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Home > Weekly Notices > April 14, 2010

April 14, 2010

WEEKLY NOTICES 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: 04-061 - Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Amendment of Appendix F, Expedited Wind Energy Development Area Designation (comment deadline extension)
PROPOSED RULE NUMBER: 2009-P328 (originally published November 25, 2009)
CONTACT PERSON FOR THIS FILING: Marcia Spencer Famous, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. E-mail: Marcia.Spencer-Famous@Maine.gov . Telephone: (207) 287-2631
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
PUBLIC HEARING WERE HELD AS FOLLOWS:
Part I - December 16, 2009, at the Senator Inn, Augusta, ME.
Part II - March 17, 2010, at Sugarloaf Inn, Carrabassett Valley.
COMMENT DEADLINE: The time period for submitting written comments following the close of Part II of the hearing is being extended for a period of 30 days to April 28, 2010, followed by a 7 day rebuttal period ending on May 5, 2010, at which time the record for the rulemaking will close.
BRIEF SUMMARY: On July 1, 2009, TransCanada Maine Wind Development, Inc. petitioned the Land Use Regulation Commission to expand the expedited wind energy permitting area by adding a parcel of land located in Chain of Ponds Township, Franklin County.
Additional information, including the longer, more detailed notice of the Notice of Agency Rulemaking published on November 25, 2009, and the text of the proposed rule, may be obtained by contacting Marcia Spencer-Famous or by visiting the Commission’s web site at: http://www.maine.gov/doc/lurc/projects/Transcanada/Transcanada.shtml
Written comments addressing the statutory criteria, the Guidance Document, and the petition, including data, views or arguments, may be submitted by US Postal Service Mail to “LURC, 22 State House Station, Augusta, ME 04330” or by email to lurc@maine.gov (include in subject line “TransCanada”) for consideration by the Commission.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA, §§ 684; 685-A(7-A), (13); 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 660 (New), Consumer Protection Standards for Water Utilities (also repeals Ch. 81 and 86)
PROPOSED RULE NUMBER: 2010-P70 thru P72
CONCISE SUMMARY: In this notice of rulemaking, the Commission proposes a new Ch. 660 that sets forth the minimum standards for the provision of service and administration of credit and collection programs by water utilities. This rule will replace Ch. 81 and 86 for water utilities; therefore we also propose repealing those rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 704 and 1308
PUBLIC HEARING: May 7, 2010, Worster Hearing Room, 101 Second Street, Hallowell, 10 a.m.
COMMENT DEADLINE: May 14, 2010
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov
URL: http://www.maine.gov/mpuc/index.shtml



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 25, Dental Services
PROPOSED RULE NUMBER: 2010-P73
CONCISE SUMMARY: In Ch. II of Section 25, Dental Services, the proposed rule change requires, for Temporomandibular Joint Treatment (TMJ), that providers access prior authorization criteria that are industry recognized criteria utilized by a national company under contract, in addition to prior authorization criteria set forth in the rule itself. Providers can access these prior authorization criteria by accessing the OMS website at: http://www.maine.gov/dhhs/oms/provider_index.html which will have a link to the PA portal. In cases where the portal requires that certain criteria be met, and the member fails to meet those criteria, such services will not be covered or allowed under the MaineCare program.
In Ch. III of Section 25, the Department is clarifying that PA is not required for D4341, if a member has a diagnosis code 101. To the extent that payment for D4341 has been denied is a member has a diagnosis of 101, the Department will approve reimbursement retroactively.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: May 3, 2010, 11 a.m., Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 30, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 3, 2010.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 35, Hearing Aids and Services
PROPOSED RULE NUMBER: 2010-P74
CONCISE SUMMARY: The Department of MaineCare Services is proposing changes to MaineCare Benefits Manual, Ch. II Section 35, Hearing Aids and Services. The proposed rule change requires, for some services, providers to access prior authorization criteria that are industry recognized criteria utilized by a national company under contract, in addition to prior authorization criteria set forth in the rule itself. Providers can access these prior authorization criteria by accessing the OMS website at: http://www.maine.gov/dhhs/oms/provider_index.html which will have a link to the PA portal. In cases where the portal requires that certain prior authorization criteria be met, and the member fails to meet those criteria, such services will not be covered or allowed under the MaineCare program. Also in this rulemaking, the Department will require documented evidence that a hearing test has occurred within preceding 6 months. Finally, in Section 35.07 B, the Department is now requiring a trial period of 30 days, after which the Audiologists or Hearing Aid Dealer and Fitter must provide written confirmation that the device meets the member’s need and should be purchased.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: May 3, 2010, 10 a.m., Conference Room 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 30, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 3, 2010.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
PROPOSED RULE NUMBER: 2010-P75
CONCISE SUMMARY: This proposed rule does away with costs for Community Support Services (formerly called Day Habilitation Services) as part of the cost basis of the per diem rate for Intermediate Care Facilities for persons with mental retardation. Instead, the rule refers providers to the reimbursement methods and rate for Community Support Services set forth in MBM, Ch. II and III, Section 21. The amendment is made necessary by the repeal of MBM, Section 24, Day Habilitation Services. The amendment will also allow the billing code for this service to conform to federally required codes and the implementation of the Department’s new claims processing system. Since this rule is a Major Substantive rule, it will not be finally adopted until approved by the Legislature.
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; 34-B MRSA §5432(3); P.L. 2009, ch. 213, §RRRR-1
PUBLIC HEARING: May 4, 2010, 1:00 p.m., Conference Room 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330 .Any interested party requiring special arrangements to attend the hearing must contact the agency person listed above before April 26, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, May 14, 2010.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2010-P76
CONCISE SUMMARY: The Department of MaineCare Services is proposing changes to MaineCare Benefits Manual, Ch. II Section 60, Medical Supplies and Durable Medical Equipment. The Department proposes, to require, for some services, providers to access prior authorization criteria that is industry recognized criteria utilized by a national company under contract. Providers can access prior authorization criteria by accessing the OMS website at: http://www.maine.gov/dhhs/oms/provider_index.html which will include a link to the PA portal. In cases where the portal requires that certain criteria be met, and the provider fails to meet those criteria, such services will not be covered or allowed under the MaineCare program. Also, in this rulemaking, the Department proposes the addition of coverage for Microprocessor Controlled Knee Protheses when certain criteria are met. Providers can access the criteria at the above web portal. Furthermore, the Department is now requiring all repairs to DME equipment with total cost that exceed 60% of replacement, require prior authorization. Finally, the Department is clarifying current incontinence limitations in this rule, in addition to making re-formatting changes in this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:: May 3, 2010, 9 a.m., Conference Room 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 30, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 3, 2010.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 90, Physician’s Services
PROPOSED RULE NUMBER: 2010-P77
CONCISE SUMMARY: In Ch. II of this rulemaking, the Department proposes, to require, for some services, providers to access prior authorization criteria that is industry recognized criteria utilized by a national company under contract. Providers can access criteria by utilizing the following portal: http://www.maine.gov/dhhs/oms/provider_index.html. In cases where the portal requires that certain criteria be met, and the provider fails to meet those criteria, such services will not be covered or allowed under the MaineCare program. The proposed rule also changes the reimbursement methodology by reimbursing providers at 70% of the Medicare fee schedule effective March 1, 2010 consistent with the March 1, 2010 Emergency rulemaking and another rulemaking proposed on March 17, 2010. Upon implementation of the MIHMS system, MaineCare will require providers to utilizing Medicare’s fee schedule based on place of service and modifiers. Finally, the Department has changed transplant criteria to require members to be free of alcohol and drug use for 6 months prior to transplant.
In Ch. III of this rulemaking, upon implementation of Maine’s Integrated Health Management System (MIHMS), the Department will repeal Ch. III Section 90, since all necessary methodology and billing information can be found at either Ch. II or on the Department’s website.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: May 3, 2010, 8 a.m., Conference Room 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 30, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 3, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 95, Podiatric Services
PROPOSED RULE NUMBER: 2010-P78
CONCISE SUMMARY: The proposed rule change requires, for some services, providers to access prior authorization criteria that are industry recognized criteria utilized by a national company under contract, in addition to prior authorization criteria set forth in the rule itself. Providers can access these prior authorization criteria by accessing the OMS website at: http://www.maine.gov/dhhs/oms/provider_index.html, which will have a link to the PA portal. In cases where the portal requires that certain prior authorization criteria be met, and the member fails to meet those criteria, such services will not be covered or allowed under the MaineCare program.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: May 3, 2010, 10:30 a.m., Conference Room #3, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 30, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 3, 2010
AGENCY CONTACT PERSON: Cindy Boucher, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



NOTE: 2010-77, published on March 17, 2010 as Ch. 263, Maine Comprehensive and Limited Environmental Laboratory Certification Rules, is a joint rule of 10-144, the Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program, and 06-096, the Department of Environmental Protection.



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 10.05, Taking of quahogs in the sub-tidal waters of New Meadows Lake, Brunswick and West Bath
ADOPTED RULE NUMBER: 2010-116 (EMERGENCY)
CONCISE SUMMARY: The Commissioner adopts these emergency regulations in the New Meadows Lake, Brunswick and West Bath due to the unusually large concentration of fishermen and risk of unusual damage to the local quahog resource. Harvest by dredge, drag, suction pumping device or diving methods will be prohibited; harvest by any method will be limited to daylight hours, i.e., nights will be closed. A copy of the rule is available online at http://www.maine.gov/dmr/rulemaking/ or to receive a copy by mail see agency contact information below.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Lt. Jon Cornish (207-633-9595)
CHAPTER NUMBER AND TITLE: Ch. 25.08(A)(4), Double Tagging in Zone B & Zone C
ADOPTED RULE NUMBER: 2010-117
CONCISE SUMMARY: The double lobster trap tagging provision has been adopted that requires removable tags by lobster license holders who have declared Zone B, who fish in Zone C, when fishing traps in Zone C, and by lobster license holders who have declared Zone C, who fish in Zone B, when fishing traps in Zone B, in order to increase the Marine Patrol’s ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules of Zone C and Zone B. This tagging requirement is effective June 1, 2010 and only applies to Zone B and Zone C license holders.
EFFECTIVE DATE: June 1, 2010
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B), Halibut regulations
ADOPTED RULE NUMBER: 2010-118
CONCISE SUMMARY: Amendments adopted in the halibut regulations include: a minimum size of 41 inches; a 32-inch pectoral length for head-off conversion; a single coast wide 2 month season from May 1 –June 30; lower possession limits – commercial fishing and commercial party/charter operators 25 halibut per year and recreational 5 halibut per year; all halibut must be tagged whether caught in territorial or federal waters throughout the year; tags would be issued separately for halibut caught recreationally, commercially by state-only permit holders or commercially by individuals who hold a Federal multispecies permit; only one type of tag would be issued per person, per vessel, per (calendar) year; and personal use / recreational tub trawlers for halibut would be limited to 100 hooks. Due to unanticipated delays the DMR Advisory Council voted to postpone the implementation of the single two month season until 2011.
EFFECTIVE DATE: April 6, 2010
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME & ADDRESS: Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008. Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
URL: http://www.maine.gov/dmr/index.htm



AGENCY: 04-061 - Department of Conservation (DOC), Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, error corrections
ADOPTED RULE NUMBER: 2010-119
CONCISE SUMMARY: The Land Use Regulation Commission has adopted corrections to Ch. 10 of its rules pursuant to Public Law 2009, Ch. 415, to correct the description of the expedited permitting area for wind power development, and to correct a typographical error.
EFFECTIVE DATE: April 7, 2010
AGENCY CONTACT PERSON: Marcia Spencer-Famous, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta ME 04333-0022. Telephone: (207) 287-2631. E-mail: Marcia.Spencer-Famous@Maine.gov
URL: http://www.maine.gov/doc/lurc/index.shtml
DOC RULE-MAKING LIAISON: Gale.Ross@Maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2010-120
CONCISE SUMMARY: If the Commission determines that that there is insufficient money in the Maine Clean Election Fund, the Commission shall reduce payments of public campaign funds to candidates and may authorize the candidates to collect campaign contributions. Each donor may give up to $350 per election for legislative candidates and $750 per election for gubernatorial candidates. Candidates must deposit campaign contributions in accounts in financial institutions, and may dispose of unspent campaign funds in accordance with the rule. The candidates must report the receipt and expenditure of all contributions.
EFFECTIVE DATE: April 11, 2010
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: Jonathan.Wayne@Maine.gov .
URL: http://www.maine.gov/ethics/



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 348, Poultry Slaughter and Processing with Grower/Producer Exemption
ADOPTED RULE NUMBER: 2010-121 (final adoption, major substantive)
CONCISE SUMMARY: The proposed rule sets forth requirements for Grower/Producers of less than 1,000 birds to slaughter, process and sell their poultry in Maine. The rule establishes requirements for the physical facilities and sanitary processes used by poultry producers whose products are exempt from continuous inspection under 22 MRSA Ch. 562-A.
EFFECTIVE DATE:: May 6, 2010
AGENCY CONTACT PERSON: Hal Prince, Director, Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3841. E-mail: Hal.Prince@Maine.gov .
URL: http://www.maine.gov/agriculture/qar/index.html
DEPARTMENTAL RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch 350, Regulations under the Maine Commercial Fertilizer Law
PROPOSED RULE NUMBER: 2010-122
CONCISE SUMMARY: The purpose of chapter is to set forth uniform standards for labeling, registration and regulation of fertilizers in an effort to achieve consensus with other fertilizer regulatory agencies and the Association of American Plant Food control Officials (AAPFCO). The (AAPFCO) strives to gain uniformity by consensus among each of these entities without compromising the needs of the consumers, protection of the environment or fair competition among the industry.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §748
AGENCY CONTACT PERSON: Hal Prince, Director, Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3841. E-mail: Hal.Prince@Maine.gov .
URL: http://www.maine.gov/agriculture/qar/index.html
DEPARTMENTAL RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 161, Graphic Arts – Lithograhy and Letterpress Printing
ADOPTED RULE NUMBER: 2010-123
CONCISE SUMMARY: The Department has adopted a new regulation that restricts volatile organic compound (VOC) emissions from offset lithography and letterpress printing operations. Under Section 184 of the Clean Air Act Amendments of 1990, the State must submit plans to control VOC emissions from all sources covered by a Control Technique Guideline (CTG) issued by US EPA.
This regulation requires all sources within this category to determine their emission levels and implement reasonable options for keeping such emissions at a minimum, in a cost effective way including: control technology approaches, VOC and composite vapor pressure limits and standards for work practices.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at http://www.maine.gov/dep/air/regulations/recentlyadopted.htm .
EFFECTIVE DATE: April 11, 2010
AGENCY CONTACT PERSON: Deb Avalone-King, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333. Telephone: (207) 287-2437. E-mail: Debbie.J.Avalone-King@Maine.gov
URL: http://www.maine.gov/dep/air/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 150, Control of Emissions from Outdoor Wood Boilers
ADOPTED RULE NUMBER: 2010-124
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 150, Control of Emissions from Outdoor Wood Boilers. These amendments clarify that a master solid fuel technician or other qualified professional also may prepare outdoor wood boiler (OWB) installation recommendations; an indoor-rated boiler located in an outside structure is considered an OWB; and commercial OWB used only for space heating or domestic hot water are not considered commercial OWB. The amendments establish a voluntary technology-forcing emissions standard for outdoor wood boilers. 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: April 11, 2010
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov .
URL: http://www.maine.gov/dep/air/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 160, Outdoor Wood Boiler Replacement and Buy Back Program
ADOPTED RULE NUMBER: 2010-125
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 160 that clarify that a nuisance OWB does not need to have been installed prior to February 1, 2008 to qualify for replacement under the program. Also, a person who upgrades or replaces a nuisance OWB when there is no money in the fund may qualify when money becomes available. 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: April 11, 2010
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov .
URL: http://www.maine.gov/dep/air/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife (IF&W)
TYPE OF RULE: Amend and Repeal and Replace Portions of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2010-126
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the order of launch for 2010, adding a 3.5 mile stretch of the South Branch of the Penobscot River to the definition of "rapidly flowing river"; establishing length requirements for rafts on the Magalloway River, Rapid River, and South Branch of the Penobscot; clarifying the criteria for the 5-year allocation review process; and require rental rafts used by private persons to cover display numbers to separate them from commercial rafts.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
EFFECTIVE DATE: April 13, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/



AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
ADOPTED RULE NUMBER: 2010-127 (final adoption, major substantive)
CONCISE SUMMARY: This rulemaking makes five 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, 4) pursuant to the Department’s intent to not exceed minimum federal requirements and to address cost containment through fidelity of implementation in the following areas: postsecondary transition will begin at grade 9, the statute of limitations for due process hearings will be changed to the federal standard of two years, refinement to the program approval process, and refinement of the monitoring to delete the reference to a cycle of on-site reviews, add a data based procedure for eligibility determination, refined the criteria for change in eligibility, permit educational technician IIIs to provide tutorial services, and refined the implementation of the primary service provider model and 5) to add or refine for clarity and consistency of procedures: enhance the transition from the CDS system to the public school with the addition of the specific procedural steps that have been included in the Commissioner’s administrative letter #25, remove the definition of collateral contact which is a Medicaid term and not a covered service under IDEA, and to provide a definition of diagnostic impression for clarity of understanding, as well as a new definition for formative assessment.
EFFECTIVE DATE: May 8, 2010
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
URL: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov