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Home > Weekly Newspaper Notices > January 21, 2009

January 21, 2009

As posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 150, Control of Emissions from Outdoor Wood Boilers
PROPOSED RULE NUMBER: 2008-P244 (reopened)
CONCISE SUMMARY: On October 16, 2008, the Board of Environmental Protection held a public hearing on proposed amendments to Chapter 150, incorporating standards for outdoor pellet boilers. The written comment period closed October 27, 2008. Based on comments received, the Department is proposing a new particulate emission setback standard for outdoor pellet boilers, and clarification that outdoor pellet boilers that do not achieve that standard are subject to the existing setback limits for outdoor wood boilers. The Department is proposing reduced setback and stack height for outdoor pellet boilers meeting a 0.06 lbs/MMBtu heat output emissions limit. The proposed particulate emission standard is for determining a reduced setback and stack height only, and is not a standard for controlling or limiting the sale of outdoor pellet boilers. The Department is especially interested in comment on the 0.06 lbs/MMBtu heat output emissions limit, and whether an alternative emission limit is more appropriate.
The Department is also requesting comment on a proposal to establish the same reduced setback and stack height requirements for outdoor wood boilers meeting the same 0.06 lbs/MMBTU heat output emission limit. The proposed particulate emission standard is for determining a reduced setback and stack height only, and is not a standard for controlling or limiting the sale of outdoor wood boilers.
These amendments to sections 3B(4) and 3C(4) of the rule are substantially different from the Department’s previous proposal, which was the subject of the public hearing, and require a 30-day comment period to give the public an opportunity to comment. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed change in the draft rule and be provided an opportunity for comment. Any party interested in providing written comment must do so before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §585-A, §610-B and §610-C
PUBLIC HEARING: No public hearing, 30-day comment period only
DEADLINE FOR COMMENTS: February 20, 2009 5:00 p.m.
AGENCY CONTACT PERSON FOR THIS FILING: Ron Severance, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641
E-MAIL: Ronald.W.Severance@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 10-144 - Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Subsurface Wastewater Program
RULE TITLE OR SUBJECT: Ch. 241, Maine Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2008-P342 (reopened)
CONCISE SUMMARY: As part of the consensus-based rulemaking process, the Subsurface Wastewater Program solicited proposed changes from an outside task force made up of site evaluators, state regulatory officials, local plumbing inspectors, system installers, system inspectors, septic pumpers, equipment suppliers and equipment manufacturers. The majority of changes are intended to simplify the application and enforcement of the rules, improve readability, and clarify intent. The Subsurface Wastewater Program is currently re-opening the comment period, in response to drinking water stakeholders opposed to particular sections of the proposed rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42(1), (3), (3-A), & (3-B)
PUBLIC MEETING/HEARING: Maine Water Utilities Association Water Resources Committee Meeting, January 29, 2009 9:30 a.m. to 12:00 at the Kennebec Water District Treatment Plant, Vassalboro, Maine
DEADLINE FOR COMMENTS: February 9, 2009
AGENCY CONTACT PERSON AND RULE-MAKING LIAISON FOR THIS PROGRAM: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287-5550
E-MAIL: Tera.Pare@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2009
PROPOSED RULE NUMBER: 2009-P2
CONCISE SUMMARY: The rule fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2009 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §576
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: March 6, 2009
CONTACT PERSON FOR THIS FILING AND SMALL BUSINESS IMPACT INFORMATION, IF ANY: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
FAX: (207) 287-3294
E-MAIL: John.W.Sagaser@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 12-597 - Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 2, Competitive Skills Scholarship Program, Sections 3 and 6
PROPOSED RULE NUMBER: 2009-P3
CONCISE SUMMARY: The proposed changes to the rule respond to the overwhelming demand for CSSP. They propose to change the application process to one that takes all applications during a defined time period, screens for initial eligibility, then randomly selects among those initially eligible applicants according to the number of spaces available in the program. The proposed changes also eliminate the use of auto repair funds for vehicle purchase and reduce the financial limit for the purchase of a computer. For new enrollees, the proposed rule would reduce by half the amount of the stipend available to part-time participants and would limit to two the number of people per household eligible for the stipend.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2007 ch. 352, codified at 26 MRSA ch. 25, subchapter 5.
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: February 24, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Auta Main, Maine Department of Labor, Bureau of Employment Services, 55 State House Station, Augusta, ME 04330.
TELEPHONE: (207) 623-7975
E-MAIL: Auta.M.Main@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05(H), Moose Permit Auction
PROPOSED RULE NUMBER: 2009-P4
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rules pertaining to the moose permit auction; specifically, the deadline for accepting bids. Currently the deadline is the last day of March which is being changed to February 15th. This change will enable the Department to collect and disburse the funds to the organizations administering the conservation/education programs for youth.
STATUTORY AUTHORITY: 12 MRSA §11154, sub-§ 11, Paragraph I
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05(K), Moose (Open and Closed Season)
PROPOSED RULE NUMBER: 2009-P5
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt a rule providing for a controlled moose hunt in designated areas in Aroostook County that will be open to the hunting of moose by permit only (special landowner/guide lottery) during a specified period between August 15 and December 31, 2009. The Department will determine the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this proposal is to lower moose numbers in specific areas where they are causing damage.
A detailed copy of the rule may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 11551
RULE TITLE OR SUBJECT: Ch. 5, Wildlife Management Areas
PROPOSED RULE NUMBER: 2009-P6
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend the fee structure for day visits and camping at the Steve Powell Wildlife Management Area (Swan Island), as well as make other amendments to expand some recreational opportunities on the Island. The proposed rule seeks to enhance both public use of Swan Island and the generation of operating funds by 1] lengthening the season of operation by two months; 2] lengthening daily operations from sunrise to sunset; 3] adopting an updated fee schedule; 4] providing for the designation of additional camp sites; and 5] expanding the number of visitors to more than 60.
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12701
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: February 20, 2009
CONTACT PERSON FOR THESE FILINGS AND SMALL BUSINESS IMPACT INFORMATION, IF ANY: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL FOR THESE FILINGS / OVERALL AGENCY RULE-MAKING LIAISON: Andrea.Erskine@Maine.gov


ADOPTIONS



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.04(C)(1), Moose Hunting: Permits
ADOPTED RULE NUMBER: 2009-25
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose permits to be issued for the 2009 moose hunting season. Permits will be issued for bulls and antlerless moose in each of the WMDs with permit allocations. In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will open on Monday following the close of the bear baiting season and remain open for 6 days. In WMDs 1, 2, 3 ,4, 5, 6,7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 27 and 28 the season begins on the second Monday of October and remains open for 6 days. Permits are allocated according to Wildlife Management District as follows:

WMD 1 - 120 bulls / 20 antlerless
WMD 2 - 95 bulls
WMD 3 - 225 bulls / 230 antlerless
WMD 4 - 255 bulls
WMD 5 - 125 bulls
WMD 6 - 220 bulls / 280 antlerless
WMD 7 - 125 bulls
WMD 8 - 235 bulls
WMD 9 - 50 bulls
WMD 10 - 100 bulls / 10 antlerless
WMD 11 - 160 bulls / 120 antlerless
WMD 12 - 35 bulls / 20 antlerless
WMD 13 - 35 bulls / 10 antlerless
WMD 14 - 35 bulls
WMD 15 - 25 any-moose*
WMD 16 - 20 any-moose*
WMD 17 - 30 bulls / 30 antlerless
WMD 18 - 80 bulls / 20 antlerless
WMD 19 - 90 bulls / 20 antlerless
WMD 23 - 45 any-moose*
WMD 26 - 45 any-moose*
WMD 27 - 25 bulls / 5 antlerless
WMD 28 - 60 bulls / 15 antlerless
  TOTAL: 2,100 bulls / 780 antlerless / 135 any-moose
EFFECTIVE DATE: January 17, 2009
CONTACT PERSON FOR THESE FILINGS AND SMALL BUSINESS IMPACT INFORMATION, IF ANY: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL FOR THESE FILINGS / OVERALL AGENCY RULE-MAKING LIAISON: Andrea.Erskine@Maine.gov