Over the past several months, we have been monitoring several pieces of legislation at both the State and Federal level. Recently, the Maine legislature finished their work for this session yet the fate of 65 bills remains in question at this time. The following bills were passed by the legislature and will become law on October 15, 2015:

LD 580 – An Act to Extend the Funding Period for Landfill Closure Costs

Under the current law, DEP pays 75% of certain landfill closure costs incurred on or after July 1, 1994 and before December 31, 2015. This bill extends that time period to December 31, 2025.

LD 911 – An Act Concerning the Review of Certain Projects under the Site Location of Development Law

LD 911 creates several new definitions relating to the scenic impact of a wind energy development; it allows for the consideration of cumulative scenic impacts in the permitting of wind energy developments; it also allows the Department of Environmental Protection to require a visual impact assessment for wind energy developments located within 15 miles of scenic resources of state or national significance and mandates a visual impact assessment if a generating facility is located within 15 miles of specific scenic resources of state or national significance.

LD 1366 – An Act to Promote Recycling Program Integration and Efficiencies

This legislation promotes a more comprehensive approach to recycling in Maine, by including implementation of Maine’s beverage container redemption program within DEP’s Sustainability Division and DEP’s materials management programs. The Department is and will continue to coordinate implementation with the Department of Agriculture, Conservation and Forestry, who in turn will continue to oversee the portion of the law regarding food safety matters. We will manage product code registrations, data analytics, and will provide assistance regarding recyclables covered by the Bottle Bill with our other efforts to help municipalities, regional districts, industry stakeholders and business improve their recycling opportunities.

LD 1019 - An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2015, June 30, 2016 and June 30, 2017 (This bill became law on June 30, 2015)

As part of the state’s biannual budget, the Land and Water Quality program was divided into two separate bureaus. This proposed change was created to address the growing volume of work that the land division has seen over the past several years. The land bureau receives 2500-3000 permit applications every year, ranging from small permit-by-rule applications, to large projects of statewide significance. A number of these applications have to do with large, grid scale energy projects such as; wind, hydropower and tidal energy. As we move forward, the Bureau of Water Quality will continue under the direction of Mick Kuhns and the newly created Bureau of Land Resources will be led by our newest bureau director, Mark Bergeron.

Four of the 65 bills I mentioned earlier are bills of Department interest and we will continue to monitor their status pending a ruling by the Maine Supreme Judicial Court. They are:

• LD 727 – Oil Storage Tanks
• LD 1040 – Youth Conservation Corps
• LD 1044 -  PaintCare
• LD 1303 – Fund Merger

My thanks to all of you for your work in providing information to prepare testimony before legislative committees, attending work sessions as well as fielding questions and requests from other state agencies. Your collaborative effort is deeply appreciated.

In June, I was honored to be named Chair of the Ozone Transport Commission (OTC) at the OTC Annual Meeting in Princeton, NJ. The OTC is a multi-state organization created under the Clean Air Act. They are responsible for advising EPA on transport issues and for developing and implementing regional solutions to the ground-level ozone problem in the Northeast and Mid-Atlantic regions.

OTC provides air pollution assessment, technical support and a forum through which states can work together to harmonize their pollution reduction strategies. OTC members include: Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia. This is the first time since 1993 that Maine has served as Chair.

The long awaited arrival of good weather also brought the announcement from four of our employees of their decision to retire. I personally want to acknowledge George Seel, Fred Lavallee, Gordon Fuller and Cathy Stulz for their contribution to this agency and their years of service to the state. On behalf of everyone at DEP, congratulations and best wishes; George, Fred, Gordon and Cathy!

I hope you all take some time to enjoy summer in Maine!

In an ongoing effort to increase readiness for State and private coordination in the event of a rail accident, Maine Department of Environmental Protection, railroads, and Public Safety Agencies participated in training and exercise to practice procedures and equipment used in response to an oil spill from rail tank cars. The training was held in Greenville, June 15 – 25, 2015.

Participating in the training and exercise included representatives from: Maine Department of Environmental Protection, Maine Emergency Management Agency, Central Maine and Quebec Railway, Eastern Maine Railway, Maine Northern Railway, Federal Rail Administration, US Environmental Protection Agency, National Oceanic and Atmospheric Administration, Greenville Fire Dept. Milo Fire Dept.

The Classroom-style training covered: Rail safety at rail facilities and at a wreck/derailment scene; the properties and hazards of crude oil; the use of mapped data for implementation of protection strategies for sensitive habitat for wildlife and fisheries; case studies of previous rail accidents involving oil; firefighting strategies for responding to crude oil fires; and Incident Command Structure and communications.

In addition to the classroom training, a two day exercise was held each week with participants working together to coordinate resources to respond to a simulated oil spill along the railroad adjacent to Moosehead Lake. Boats, containment boom, oil recovery equipment, and shoreline cleanup strategies were deployed and monitored.

Summer is a busy time of year for all of us. DEP staff and management receive a large number of requests to take part and present at various events during the summer months. One such event was held on July 9th, when E2Tech invited Commissioner Aho and our four bureau directors to present the “State of the Environment” at their summer conference. The group was asked to address emerging issues, innovation and outreach. The rare opportunity to hear from the Commissioner and all the directors drew a large crowd and gave attendees a chance to participate in an informative Question & Answer period at the end of the presentation. To view our presentation please visit E2Tech’s website at http://www.e2tech.org/Res/Documents/MAINEDEPJULY2015.pdf.

The Environmental & Energy Technology Council of Maine (E2Tech) seeks to build and expand the State’s environmental, energy, and clean technology sectors. E2Tech acts as a catalyst to stimulate growth in the State’s environmental, energy, and clean technology sectors by facilitating networking opportunities, serving as a clearinghouse for objective information, and leading efforts to promote the sector.