September 14, 2011

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS


AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Board of Pesticides Control Rules:
(1) Amendment to Ch. 28 � Notification Provisions for Outdoor Pesticide Applications
(2) New Ch. 33 � Certification and Licensing Provisions/Private Applicators of General Use Pesticides
(3) Amendment to Ch. 41 � Special Restrictions on Pesticide Use
(4) Amendment to Ch. 60 � Designation of Critical Pesticide Control Areas
PROPOSED RULE NUMBERS: 2011-P166 thru P169
CONTACT PERSON: Henry Jennings, Board of Pesticides Control, Department of Agriculture, Food and Rural Resources, 28 Stata House Station, Augusta, ME 04333. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
PUBLIC HEARING: Friday, October 7, 2011, 9:30 a.m., at the Hampton Inn, Colby/Thomas Room, 425 Kennedy Memorial Drive, Waterville
COMMENT DEADLINE: 5:00 p.m., Friday, October 21, 2011
BRIEF SUMMARY:
(1) The amendment to Ch. 28 is mandated by PL 2011, Ch. 332, LD 228. It will allow for notification of aerial spraying within 1,000 feet of sensitive areas.
(2) The new Ch. 33 is mandated by PL 2011, Ch. 169, LD 975. It will establish procedures for licensing growers who use only general-use pesticides and annually produce at least $1,000 of plant produce for human consumption.
(3) The amendment to Ch. 41 would eliminate the requirement for training prior to purchasing or using genetically modified corn containing Bacillus thuringiensis genes. This amendment was requested by a constituent.
(4) The amendment to Ch. 60 would remove the designation of a critical pesticide control area from the Deblois Fish Hatchery. This amendment was requested by a constituent because the area so designated no longer contains a fish hatchery.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Board of Pesticides Control is proposing amendments to three chapters and the creation of one new chapter.
(1) The amendment to Ch. 28 is mandated by PL 2011, Ch. 332, LD 228. Currently, Ch. 28 entitles an owner, lessee, or other legal occupant of a sensitive area to request and receive notification of any outdoor application within 500 feet of that sensitive area. This amendment will create the same requirement for aerial spraying within 1,000 feet of the sensitive area. The intention of this amendment is to address the concern among some members of the public that aerial pesticide applications can drift over greater distances than those made on the ground.
(2) The new Ch. 33 is mandated by PL 2011, Ch. 169, LD 975. It will provide a system for licensing growers who use only general-use pesticides and annually sell more than $1,000 of plant or plant products intended for human consumption. Previously growers needed to be licensed only if using restricted-use pesticides. The use of restricted-use pesticides has declined in recent years, and many agricultural commodities are produced using only general-use pesticides. Similar to the rule for private applicators of restricted-use pesticides, these licensees would need to pass an exam to demonstrate competency in pest management and the use of pesticides. Licensees would also need to receive one hour of continuing education annually in order to maintain the license. Requiring education and testing would ensure a level of competency in handling these substances and protect the producers and consumers from pesticide misuse. A three-year license will cost $15.
(3) The amendment to Ch. 41 would eliminate the requirement for training prior to purchasing or using genetically modified corn containing Bacillus thuringiensis genes. This amendment was requested by a constituent. Because little has changed with the use of this product, many users believe that it is no longer necessary to require training, and that a network exists of experienced users who can provide guidance to new users.
(4) The amendment to Ch. 60 would remove the designation of critical pesticide control area surrounding the Deblois Fish Hatchery. This amendment was requested by a constituent because the area so designated no longer contains a fish hatchery.
Proposed rules can be obtained from the BPC’s website at www.thinkfirstspraylast.org or by calling (207) 287-2731.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: Ch. 28 — PL 2011, Ch. 332, LD 228, 7 MRS §610(2)(E)(2), 22 MRS §1471-M(2)(D). New Ch. 33 — PL 2011, Ch. 169, LD 975, 7 MRS §610(2)(E)(2), 22 MRS §1471-M(2)(D). Ch. 41 — 7 MRS §610 (2)(E)(2), 22 MRS §1471-M(2)(D). Ch. 60 — 22 MRS §1471-M(4), 7 MRS §610 (2)(E)(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .


AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 418, Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes
Ch. 419, Maine Solid Waste Management Rules: Agronomic Utilization of Residuals
PROPOSED RULE NUMBERS: 2011-P170, P171
CONTACT PERSON FOR THIS FILING: Carla J. Hopkins, Maine Department of Environmental Protection, #17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 215-3314. Fax: (207) 287-7826. E-mail: Carla.J.Hopkins@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill; (207) 287-7881. E-mail: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: October 4, 2011 at 1:45 p.m., DEP Response Building, 4 Blossom Lane, Augusta, ME 04333
COMMENT DEADLINE: October 14, 2011
BRIEF SUMMARY: As required by PL 2011 Ch. 304 (LD 1, “An Act to Ensure Regulatory Fairness and Reform”), the Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Beneficial Use of Solid Wastes, 06-096 CMR 418, and to the Solid Waste Management Rules: Agronomic Utilization of Residuals, 06-096 CMR 419. The revisions will exempt wood ash from the licensing requirements of 06-096 CMR 418 provided that the wood ash is utilized as an effective substitute for a commercial product and of 06-096 CMR 419 provided that the wood ash is agronomically utilized as an effective substitute for a commercial product.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1304(1) and PL 2011 Ch. 304 (LD 1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 850, Maine Hazardous Waste Management Rules: Identification of Hazardous Wastes
PROPOSED RULE NUMBER: 2011-P172
CONTACT PERSON FOR THIS FILING: Stacy Ladner, Maine Department of Environmental Protection, #17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-2651. Fax: (207) 287-7826. E-mail: Stacy.A.Ladner@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: October 4, 2011, 1:00 p.m., DEP Response Building, 4 Blossom Lane, Augusta, ME 04333
COMMENT DEADLINE: October 14, 2011
BRIEF SUMMARY: LD 1 (PL 2011 Ch. 304) requires rulemaking to amend the Hazardous Waste Management Rules to exempt isopropyl alcohol when used or reused as an effective substitute for a commercial product. The Department of Environmental Protection is posting draft changes to the Hazardous Waste Management Rules to implement this change. The draft rule incorporates this exemption and establishes a method for determining an effective substitute for a commercial product in the case of isopropyl alcohol.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: LD 1 (PL 2011 Ch. 304), 38 MRSA §1301 et seq., esp. §1319-O(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Resource Conservation and Recovery Act
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS: no adoptions this week