An Act To Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection
Sec. 1. 5 MRSA §3341, sub-§2, ¶B, as amended by PL 1997, c. 393, Pt. A, §11, is further amended to read:
Sec. 2. 5 MRSA §9051-A, sub-§3, as enacted by PL 1987, c. 653, §1, is amended to read:
(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 ; .
Sec. 3. 10 MRSA §1099-A, sub-§7, as enacted by PL 1989, c. 774, §4, is amended to read:
Sec. 4. 10 MRSA §1099-A, sub-§8, as enacted by PL 1989, c. 774, §4, is amended to read:
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:
Sec. 7. 38 MRSA §343-C, sub-§2, ¶A, as enacted by PL 1991, c. 804, Pt. C, §3, is amended to read:
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 C, §3, is repealed.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:
Sec. 10. 38 MRSA §353-A, sub-§10, as enacted by PL 2007, c. 297, §1, is amended to read:
Sec. 11. 38 MRSA §568-A, sub-§2, ¶C, as amended by PL 2009, c. 501, §9, is further amended to read:
(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:
Sec. 13. 38 MRSA §585-B, sub-§5, as amended by PL 2009, c. 535, §1, is further amended to read:
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.
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:
Sec. 15. 38 MRSA §603-A, sub-§2, ¶A, as amended by PL 2009, c. 604, §1, is further amended to read:
(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:
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:
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:
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.