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Rulemaking
There is no rulemaking currently under consideration.
Recently adopted rule amendments:
2024
- Adopted current policy language into rule to make “Proper Identification of Treatment Sites” methods enforceable. Adding language from this policy under subsection 1-4 and creating a new subsection 5 that allows master applicators to submit their own methods for identifying treatment sites.
- Added a section B that outlines penalties if violations occur over a 5-year period.
- Incorporation by reference of 40 CFR 171.201, which adds federal standards for direct supervision of non-certified applicators supervised by commercial applicators.
- Addition of the word “soil” to option III of the 1B “Agricultural Plant” category, this clarifies that this category is for soil fumigation and aligns it with the federal category “Agricultural Crop Pest Control”.
- Addition of “maintenance of public roads” to the description for category 7A and B “Vegetation Management”.
- Incorporation by reference of 40 CFR 171.103(d)(13) and 40 CFR 171.103(c)(1 through 10) (2023), which adds federal competency standards for option III of 1B “Agricultural Plant” category related to soil fumigation.
- Incorporation by reference of 40 CFR 171.103(d)(14) and 40 CFR 171.103(c)(1 through 10) (2023), which adds federal competency standards for the 7B category, “Industrial, Institutional, Structural and Health Related Pest – Fumigation” category related to non-soil fumigation.
- Incorporation by reference of 40 CFR 171.103(d)(15) and 40 CFR 171.103(c)(1 through 10) (2023), which adds federal competency standards for the 11 category, “Aerial Pest Control” related to aerial application of pesticides.
- Additional breakouts of competency standard subcategories for 1B “Agricultural Plant” and 7A “Vegetation Management” to clarify the competency standards for each subcategory. Combined categories 7C(1) Disinfectant and Biocide Treatments, 7C(2) Swimming Pool & Spa, and 7C(3) Mold Remediation into one category 7C Disinfectant and Biocide and retaining language from the other categories under this new category.
- Combined competency standards for 7C(1) Disinfectant and Biocide Treatments, 7C(2) Swimming Pool & Spa, and 7C(3) Mold Remediation into one competency standard 7C Disinfectant and Biocide and retaining language from the other competency standard categories to align with language from the category descriptions in Section 2.
- Incorporation by reference of 40 CFR 171.201 and 40 CFR 171.105(a) (1 through 11), which adds federal standards for direct supervision of non-certified applicators supervised by private applicators.
- Incorporation by reference of 40 CFR 171.105(d) (2023) to (a) Soil Fumigation, which adds federal standards for private applicators under the soil fumigation category.
- Incorporation by reference of 40 CFR 171.105(e) (2023) to (b) Non-Soil Fumigation, which adds federal standards for private applicators under the non-soil fumigation category.
- Incorporation by reference of 40 CFR 171.105(f) (2023) to (c) Aerial, which adds federal standards for private applicators under the aerial category.
- Updating the date for federal standards referenced from (2017) to (2023) under Chapter 32 (5)(a through c).
- Added requirements for certified applicators supervising noncertified applicators that align with federal standards outlined in 40 CFR 171.201 (2023). These standards are required by EPA for certification and training program updates.
- Require electronic reporting for commercial applicators annual use reports and dealers annual sales reports. This requires these parties to electronically report to a board-approved software solution.
- Outlines a transition period in 2024 and 2025 with reports required to be submitted electronically by 2026 (reporting year 2025) or seek an exemption waiver.
- Describes a waiver process for those who do not have access to an electronic device capable of submitting electronic reports.
2022
Chapter 41 Special Restrictions on Pesticide Use
- Added a new section pertaining to neonicotinoids (dinotefuran, clothianidin, imidacloprid or thiamethoxam) to restrict registration and prohibit use in outdoor residential landscapes for the purposes of managing pests in turf and ornamental vegetation. Add an allowance for management of invasive invertebrate pests in ornamental vegetation and an emergency permitting process.
- Added a new section prohibiting the use of chlorpyrifos, except for licensed applicators who obtain a use permit from the Board to apply chlorpyrifos products purchased prior to December 31, 2022.
- Defined “Perfluoroalkyl and Polyfluoroalkyl Substances” or “PFAS.”
- Added a requirement for registrants to submit a confidential statement of formula to register their product with the state of Maine.
- Added two affidavit requirements; one affidavit that asks registrants to disclose if their pesticide product has ever been stored in a fluorinated container and a second affidavit asking registrants to disclose if the formulation of the pesticide product contains any perfluoroalkyl or polyfluoroalkyl substances.
2019
Chapter 10 Definitions and Terms
- Amended the definition of “Aerial Applicator” to allow certification as a private applicator.
- Amended the definition of property not deemed to be open to use by the public to include where the public has not been permitted on the treated portion of privately held recreational land within seven days of a pesticide application for vegetation management.
Chapter 31 Certification and Licensing Provisions / Commercial Applicators
- Added requirement for a government-issued photo id for all exams.
- Established annual training requirements for noncertified applicators of restricted use pesticides.
- Established minimum age for individuals certified as commercial or private applicators.
- Described the credentials which will be issued to each applicator verifying certification.
- Removed section on transitioning to revised licensing and certification requirements since the time frame has passed.
- Updated the names of certain categories to align with current exams.
- Removed requirement to collect social security number.
- Changed cost of master exams from $50 for both to $10 for Master Regulations exam and $40 for Master Oral exam.
- Removed exemption for those certifying in the Post Harvest Treatment category from having to take the master exams.
- Removed requirements for applicators to receive continuing education credits in specific categories as the Board doesn’t categorize courses this way.
- Removed fee for replacement and upgraded licenses as the Board no longer charges for these due to improved software.
Chapter 32 Certification and Licensing Provisions for Private Applicators
- Amended competency standards to include those required by EPA C&T: label comprehension; responsibilities for supervisors of noncertified applicators; stewardship; ability to read and understand pesticide labeling.
- Removed option to provide oral exam.
- Added supplemental private categories which can be obtained in addition to certification for private licensure: aerial application; soil fumigation; non-soil fumigation.
- Established minimum age for individuals certified as commercial or private applicators.
- Described the credentials which will be issued to each applicator verifying certification.
- Added requirement for a government-issued photo id for all exams.
Chapter 50 Reporting Requirements for Applicators and Dealers
- Added requirements to dealer records of sales (required by EPA C&T amendments):
- customer address
- issuing authority, certification expiration date, and categories of certification in addition to the applicator’s certification number
Repeal of Chapter 36 Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program
2015
Chapter 31 Certification and Licensing Provisions/Commercial Applicators
- Change the license period from two years to three; change the certification period from six years to three and align the licensing and certification periods.
- Amend the description of Category 6B to clarify what types of applications are included.
- Change the requirement for passing both the core and category exams within one year of each other to within five years.
- Clarify that certified or licensed wastewater or drinking water operators are exempt from licensing only while applying pesticides to the wastewater or drinking water and not while performing other duties such as weed management.
Chapter 34 Certification and Licensing Provisions/Dealers
- Shorten the time period a person must wait before re-taking an exam they have failed to align with other licensing rules.
- Change the license period from one year to three; change the certification period from five years to three and align the licensing and certification periods.
Chapter 35 Certification and Licensing Provisions/Spray Contracting Firms
- Remove the requirements for spotters and monitors for forest insect aerial spray programs.
- Change the license period from two years to three.
Chapter 22 Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition —Eliminates the requirement of identifying sensitive areas for commercial applications conducted under categories 6A (rights-of-way vegetation management), 6B (industrial/commercial/municipal vegetation management) and 7E (biting fly & other arthropod vectors [ticks]).
Chapter 28 Notification Provisions for Outdoor Pesticide Applications—Adds to the list of categories that require posting: 6B (industrial/commercial/municipal vegetation management) except when making applications to sidewalks and trails, power substations, and railroad sidings; and 7E (biting fly & other arthropod vectors [ticks]). Requires notice per Board policy for applications to sidewalks and trails under 6B (industrial/commercial/municipal vegetation management).
October 24, 2014
Chapter 20 Special Provisions—Adds a requirement for applicators making outdoor treatments to residential properties to implement a system to positively identify application sites in a manner approved by the Board. This requirement has been in policy for several years.
Chapter 31 Certification and Licensing Provisions/Commercial Applicators
- Clarifies that certain applications are exempt from commercial licensing requirements. These were in policy:
- Adults applying repellents to children with the consent of parents/guardians;
- Persons installing antimicrobial metal hardware.
- Exempts aerial applicators certified in other states from passing a written regulation exam and allows for issuance of reciprocal licensing when the staff determines that an urgent pest issue exists and when staff verbally reviews pertinent Maine laws with the applicator.
- Shortens the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 32 Certification and Licensing Provisions/Private Applicator —Shortens the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 33 Certification & Licensing Provisions/Private Applicators of General Use Pesticides
(Agricultural Basic License)—Shortens the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 41 Special Restrictions on Pesticide Use—Amends Section 3 to eliminate the restrictions on hexazinone relative to pesticide distributors and air-assisted application equipment.