The Maine DEP is proposing a number of regulations that have the potential to affect a large percentage of industrial sites in the state. Following are brief descriptions of three regulations being proposed. If you have any questions on these proposed changes please contact Kristine Davies .

  1. Chapter 890 - Designation of PFOS as a Priority Chemical - The Department is proposing to adopt a new rule that will designate perfluorooctane sulfonic acid ("PFOS") as a priority chemical and require reporting for certain product categories that contains this regulated chemical. The proposed rule applies to manufacturers of specified product categories that contain intentionally added amounts of PFOS, which is often used to make clothing, water, repellant, among many other uses.
  2. Emission Limitations and Emission Testing of Resource Recovery Facilities and 111(d) Municipal Waste Combustor (MWC) State Plan For Large and Small (Class I & II) Facilities - Chapter 121 and the corresponding State Plan have been revised and updated based on recent EPA comments on the 2007 submittal, and input from the three facilities in the State subject to this rule. As a result, the MWC facilities must adopt a Section 129 plan to demonstrate implementation of federal emission guidelines for reduction of listed pollutants. In addition, Section 129 directs the EPA to regulate emissions of: PM, opacity, SO2, HCL, NOx, CO, Pb, Cd, Hg, dioxins, and dibenzofurans.
  3. Siting of Oil Storage Facilities - The Department is proposing to amend its Chapter 692-Siting of Oil Storage Facilities rule to provide flexibility to municipalities and businesses siting oil storage facilities, as long as certain criteria and design standards are met. Many of these criteria deal with ensuring that facilities are not built in sensitive areas, i.e. close to aquifers or protection zones.

    Proposed changes include:

    • Eliminating the need to confirm mapping already completed by the Maine Geological Survey, by conducting a site-specific evaluation thus creating less work for applicants.
    • Allowing 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, and if expansion on the contiguous parcel does not increase fuel storage capacity or facility area by more than 30%.
    • Allowing a variance procedure for a municipality located on a significant sand and gravel aquifer, as long as certain standards are met.
    • Allowing for a variance procedure for a facility on a polluted high yield significant sand and gravel aquifer.
    • Clarifying the design standards for facilities subject to variance requests under sections 3(B), 4(C), 4(D) or 4(E);
    • Adding a variance transfer procedure; and
    • Modifying language, including correcting typographical errors, and providing definitions and language clarification.