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Home > Weekly Rule-making Notices > April 17, 2013

April 17, 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 130, Solvent Cleaning
PROPOSED RULE NUMBER: 2013-P049
BRIEF SUMMARY: The Department's proposal adds an Industrial Solvent Cleaning section to the rule which includes exemptions, compliance standards and recordkeeping requirements. While certain activities may be exempt, recordkeeping requirements apply to all such activities. Compliance standards include work practices to minimize VOC emissions from the use, handling, storage and disposal of cleaning solvents and shop towels.
VOC emissions are also minimized by using cleaning solvents that meet a certain VOC limit, vapor pressure limit or are controlled by air pollution control equipment. The compliance date for the proposed amendments is January 1, 2016. These amendments will be submitted to EPA as a revision to Maine's State Implementation Plan. Copies of this rule 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 listed above 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: No public hearing scheduled - 30 day written comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: May 17, 2013, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey S. Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-2814. 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):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 90-668 - Maine Charter School Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Commission Organization and Operation
PROPOSED RULE NUMBER: 2013-P050
BRIEF SUMMARY: The Maine Charter School Commission is proposing a rule that will describe the procedures for its organization and operation. It will address the following:
* The composition of the Commission;
* The officers, work groups, representation, office and staff of the Commission;
* The meetings of the Commission, their frequency, public notice, public participation, agenda and rules of conduct, quorum, voting and minutes;
* The reports required and the location of records of the Commission;
* The funding and reimbursement of expenditures of the Commission.
The Commission looked at similar public bodies’ rules as a template for their own.
Citation of primary sources:
* Professional Judgment;
* Ethics Commission Rules.
PUBLIC HEARING: May 6, 2013, 9:00 a.m. – 10:30 a.m., Burton Cross State Office Building, 111 Sewall Street Augusta - Room 104, Augusta, ME.
COMMENT DEADLINE: May 16, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Robert Kautz, Maine Charter School Commission, 182 State House Station, Augusta, Maine 04333-0182. Telephone: (207) 624-6728. E-mail: Bob.Kautz@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: State and local school Funding follows pupils.
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A §2405 sub-§8 paragraph B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 20-A ch. 112
WEBSITE: http://www.maine.gov/csc/ .
DEPARTMENT OF EDUCATION RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 90-668 - Maine Charter School Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Procedures For Commission Authorization of Public Charter Schools
PROPOSED RULE NUMBER: 2013-P051
BRIEF SUMMARY: The Maine Charter School Commission is proposing revisions to Ch. 2 to address the following:
* In Section 2,3 – add procedures for correspondence by applicants to the Commission after the receipt of applications;
* In Section 4,1 – change the number of days and timing for the review for completeness;
* In Section 7, 1 – add the word ‘geographic’ to describe the community that will be impacted by a proposed charter school;
* In Section 8,2 – describes the process for acting on a conditionally approved application.
Brief Summary of the Relevant Information Considered during the Preparation of the Rule: The revisions were based on the experience of the Commission in processing applications.
Citation of Primary Sources (Title 5 §8063-B): Professional Judgment.
PUBLIC HEARING: May 6, 2013, 10:30 a.m. – 12 noon, Burton Cross State Office Building, 111 Sewall Street Augusta - Room 104, Augusta, ME.
COMMENT DEADLINE: May 16, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Robert Kautz, Maine Charter School Commission, 182 State House Station, Augusta, Maine 04333-0182. Telephone: (207) 624-6728. E-mail: Bob.Kautz@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES MRS Title 20-A §2413, 2. Revenue provisions. State and local operating funds follow each student to the public charter school attended by the student, except that the school administrative unit of the student’s residence may retain up to 1% of the per-pupil allocation described in this subsection to cover associated administrative costs.
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A §2405 sub-§8 paragraph B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 20-A ch. 112
WEBSITE: http://www.maine.gov/csc/ .
DEPARTMENT OF EDUCATION RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 206, Standards for Designating and Certifying Eligible Telecommunications Carriers Qualified to Receive Federal Universal Service Fund Support
PROPOSED RULE NUMBER: 2013-P052
BRIEF SUMMARY: The purpose of this rule-making is to amend Ch. 206 of the Public Utilities Commission’s rules which establishes standards for the designation and annual certification of Eligible Telecommunications Carriers (ETC). Under the proposed amendments, the Commission will no longer certify carriers that apply for ETC designation for the sole purpose of offering Lifeline, Link-Up, or other low-income program benefits. Going forward, such carriers will apply to the Federal Communications Commission for ETC designation.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: May 17, 2013 – Written comments on the proposal to amend this rule may be filed using the Commission’s case management system no later than May 17, 2013. All comments will appear in the Commission’s case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00220 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jordan McColman, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. E-mail: Jordan.McColman@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, and 7104(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 294, Lifeline (formerly Lifeline and Link-Up Service Programs)
PROPOSED RULE NUMBER: 2013-P053
BRIEF SUMMARY: The purpose of this rule-making is to amend Ch. 294 of the Public Utilities Commission’s rules which established eligibility criteria for Lifeline and Link-Up programs. After the rule amendment, the only portion of Ch. 294 that will remain is Section 3(3) which deals with the state discount Eligible Telecommunications Carriers are required to offer to Lifeline customers. Eligibility and verification procedures for the state discount will be the same as those established by Federal Communications Commission rules for the federal Lifeline benefit.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: May 17, 2013 – Written comments on the proposal to amend this rule may be filed using the Commission’s case management system no later than May 17, 2013. All comments will appear in the Commission’s case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00221 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jordan McColman, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. E-mail: Jordan.McColman@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 7101, 7104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Recreational Lodging Initiative)
PROPOSED RULE NUMBER: 2013-P054
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, Regarding the Recreational Lodging Initiative. The Commission proposes to update its rules regarding recreational lodging uses based on industry feedback in order to better accommodate changing market demand for recreational services.
PUBLIC HEARINGS: May 8, 2013, 1:00 p.m., Millinocket (Baxter State Park Headquarters Conference Room, 64 Balsam Drive); and May 14, 2013, 4-5:00 p.m. and 6-8:00 p.m., Farmington (University of Maine at Farmington, 224 Main Street, Olsen Student Center Building, North Dining Hall, Sections B & C)
COMMENT DEADLINE: Written comments must be submitted on or prior to May 24, 2013; written rebuttal comments must be submitted on or prior to June 3, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov. Website: www.maine.gov/doc/lupc.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-A,3 and 10; and §685-C,5,A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC RULE-MAKING LIAISON: Samantha.Horn-Olsen@Maine.gov .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 855, Health Insurance Payment Reform Pilot Projects
ADOPTED RULE NUMBER: 2013-081
CONCISE SUMMARY; This rule establishes procedures and policies applicable for approval of health insurance payment reform pilot projects not otherwise authorized by law.
EFFECTIVE DATE: April 13, 2013
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 4, Municipal Shellfish Conservation Warden Revision
ADOPTED RULE NUMBER: 2013-082
AGENCY CONTACT PERSON FOR THIS FILING: Kevin Rousseau. Telephone: (207) 624-6573.
CONCISE SUMMARY: This rule-making adoption provides clarifications to the procedures for certification, recertification and revocation of certification of municipal shellfish conservation wardens. The adopted regulation includes: clarification as to which violations result in the revocation or suspension a warden's certification; changes to the language so municipalities will no longer be responsible for managing a warden's certification or recertification as it would become the individual person's responsibility; removal of the warden's biannual reporting requirement; and further clarification on the laws a shellfish warden can enforce within their jurisdiction.
CHAPTER NUMBER AND TITLE: Ch. 34.10(8), Winter Flounder Limit Increase
ADOPTED RULE NUMBER: 2013-083
AGENCY CONTACT PERSON FOR THIS FILING: Kevin Rousseau. Telephone: (207) 624-6573.
CONCISE SUMMARY: This rule-making adoption will increase the daily winter flounder commercial possession limit from 250 to 500 pounds. It also removes the October 1 through June 30 recreational seasonal closure in order to allow recreational anglers to possess winter flounder year round. The State of Maine is mandated to implement and enforce fisheries management plans of the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA). The Commission's Winter Flounder Management Board voted to increase the winter flounder commercial possession limit from 250 to 500 pounds during their October 22, 2012 meeting.
CHAPTER NUMBER AND TITLE: Ch. 42.01(1)(C), Striped Bass Circle Hook Exemption
ADOPTED RULE NUMBER: 2013-084
AGENCY CONTACT PERSON FOR THIS FILING: Kevin Rousseau. Telephone: (207) 624-6573.
CONCISE SUMMARY: This rule-making adoption regarding striped bass will allow anglers to fish for these species with a traditional rubber/latex tube rig lure that has bait attached to the tail end. This lure will not fish properly with a circle hook as is currently required beginning January 1, 2013 under Ch. 42.01(1)(C). These rubber/latex tube rigs have a very low incidence of gut-hooking fish thus a low incidence of hook mortality.
This type of rig is fished primarily along the southern part of the Maine coast.
CHAPTER NUMBER AND TITLE: Ch. 45.01(E) and 45.05(1)(A), Shrimp Season, 2013
ADOPTED RULE NUMBER: 2013-085
AGENCY CONTACT PERSON FOR THIS FILING: Chris Vonderweidt. Telephone: (207) 624-6558.
CONCISE SUMMARY: This rule-making makes permanent the changes for the 2013 shrimp fishing season that were temporarily adopted via emergency rule-making on January 16, 2013.
The emergency rule-making was necessary to comply with 2013 fishing season specifications of the Atlantic States Marine Fisheries Commission (ASMFC) Northern Shrimp Section (Section) and to allow the Commissioner to adjust effort control measures (days out, trip limits, time limits, trap limits, etc.) to effectively manage the fishery. The Atlantic Coastal Fisheries Cooperative Management Act legally obligates all Atlantic coast states to implement and enforce fisheries management plans of the ASMFC.
In addition to complying with the ASMFC, and consistent with the emergency rule-making, this rule would also require an individual to fish for shrimp with either trawl or trap gear exclusively, in an effort to extend the fishery. It would also allow the Commissioner to continue to make adjustments to effort control measures based on updated landing information. As demonstrated during the 2013 fishing season, this authority allows the Commissioner to quickly adapt to changes in weather and catch rates to maximize fishing opportunities for fishermen while preventing quota overages. The rule would also formalize the initial 2013 specifications to provide a record of the 2013 season. Finally, the rule moves the definition of "landing" to the "definitions" section of Ch. 45.
CHAPTER NUMBER AND TITLE: Ch. 50.02, Spiny Dogfish Trip Limit Increase
ADOPTED RULE NUMBER: 2013-086
AGENCY CONTACT PERSON FOR THIS FILING: Chris Vonderweidt. Telephone: (207) 624-6558.
CONCISE SUMMARY: This adopted rule will increase the spiny dogfish commercial daily trip limit from 3,000 to 4,000 pounds effective May 1, 2013, clarify that spiny dogfish trip limits are the maximum amount that can be landed in a calendar day or 24hour period, and remove language that references an obsolete seasonal quota allocation. The State of Maine is mandated to implement and enforce fisheries management plans of the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA).
The Commission's Spiny Dogfish & Coastal Shark Management Board increased the daily trip limit to 4,000 pounds for the 2013/2014,2014/2015, and 2015/2016 fishing seasons. When drafting rule-making to increase the trip limit, DMR staff noticed that the regulatory language specifying spiny dogfish trip limits does not specify "per calendar day or 24-hour period" as required in the Commission's Interstate Fisheries Management Plan (FMP) for Spiny Dogfish. It was also noticed that the regulations specify a seasonal quota allocation and was replaced in 2009 with a regional allocation in Addendum II to the FMP. Both issues are rectified with this rule-making.
EFFECTIVE DATE: April 16, 2013
AGENCY NAME: Department of Marine Resources, 21 State House Station Augusta, ME 04333-0021
E-MAIL: dmr.rulemaking@maine.gov .
TELEPHONE: (207) 624-6573
FAX: (207) 624-6024
TTY: (888) 577-6690(Deaf/Hard of Hearing)
WEBSITE: http://www.maine.qov/dmr/rulemaking .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .