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Home > Weekly Newspaper Notices > July 1, 2009

July 1, 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.



PROPOSALS


AGENCY:  01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT:  Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2009-P147
CONCISE SUMMARY:  The principal reason for this rulemaking is to update producer margins.  SEE INFORMATION AT OUR WEBSITE:  http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  7 MRSA §2954
PUBLIC HEARING:  July 17, 2009, Friday, starting at 1:30 pm, Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS:  July 27, 2009
AGENCY CONTACT PERSON:  Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-7521
E-MAIL:  tim.drake@maine.gov


AGENCY:  01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT:  Ch. 3, Schedule of Minimum Prices Order #08-09
PROPOSED RULE NUMBER: 2009-P148
CONCISE SUMMARY:  The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA Section 2954
SEE INFORMATION AT OUR WEBSITE:  http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §8054 and 7 MRSA, §2954
PUBLIC HEARING:  July 17, 2009, Friday, starting at 1:30 pm, Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS:  July 17, 2009
AGENCY CONTACT PERSON:  Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-7521
E-MAIL:  tim.drake@maine.gov


AGENCY:  13-188 – Department of Marine Resources
RULE TITLE OR SUBJECT:  Ch. 11.09, AtlanticSea Scallop Harvesting Season, and Ch. 11.10(1)(H), Closed Areas
PROPOSED RULE NUMBER: 2009-P149
CONCISE SUMMARY:  The proposed amendments would establish nine scallop conservation closures and a 70-day scallop season divided into two 35-day segments for the 2009-2010 scallop fishing season.  The proposed days “on” would be December 1, 2009 through January 4, 2010 and February 25, 2010 through March 31, 2010 (all dates inclusive).  The Department is accepting comments on changes to the proposed open days provided they do not exceed 70 days, with no dates prior to December 1 and no later than March 31.  The proposed nine closed areas coastwide would sunset after 3 seasons.
RULE TITLE OR SUBJECT:  Ch. 11.10(1)(H)(10), Closed Areas, Whiting Bay and Denny’s Bay Area  and technical amendments:  Ch. 11.19(1)(E), add reference to section (H)(10), Ch. 26.19, add reference to Ch. 11.10(1)(H)(10), Ch. 11.20(1), remove graphic for technical cleanup
PROPOSED RULE NUMBER: 2009-P150
CONCISE SUMMARY:  The proposed amendment would establish a tenth scallop and one urchin conservation closure in Whiting Bay and Denny’s Bay (inner Cobscook Bay area).  The proposed closure would sunset after 2 seasons, May 1, 2011.  Technical changes in Chapters 11 and 26 are also proposed: references to the proposed closure and removal of a chart at the end of Chapter 11. 
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA §6171
AGENCY CONTACT PERSON:  Togue Brawn (207) 624-6558
PUBLIC HEARING:   Mon., July 20, 2009, 6:00pm, Yarmouth Town Hall, Community Rm, 200 Main St, Yarmouth; Tue., July 21, 2009, 6:00pm, UMM, Science Lecture Hall (Rm 102), 9 O’Brien Ave., Machias ; Thur., July 23, 2009, 6:00pm, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth; Fri., July 24, 2009, 6:00pm, State Ferry Terminal, Conf. Rm, 517A Maine St., Rockland
*Public hearings for two proposed rules will be held starting with the proposed season and closed areas, followed by the proposed Whiting and Denny’s Bays closure rules.  The second hearing will be held immediately upon the conclusion of the previous hearing.  See separate rulemaking notice for the rule not listed in this notice.
DEADLINE FOR WRITTEN COMMENTS:  August 3, 2009
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 submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO:  Department of Marine Resources, attn:  L. Churchill, PO Box 8, West Boothbay Harbor, Maine  04575-0008
TELEPHONE:  (207) 633-9584; FAX:  (207) 633-9579; TTY:  (207) 633-9500 (Deaf/Hard of Hearing) If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578
E-MAIL:  laurice.churchill@maine.gov
WEB SITE:  http://www.maine.gov/dmr/rulemaking/


