September 12, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

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PROPOSALS

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AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2018-P193
BRIEF SUMMARY: These amendments are being proposed to provide flexibility to municipalities and businesses siting oil storage facilities, as long as certain criteria and design standards are met. This proposed language adds variance language to allow for more areas to be developed without negatively impacting groundwater or drinking water. Additional municipalities and businesses would be able to site oil storage facilities including those that were previously proposed and denied. These facilities would need to meet certain criteria and design standards to ensure that the risk or oil discharges and the likelihood of future groundwater contamination has been effectively minimized.
Proposed changes include:
* Eliminate the need to confirm mapping already completed by the Maine Geological Survey by conducting a site-specific evaluation thus creating less work for applicants;
* Allow flexibility to expand on a contiguous parcel if owned as of September 30, 2001 for UST facility and September 30, 2008 for an AST facility if expansion on the contiguous parcel does not increase fuel storage capacity or facility area by more than 30%;
* Allow a variance procedure for a municipality located on a significant sand and gravel aquifer as long as certain standards are met;
* Allow for a variance procedure for a facility on a polluted high yield significant sand and gravel aquifer; 
* Clarify the design standards for facilities subject to variance requests under sections 3(B), 4(C), 4(D) or 4(E);
* Add a variance transfer procedure; and
* Modifies language including correcting typographical errors and providing definitions and language clarification.
PUBLIC HEARING: October 4, 2018, 9:00 a.m., Board of Environmental Protection Meeting, Augusta Civic Center, 76 Community Drive, Augusta, ME
COMMENT DEADLINE: October 15, 2018 at 5:00 pm
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 1391, 341-H, 1400
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/rules/index.html .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .