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Home > Weekly Rule-making Notices > August 8, 2012

August 8, 2012

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: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 675, Infrastructure Surcharge and Capital Reserve Accounts
PROPOSED RULE NUMBER: 2012-P172
BRIEF SUMMARY: The Public Utilities Commission opens a rulemaking to propose a new Ch. 675 that establishes procedures for water utilities to implement a Temporary Surcharge for Infrastructure Replacement and Repair (TSIRR) and capital reserve accounts.
PUBLIC HEARING: August 28, 2012, 9:30 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: September 10, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lucretia Smith, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1383. E-mail: Lucretia.Smith@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 6105 and 6107-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G), Season Dates - Open and Closed Areas for Beaver Trapping; 4.01(K), Location of and Preparation for Traps
PROPOSED RULE NUMBER: 2012-P173
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping as follows:
1. Beaver Trapping
1.a.)
Wildlife Management Districts 1, 2, 4, 5: October 14 - April 30
Wildlife Management Districts 3, 6, 8, 9, 10, 11: November 1 – April 30
Wildlife Management Districts 18, 19, 28: November 1 – April 15
Wildlife Management Districts 7, 12, 13, 14, 17, 27: November 1 – March 31
Wildlife Management Districts 15, 16, 20, 21, 22, 23, 24, 25, 26, 29: December 1 – March 31
When using killer-type traps from March 1 through April 30, traps that have a jaw spread larger than 6 inches (“160” size traps) must be set parallel to the closest bank. Traps set to remain under ice are exempt from this rule.
1.b.) During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Rulemaking Contact Person.
The Department is also proposing to make minor modifications to the lynx exclusion device used when trapping with killer-type traps in WMDs 7, 14, 18 and 19. A copy of the proposed changes is available from the Agency Rulemaking Contact Person.
PUBLIC HEARING: None scheduled - one may be requested
COMMENT DEADLINE: September 7, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No adverse impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, OFI Food Supplement Certification Manual, Rule #177P: Annual Standard Utility and Phone Allowance Adjustments, FS-555-5 pages 6 & 7
PROPOSED RULE NUMBER: 2012-P174
CONCISE SUMMARY: This rule decreases the Full Standard Utility Allowance from $644 to $634 and the Non-Heat Utility-only Allowance from $214 to $211, and increases the Telephone Only Utility Allowance from $40 to $41. This rule will become effective October 1, 2012.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: September 7, 2012
AGENCY CONTACT PERSON: Karen Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4108. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
STATUTORY AUTHORITY: 22 MRS §§ 42(1) and 3104
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI Maine Public Assistance Manual, Rule #95P: Ch. XI, Post Employment Assistance to Working Families, pages 1 - 3
PROPOSED RULE NUMBER: 2012-P175
CONCISE SUMMARY: This Proposed rule permanently adopts TANF #95E which implemented provisions from LD 1903, Part S, §§ S-1 and S-2, which repeal the former transitional food benefits program, and allow the Department to provide limited transitional food benefits to meet the needs of food supplement benefit recipients living with one or more dependent children under 18 years of age who are working at least 30 hours per week or who are working at least 20 hours per week if one or more dependent child is under 6 years of age. Eligibility rules were implemented through emergency rulemaking on July 1, 2012.
PUBLIC HEARING: None unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 7, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4109. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
STATUTORY AUTHORITY: PL 2011, Ch. 655, Pt. S; 22 MRSA §42(1); 22 MRSA §3762(3)(A)
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 02-313 - Department of Professional and Financial Regulation (PFR), Board of Dental Examiners (Affiliated)
RULE TITLE OR SUBJECT: Ch. 7, Licensing / Certification / Late Fees
PROPOSED RULE NUMBER: 2012-P176
CONCISE SUMMARY: The proposed changes will reduce fees for re-licensure and reinstatement, along with fees for temporary licensure and temporary permits. The Board is decreasing these licensing fees due to its having a comfortable financial balance, and because it feels this is the fiscally responsible thing to do.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: No hearing to be scheduled
DEADLINE FOR COMMENTS: September 12, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov .
STATUTORY AUTHORITY: 32 MRSA §§ 1061, 1073(2), 1084, 1085, 1086, 1086-A, 1087, 1089, 1094-G, 1094-H, 1094-J, 1094-L, 1094-M, 1094-N, 1094-O, 1097, 1098, 1098-A, 1099, 1100-C, 1100-D, 1100-E, 1100-N, -1100-P; 10 MRSA §8003(5)(C)(4)
WEBSITE: http://www.mainedental.org/ .



AGENCY: 02-313 - Department of Professional and Financial Regulation (PFR), Board of Dental Examiners (Affiliated)
RULE TITLE OR SUBJECT: Ch. 16, Rules to Implement a Pilot Project for Independent Practice Dental Hygienists to Process Dental Radiographs in Underserved Areas of the State
PROPOSED RULE NUMBER: 2012-P177
CONCISE SUMMARY: This chapter implements Resolve 2011, Ch. 167 of the 125th Maine Legislature (First Regular Session (LD 230) as amended (Second Regular Session (LD 1891)), that requires the Board to amend recently adopted Board rule Ch. 16 to allow IPDH’s to expose and process all types of dental radiographs within areas of the state designated by the United States Department of Health and Human Services as dental health professional shortage areas.
PUBLIC HEARING: no hearing to be scheduled
DEADLINE FOR COMMENTS: September 12, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Resolve 2011, Ch. 167 of the 125th Maine Legislature (First Regular Session (LD 230) and Second Regular Session (LD 1891)); 32 MRSA §§ 1073(2), 1094-Q, and 1100-A
WEBSITE: http://www.mainedental.org/ .


ADOPTIONS


AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 693, Operator Training for Underground Oil and Hazardous Substance Storage Facilities
ADOPTED RULE NUMBER: 2012-212
CONCISE SUMMARY: The Department of Environmental Protection has adopted this new rule which establishes training requirements for operators of underground oil and hazardous substance facilities. The rule is consistent with guidelines for implementing the operator training provisions of the Energy Policy Act of 2005 issued by the US Environmental Protection Agency. The rule also reflects recent changes to Maine law (2011) that requires certification to be renewed every 2 years unless there is a change to the leak detection system or a finding of non-compliance, and provides that third party training programs may be approved for use. The rule will enable Maine businesses to combine the training and responsibilities for two classes (A and B) of operators into one (A/B), making it easier and more cost effective to comply. The rule proposes that underground tank operators become trained by the federally established deadline of August 8, 2012. This rule will enable the State of Maine and Maine’s small business community to gain compliance with the requirements of federal law.
To view and download a copy of the rule, go to http://www.maine.gov/dep/rules/ .
EFFECTIVE DATE: August 4, 2012
AGENCY CONTACT PERSON: Scott Whittier, DEP-BRWM, 17 State House Station, Augusta, Me. 04333- 0017. Telephone: (207) 287-7674. E-mail: Scott.Whittier@Maine.gov .
WEBSITE: http://www.maine.gov/dep .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 54, Racing Violations; Subsection 1.S
ADOPTED RULE NUMBER: 2012-213
CONCISE SUMMARY This change will not allow a driver to hold the reins in one hand after the 7/8 ths pole and use the "one handing whipping" motion currently in place.
EFFECTIVE DATE: August 4, 2012
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: Caldwell.Jackson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 110, Ambient Air Quality Standards
ADOPTED RULE NUMBER: 2012-214
CONCISE SUMMARY: The Department has adopted amendments to its Ch. 110 Ambient Air Quality Standards to explicitly incorporate the national ambient air quality standards (NAAQS) and ambient increments for prevention of significant deterioration (PSD). In addition to the explicit establishment of the NAAQS, the adopted also update the ambient increments to establish an increment for PM2.5, and repeal the state standard for chromium (there is no NAAQS for chromium or chromium compounds). These amendments will be submitted to EPA for incorporation in the Maine State Implementation Plan.
EFFECTIVE DATE: August 6, 2012
AGENCY CONTACT PERSON: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Telephone: (207) 287-7647. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 81, Designation of Priority Toxic Chemicals, and
Ch. 82, Priority Toxic Chemical Reporting and Pollution Prevention Planning
ADOPTED RULE NUMBER: 2012-215, 216
CONCISE SUMMARY: The Priority Toxic Chemical rules CMR 81 and 82 as promulgated by Maine’s Priority Toxic Chemical Use Reduction laws, 38 MRSA §2321 to 2330, were adopted by the Department of Environmental Protection. These rules encourage the reduction of the use of priority toxic chemicals in the commercial and industrial sectors. Ch. 81 designates substances as priority toxic chemicals pursuant to Maine’s Priority Toxic Chemical Use Reduction laws that, as a result of use, subject certain facilities to reporting and pollution prevention planning requirements. Ch. 82 details the reporting requirements for commercial and industrial facilities that use chemicals designated in state law as “priority toxic chemicals” under Maine’s Priority Toxic Chemical Use Reduction laws, and sets forth the pollution prevention planning requirements and reduction goals for commercial and industrial facilities using those chemicals in excess of quantities established in this rule.
EFFECTIVE DATE: August 6, 2012
AGENCY CONTACT PERSON: Julie Churchill, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Telephone: (207) 287-7881. Fax: (207) 287-2814. E-mail: Julie.M.Churchill@Maine.gov .
WEBSITE: http://www.maine.gov/dep .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, OFI MaineCare Eligibility Manual, Rule #260A: Transfer of Asset Penalty for State-Funded Assistance in Residential Care
ADOPTED RULE NUMBER: 2012-217
CONCISE SUMMARY: The Department will impose a penalty upon those who transfer their assets for less than Fair Market Value before or after entering certain residential care settings. This transfer of asset penalty will cause individuals to use their own resources to meet their needs before receiving State-Funded Assistance in Residential Care Facilities, Cost Reimbursed Boarding Homes, and Adult Family Care Homes. This rule will deter individuals from disposing of their assets in order to qualify for State-Funded Assistance.
The period of time that the Department uses to determine whether a penalty for improper transfer of assets will be imposed is called the “look back period.” When an individual disposes of assets for less than Fair Market Value on or after the beginning of the look back period, he or she may have to wait before receiving State-Funded Assistance. Such a transfer will not impact eligibility for Medicaid generally, but may impact eligibility for specific Medicaid services as found in Ch. 332, Part 15 of the MaineCare Eligibility Manual.
The transfer of asset penalty in certain residential care settings is separate and distinct from any transfer penalty imposed on individuals for institutional level of care services.
This proposed rule makes changes to Ch. 332 of the MaineCare Eligibility Manual.
THIS RULE WILL WILL NOT HAVE AN EFFECT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
EFFECTIVE DATE: August 5, 2012
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4106. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 336, Transfer of Asset Penalty for State-funded Assistance in Residential Care
ADOPTED RULE NUMBER: 2012-218
CONCISE SUMMARY: The Department will impose a penalty upon those who transfer their assets for less than Fair Market Value before or after entering certain residential care settings. This transfer of asset penalty will cause individuals to use their own resources to meet their needs before receiving State-Funded Assistance in Residential Care Facilities, Cost Reimbursed Boarding Homes, and Adult Family Care Homes. This rule will deter individuals from disposing of their assets in order to qualify for State-Funded Assistance.
The period of time that the Department uses to determine whether a penalty for improper transfer of assets will be imposed is called the “look back period.” When an individual disposes of assets for less than Fair Market Value on or after the beginning of the look back period, he or she may have to wait before receiving State-Funded Assistance. Such a transfer will not impact eligibility for Medicaid generally, but may impact eligibility for specific Medicaid services as found in Ch. 332, Part 15 of the MaineCare Eligibility Manual.
The transfer of asset penalty in certain residential care settings is separate and distinct from any transfer penalty imposed on individuals for institutional level of care services.
This proposed rule creates Ch. 336 of the OFI Eligibility Manual, revising a state-funded program.
THIS RULE WILL NOT HAVE AN EFFECT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
EFFECTIVE DATE: August 5, 2012
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4106. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, OFI Food Supplement Certification Manual, Rule #175A:Resource Limit Increase, GLA Language Adjustment — Alpha Index, pages 2 and 4, Table of Contents page 2, FS-111-1 page 1, FS-333-1 pages 1 and 2
ADOPTED RULE NUMBER: 2012-219
CONCISE SUMMARY:
1. Makes changes in the rule to remove the word "developmentally" from references to the disabled for group living arrangements (GLAs).
2. This rule implements a federal change in the asset limit for households with elderly or disabled members, from $3,000 to $3,250.
EFFECTIVE DATE: April 1, 2012
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4108. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .