Twentyfive amendments to Maine Pesticides Rules under consideration
PUBLIC HEARING: Friday, March 8, 2019, 9:00 a.m., Room 118, Marquardt Building, 32 Blossom Lane, Augusta .
COMMENT DEADLINE: 8:00 a.m., Monday, March 25, 2019
Contact Megan Patterson, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov
List of changes
Chapter 26 Standards for Indoor Application of Pesticides: One amendment is proposed [PDF of rule with proposed amendments]
Chapter 27 Standards for Pesticide Applications and Public Notification in Schools: Three amendments are proposed [PDF of rule with proposed amendments
Chapter 28 Notification Provisions for Outdoor Pesticide Applications: One amendment is proposed [PDF of rule with proposed amendments]
Chapter 31 Certification and Licensing Provisions / Commercial Applicators: Eleven amendments are proposed [PDF of rule with proposed amendments]
Chapter 32 Certification and Licensing Provisions for Private Applicators: Six amendments are proposed [PDF of rule with proposed amendments]
Chapter 50 Reporting Requirements for Applicators and Dealers: One amendment is proposed [PDF of rule with proposed amendments]
Chapter 36 Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program [PDF of rule with proposed amendments]
Repeal of Ch. 36 is proposed. Associated requirements were previously repealed because they are no longer necessary with the current technology used in aircraft.
Summary of each proposed change.
Chapter 10 Definitions and Terms: Two amendments are proposed [PDF of rule with proposed amendments]
- Amend the definition of “Aerial Applicator” to allow certification as a private applicator. Currently the rule requires applicators to hold a commercial license which prevents an individual from making applications on their own property. This is required by the new EPA C&T rules, and is in anticipation of potential applications by unmanned aircraft systems.
Chapter 26 Standards for Indoor Application of Pesticides: One amendment is proposed [PDF of rule with proposed amendments]
- Clarify the definition of “occupied buildings” to mean fully enclosed indoor spaces inside buildings and that roofed structures which are otherwise not enclosed are not buildings for the purpose of the rule.
Chapter 27 Standards for Pesticide Applications and Public Notification in Schools: Three amendments are proposed [PDF of rule with proposed amendments]
- Change wording to clarify that all pesticide applications, inside and outside, must be included in the pest management activity log.
Change wording to clarify that applications made to the exterior of buildings are included in the rule.
Add personal insect repellents to the list of products which do not require licensure.
Chapter 28 Notification Provisions for Outdoor Pesticide Applications: One amendment is proposed [PDF of rule with proposed amendments]
- Clarify that the telephone number required on signs must be a working number.
Chapter 31 Certification and Licensing Provisions / Commercial Applicators: Eleven amendments are proposed [PDF of rule with proposed amendments]
- Add requirement for a government-issued photo id for all exams (required by EPA C&T).
- Establish annual training requirements for noncertified applicators of restricted use pesticides (required by EPA C&T).
- Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T).
- Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T).
- Remove section on transitioning to revised licensing and certification requirements since the time frame has passed.
- Update the names of certain categories to align with current exams.
- Remove requirement to collect social security number.
- Change cost of master exams from $50 for both to $10 for Master Regulations exam and $40 for Master Oral exam.
- Remove exemption for those certifying in the Post Harvest Treatment category from having to take the core exam.
- Remove requirements for applicators to receive continuing education credits in specific categories as the Board doesn’t categorize courses this way.
- Remove 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: Six amendments are proposed [PDF of rule with proposed amendments]
- Amend 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.
- Remove option to provide oral exam as EPA C&T no longer allows non-reader accommodations.
- Add supplemental private categories which can be obtained in addition to certification for private licensure: aerial application; soil fumigation; non-soil fumigation (required by EPA C&T).
- Set minimum age for individuals certified as commercial or private applicators (required by EPA C&T).
- Describe tcredentials which will be issued to each applicator verifying certification (required by EPA C&T).
- Add requirement for a government-issued photo id for all exams (required by EPA C&T amendments).
Chapter 50 Reporting Requirements for Applicators and Dealers: One amendment is proposed [PDF of rule with proposed amendments]
- Add 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
Chapter 36 Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program [PDF of rule with proposed amendments]
Repeal of Ch. 36 is proposed. Associated requirements were previously repealed because they are no longer necessary with the current technology used in aircraft.
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