Part 201 Proposed Guidelines

Update: January 16, 2003: MDEQ is proceeding to withdraw these Guidelines. 

According to a letter from from MDEQ Director Chester to ORR and JCAR): 

"...the guidelines would limit the DEQ's discretion in enforcing Part 201.  It is also my
understanding that staff in the Attorney General's office have expressed reservations about restricting the enforcement discretion of the DEQ as proposed in the guidelines and have questioned whether the proposed guidelines are consistent with Part 201.  Moreover, given the current financial situation of both the state and the DEQ, I must seriously evaluate any limitations on enforcement discretion and the state's
ability to recover response activity costs from liable parties. Therefore, I need additional time to give this matter appropriate consideration and to determine whether these or any other guidelines on this subject should be adopted by the DEQ." 
(click her for the complete January 13, 2003, withdrawal letter to JCAR)

Jan. 6: As required by Section 24 of the Administrative Procedures Act MDEQ is providing notice of its intent to adopt guidelines that will provide direction to staff on the implementation of the new Part 201 rules. The proposed guidelines cover the following subjects: Demands for Additional Response Activity Subsequent to a Complete Response Activity; Matters not Addressed by the Definition of "Complete"; and Implementation of the 2002 Administrative Rules. According to a public notice comments must be submitted in writing by 5 PM on February 6, and the proposed effective date is March 6, 2003.

• Part 201 Notice Of Intent To Adopt Guidelines (click here)
• Part 201 Proposed 6-Page Guidelines (click here)
• Link to the new Part 201 Rules (click here)