD 1497
Committee: Environment and Natural Resources
Sponsors: WELSH, BOYLE
Amends: 5 MRSA §3341, 5 MRSA §9051-A, 10 MRSA §1099-A, 30-A MRSA §4331, 30-A MRSA §4346, 38 MRSA §343-C, 38 MRSA §352, 38 MRSA §353-A, 38 MRSA §568-A, 38 MRSA §569-A, 38 MRSA §585-B, 38 MRSA §590-E, 38 MRSA §603-A, 38 MRSA §1871, 38 MRSA §1872, 38 MRSA §2124-A, 38 MRSA §2133

Legislative Document 
No. 1497 
H.P. 1074 
House of Representatives, May 2, 2013 
An Act To Make Minor Changes and Corrections to Statutes 
Administered by the Department of Environmental Protection 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator: BOYLE of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §3341, sub-§2, ¶B, as amended by PL 1997, c. 393, Pt. A, §11, 
is further amended to read: 
B.  Establish a simple and expedient application process.  Not later than February 1st 
of each year, the Court Alternative Dispute Resolution Service shall send to the chair 
of the Land and Water Resources Council a copy of each completed application 
received and each agreement signed during the previous calendar year; and 
Sec. 2.  5 MRSA §9051-A, sub-§3, as enacted by PL 1987, c. 653, §1, is amended 
to read: 
3.  Notice to the public.  Notice to the public shall must be given by: 
A.  Publication twice in a newspaper of general circulation in the area of the proposed 
activity and in areas affected by the license application as determined by the agency 
or board to the best of its ability. 
(1)  Notice shall must be published in plain and clear English which that can be 
readily understood by the general public. 
(2)  The notice shall must be published in the legal notices section in a form 
readily noticeable to by the general public. 
(3)  With respect to notice of an opportunity for a hearing pursuant to subsection 
1, the date of the first publication shall must be 30 days next prior to the date of 
the expected agency decision on the license application. 
(4)  With respect to notice of a hearing pursuant to subsection 2, the date of the 
first publication shall must be 30 days next prior to the hearing. 
(5)  With respect to notice of an opportunity for a hearing pursuant to subsection 
1, the date of the second 2nd publication shall must be at least 7 days and no 
more than 13 days before the date of the expected agency decision on the license 
application. 
(6)  With respect to notice of an opportunity for a hearing pursuant to subsection 
2, the date of the second 2nd publication shall must be at least 7 days and no 
more than 13 days before the date of the hearing;. 
B.  The issuance of press releases describing the date, place, time and nature of the 
hearing.  The press releases shall be sent at least 7 days and no more than 13 days 
before the date of the expected agency decision or the scheduled hearing to the news 
desks of television stations and newspapers of general circulation in the area of the 
proposed activity; and 
C.  Public service radio and television announcements.  The first announcement shall 
be provided to radio and television stations 21 days next prior to the first hearing and 
the 2nd announcement shall be provided no less than 7 and no more than 10 days 
prior to the first scheduled hearing. 
Sec. 3.  10 MRSA §1099-A, sub-§7, as enacted by PL 1989, c. 774, §4, is 
amended to read: 
7.  Properly installed.  "Properly installed" means a boiler or furnace installed in 
accordance with NFPA Standard 31 or subsequent NFPA installation standards adopted 
by the state Oil and Solid Maine Fuel Board. 
Sec. 4.  10 MRSA §1099-A, sub-§8, as enacted by PL 1989, c. 774, §4, is 
amended to read: 
8.  Qualified boiler or furnace.  "Qualified boiler or furnace" means any new or 
replacement boiler or furnace fueled wholly or in part by waste oil that produces energy 
for space heating or cooling or for use in a manufacturing process and is listed by the Oil 
and Solid Maine Fuel Board as a waste oil boiler or furnace. 
Sec. 5.  30-A MRSA §4331, first ¶, as amended by PL 2011, c. 655, Pt. JJ, §18 
and affected by §41, is further amended to read: 
The department shall conduct an ongoing evaluation process to determine the 
effectiveness of state, regional and local efforts under this chapter to achieve the purposes 
and goals of this chapter.  Working through the Land and Water Resources Council, the 
The department shall seek the assistance of other state agencies.  If requested, all state 
agencies shall render assistance to the department in this effort. 
