Resolve, Regarding Legislative Review of Chapter 171: Control of Petroleum Storage Facilities, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 131, LD 0071
Committee Amendment CA_A_H42 (House)

COMMITTEE AMENDMENT "4, to H.P. 46, L.D. 71, "Resolve, Regarding 
Legislative Review of Chapter 171: Control of Petroleum Storage Facilities, a Major 
Substantive Rule of the Department of Environmental Protection " 
Amend the resolve by striking out everything after the emergency preamble and before 
the emergency clause and inserting the following: 
'Sec. 1. Adoption. Resolved: 
That final adoption of Chapter 171: Control of 
Petroleum Storage Facilities, a provisionally adopted major substantive rule of the 
Department of Environmental Protection that has been submitted to the Legislature 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 rule must be amended in Section 6(8) and any other affected sections to provide 
that the department shall specify the period or periods of time during which a fence line 
monitoring program to be implemented by an owner or operator of a petroleum storage 
facility subject to fenceline monitoring requirements must be in operation; 
2. The rule must be amended in Section 6(8) and any other affected sections to provide 
that the department may authorize the suspension for a definite or indefinite period of a 
fenceline monitoring program implemented by the owner or operator of a petroleum 
storage facility upon a finding that sufficient data has been collected through the program 
or that the continued collection of data can reasonably be expected to provide minimal 
scientific value in evaluating emissions from the facility or is otherwise unnecessary; and 
3. The rule must be amended in Section 6(8) and any other affected sections to provide 
that the department may extend for a definite or indefinite period the deadlines by which 
the owner or operator of a petroleum storage facility subject to fenceline monitoring 
requirements must submit a fenceline monitoring plan and implement an approved 
fenceline monitoring program upon a finding that the collection of data at the facility 
through fenceline monitoring can reasonably be expected to provide minimal scientific 
value in evaluating emissions from the facility or is otherwise unnecessary.' 
COMMITTEE AMENDMENT 
ROS 
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COMMITTEE AMENDMENT .. 4,, to H.P. 46, L.D. 71 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, amends the resolve to 
authorize final adoption of rule Chapter 171: Control of Petroleum Storage Facilities by the 
Department of Environmental Protection subject to the following changes to the rule: 
1. The rule must be amended to provide that the department must specify the period 
or periods of time during which a fenceline monitoring program at certain petroleum 
storage facilities must be in operation; 
2. 
The rule must be amended to provide that the department may authorize the 
suspension for a definite or indefinite period of a fenceline monitoring program 
implemented at a petroleum storage facility upon a finding that sufficient data has been 
collected through the program or that the continued collection of data can reasonably be 
expected to provide minimal scientific value in evaluating emissions from the facility or is 
otherwise unnecessary; and 
3. The rule must be amended to provide that the department may extend for a definite 
or indefinite period the deadlines by which the owner or operator of certain petroleum 
storage facilities must submit and implement a fenceline monitoring program upon a 
finding that the collection of data at the facility through fenceline monitoring can 
reasonably be expected to provide minimal scientific value in evaluating emissions from 
the facility or is otherwise unnecessary. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/23/23 ;:b:?ae 
LD 71 
LR 33(03) 
Resolve, Regarding Legislative Review of Chapter 171: Control of Petroleum Storage Facilities, a 
:Major Substantive Rule of the Department of Environmental Protection 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment /J.{ff~t/2.,) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Environmental Protection as a result of the final adoption of the rule 
referenced in this bill are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR0033(03) - Fiscal Note - Page 1 of 1