Chapter 580 - REGULATIONS RELATING TO SAMPLING PROCEDURES AND ANALYTIC PROCEDURES

SUMMARY: This rule establishes standards whereby all sampling and analysis will be performed according to accepted technical procedures for chemical and biological analysis.

BASIS STATEMENT

In order to maintain an established, standard sampling and analysis program for chemical and biological samples and to provide quality control and continuity among data from which a variety of decisions will be made, methods for sampling and analysis are specified.

Paragraphs 2 and 3 were added to document sampling and analytical methods to be used to implement bacteriological criteria contained in Maine's new Water Classification Program ( 38 MRSA Section465 ). One comment received was a request to add a phrase "or as superseded by USEPA approved procedures" after "Procedure" in paragraph 2. This has been done.

Substantial comment was received about paragraph 6, Bioassay Procedures, although this regulation has been in existence since 1977 and had not been proposed to be changed at this time. Comments centered on the fact the regulation is broadly written and refers to no specific document. Further comment was that the document DEP proposed to reference, Maine's Toxic Pollution Control Strategy (TPCS) was not complete and had not gone through rulemaking. DEP agrees and will rewrite the TPCS to be comprehensive in controlling the discharge of toxic pollutants and subject to future rulemaking. The new regulation will include bioassay methods; therefore no changes will be made at this time.

Other comments, related to paragraph 7, Biomonitoring Methods, were that there has been no public or peer review of these methods. On the contrary these methods were presented to the public at a public meeting on September 30, 1985. Furthermore the Biomonitoring Methods have received peer review at the 1987 North American Benthological Society Annual Meeting and at EPA's Biocriteria Workshop (December 1987) and National Symposium on Water Quality Assessment (June 1988). Most importantly the methods have been available for public comment throughout this rulemaking in accordance with 38 MRSA §464.5.

Another comment was that the Biomonitoring Methods, as the principal means of determining whether or not a discharge would affect a stream or river's classification are inappropriate since they are after-the-fact methods. In this argument the premise is wrong; DEP uses EPA numerical or site specific criteria to develop license limits to ensure the classification standards for aquatic life are met, whereas biomonitoring is intended to be an ambient monitoring tool to determine if the classification standards for aquatic life are actually being met.

Some felt that these procedures did not protect human health from bioconcentration of toxics in edible fish, and suggested an addition to these regulations, including requirements that fish tissue residue data be supplied by the licensee before or within one year after relicensing. DEP feels the concept has merit but notes this rule was intended to deal only with the narrow issue of impacts on aquatic organisms. The human health issue is an important one requiring coordination with the Department of Human Services and will be subject to future rulemaking.