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Ch. 100, Definitions Regulation - Amendments
PROPOSED RULE NUMBER: 2009-P151
CONCISE SUMMARY:  The Department is proposing to amend the definition of volatile organic compound (VOC) to exclude three compounds that were recently “delisted” by the U.S. Environmental Protection Agency (EPA) because they are only negligibly reactive, meaning that they contribute little or nothing to the formation of ozone.  These compounds include:  1,1,1,2,2,3,4,5,5,5,-decaflouro-3-methoxy-4-trflouromethyl-pentane (known as HFE-7300, or L-14787, or C2F5CF(OCH3)CF(CF3)2); dimethyl carbonate; and propylene carbonate.
Copies of this proposal are available upon request by contacting the Agency contact person listed below or on the DEP website at www.state.me.us/dep/air/regulations/proposed.htm
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an opportunity for comment.  Any party interested in providing public comment can provide written comments before the end of the comment period.  Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period.  All comments or requests for a public hearing should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA §585-A
PUBLIC HEARING:  No public hearing is scheduled.  These amendments are being posted to a 30-day comment period.  A public hearing will be held if requested before the close of comments.
DEADLINE FOR COMMENTS:  July 31, 2009
AGENCY CONTACT PERSON:  Jeff Crawford, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-2437; FAX:  (207) 287-7641
E-MAIL:  jeff.s.crawford@maine.gov


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBER: 2009-P152
CONCISE SUMMARY:  The department is proposing to repeal section 3-A, the siting requirements for underground oil storage facilities, of Chapter 691 and incorporate those siting requirements in proposed Chapter 692 governing the siting of both underground and aboveground oil storage facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA §341-D(1-B)
PUBLIC HEARING:  A public hearing is not planned.  A request for a hearing must be in writing, directed to the agency contact person listed below, and received by the comment deadline below.
DEADLINE FOR COMMENTS:  5:00 pm, July 30, 2009.  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.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Jeff Madore, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-7848; FAX:  (207) 287-7826
E-MAIL:  jeff.g.madore@maine.gov


AGENCY:  09-137 – Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT:  Endangered Species
PROPOSED RULE NUMBER: 2009-P153
CONCISE SUMMARY:  The Department of Inland Fisheries and Wildlife has proposed four (4) additional Designations of areas as Essential Habitat for Piping Plover and Least Tern nesting, feeding, and brood rearing.  In addition, the Department is proposing to modify 8.05.C.3 the “Designation Criteria” for Piping Plover and Least Tern Essential Habitat; and 8.05.C.4 the “Interpretation of Essential Habitat Area Boundaries.”
One or more new Piping Plover nesting, feeding, and brood-rearing areas are being designated in the towns of Biddeford, Cape Elizabeth, and Old Orchard Beach.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within areas that require state or local permits, or are funded by, or carried out by, state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat.  Letters of notification and maps of proposed areas have been sent to all known affected landowners.
Modification of 8.05.C.3 the “Designation Criteria” for piping Plover and Least Tern essential habitat would eliminate the criteria for “…record of nesting by at least one pair of Piping Plover or Least Tern since 1986, …”
Modification of 8.05.C.4 the “Interpretation of Essential Habitat Area Boundaries” would incorporate the above Piping Plover nesting, feeding, and brood-rearing areas are being designated in the towns of Biddeford, Cape Elizabeth, and Old Orchard Beach into the section; it would also change the rule to indicate that aerial photographs depicting Piping Plover and Least Tern Essential Habitats are available in all Department offices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA §§10104, 12803, and 12804
PUBLIC HEARING:  July 23, 2009 @ 6:30 pm – Hills Beach Fire Station, 152 Hills Beach Road, Biddeford
DEADLINE FOR COMMENTS:  August 3, 2009
AGENCY CONTACT PERSON:  Written Comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME  04333-0041
FAX:  (207) 287-6395
E-MAIL:  andrea.erskine@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  MaineCare Benefits Manual, Chapter II, Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2009-P154
CONCISE SUMMARY:  The Department of Health and Human Services is proposing changes to Chapter II, Section 80, Pharmacy Services.  The proposed rule edits the definition of the Maine Maximum Allowable Cost as a result of savings initiatives.  The changes will allow Maine to MAC cost of items such as diabetic supplies and Specialty drugs.  This rule also removes language in 80.05-3(b), which states that reimbursement for B-12 for documented pernicious anemia or megaloblastic anemia drugs will be made only for the conditions described and only when the prescriber has written the diagnosis on the prescription.  The Department will no longer cover these medications unless prior authorization is awarded.  Finally, the Department is adding section 80.04-3, Academic Detailing Committee to comply with 22 MRSA §2685.  The Committee members will be appointed by the Department and will provide evidence based education, outreach, improve quality measures and encourage better communication between the Department and health care professionals to reduce health complications and unnecessary cost associated with inappropriate drug prescribing.  The Department also made other structural, administrative, grammatical and clarifying changes within this rulemaking.
SEE http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §42, §3173, and §2685
PUBLIC HEARING:  A public hearing is not being scheduled for this rulemaking unless five or more people request a hearing.
DEADLINE FOR COMMENTS:  Comments must be received by midnight July 30, 2009
AGENCY CONTACT PERSON:  Nicole Rooney, Comprehensive Health Planner, Office of Maine MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TEL:  (207) 287-4460; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  nicole.rooney@maine.gov



ADOPTIONS


AGENCY:  05-071 – Department of Education
CHAPTER NUMBER AND TITLE:  Ch.101, Maine Unified Special Education Regulation Birth to Age Twenty
ADOPTED RULE NUMBER:  2009-259
CONCISE SUMMARY:  This emergency rulemaking makes three different sets of changes to the Maine Unified Special Education Regulation Birth to Age Twenty: 1) pursuant to state legislative action – extended school year and evaluation provisions are being modified, 2) pursuant to the U.S. Department of Education, Office of Special Education Programs, with regard to the Part C (0-2) Program, specific federal language has been added for: comprehensive, multidisciplinary, interagency system; definition of homeless child; implementation of child find for child identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal exposure; transition at age three; early intervention services based upon scientifically based research; assistive technology; and qualified personnel; and 3) pursuant to U.S. Department of Education final regulations for Part B(3-20) a new definition component for parental consent has been added which needs to be in the procedural safeguards.
EFFECTIVE DATE:  June 22, 2009
AGENCY CONTACT PERSON:  Joanne C. Holmes, Department of Education, SHS 23, Augusta, Maine 04333
TELEPHONE:  624-6669
E-MAIL:  jaci.holmes@maine.gov


AGENCY:  06-096-Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 159 Control of Volatile Organic Compounds from Adhesives and Sealants
ADOPTED RULE NUMBER: 2009-260
CONCISE SUMMARY:  The DEP adopted Chapter 159 to address volatile organic compound (VOC) emissions from adhesives, sealants, adhesive primers and sealant primers.  The rule places VOC limits on approximately 40 categories of products and includes work practice requirements for those using the regulated products for compensation. 
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/recentlyadopted.htm
EFFECTIVE DATE: June 24, 2009
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 SHS, Augusta, ME   04333
TELEPHONE:   207-287-2437
E-MAIL: andrea.lani@maine.gov


AGENCY: 06-096- Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 125 Perchloroethylene Dry Cleaner Regulation
ADOPTED RULE NUMBER: 2009-261
CONCISE SUMMARY:  The Department of Environmental Protection has adopted amendments to the Perchloroethylene Dry Cleaner Regulation that will prohibit the installation of new dry cleaners in a building co-located with a residence or a facility inhabited by children or the elderly; require that co-located dry cleaners cease operations on December 21, 2020; require all drycleaners to inspect equipment weekly with a gas analyzer; and limit to fifteen days the amount of time dry cleaning equipment can operate while awaiting repairs.
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/recentlyadopted.htm
EFFECTIVE DATE: June 24, 2009
AGENCY CONTACT PERSON:  Andrea Lani, Department of Environmental Protection, 17 SHS, Augusta, ME   04333
TELEPHONE:  (207) 287-2437
E-MAIL: andrea.lani@maine.gov


AGENCY: 10-144-Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch.301, Food Supplement Program Rule #166A – The American Recovery and Reinvestment Act of 2009: Increase
 in Minimum/Maximum Allotments and Lifting ABAWD Participation Limits.
ADOPTED RULE NUMBER: 2009-262
CONCISE SUMMARY: This rule proposes the following changes to comply with Federal Law; a. Increases the minimum Food Supplement Program benefit from $14 to $16; b. Increase maximum benefits by 13.6%, rounded to the nearest whole dollar; and c. Removes the program participation time limit for Able-bodied Adults without Dependents (ABAWD). This Rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE: June 27, 2009
AGENCY CONTACT PERSON: Karen Curtis, Program Manager, Food Supplement Program, Department of Health and Human Services, Office of Integrated Access and Support, 11 SHS, 442 Civic Center Drive, Augusta, ME 04333-0011
TELEPHONE:  (207)287-7118
E-MAIL: karen.l.curtis@maine.gov


AGENCY: 65-407-Public Utilities Commission
CHAPTER NUMBER AND TITLE:  Ch. 815, Standards for the Provision of Service, Billing, Credit and Collection, Termination of Service, and Customer Information for Electric and Gas Transmission and Distribution Utilities
ADOPTED RULE NUMBER: 2009-263
CONCISE SUMMARY: The Commission adopts amendments to Chapter 815. Chapter 815 became effective on April 16, 2008, and established standards for the provision of service, billing, credit and collection, and termination of service for residential and non-residential customers of electric and gas transmission and distribution utilities. These amendments make corrections and additions found necessary after the rule went into effect.
EFFECTIVE DATE: June 28, 2009
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE:   287-3831
E-MAIL: paula.cyr@maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-09
ADOPTED RULE NUMBER: 2009-264
CONCISE SUMMARY: Minimum July 2009 Class I price is $13.51/cwt. plus $1.66/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $6.28/cwt. handling fee for a total of $23.18/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: June 28, 2009
AGENCY CONTACT PERSON:  Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: tim.drake@maine.gov


AGENCY: 10-144-Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapter II, Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2009-265
CONCISE SUMMARY:  The adopted rules reflect changes to repeal and replace Section 60 in order to clarify the policy and to achieve legislatively mandated cost savings.  Proposed changes include new language under Limitations, additional prior authorization requirements, and new language to clarify that items procured under a contract with the Department must be purchased, billed and reimbursed according to the terms of the contract.  This Section has been totally replaced due to extensive formatting changes, including a thorough restructuring of the Appendix. 
Changes made to the Section 60 proposed rule based on the State budget include:  increasing the markup of the acquisition cost of DME to 40% from 30%, and DME providers must deduct any prompt payment discounts when determining the acquisition cost of DME.  Several additional changes were made to clarify the Section 60 proposed rule due to comments received and legal review, such as; sleep studies for CPAP and Bi-Pap done within the last three (3) years will be accepted; limits for incontinent supplies for members under 21 were removed; and the time to obtain a written prescription for a Power Mobility Device was changed to 45 days.
The adopted rule does not impose an economic burden on municipalities or counties.  The adopted rules are not expected to increase reporting, record keeping, or other administrative costs or skills necessary for reporting or recording for small businesses. 
See:  http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE:   July 1, 2009
AGENCY CONTACT PERSON:  Darrell S. Wood, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207)-287-6348, FAX: (207) 287-9369 TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)
E-MAIL: darrell.s.wood@maine.gov


AGENCY:  06-096 – Department of Environmental Protection; 94-376 –Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE:  Ch. 595, State Revolving Fund
ADOPTED RULE NUMBER:  2009-266
CONCISE SUMMARY:  The federal government is providing stimulus money to the Clean Water State Revolving Fund (SRF) in order to create construction jobs to build infrastructure projects.  The legislation may allow funding incentives such as 0% interest loans or principal forgiveness in order to move projects quickly to construction.  Chapter 595 currently does not have flexibility to make loans of this nature.  This rules change allows the SRF to make loans at or below 0% and allow principal forgiveness.  The current rules also allow the interest rate to be reduced to accommodate fees so there will be no increase in cost to the borrowers.  However, at 0% interest, there is no ability to reduce the interest rate to accommodate fees.  This rule change allows fees to be charged even with a 0% interest rate or principal forgiveness.  Finally, references to a federal regulation that no longer apply to the SRF are deleted and other minor corrections are made.
NOTE:  The same amendments as were adopted in this rulemaking were previously adopted through an emergency rulemaking, and in effect for a 90 day period beginning April 7, 2009.
EFFECTIVE DATE:  July 6, 2009
AGENCY CONTACT PERSONS:  Steve McLaughlin, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TEL:  (207) 287-7768
E-MAIL:  steve.a.mclaughlin@maine.gov
Karen Asselin, Maine Municipal Bond Bank, PO Box 2268, Augusta, ME 04338-2268
TEL:  (207) 622-9386
E-MAIL: kla@mainebondbank.com