An Act To Allow the Board of Environmental Protection To Make Changes through Routine Technical Rulemaking to Federally Based Screening Levels for the Beneficial Use of Solid Waste”
Maine Legislature, Session 129, LD 1781
Committee Amendment CA_A_H785 (House)
Amends: 38 MRSA §1304

COMMITTEE AMENDMENT “      ” to H.P. 1265, L.D. 1781, Bill, “An Act To 
Allow the Board of Environmental Protection To Make Changes through Routine 
Technical Rulemaking to Federally Based Screening Levels for the Beneficial Use of 
Solid Waste”
Amend the bill by striking out the title and substituting the following:
'An Act To Clarify the Authority of the Board of Environmental Protection To 
Adopt or Amend Rules Regarding the Beneficial Use of Solid Waste' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  38 MRSA §1304, sub-§1-D is enacted to read:
1-D.  Rules; beneficial use of solid waste.  The board may adopt or amend rules 
relating to the beneficial use of solid waste.  Rules adopted pursuant to this subsection are 
major substantive rules, as defined in Title 5, chapter 375, subchapter 2-A, except that 
rules adopted pursuant to this subsection that adopt or amend screening levels for 
beneficial use derived using the standard risk assessment protocols of the United States 
Environmental Protection Agency or derived using models used by the United States 
Environmental Protection Agency for assessing risk to groundwater are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  PL 2011, c. 304, Pt. F, §2 is repealed.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, changes the title of 
and replaces the bill.  The amendment authorizes the Board of Environmental Protection 
to adopt or amend rules relating to the beneficial use of solid waste through major 
substantive rulemaking pursuant to the Maine Revised Statutes, Title 5, chapter 375, 
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1265, L.D. 1781
COMMITTEE AMENDMENT
subchapter 2-A, except that rules relating to the beneficial use of solid waste that adopt or 
amend screening levels for beneficial use derived using the standard risk assessment 
protocols of the United States Environmental Protection Agency or derived using models 
used by the United States Environmental Protection Agency for assessing risk to 
groundwater may be adopted or amended through routine technical rulemaking.  It also 
repeals a prior enacted unallocated law that contains a similar rule-making authority.
FISCAL NOTE REQUIRED
(See attached)
Revised: 03/13/20
LD 1781
LR 2382(02)
Fiscal Detail and Notes
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Board of Environmental Protection within the Department of Environmental Protection as 
a result of changes to its rulemaking authority regarding the beneficial use of solid waste are anticipated to be minor 
and can be absorbed within existing budgeted resources.  
An Act To Allow the Board of Environmental Protection To Make Changes through Routine 
Technical Rulemaking to Federally Based Screening Levels for the Beneficial Use of Solid Waste
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
LR2382(02) - Fiscal Note - Page 1 of 1