Resolve, Regarding Legislative Review of Portions of Chapter 692: Siting of Oil Storage Facilities, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 129, LD 0281
Committee Amendment CA_A_H121 (House)

COMMITTEE AMENDMENT .. ,tJ "to H.P. 205, L.D. 281, "Resolve, Regarding 
Legislative Review of Portions of Chapter 692: Siting of Oil Storage Facilities, a Major 
Substantive Rule of the Department of Environmental Protection" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 692: 
Siting of Oil Storage Facilities, a provisionally adopted major substantive rule of the 
Department of Environmental Protection that has been submitted to the Legislatl.U'e for 
review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if the following changes are made: 
1. The mle must be amended in section 2(0) to delete the definition for "same 
property"; 
2. The mle must be amended in section 3 to clarify that for the pm.pose of section 
3(A)(2) and section 3(A)(3), the oil storage facility owner is required to notify the local 
public water utility or other community public water provider, if any, of the owner's 
expansion or conversion intentions prior to the installation of any tanks; 
3. The mle must be amended in sections 3(A)(2), 3(A)(3), 4(A)(2) and 4(A)(3) to 
remove language authorizing the expansion of an underground or aboveground oil 
storage facility on parcels contiguous to the facility; 
4. The mle must be amended in sections 3(A)(2) and 3(A)(3) to remove language 
clarifying that fill pipes for product delivery to tanks and the loading and unloading area 
of bulk plants or other distribution facilities where oil is transferred to tank trucks or 
railroad cars may not be located closer to private or public drinking water wells than their 
location prior to the expansion; 
5. The mle must be amended in section 3(B) to provide that the Commissioner of 
Environmental Protection may require an applicant for a variance to provide additional 
information to be used in making the variance determination; 
c 
EE AMENDMENT 
~. ~ s. 
COMMITTEE AMENDMENT ,A,, to H.P. 205, L.D. 281 
6. The rule must be amended in section 4(C)(l) to clarify that the Commissioner of 
Environmental Protection may grant a variance for a proposed facility located on a 
polluted significant sand and gravel aquifer or other significant sand and gravel aquifer 
with low potential for use if the proposed facility is located in an urban area of dense 
commercial or industrial land uses or an area where a public water supply well is unlikely 
in the foreseeable future and a public drinking water system serves all drinking water 
users within 1,000 feet of the proposed facility; 
7. The rule must be amended in section 4(C)(l) to remove language authorizing the 
Commissioner of Environmental Protection to grant a variance for a proposed facility 
located on a polluted significant sand and gravel aquifer or other significant sand and 
gravel aquifer with low potential for use if the proposed facility is located in an area 
where a public water supply well is zoned by a municipality specifically for commercial 
or industrial land uses; 
8. The rule must be amended in section 4(D)(l) to provide that the Commissioner of 
Environmental Protection may require a hydrogeologic evaluation when a proposed 
facility is located in an area identified by the Department of Environmental Protection as 
an area with a high likelihood of containing an unmapped, high yield significant sand and 
gravel aquifer, including, but not limited to, an aquifer associated with a surface water 
body or containing deep glacial drift deposits or an area with a high likelihood of being 
used for a public water supply or the expansion of an existing public water utility. This 
determination must be made based on readily available infonnation and best professional 
judgment and with input from the local public water utility, if any; 
9. The rule must be amended in section 4(E)(4) to clarify the variance requirement 
that the applicant submit a letter from the municipality in which the proposed facility is 
located stating that the facility is needed within the community and that the specific 
location is acceptable to the municipality and to the local public water utility, if any; 
10. The rule must be amended in section 4(F) to delete the cross-reference to section 
3(B); 
11. 
All necessary grammatical, fonnatting, punctuation or other technical 
nonsubstantive editing changes must be made to the rule; and 
12. All other necessary changes must be made to the rule to ensure confonnity 
throughout the rule and consistency with the provisions of this section. 
The Department of Environmental Protection is not required to hold hearings or 
undertake further proceedings prior to final adoption of the rule in accordance with this 
section.' 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment authorizes final adoption by the Department of Environmental 
Protection of portions of Chapter 692: Siting of Oil Storage Facilities, a provisionally 
adopted major substantive rule of the department, only if a number of specified changes 
to the rule are made prior to final adoption. 
COMMITTEE AMENDMENT