Sec. 6.  30-A MRSA §4346, sub-§5, as amended by PL 2011, c. 655, Pt. JJ, §20 
and affected by §41 and amended by c. 657, Pt. W, §5, is further amended to read: 
5.  Coordination.  State agencies with regulatory or other authority affecting the 
goals established in this subchapter shall conduct their respective activities in a manner 
consistent with the goals established under this subchapter, including, but not limited to, 
coordinating with municipalities, regional councils and other state agencies in meeting 
the state goals; providing available information to regions and municipalities as described 
in section 4326, subsection 1; cooperating with efforts to integrate and provide access to 
geographic information system data; making state investments and awarding grant money 
as described in section 4349-A; and conducting reviews of growth management programs 
as provided in section 4347-A, subsection 3, paragraph A.  Without limiting the 
application of this section to other state agencies, the following agencies shall comply 
with this subchapter.  The Land and Water Resources Council shall periodically, but in no 
event less than biannually, review the effectiveness of agency coordination efforts, 
including, but not limited to, those in section 4349-A: 
B.  Department of Economic and Community Development; 
C.  Department of Environmental Protection; 
D.  Department of Agriculture, Conservation and Forestry; 
E.  Department of Inland Fisheries and Wildlife; 
F.  Department of Marine Resources; 
G.  Department of Transportation; 
G-1.  Department of Health and Human Services; 
H.  Finance Authority of Maine; and 
I.  Maine State Housing Authority. 
Sec. 7.  38 MRSA §343-C, sub-§2, ¶A, as enacted by PL 1991, c. 804, Pt. C, §3, 
is amended to read: 
A.  Operate a telephone hotline to enhance accessibility of the program; and 
Sec. 8.  38 MRSA §343-C, sub-§2, ¶B, as enacted by PL 1991, c. 804, Pt. C, §3, 
is repealed. 
Sec. 9.  38 MRSA §352, sub-§2, ¶E, as enacted by PL 1991, c. 384, §3 and 
affected by §16, is amended to read: 
E.  The air emission license fees assessed under section 353-A for those facilities 
licensed under section 590 must be assessed to support activities for the Bureau of 
Air Quality Control air quality control including licensing, compliance, enforcement, 
monitoring, data acquisition and administration. 
Sec. 10.  38 MRSA §353-A, sub-§10, as enacted by PL 2007, c. 297, §1, is 
amended to read: 
10.  Fees for general permit.  Rock crushers Licensees regulated under a general 
permit from the department are subject to an annual fee not to exceed the minimum 
license fee established under subsection 4. 
Sec. 11.  38 MRSA §568-A, sub-§2, ¶C, as amended by PL 2009, c. 501, §9, is 
further amended to read: 
C.  Conditional deductibles for aboveground facilities and tanks are as follows. 
(1)  For aboveground tanks subject to the jurisdiction of the State Fire Marshal 
pursuant to 16-219 CMR, chapter 34, the deductibles are: 
(a)  Five thousand dollars for failure to obtain a construction permit from the 
Office of the State Fire Marshal, when required under Title 25, chapter 318 
and 16-219 CMR, chapter 34 or under prior applicable law; 
(b)  Five thousand dollars for failure to design and install piping in 
accordance with section 570-K and rules adopted by the department; 
(c)  Five thousand dollars for failure to comply with an existing consent 
decree, court order or outstanding deficiency statement regarding violations 
at the aboveground facility; 
(d)  Five thousand dollars for failure to implement a certified spill prevention 
control and countermeasure plan, if required; 
(e)  Five thousand dollars for failure to install any required spill control 
measures, such as dikes; 
(f)  Five thousand dollars for failure to install any required overfill 
equipment; 
(g)  Five thousand dollars if the tank is not approved for aboveground use; 
and 
(h)  Ten thousand dollars for failure to report any leaks at the facility. 
(2)  For aboveground tanks subject to the jurisdiction of the Oil and Solid Maine 
Fuel Board, the deductibles are: 
(a)  One hundred and fifty dollars for failure to install the facility in 
accordance with rules adopted by the Oil and Solid Maine Fuel Board and in 
effect at the time of installation; 
(b)  Two hundred and fifty dollars for failure to comply with the rules of the 
Oil and Solid Maine Fuel Board; 
(c)  Two hundred and fifty dollars for failure to make a good faith effort to 
properly maintain the facility;  and 
(d)  Five hundred dollars for failure to notify the department of a spill. 
Sec. 12.  38 MRSA §569-A, sub-§8, ¶A, as amended by PL 2005, c. 157, §1, is 
further amended to read: 
A.  Administrative expenses, personal services and equipment costs of the department 
related to the administration and enforcement of this subchapter, except that total 
disbursements for personal services may not exceed $3,700,000 per fiscal year 
multiplied by an annual adjustment factor of 4% beginning in fiscal year 2005-06 
$4,500,000; 
Sec. 13.  38 MRSA §585-B, sub-§5, as amended by PL 2009, c. 535, §1, is 
further amended to read: 
5.  Standards for mercury.  Notwithstanding subsection 1, an air emission source 
may not emit mercury in excess of 45.4 kilograms, or 100 pounds, per year after January 
1, 2000; 22.7 kilograms, or 50 pounds, per year after January 1, 2004; 15.9 kilograms, or 
pounds, after January 1, 2007; and 11.4 kilograms, or 25 pounds, after January 1, 
2010.  As an alternative to not emitting mercury in excess of 11.4 kilograms, or 25 
pounds, after January 1, 2010, an air emission source may reduce mercury emissions by 
percent by weight after January 1, 2010. Compliance with these limits must be 
specified in the license of the air emission source.  The board department shall establish 
by rule testing protocols and measurement methods for emissions sources for which the 
board department has not established such protocols and methods for determining 
compliance with the emission standard for mercury.  These rules are routine technical 
rules under Title 5, chapter 375, subchapter 2-A. 
An air emission source may apply to the board for an extension or modification of the 
11.4-kilogram, or 25-pound, limit as follows. 
A.  An emission source may submit an application to the board no later than January 
1, 2009 for a 6-month extension of the January 1, 2010 deadline to meet the 11.4-
kilogram, or 25-pound, limit.  The board shall grant the extension if the board 
determines, based on information presented by the source, that compliance with the 
limit is not achievable by the deadline due to engineering constraints, availability of 
equipment or other justifiable technical reasons. 
B.  An emission source may submit an application to the board no later than January 
1, 2009 for a license modification establishing an alternative emission limit for 
mercury.  The board shall grant the license modification if the board finds that the 
proposed mercury emission limit meets the most stringent emission limitation that is 
achievable and compatible with that class of source, considering economic feasibility. 
Pending a decision on an application for an extension or a license modification under this 
subsection, the 15.9-kilogram, or 35-pound, limit applies to the emission source. 
Notwithstanding the January 1, 2000 compliance date in this subsection, a resource 
recovery facility that is subject to an emissions limit for mercury adopted by rule by the 
board before January 1, 2000 shall comply with the 45.4-kilogram, or 100-pound, 
mercury emissions limit after December 19, 2000. 
For determining compliance with this subsection, the results of multiple stack tests may 
be averaged in accordance with guidance provided by the department. 
Sec. 14.  38 MRSA §590-E, sub-§1, as enacted by PL 1991, c. 220, §5, is 
amended to read: 
1.  Registration.  The fuel-burning equipment is registered with the Oil and Solid 
Maine Fuel Board; 
Sec. 15.  38 MRSA §603-A, sub-§2, ¶A, as amended by PL 2009, c. 604, §1, is 
further amended to read: 
A.  The sulfur content for liquid fossil fuels is as follows.  
(1)  In the Central Maine, Downeast, Aroostook County and Northwest Maine 
Air Quality Control Regions and the Metropolitan Portland Air Quality Control 
Region outside the Portland Peninsula Air Quality Control Region, a person may 
not use any residual fuel oil with a sulfur content greater than 2.0% by weight; 
beginning January 1, 2018, the limit for those regions is 0.5% by weight.  
(2)  In the Portland Peninsula Air Quality Control Region, a person may not use 
any residual fuel oil with a sulfur content greater than 1.5% by weight; beginning 
January 1, 2018, the limit for that region is 0.5% by weight. 
(3)  Statewide, a person may not use a distillate fuel: 
(a)  Beginning January July 1, 2016, with a sulfur content greater than 
0.005% by weight; and 
(b)  Beginning January 1, 2018, with a sulfur content greater than 0.0015% 
by weight. 
The sulfur content requirements in this subparagraph do not apply to the use of 
distillate fuel for manufacturing purposes. 
Sec. 16.  38 MRSA §1871, first ¶, as enacted by PL 2001, c. 434, Pt. B, §2, is 
amended to read: 
The Interagency Task Force on Invasive Aquatic Plants and Nuisance Species, as 
established by Title 5, section 12004-D, subsection 6 and referred to in this chapter as the 
"task force," is established to advise the Land and Water Resources Council, established 
in Title 5, section 3331, department on matters pertaining to research, control and 
eradication of invasive aquatic plants and nuisance species. 
Sec. 17.  38 MRSA §1871, sub-§4, as enacted by PL 2001, c. 434, Pt. B, §2, is 
amended to read: 
4.  Duties.  The task force may make recommendations to the Land and Water 
Resources Council department on: 
A.  The importation and transportation of invasive aquatic plants and nuisance 
species; 
B.  Monitoring and educational programs aimed at the control of invasive aquatic 
plants and nuisance species; 
C.  A comprehensive state invasive aquatic plants and nuisance species management 
plan that meets the requirements of the National Invasive Species Act of 1996, 16 
United States Code, Section 4722; 
D.  A statewide inventory of invasive aquatic plants and nuisance species; 
E.  Methods to improve cooperation of state, provincial, federal and nongovernmental 
agencies in the area of invasive aquatic plants and nuisance species prevention and 
control; 
F.  Recommendations on the feasibility of implementing lake protection assessment 
districts that allow residents and owners of land within 250 feet of inland waters to 
assess themselves to raise funds to assist in the prevention and control of invasive 
aquatic plants; and 
G.  Other recommendations as necessary to control the introduction of invasive 
aquatic plants and nuisance species in the State. 
Sec. 18.  38 MRSA §1872, first ¶, as enacted by PL 2001, c. 434, Pt. B, §2, is 
amended to read: 
The task force shall also recommend to the Land and Water Resources Council 
department an action plan to protect the State's inland waters from invasive aquatic plants 
and nuisance species.  That plan may include, but is not limited to: 
Sec. 19.  38 MRSA §2124-A, 3rd ¶, as amended by PL 2011, c. 655, Pt. GG, §31 
and affected by §70, is further amended to read: 
Beginning on January 1, 2013 and every odd-numbered year thereafter, the The 
report submitted under this section must include an analysis of how the rate of fill at each 
solid waste landfill has affected the expected lifespan of that solid waste landfill and an 
analysis of consolidation of ownership in the disposal, collection, recycling and hauling 
of solid waste. 
Sec. 20.  38 MRSA §2124-A, 4th ¶, as amended by PL 2011, c. 655, Pt. GG, §31 
and affected by §70, is repealed. 
Sec. 21.  38 MRSA §2133, sub-§2-A, as amended by PL 2011, c. 655, Pt. GG, 
§33 and affected by §70, is further amended to read: 
2-A.  Assistance with managing solid waste.  In accordance with section 343-C, the 
The department shall assist municipalities with managing solid waste.  The department 
may also provide planning assistance to municipalities and regional organizations for 
managing municipal solid waste.  Planning assistance may include cost and capacity 
analysis and education and outreach activities.  The department shall provide assistance 
pursuant to this subsection in accordance with the waste management hierarchy in section 
2101.  Preference in allocating resources under this section must be given to 
municipalities that take advantage of regional economies of scale.  
Sec. 22.  38 MRSA §2133, sub-§2-B, as amended by PL 2011, c. 655, Pt. GG, 
§33 and affected by §70, is further amended to read: 
2-B.  Household hazardous waste collection.  The department may, within available 
resources, award grants to eligible municipalities, regional associations, sanitary districts 
and sewer districts for household hazardous waste collection and disposal programs.  In 
implementing this program, the department shall attempt to: 
A.  Coordinate the household hazardous waste collection programs with overall 
recycling and waste management; 
B.  Encourage regional economies of scale; 
C.  Coordinate programs between private and public institutions; 
D.  Maximize opportunities for federal grants and pilot programs; and 
E.  By January 1, 2002 and as necessary thereafter, fund capital improvements and 
operating expenses to facilitate the development of collection programs throughout 
the State for hazardous waste that is universal waste, as identified in board rules, 
generated 
by 
households, 
small-quantity 
generators, 
public 
schools 
and 
municipalities. 
Preference in allocating resources under this subsection must be given to municipalities 
that participate in a household hazardous waste collection region as defined in subsection 
2-D. 
At a minimum, the department shall award grants to public schools and municipalities for 
reasonable costs incurred as a result of managing waste mercury-added products 
generated by those public schools and municipalities, in compliance with the 
requirements in sections 1663 and 1664, that would not otherwise be incurred by 
complying with existing laws, rules or regulations as of July 15, 2002. 
Sec. 23.  38 MRSA §2133, sub-§2-D, as amended by PL 2011, c. 655, Pt. GG, 
§33 and affected by §70, is repealed. 
SUMMARY 
This bill makes minor changes to the laws administered by the Department of 
Environmental Protection to remove inconsistencies and inefficiencies.  The bill removes 
redundant reporting requirements; reflects current processes being used and established 
by rule; expands the scope of projects that qualify for general permits and reduces the 
permit fees; accounts for name changes in boards and the dissolution of the State 
Planning Office; aligns revenue of funds with expenses; revises provisions to be 
consistent with laws concerning rulemaking; establishes reporting dates for industry that 
are consistent with those of other New England states; and provides more effective means 
of notification of various proceedings.