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May 31, 2023

History of Maine Board of Environmental Protection and predecessors, 1940 to 1997

 While I have only been before the Maine Board of Environmental Protection since the early 1990s, the BEP has evolved under several earlier names since the 1940s

History / Board of Environmental Protection

 The Maine Board of Environmental Protection has been in existence in one form or another since the 1940's. In its earliest form, the Board focused on wastewater issues and its membership consisted of representatives from state agencies who had specific technical expertise. Over time, there has been a shift from technical members representing state agencies to non-technical members representing the general public. The scope of the Board's mandate has expanded along with our environmental laws from wastewater issues to all aspects of environmental regulation.

The structure and function of the Board and its role within the Department of Environmental Protection has been periodically reviewed by the Legislature.

In 1982 the Trafton Commission recommended several changes in the Board including:

--- A reduction in the size of the Board
--- Greater technical expertise for Board members,
--- Board jurisdiction to be limited to appeals of DEP Commissioner decisions, and
--- Removal of the DEP Commissioner as a voting member of the Board.

 The only recommendation implemented by the Legislature in 1983 was the removal of the Commissioner as a member of the Board. The Board continued to have oversight of all environmental permits, violations and rule-making initiatives.


In 1989 the legislature formed a sub-committee to evaluate the Board. This evaluation resulted in LD2214, An Act to Clarify the Role of the Board of Environmental Protection. This law made significant changes in the allocation of responsibilities between the Board and the Commissioner.

The Commissioner would issue all permits and licenses except those of "significant" applications which would be referred to the Board for consideration and decision;

Several categories of applications, such as those for hazardous waste management facilities, would automatically remain with the Board;

 

The Board would hear appeals of Commissioner decisions, except those for petroleum cleanup reimbursement cases, which are heard by the Fund Insurance Review Board;

The Board would continue to do all rulemaking.

 

In 1997 the Joint Standing Committee on Natural Resources appointed   a subcommittee to study the operation of, and staff support for, the Board of Environmental Protection. The Board responded to the subcommittee requests through the 1997 Evaluation Report and the Supplemental Report for 1998. The findings of this Committee resulted in LD 2547, which established the position of Executive Analyst. There were no changes in the Board's role or authority.

An overview of the Board's purpose and operation can be found by clicking on key word "purpose".

May 16, 2023

Coastal fogs and the mercury they can carry within them

Dimethyl Mercury converts to Monomethyl Mercury at low pH. Fog is acidic and the hydrous coating on marine aersosols can be very acidic. Low pH in Fog or on the acidic hydrous coating on marine aersosols can turn Dimethyl Mercury into Monomethyl Mercury. 

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The biology of fog: results from coastal Maine and Namib Desert reveal common drivers of fog microbial composition





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Dimethylmercury in Seawater:A Potential Source of Monomethylmercury in Fog

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Fog chemistry at the new england coast: Influence of air mass history (abstract) O.Klemm*A.S.Bachmeier†R.W.Talbot‡K.I.Klemm


"During the spring, summer and fall seasons of 1990, we sampled fog at a coastal location in New England for chemical analysis...



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Mercury in fog on the Bay of Fundy (Canada)

Abstract Mercury concentrations in fog water, collected during the summer of 2003, were found to vary along a geospatial gradient from Grand Manan (an island at the mouth of the Bay of Fundy, with Hg levels 42–435 ng l−1), the main coastline of New Brunswick at Point Lepreau (2–33 ng l−1), to an inland location in Fredericton, Canada (3.5 ng l−1). 
Hg concentrations were higher during days when air masses were stationary and fog conditions were extended over several days. High concentrations on Grand Manan were most likely due to continued atmospheric deposition of Hg into fog banks of long duration, high air turbulence along the steep 100 m cliffs, and decreasing droplet size with increasing air temperature during the course of the day. We found that fog Hg deposition was about 0.4–7.5% of wet Hg deposition along the coastal area, whereas on Grand Manan Island, fog Hg deposition from was 31–74% of wet Hg deposition.


the variability of the
data, resulting in a synoptic time series spanning over three decades from 1982 to 2014. Benthic
temperatures increased throughout the domain, including in the Gulf of Maine. Rates of benthic warming
ranged from 0.1 to 0.48C per decade, with fastest rates occurring in shallow, nearshore regions and on
Georges Bank, the latter exceeding rates observed in the surface. Rates of benthic warming were up to 1.6
times faster in winter than the rest of the year in many regions, with important implications for disease
occurrence and energetics of overwintering species. Drivers of warming varied over the domain. In southern
New England and the mid-Atlantic shallow Shelf regions, benthic warming was tightly coupled to changes
in SST, whereas both regional and basin-scale changes in ocean circulation affect temperatures in the Gulf
of Maine, the Continental Shelf, and Georges Banks. These results highlight data gaps, the current feasibility
of prediction from remotely sensed variables, and the need for improved understanding on how climate
may affect seasonally specific ecological processes.

May 11, 2023

Bill to exempt ocean windfarm landbased facilities from scenic and environmental laws. Audio mp3s.

On May 10, 2023 the Maine Legislature's  Environment & Natural Resources Committee  took testimony on LD 1847;  a bill to make  coastal development related to offshore windpower production IMMUNE to Maine's scenic beauty limits or laws.   There were no opponents from the public. Though some skepticism among legislators.    
WARNING: it is full of comical BS on why Sears Island, Searsport, is, alas, the only place on the Maine coast where a "wind terminal" could possibly go, to service windfarm development....off Portland!

LISTEN TO

Bill Introduction Chip Curry  and  QA 6min26sec

Testimony on  LD 1847 from DEP Commissioner Melanie Loyzim 5min

QA  of Commissioner Melanie Loyzim 4min 40sec

Beth Ahearn, Me Conservation Voters & QA 6min45sec

Ben Lucas Chamber of Commerce & QA  7min 11sec

Full Public Hearing on LD 1847_30min

The specific purposes for Maine DEP and Maine LUPC

Key changes to laws that LD 1847 proposes, for shielding this industry is excluding the statement that..."determination that an offshore wind terminal fits harmoniously into the existing natural environment in terms of potential effects on scenic or natural character and existing uses related to scenic character is required for approval..."

The bill would do this two ways :
* Allow developers before the Land Use Planning Commission to ignore Title 12, section 685-B, subsection 4, paragraph C.: "Adequate provision has been made for fitting the proposal harmoniously into the existing natural environment"
 
* Allow developers before Maine Dept of Environmental Protection to ignore Title 38, section 484, (Site Law) subsection 3. (No adverse effect on the Natural Environment):
"The developer has made adequate provision for fitting the development harmoniously into the existing natural environment and that the development will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities."