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Home > Weekly Rule-making Notices > September 7, 2011

September 7, 2011

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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 372, Policies and Procedures under the Site Location Law
Ch. 500, Stormwater Management
PROPOSED RULE NUMBERS: 2011-P158, P159
CONTACT PERSON FOR THIS FILING: Dawn Hallowell, DEP-BLWQ, 17 State House Station, Augusta ME 04333. Telephone: (207) 557-2624. Fax: (207) 287-7826. E-mail: Dawn.Hallowell@Maine.gov .
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by the comment deadline below.
COMMENT DEADLINE: October 7, 2011. Comments may be submitted by mail, e-mail or fax. To ensure your comments are considered, please include your name and the organization you represent, if any.
BRIEF SUMMARY: In response to the legislative directive contained in Resolve 2011 Ch. 46, the Department of Environmental Protection proposes to amend rule Ch. 372 Section 12, Standard Conditions of Approval under the Site Location of Development law and Ch. 500 Section 10, Conditions of Approval under the Stormwater law, to provide that permits issued with respect to these laws are valid for 4 years after they are issued and that a person who holds such a permit has 7 years to complete a project pursuant to such a permit.
IMPACT ON MUNICIPALITIES OR COUNTIES: Amendment of the length of time these permits are valid has no implications for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Resolve 2011 Ch. 46
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov


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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
PROPOSED RULE NUMBER: 2011-P160
CONTACT PERSON FOR THIS FILING: Carla J. Hopkins, Maine Department of Environmental Protection, #17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 215-3314. Fax (207) 287-7826. E-mail: Carla.J.Hopkins@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill; (207) 287-7881; Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: No public hearing; comment period only
COMMENT DEADLINE: October 7, 2011
BRIEF SUMMARY: As required by PL 2011 Ch. 60 (LD 969), the Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Composting Facilities, 06-096 CMR 410. The revisions increase the exemption thresholds for the volume of Type IB and Type IC residuals composted by a farm in any 30-day period from 30 cubic yards to 60 cubic yards as long as the farm is operated in accordance with a compost management plan approved by the Department of Agriculture, Food and Rural Resources (DAFRR).
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1304(1) and PL 2011 Ch. 60 (LD 969)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.06, Wild Turkey Hunting Spring Season
PROPOSED RULE NUMBER: 2011-P161
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: October 7, 2011
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule that will establish an annual spring turkey hunt and set season dates as follows: There shall be an open spring season for the hunting of wild turkey within the wild turkey hunting zone, except for those areas closed to hunting described in Ch. 925, subchapter 1, from May 2, 2011 – June 4, 2011. beginning on the Monday closest to May 1st and continuing for five consecutive weeks. This rule will also remove Section C that assigned permits for hunting zones based on an odd and even year date of birth system.
A detailed copy of the proposal may be obtained from the Agency Contact Person listed above.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11701
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 6.03, Lobster Processing, Restrictions and Prohibitions
PROPOSED RULE NUMBER: 2011-P162
CONCISE SUMMARY: The proposed regulations would establish the permits, restrictions, shipment labeling, and records requirements for the holder of a Lobster Processor License to process oversize lobster. Such lobster must be legal in the jurisdiction from which they were harvested in accordance with the newly enacted law 12 M.R.S.A. §6431, sub-§6-B Exception; lobster processing.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6431(6-B)
AGENCY CONTACT PERSON: Deirdre Gilbert (207-624-6576)
RULE TITLE OR SUBJECT: Ch. 85, Saltwater Fishing Registry
PROPOSED RULE NUMBER: 2011-P163
CONCISE SUMMARY: In accordance with the revised reporting requirements in the new law, 12 M.R.S. §6312, effective July 6, 2011 (P.L. Ch. 421, LD 210), the information concerning who, where and how to report would be added. The proposed rulemaking would also repeal the saltwater fishing registry regulations pertaining to registry of agents, exemptions and striped bass endorsement for compliance with the same law.
STATUTORY AUTHORITY: 12 M.R.S. §6312
AGENCY CONTACT PERSON: Bruce Joule (207-633-9500)
PUBLIC HEARINGS:
September 27, 2011, 6:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
September 28, 2011, 6:00 p.m.*, Yarmouth Town Hall, Community Room, 200 Main St., Yarmouth
(Two hearings will be held each night for proposed rulemaking in Ch. 6 (lobster processing) and 85 (saltwater fishing registry) with Ch. 85 starting immediately upon the conclusion of the hearing for the previous chapter.)
RULE TITLE OR SUBJECT: Ch. 25.04, Lobster Trawl Limits: (C), Beals Island to Libby Island, Washington County
PROPOSED RULE NUMBER: 2011-P164
CONCISE SUMMARY: The proposed regulation would limit the number of traps per trawl to no more than four (4) in the vicinity of Beals Island to Libby Island. The boundary of the area would start at Kelly Point, Jonesport, to Freeman Rock, Jonesport, to a point approximately 9.7 statute miles due ENE or 60 degrees, then back to Cow Point, Roque Bluffs. The Zone A Lobster Management Council requested this proposed regulation, which is for purposes of preventing accidents and personal injuries as a result of trawls being set over regular trap gear.
STATUTORY AUTHORITY: 12 M.R.S. §6446, §6447
AGENCY CONTACT PERSON: Col. Joe Fessenden (207-624-6550)
PUBLIC HEARING: September 26, 2011, 6:00 p.m., Jonesport Beals High School (Gym), 180 Snare Creek Lane, Jonesport
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: October 11, 2011. 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 or E-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) Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, MaineCare Rule #257P: Part 2 Basic Eligibility Criteria, Section 3 Citizenship and Identity
PROPOSED RULE NUMBER: 2011-P165
CONCISE SUMMARY: This proposed rule will implement provisions from Part KK of the State FY2012 and FY2013 Biennial Budget (P.L. 2011, Ch. 380) that eliminated state-funding of health care coverage for qualified aliens who are subject to a five year waiting period for Medicaid. This eligibility rule was implemented through emergency rulemaking on September 1, 2011.
Unless specifically exempt, qualified aliens who were lawfully admitted to the United States on or after August 22, 1996 are prohibited from Medicaid during the first five years of admission to the United States. Under its State Medicaid Plan, Maine opted to cover pregnant women and children up to age 21 (through age 20) who would otherwise be subject to the five-year bar under its State Medicaid Plan. The State has been funding health care coverage for qualified aliens who are otherwise eligible for Medicaid during the five year waiting period. This proposed rule permanently adopts MaineCare Eligibility Manual Emergency Rule #257E which eliminated state-funded health care coverage for qualified aliens who are subject to a five year waiting period for Medicaid. Individuals subject to the five-year bar who meet all other basic Medicaid eligibility requirements may receive emergency services only.
This rule will have no effect on the administrative burdens of small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, and §3174; 22 MRSA §3174-G, sub-§1, ¶G; 22 MRSA §3762(3)(B); 8 U.S.C. 1641
PUBLIC HEARING: Thursday, September 29, 2011 @ 10:00 a.m — DHHS, 442 Civic Center Drive, Augusta, ME 04333 (Conference Rooms 1A + 1B)
DEADLINE FOR COMMENTS: October 7, 2011
AGENCY CONTACT PERSON Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Emergency Rule #257E: Part 2 Basic Eligibility Criteria, Section 3 Citizenship and Identity
ADOPTED RULE NUMBER: 2011-294 (Emergency)
CONCISE SUMMARY: This emergency rule will implement provisions from Part KK of the State FY2012 and FY2013 Biennial Budget (P.L. 2011, Ch. 380) that eliminate state-funding of health care coverage for qualified aliens who are subject to a five year waiting period for Medicaid.
Pursuant to 5 MRSA §8054, the Department has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. Immediate adoption of this rule is necessary to comply with the terms of the State FY2012 and FY2013 Biennial Budget that eliminated state-funded health care coverage for qualified aliens who are subject to a five year waiting period for Medicaid. This initiative achieves savings in a time of severe budget deficit, and the State needs to realize those savings immediately.
Unless specifically exempt, qualified aliens who were lawfully admitted to the United States on or after August 22, 1996 are prohibited from Medicaid during the first five years of admission to the United States. Under its State Medicaid Plan, Maine opted to cover pregnant women and children up to age 21 (through age 20) who would otherwise be subject to the five-year bar under its State Medicaid Plan. The State has been funding health care coverage for qualified aliens who are otherwise eligible for Medicaid during the five year waiting period. This emergency rule eliminates funding of health care coverage for qualified aliens who are subject to a five year waiting period for Medicaid. Individuals subject to the five-year bar who meet all other basic Medicaid eligibility requirements may receive emergency services only.
This rule will have no effect on the administrative burdens of small businesses.
EFFECTIVE DATE: September 1, 2011
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .