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Home > Weekly Newspaper Notices > May 27, 2009

May 27, 2009

As posted in 5 daily Maine newspapers

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:


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Ch. 131 – Cutback and Emulsified Asphalt
CONCISE SUMMARY:  The Department is proposing amendments that prohibit the use of cutback asphalt and limit the use of emulsified asphalt to that which contains not more than 6.0 ml of oil distillate for all asphalt paving operations and maintenance activities annually from May 1 through September 15.  These amendments are intended to reduce the volatile organic compound (VOC) emissions from paving and maintenance operations, which contribute to the formation of ground-level ozone.  The Department believes there are compliant alternatives available that have a negligible fiscal impact on municipalities and other users for various applications.  Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment.  Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period.  All comments should be sent to the Agency contact person.
PUBLIC HEARING:  June 18, 2009, 9:00 am, Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: June 30, 2009, 5:00 pm
AGENCY CONTACT PERSON:  Carolyn Wheeler, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 287-2437; FAX:  (207) 287-7641

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Land and Water Quality
RULE TITLE OR SUBJECT: Ch. 583, Nutrient Criteria for Fresh Surface Waters.
CONCISE SUMMARY:  This chapter establishes numeric criteria for phosphorus and ecological responses of nutrient enrichment for Class AA, A, B, C, and GPA surface waters of the State.  The rule will establish some new numeric criteria for interpreting existing water quality standards and a decision framework for making decisions about attainment of classification and water quality standards. 
Municipalities are currently fiscally impacted if 1) they have a license or permit for an activity related to water quality, 2) an impairment of water quality is documented, and 3) the municipality must take corrective actions.  This rule will not change the status quo, but could possibly lead to the identification of additional water quality impairments.   
STATUTORY AUTHORITY:  38 MRSA §§341-D(1-B) and 464(5)
PUBLIC HEARING:  June 18, 2009, 9:30 am, Holiday Inn/Ground Round, 110 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: July 31, 2009, 5:00 pm.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Tom Danielson, Department of Environmental Protection, 17 State House Station, Augusta, ME  04333-0017
TELEPHONE:  (207) 287-7728
Comments may be submitted by mail to the Agency Contact at the address above, by fax to Tom Danielson at (207) 287-7826 or by e-mail to .  To ensure consideration, comments must include your name and the organization you represent, if any.  Please be aware that any risk of non-delivery associated with submission by fax or e-mail is on the sender.  The proposed ‘draft rule’ is available for review or download on the Department’s web-site at the following address:

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Chapter 55.90, Menhaden Pilot Program
PROPOSED RULE NUMBER: 2009-P125                         
CONCISE SUMMARY: A pilot project is proposed that would limit the take and possession of Atlantic menhaden in three areas in Southern Maine.  The largest area would be shoreward from Cape Elizabeth to Small Point; and two smaller areas would be shoreward from Bald Head Cliff to Cape Arundel and Biddeford Pool to Cape Elizabeth.  In all areas menhaden harvester vessels would be limited to 50 feet; carrier vessels greater than 70 feet would have their holds measured, marked at a maximum 250,000 lb capacity and sealed; in the two smaller areas the daily catch limit would be 250,000 lb per harvester and carrier vessels; and in the larger area the daily catch limit would be 250,000 lb per carrier vessels only.  This rule would sunset June 1, 2010 and the Commissioner would have the authority to waive all of these rules in the event of a potential fish kill.
RULE TITLE OR SUBJECT: Chapter 41.05, Territorial Waters Trawl Prohibition
PROPOSED RULE NUMBER: 2009-P126                         
CONCISE SUMMARY: The proposed regulations would prohibit the use of any otter, beam or mid-water trawl net on a vessel, or used by a vessel fishing in Maine's territorial waters to fish for or take Atlantic menhaden.  This measure would provide consistency with rules already in effect for groundfish and herring.
AGENCY CONTACT PERSON: Lt. Jon Cornish (207) 633-9595
PUBLIC HEARINGS: June 16, 2009, 6:00 pm, Scarborough Municipal Building, Chamber A, 259 Route 1, Scarborough; June 18, 2009, 6:00pm, Yarmouth Town Hall, Community Room, 200 Main Street, Yarmouth
The public hearings for two proposed rules will be held the order starting with the rules proposed in Chapter 55.90, followed by Chapter 41.  The second hearing will be held immediately upon the conclusion of the previous hearing.
To ensure consideration, comments must include your name and the organization you represent, if any.  Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender. 
MAIL WRITTEN COMMENTS TO AGENCY RULE-MAKING LIAISON: DMR, attn L. Churchill, PO Box 8, West Boothbay Harbor ME  04575-0008
FAX: (207) 633-9579; TTY: (207) 633-9500 (Deaf/Hard of Hearing) Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.


AGENCY:  06-096 – Department of Environmental Protection  
CHAPTER NUMBER AND TITLE:  Ch. 127, New Motor Vehicle Emission Standards
CONCISE SUMMARY: The purpose of this rulemaking is to adopt the amendments to the Low Emission Vehicle Program (LEV) approved by the California Air Resources Board.  Maine adopted these amendments in accordance with Section 177 of the Clean Air Act Amendments to remain identical with California’s new vehicle emission standards.  The amendments to Chapter 127 include changes to the Zero Emission Vehicle (ZEV) program to require commercialization of pure ZEV technologies while recognizing the technological limitations and costs of current vehicles.  Other amendments include adopting California’s performance labeling which scores a vehicle’s global warming and smog emissions; and includes adopting California’s new in-use vehicle requirements for 2008 and subsequent model year heavy-duty diesel engines.  A copy of this rule is available upon request by contacting the Agency contact person listed below or on the DEP website at
EFFECTIVE DATE:  May 20, 2009
AGENCY CONTACT PERSON:  Lynne Cayting, Department of Environmental Protection, 17 State House Station, Augusta, ME  04333-0017
TELEPHONE:  (207) 287-7599

AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 45, Hospital Services
CONCISE SUMMARY:  This adopted rule adjusts hospital reimbursement methodology.  Chapter III, Section 45 clarifies and revises reporting requirements and defines the MaineCare Supplemental Data Form, and clarifies that crossover payments are made to the extent required by CMS.  Chapter III also increases the supplemental pool to be distributed among non-critical access hospitals from approximately $36 to $45 million and counts 50% of the psychiatric discharges when distributing the pool; increases the pool for the critical access hospital from $2 to $3.5 million; increases the PIP cap to approximately 81%;  creates a separate section for Hospitals Reclassified to a Wage Area Outside Maine by the Medicare Geographic Classification Review Board and limits reimbursement under that section to hospitals reclassified prior to the effective date of the rule; revises sections 45.03, 45.04, 45.05 and 45.06  to separate the calculation of the PIP from the calculation of the Department's obligation at settlement; establishes base discharge rates for acute care non-critical access hospitals (Franklin Memorial hospital services rate was changed due to a revision made to the base year report); and removes outdated material.  Several provisions have a retroactive effective date of 10/1/08.  Pursuant to 22 M.R.S.A. § 42(8), the Department is authorized to adopt rules with retroactive application when, as here, it is necessary to maximize available revenue sources and there is no adverse financial impact on any MaineCare provider or member.
These rules permanently adopt emergency rules, effective February 21, 2009, that reduce hospital-based physician reimbursement to 46.21% of costs, which is the closest to 70% of the Medicare fee schedule that the Department could fund with the resources used for physician reimbursement, as adjusted by the Supplemental Budget, which reduced reimbursement by $1,947,490 of state dollars.  A percentage of costs is being used to calculate 70% of the Medicare fee schedule absent claims-based data.  Prospective Interim Payments (PIP) will be lowered in an amount corresponding to the anticipated hospital-based physician payment reimbursements, which are paid separately and not paid as part of PIP.  Permanent adoption of this methodology change will be contingent upon approval by the U.S. Centers for Medicare and Medicaid Services (CMS).
Two proposed changes were withdrawn as a result of comments and legislative action.  The provision for hospitals to report professional services on a CMS 1500 form separate from facility fees was withdrawn due to a moratorium enacted by Congress.  Also, the reimbursement of non-emergency room hospital-based physicians at 70% of the Medicare fee schedule was withdrawn due to contrary pending legislation in the 1st session of the 124th Legislature.  Two links were updated in Chapter II, Section 45.11 and Section 45.12.
This rulemaking does not adversely impact counties or municipalities, and it does not adversely impact small businesses of twenty (20) or fewer employees because the service affected by the rate reduction is not provided by small businesses.
See for rules and related rulemaking documents.
EFFECTIVE DATE:  May 23, 2009
AGENCY CONTACT PERSON:  Robert Kohl, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-6124; FAX: (207) 287-9369; TTY: 1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)

AGENCY:  02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE:  Ch. 745, Individual Health Insurance Pilot Projects for Persons Under 30 Years of Age
CONCISE SUMMARY:  This rule is required by 24-A MRSA § 2736-C(10), as enacted by 2008 Public Law 629, Part I.  The purpose of this Rule is to establish procedures and policies pursuant to 24-A MRSA § 2736(C)(10) for submitting a pilot project proposal to provide health insurance coverage to persons under 30 years of age, to establish minimum requirements for approval of a pilot project, and to establish requirements for minimum benefits.
EFFECTIVE DATE:  May 26, 2009
AGENCY CONTACT PERSON:  Pat Galouch, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 624-8437