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Home > Weekly Notices > November 10, 2010

November 10, 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: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 37, Voluntary Municipal Farm Support Program
PROPOSED RULE NUMBER: 2010-P289
CONCISE SUMMARY: This chapter creates the rules governing the Voluntary Municipal Farm Support Program.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 2-C
PUBLIC HEARING: 9 a.m., Monday, November 29th, 2010, Maine Department of Agriculture, 319 Deering Building, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., Friday, December 10, 2010
AGENCY CONTACT PERSON: Stan Millay, Director, Division of Agriculture Resource Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028. Telephone: (207) 287-9072. Fax: 287-5576. E-mail: Stan.Millay@Maine.gov
WEBSITE: http://www.maine.gov/agriculture/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Proposed Policy Rev. #170P: Annual Adjustments to the Standard Utility Allowances, Annual Cost of Living Adjustments, Extension of the Able-bodied Adults Without Dependents (ABAWD) Work Participation Waiver
PROPOSED RULE NUMBER: 2010-P290
CONCISE SUMMARY: To comply with Federal regulations, this rule adopts annual changes to standard utility allowances, to reflect current utility costs in Maine; cost of living allowances, as determined by USDA Food and Nutrition Services, and extends the Able-Bodied Adults Without Dependents (ABAWD) work participation waiver.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7CFR 273.9 (d)(6)(iii); 7 USC 2014 (e)(6)(c)
PUBLIC HEARING Wednesday, December 1, 2010 at 9:00 a.m., location is Conference Room 1A/1B at Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: December 11, 2010
AGENCY CONTACT PERSON Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Karen.L.Curtis@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/OIAS/snap/index.html
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 24.10(D)(6), Maine – Restricted Area for American Oyster; and Appendix A
PROPOSED RULE NUMBER: 2010-P291
CONCISE SUMMARY: The proposed regulations would adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules that added the territorial waters between Ocean Point, Linekin Neck, Boothbay to Pemaquid Point, Bristol to the list of restricted areas for the movement of the American oyster (Crassostrea virginica) due to presence of MSX. No size exemption is proposed because all sizes of American oyster are susceptible to infection, and any movement from within any restricted area requires a permit prior to movement/introduction in accordance with Ch. 24.05.
AGENCY CONTACT PERSONS: Marcy Nelson (207-633-9502, e-mail Marcy.Nelson@Maine.gov) or Laurice Churchill (633-9584, e-mail Laurice.Churchill@Maine.gov)
STATUTORY AUTHORITY: 12 M.R.S. §6071 and §6171
PUBLIC HEARING: December 1, 2010, 6 p.m., DMR Large Conference Room, W. Boothbay Hbr. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578, e-mail Amanda.Beckwith@Maine.gov .
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: December 11, 2010. 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: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. WEB SITE: www.maine.gov/dmr/rulemaking . E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/index.htm



NOTE: THE FOLLOWING TWO PROPOSALS WERE CANCELLED BY THE PUC VIA PROCEDURAL ORDER DATED NOVEMBER 24, 2010.
AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE:
Ch. 285, Maine Telecommunications Education Access Fund; and
Ch. 288, Maine Universal Service Fund
PROPOSED RULE NUMBERS: 2010-P292 and P293
CONTACT PERSON FOR THIS FILING: Jordan D. McColman. E-mail: Jordan.D.McColman@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 30, 2010, 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director no later than Friday, December 17, 2010. Please refer to the Docket Number of this proceeding, Docket No. 2010-340, when submitting comments, and send to the Administrative Director, Public Utilities Commission, mail address - 18 State House Station, Augusta, Maine 04333-0018; delivery address - 101 Second Street, Hallowell, Maine
BRIEF SUMMARY: To amend Ch. 285 and 288 of the Commission’s Rules (Ch. 285 or Ch. 288) to clarify that all telecommunications carriers are subject to the same required contributions to the Maine Telecommunications Education Access Fund (MTEAF) and Maine Universal Service Fund (MUSF).
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 7104, 7104-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Subsurface Wastewater Unit
CHAPTER NUMBER AND TITLE: Ch. 240, Rules for Appointment and Administration of Local Plumbing Inspectors
PROPOSED RULE NUMBER: 2010-P294
BRIEF SUMMARY: The Department proposes changes to these Rules to incorporate a permit fee schedule, to achieve compliance with recently amended 30-A MRSA §4211(5). In addition to adopting a new permit fee schedule, the Rules also make technical changes and updates references to Departmental agencies and the Department’s responsibilities relating to the appointment and supervision of local plumbing inspectors.
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2010-P295
BRIEF SUMMARY: The Department proposes to rearrange the content of these Rules to make them easier to read and use, to add criteria regarding installation of septic systems adjacent to regulated wetlands and water bodies, to revise fees to comply with recently amended 30-A MRSA §4211(5), to update design flows for septic systems, and to correct errors and inconsistencies.
CHAPTER NUMBER AND TITLE: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
PROPOSED RULE NUMBER: 2010-P296
BRIEF SUMMARY: The Department proposes changes to these Rules to make them consistent with changes to the design and location criteria for subsurface wastewater disposal systems, which are established, pursuant to Maine’s Subsurface Wastewater Disposal Rules at 10-144 CMR 241. These Rules include technical language to update references to Departmental agencies and relevant statutes, streamlines the process for seeking administrative and judicial review of agency seasonal permitting decisions.
CONTACT PERSON FOR THESE FILINGS: Tera R. Pare, J.D., Drinking Water Program, 11 State House Station - Key Bank Plaza 3rd Floor, 286 Water Street, Augusta, ME 04333-0011, Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: David Braley. Telephone: (207) 287-3194. E-mail: David.Braley@Maine.gov .
PUBLIC HEARING: Wednesday December 1, 2010 at 1:00 pm at Francis Perkins Conference Room A, Public Safety/Department of Labor, 45 Commerce Drive, Augusta, ME
COMMENT DEADLINE: December 13, 2010
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department sees no impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42(1),(3),(3-A),(3-B); 22-A MRS §205(2); 30-A MRS §§ 4311-4215, 4221 and 4452
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/eng/water/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 – Department of Health and Human Services (DHHS), OCFS, Public Service Management, Community Services Unit
CHAPTER NUMBER AND TITLE: Ch. 2, Community Services Block Grant Program
PROPOSED RULE NUMBER: 2010-P297
CONTACT PERSON FOR THIS FILING: Christine Merchant, Supervisor, Community Services Unit, OCFS. Telephone: (207) 624-7934. E-mail: Christine.Merchant@maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Friday, December 3, 2010 at 9:00 a.m., OCFS, 2 Anthony Avenue, Augusta, ME
COMMENT DEADLINE: December 17, 2010
BRIEF SUMMARY: Various community services administered through Community Action Agencies are funded by a Community Services Block Grant (CSBG) from the Federal Government. Federal law limits the use of the funds to clients at or below 100% of the federal poverty level (FPL) as determined and revised periodically by the Federal Government. A state may permit CSBG services to be provided to clients up to 125% of the federal poverty line whenever a state determines that doing so serves the objectives of the CSBG program.
This proposed rule amends Maine’s regulation in order to comply with Federal law, by decreasing the FPL currently set at 150% to 125%. This proposed rule also updates references to Maine’s statutes which authorize this program.
IMPACT ON MUNICIPALITIES OR COUNTIES: This change is not expected to have any impact on municipalities or counties since funding for Community Action Agencies comes from many sources in addition to CSBG.
STATUTORY AUTHORITY FOR THIS RULE: CSBG ACT 42 U.S.C. §9901 et seq. ; 22 MRSA Ch. 1477
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ocfs/psm/csu/
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 & III Section 43, Hospice Services
PROPOSED RULE NUMBER: 2010-P298
CONCISE SUMMARY: This rule proposes to permanently adopt previously filed emergency rules reflecting the codes necessary when billing the Maine Integrated Health Management Solution (MIHMS), therefore, allowing providers to bill correctly in the new system. In addition, this rule further proposes to permanently adopt the previously filed emergency rule permitting terminally ill MaineCare members under the age of 21 to receive hospice services without requiring them to forgo other treatments covered by MaineCare. This implements Section 2302 of the Affordable Care Act (Pub. L. No. 111-148 as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152)).
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
PUBLIC HEARING: Monday, November 29, 2010 at 10:30 a.m., Conference Room 1A & 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested parties requiring special arrangements to attend the hearing contact the agency person listed below before November 22, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Thursday, December 09, 2010.
AGENCY CONTACT PERSON: Jamie L. Paul, Comprehensive Health Planner II, 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) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Jamie.L.Paul@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 04-059 – Department of Conservation (DOC), Bureau of Parks and Lands, Off-Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 9, Rules for Snowmobile Capital Equipment Grant in Aid Program
PROPOSED RULE NUMBER: 2010-P299
CONTACT PERSON FOR THIS FILING: Skip Varney/Scott Ramsay. E-mails: Walter.E.Varney@Maine.gov and Scott.Ramsay@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING (if any):
COMMENT DEADLINE: December 10, 2010
BRIEF SUMMARY: Repeal of the Snowmobile Capital Equipment Grant in Aid Program Rules in its entirety. Agency will develop new rules to reestablish program in 2011.
IMPACT ON MUNICIPALITIES OR COUNTIES: Program funding will be delayed for one year beginning January 1, 2011 and ending December 31, 2011.
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRSA Ch. 715
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/parks/about.html
DOC RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 118, Gasoline Dispensing Facilities Vapor Control
PROPOSED RULE NUMBER: 2010-P300
CONTACT PERSON FOR THIS FILING: Carolyn Wheeler, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Carolyn.Wheeler@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Reconvened Hearing November 18, 2010, 10:30 a.m., The Elks Lodge – 397 Civic Center Drive, Augusta, Maine
COMMENT DEADLINE: November 29, 2010, 5:00 p.m.
BRIEF SUMMARY: The Board of Environmental Protection convened a public hearing on Thursday, November 4, 2010 to receive testimony on Ch. 118 Gasoline Dispensing Facilities Vapor Control. At that time the chair announced the hearing would be continued and reconvened on Thursday, November 18, 2010, and the deadline for submission of written comments was extended to November 29, 2010.
The Department’s proposal repeals the Stage II requirement January 1, 2012, and requires the removal and/or discontinuance of Stage II vapor controls no later than January 1, 2013. The proposal includes procedures to ensure all piping is properly capped and tested for vapor tightness. The repeal of the Stage II requirement requires the implementation of new emission controls that provide equivalent (or greater) volatile organic compounds (VOC) emission reductions to make up for those VOC reductions lost with the elimination of Stage II (removal of the Stage II controls will result in an additional 0.245 tons per summer weekday (tpswd) of VOC emissions). The Department is proposing the installation and testing of pressure/vacuum vent caps on gasoline dispensing facilities with a throughput of 10,000 to 100,000 gallons per month by January 1, 2012 as one of the measures used to address this requirement, with this measure providing approximately 0.1 tpswd reduction in VOCs. The Department will be providing additional measures to address the remaining shortfall. 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 are publicly notified of the proposed rulemaking, the public hearing and are provided an opportunity for comment. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. 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.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


ADOPTIONS



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 322, Maine Food Processing Grant Program
ADOPTED RULE NUMBER: 2010-547
CONCISE SUMMARY: This rule provides a mechanism to make grants from the Maine Food Processing Grant Fund. The rule is structured so that priority will be given to grants that will assist most in achieving the goals of supporting Maine business that engage in food processing related to fishing, agriculture and dairy enterprises.
EFFECTIVE DATE: November 7, 2010
AGENCY CONTACT PERSON: William Norbert, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: bnorbert@famemaine.com .
WEBSITE: http://www.FameMaine.com/
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06(1), Wild Turkey - Spring Season
ADOPTED RULE NUMBER: 2010-548
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the dates for the 2010 wild turkey hunting season (May 2, 2011 - June 4, 2011) for all hunters. The Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day (April 30, 2011). In addition, the turkey hunting zone now includes Wildlife Management District 28.
EFFECTIVE DATE: November 8, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 6, Meeting Race Meet Standards and Maintaining Eligibility, Sub-section 8; Section 7, Steward’s List, Sub-section 2.G, H, J and K; Section 40, Bad Acting Horse; Section 46, Duties of Trainer; Section 54, Racing Violations, Sub-sections 1.O, and T; Section 58, Placing Offending Horses; Section 68, Fraud or Misconduct
ADOPTED RULE NUMBER: 2010-549
CONCISE SUMMARY: The rule change to Section 6 changes the number of times that a horse does not meet qualifying standards from 3 to 2 races.
The rule change in Section 7, Sub-section 2 requires four additional conditions requiring the horse to be put on the Steward’s List.
The rule change in Section 40 allows the Judges to determine if a ‘bad acting horse’ should continue in that race and places such horse on the Steward’s List.
The rule change in Section 46 further clarifies the responsibilities of a trainer in the event he or she is absent from the track on the day he or she is listed as trainer for horses racing.
The rule change to Section 54, Sub-section 1.O, & T would allow for a penalty to be imposed on a driver whether the horse was disqualified or placed; and, requires that a drivers feet must remain in the stirrups or heel plates of a sulky during a race.
The rule change in Section 58 allows the Presiding Judge to impose a penalty on the driver whether the interference affected the outcome of the race and no disqualification or placings were made.
The rule change in Section 68 separates the two terms of fraud and misconduct on behalf of a licensee. This change will allow the Presiding Judge to use this rule for either fraud or misconduct.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria
ADOPTED RULE NUMBER: 2010-550
CONCISE SUMMARY: The rule change in Section 2 establishes the time by which a late fee and registration may be received for registering a stallion to stand in the State of Maine. Further, it clarifies when the stallion must be standing in Maine in the event a late fee and late registration were made.
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing: Section 7, Out-Of-Competition Testing
ADOPTED RULE NUMBER: 2010-551
CONCISE SUMMARY: The Commission determined that certain provisions of the existing rule were not compliant with the Statute. Changes reflect the intent of the Statute and clarify who can take a sample and who is responsible for allowing a sample to be taken. Further, this change clarifies the penalty of a violation of this rule.
EFFECTIVE DATE: November 9, 2010
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov