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Home > Weekly Rule-making Notices > March 13, 2013

March 13, 2013

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. 840, Intervenor Funding
PROPOSED RULE NUMBER: 2013-P033
BRIEF SUMMARY: The Public Utilities Commission proposes to amend Ch. 840 of the Commission’s rules concerning intervenor funding to update the rule to make it consistent with legislative changes to 35-A MRSA §1310.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: April 12, 2013. Written comments should refer to the docket number of this proceeding, Docket No. 2013-00157 and filed electronically at http://www.maine.gov/mpuc/online/index.shtml or by mail to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018 if the filer does not have access to the internet.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Joanne Steneck, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1390. E-mail: Joanne.Steneck@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: §§ 111 and 1310
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 125, Perchlorethylene Dry Cleaners
PROPOSED RULE NUMBER: 2013-P034
BRIEF SUMMARY: The Department is proposing to amend its Ch. 125 Perchlorethylene Dry Cleaners rule to simplify compliance for the regulated community and improve the rule's enforceability. Some of the provisions in Ch. 125 are no longer relevant (as they pertain to obsolete or outdated equipment that is no longer used by Maine dry cleaners), and other provisions lack the necessary specificity to be enforceable. These amendments will be submitted to EPA for approval in Maine's equivalency demonstration for 40 CFR Part 63, Subpart M.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: April 2, 2013 - 1:00 p.m., Department of Environmental Protection, Response Building, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: April 15, 2013 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585-A and 585-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP AIR QUALITY WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 162, Control for Fiberglass Boat Manufacturing Materials
PROPOSED RULE NUMBER: 2013-P035 (New)
BRIEF SUMMARY: The Department is proposing a new rule that will limit the emissions of volatile organic compounds (VOC) from fiberglass boatbuilding operations during the manufacture and repair of fiberglass boats. Fiberglass boatbuilding operations use polyester and vinylester resins to fabricate the various components of boats using molds that provide the desired shape for the finished products. Open molding operations, which are most commonly used in fiberglass boatbuilding, release significant amounts of VOC, predominately styrene, during the curing process. These rules are being proposed to pursuant to Section 184 of the federal Clean Air Act, which requires states to implement or update reasonably available control technology (RACT) controls on all major emission sources, and on source categories covered by a Control Technique Guideline (CTG) document. In September 2008, the U.S. Environmental Protection Agency published a CTG for fiberglass boat manufacturing materials that recommends control options for this source category. Maine's proposed rule is based on these recommendations, and reduces VOC emissions from larger boatbuilding sources with 5400 pounds per 12-month period or greater emissions. These amendments will be submitted to EPA for approval in Maine's State Implementation Plan.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: April 2, 2013 - 1:00 p.m., Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine
COMMENT DEADLINE: April 15, 2013 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP AIR QUALITY WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


ADOPTIONS


AGENCY: 16-226 - Department of Public Safety (DPS), Liquor Licensing and Inspections Unit
CHAPTER NUMBERA AND TITLES:
Ch. 1, Operation and Control of All Licensed Premises
Ch. 4, Premises Licensed as Wholesalers, Manufacturers and Certificate of Approval
Ch. 5, Labeling
Ch. 7, Advertising and Signs Applicable to All License Holders
Ch. 11, Agency Stores
Ch. 12, Licensing Procedure
Ch. 15, Signs and Advertising
ADOPTED RULE NUMBERS: 2013-049 thru 055
CONCISE SUMMARY:
Ch. 1 Rule 1.B
This amendment streamlines the licensing process for the applicant and the Bureau by requiring only a supplementary questionnaire for applicants that have two or more licensed facilities when there is no material change in the original information.
Ch. 1 Rule 7.A
This amendment provides consistency with the rules set forth by the Department of Health and Human Services regarding access by the public to toilet facilities on licensed premises.
Ch. 4 Rule 4.16
This amendment allows breweries or small breweries to charge a fee if a tour or samples are offered to the public, which is consistent with the statute.
Ch. 5 Rule 5.1
This amendment eliminates the requirement for a label change when only the vintage changes. This amendment would also be consistent with Federal Regulations.
Ch. 7 Rule 7.8
The current rule is redundant and this amendment eliminates duplication and possible conflict in interpreting signage used by licensees for malt and vinous products.
Ch. 7 Rule 7.10
This amendment increases the total value of advertising matter for use inside a retail premise furnished by a manufacturer or wholesaler from $1,000.00 to $1,500.00. This new increased total amount is not to include the value of a vinous inside electric sign.
Ch. 11 Rule 11.1, 11.2 and 11.4
This amendment provides consistency with the statute and defines the meaning of Bureau.
Ch. 12 Rule 12.2 and 12.5
This amendment provides the correct name and address of the Bureau by eliminating out of date language. Bureau of Liquor Enforcement, Station 87, Augusta, Maine 04333 is deleted. In addition, reference to the term Director is eliminated and replaced by the updated term Bureau.
Ch. 15 Rule 15.1
This amendment increases size of the letters of outside signs reading “Agency Liquor Store” from 18” to 24”.
EFFECTIVE DATE: March 9, 2013
AGENCY CONTACT PERSON: Sergeant Michael H. Zabarsky, 164 State House Station, Augusta, ME 04330-0164. Telephone: (207) 624-7212. E-mail: Michael.H.Zabarsky@Maine.gov .
WEBSITE: http://www.maine.gov/dps/liqr/index.html .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 02-373 - Department of Professional and Financial Regulation, Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 2, Physician Assistants
ADOPTED RULE NUMBER: 2013-056
CONCISE SUMMARY: The principal purpose for adopting Ch. 2, which repeals and replaces the existing Ch. 2, is to update the rule relating to the licensure and practice of physician assistants (PA) who are supervised by physicians licensed by the Board of Licensure in Medicine. The current proposed updates/changes to Ch. 2 include: adding inactive status license; eliminating the Organized Health Care Delivery System as a “supervisor”; requiring reports to Board if the PA is part owner or owner of or has significant financial control over the medical practice; clarifying supervision requirements and expectations; adding details to plan of supervision requirements; clarifying that the plan of supervision must be available at a primary administrative office located in Maine; providing a citation of $200 for not having a plan of supervision immediately available; requiring notification and explanation to the Board by the PA and primary supervising physician regarding the termination of a supervisory relationship; changing the terms of the members of the PA Committee to an unlimited number of 4-year appointments; clarifying that current NCCPA certification will meet CME requirements at renewal; allowing temporary and emergency licensed physicians to act as primary supervising physicians; and specifying that members of the PA committee may not hold leadership positions in other PA related private organizations.
EFFECTIVE DATE: March 9, 2013
AGENCY CONTACT PERSON: Dan Sprague, Board of Licensure in Medicine, 137 State House Station, Augusta ME 04333-0137. Telephone: (207) 287-6930. E-mail: Dan.Sprague@Maine.gov .
WEBSITE: http://www.docboard.org/me/me_home.htm .
AGENCY RULE-MAKING LIAISON: Jean.M.Greenwood@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services, Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2013-057 (Emergency)
CONCISE SUMMARY: This emergency rule implements a budget savings initiative of L.D. 250, An Act to Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. The amended rule reduces reimbursement rates for Licensed Clinical Professional Counselors (LCPC) and Licensed Marriage and Family Therapists (LFMT) by 5%. This change in rates requires a State Plan Amendment to be approved by the Centers for Medicare and Medicaid Services (CMS); the Department will request approval of a State Plan Amendment retroactive to the effective date of this rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 5, 2013
AGENCY CONTACT PERSON: Ann O’Brien, Comprehensive Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.O’Brien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program, Amendment 18
ADOPTED RULE NUMBER: 2013-058
CONCISE SUMMARY: The rule amendment is being changed to clarify the application process, including the applicable fees, for conduit bonds and credit enhanced bonds, including the coordination of these applications with Ch. 101 (Loan Insurance) where credit enhancement is provided solely through the Loan Insurance or Mortgage Insurance Funds.
EFFECTIVE DATE: March 13, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11.09, Atlantic Sea Scallop Harvesting Season (2)(C), and 11.22, 2012-13 Closures: (20) East Bay and South Bay Area
ADOPTED RULE NUMBER: 2013-059 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of a conservation closure of the East Bay and South Bay Area in order to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2012/2013 fishing season in this area may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. Prolonged fishing for the rest of the season in this area would cause damage to the resource due to mortality of scallops contacted by dredges during fishing operations. Incidental mortality on scallops caused by dragging has been estimated to be at least 13-17% per tow. Continued, sustained fishing in the East Bay and South Bay Area for the rest of the season is likely to have a negative impact on abundance of the 90-100 mm scallops that will recruit into the fishery for the 2013-14 season. A significant immediate conservation closure of East Bay and South Bay as well as a reduction of four days (two subsequent Sundays and Mondays - March 10,11,17,18) - from the remaining Zone 3 calendar is necessary to lessen the impact of dragging activities on sublegal product in the area. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in East Bay and South Bay as well as a reduction in the Zone 3 calendar of four days in order to reduce the risk of unusual damage and imminent depletion as authorized by 12 M.R.S. §6171(3).
EFFECTIVE DATE: March 9, 2013
AGENCY CONTACT PERSON: Trish De Graaf, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6554. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.DeGraaf@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
ADOPTED RULE NUMBER: 2013-060
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of March 26, 2012.
EFFECTIVE DATE: March 16, 2013
AGENCY CONTACT PERSON: Pamela D. Taylor, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7932. E-mail: Pamela.Taylor@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/ .
DOL RULE-MAKING LIAISON: Susan.Wasserott@Maine.gov .



AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
ADOPTED RULE NUMBER: 2013-061
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing occupational safety and health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of November 8, 2010.
EFFECTIVE DATE: March 16, 2013
AGENCY CONTACT PERSON: Pamela D. Taylor, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7932. E-mail: Pamela.Taylor@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/ .
DOL RULE-MAKING LIAISON: Susan.Wasserott@Maine.gov .