AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law, Section 10: Control of Noise, Sound Level Limits and Measurements for Wind Turbine Projects
PROPOSED RULE NUMBER: 2011-P53
CONTACT PERSON FOR THIS FILING: James Cassida, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 592-1864. Fax: (207) 287-7826. E-mail: James.Cassida@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING: Thursday, July 7, 2011 beginning at 8:30 a.m. at the Augusta Civic Center, 76 Community Drive, Augusta, Maine. The morning will be allocated primarily to receiving expert testimony on the technical aspects of the proposed rule. The afternoon will be allocated primarily to receiving testimony from the interested public on the proposed rule. The proposed rule is available on the Board’s webpage at http://www.maine.gov/dep/bep/index.htm . The hearing is on the proposed noise rule, not on particular wind power developments.
Given the highly technical nature of some aspects of the proposed rule, the Board encourages persons to file technical information in advance of the hearing and to be present at the hearing to address questions from the Board on the substance of their filing. All testimony filed with the Board prior to Wednesday, June 22, 2011 will be posted on the Board’s webpage at http://www.maine.gov/dep/bep/index.htm by Friday, June 24, 2011 for review by interested persons prior to the hearing.
COMMENT DEADLINE: The deadline for comment on the petitioners’ proposed rule is 5:00 p.m. on Monday, July 18, 2011. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: The Maine Administrative Procedure Act, 5 MRSA §8055(3), states: “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”
The citizen petition seeks to amend Ch. 375, Section 10 Control of Noise by including a new subsection entitled “Sound Level Limits and Measurements for Wind Turbine Projects”. The citizen petition proposes to amendment the Department rule to establish noise standards specific to wind energy developments including: (1) predictive modeling requirements; (2) maximum sound limits for nighttime operations; (3) Short-term Duration Repetitive Sounds (SDRS); (4) noise easements; (5) post-construction compliance requirements; and (6) noise complaint response.
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §8055(3) and 38 MRSA §341-D(1-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .
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