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Home > Weekly Rule-making Notices > September 25, 2013

September 25, 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: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 1 Ch. 1 thru 11: Rules for Mixed Martial Arts
PROPOSED RULE NUMBER: 2013-P195 thru P205
BRIEF SUMMARY: These routine technical rules elaborate the Authority's ability, established by 8 M.R.S. Ch. 20, to supervise mixed martial arts events. They repeal and replace existing Ch. 1 through 11 of the Authority's Rules for Mixed Martial Arts, in order to address more comprehensively regulatory concerns, enhance health and financial protections for competitors, eliminate duplication in the present rules, and refine the present texts for easier compliance by participants. They cover topics including judging; refereeing; qualifications for and duties of promoters, competitors, managers, seconds, ringside physicians, inspectors, timekeepers, and any other participants for whom the Authority may require certification; rules of competition; requirements for event liability and workers compensation insurance; procedures for promoters' collection and remittance of gate revenues; mandatory financial disclosure by promoters; and measures including the provision of medical and event security personnel to ensure the orderly and safe occurrence of events for the benefit of both participants and the public.
DETAILED BASIS STATEMENT / SUMMARY: These rules repeal and replace present texts, correct technical errors, clarify terminology and its applicability, and provide greater guidance to authorized participants as to permissible activities. The rules add requirements resulting from the Authority's experience to date, which has revealed the necessity to address more comprehensively regulatory concerns including safety issues for competitors and the public, and ease of compliance by participants. The Authority will enforce the rules through the certification, i.e., the licensing process, and maintenance of a presence at events.
Ch. 1 sets forth generally requirements for authorized participants' certifications, the location of and permissible activities at competitions, the conduct of events, and the powers of members of the Authority.
Ch. 2 identifies technical requirements for competitions, including weight classifications; glove weights; fighting areas' specifications; equipment; combatants' apparel and physical appearance; round duration; and the presence of judges, referees, physicians, emergency medical technicians, inspectors, and ambulances.
Ch. 3 sets forth the criteria for judging and refereeing mixed martial arts competitions.
Ch. 4 establishes the qualifications for and the duties of judges of mixed martial arts competitions.
Ch. 5 establishes the qualifications for and duties of referees of mixed martial arts competitions.
Ch. 6 establishes the qualifications for and duties of promoters of mixed martial arts competitions. Duties imposed include responsibility for ensuring the attendance of officials; responsibility for ensuring the presence of physicians for the protection of combatants; responsibility for ensuring that there is an adequate police and other security presence at events; responsibility for ensuring that a venue is safe; responsibility for providing adequate event liability and workers compensation insurance coverage, in order to protect combatants and the public; and responsibility for ensuring that an ambulance, other medical equipment, and emergency medical technicians are available; responsibility for making financial disclosures, in order to protect the integrity of the sport; and responsibility for ensuring that certification and event fees are paid, surplus of which over costs accrue to the State pursuant to 8 M.R.S. §525.
Ch. 7 establishes the qualifications for and duties of mixed martial artists. Duties imposed include responsibility for testing for the HIV virus and hepatitis, in order to limit exposure to those pathogens. Similarly, Ch. 7 provides for drug-testing of competitors, in order to protect combatants. Ch. 7 mandates pre-fight and post-fight medical ({i) examinations to ensure that fighters ore fit and safe. Ch. 7 also outlines certain duties of the Authority regarding interstate notice of disciplinary suspension of authorized participants in mixed martial arts competitions.
Ch. 8 establishes qualifications for and duties of managers, trainers, seconds, cutpersons, scorekeepers, and cornerpersons. It also identifies certain authorized/prohibited activities and equipment.
Ch. 9 establishes the qualifications for and duties of attending physicians at mixed martial arts competitions. Qualifications are designed to ensure the health and safety of combatants.
Ch. 10 establishes the requirements for and duties of inspectors at mixed martial arts competitions, in order to ensure, among other things, that events proceed in an orderly and safe fashion.
Ch. 11 establishes the qualifications for and duties of timekeepers at mixed martial arts competitions.
Ch. 1 through 11 are routine technical rules promulgated pursuant to 5 M.R.S. Ch. 375 sub-chapter U. Sources for the rules content include Authority members' previous experience with mixed martial arts. The public can obtain a copy of the proposed rules by contacting the Authority:
• By mail addressed to: Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104;
• By telephone at (207) 956-0404; or
• By electronic mail addressed to info@csamaine.com .
PUBLIC HEARING: At 3:00 p.m. on October 16, 2013 the Authority will hold a public hearing to receive comments on Ch. 1 through 11. Hearing will be held in Room 208 of the Burton Cross State Office Building (the building directly behind the State House), 109 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: Until 5:00 p.m. October 28, 2013, the public can send written comments (including e-mails) on Ch. 1 through 11 to the contact person whose address appears below.
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525 Portland, ME 04104. Telephone: (207) 956-0404. E-mail: info@csamaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 8 M.R.S. §523
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: www.csamaine.com .



AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 1, Rules for Mixed Martial Arts: Ch. 12, Fees for Mixed Martial Arts Contests and Authorized Participants
PROPOSED RULE NUMBER: 2013-P206 (major substantive)
BRIEF SUMMARY: These major substantive rules set forth fees for certification of mixed martial arts events and authorized participants in those events. The fees finance the Authority's regulatory activities. The rules set forth fees for calendar years 2013 and 2014. Any surplus beyond operational costs accrues to the State pursuant to 5 M.R.S. §525.
DETAILED BASIS STATEMENT I SUMMARY: Ch. 12 sets forth major substantive roles establishing the fees required to be paid for certifications issued by the Authority. These rules are promulgated in satisfaction of the Authority’s obligations to adopt rules pursuant to 8 M.R.S. §523 elaborating the Legislature’s regulatory scheme for mixed martial arts competitions in the State. The Authority is required to finance its regulatory activity by imposing fees for event and participants· certification. These roles set forth those fees for calendar years 2013 and 2014. The fees are the principal source of revenue from mixed martial arts events and result in revenue accruing to the State pursuant to 8 M.R.S. §525.
Ch. 12 sets forth the following fees:
Fees Effective for 2013
1. Event: $100 per reserved event date
2. Promoter: S25.00
3. Judge: $25.00
4. Referee: $25.00
5. Mixed Martial Artist: $25.00
6. Manager, Second, Trainer, Cutperson, Corerperson: $25.00
7. Physician: $25.00
8. Timekeeper, Scorekeeper: $25.00
9. Inspector: $00.00
Fees Effective for 2014
1. Event: $100 per reserved event date
2. Promoter: $30.00
3. Judge: $30.00
4. Referee: $30.00
S. Mixed Martial Artist: $30.00
6. Manager, Second, Trainer, Cutperson, Cornerperson: $30.00
7. Physician: $30.00
8. Timekeeper, Scorekeeper: $30.00
9. Inspector: $00.00
Ch. 12 sets forth major substantive rules promulgated pursuant to 5 M.R.S. §8072. The public can obtain a copy of the proposed rules by contacting the Authority:
• By mail addressed to: Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104;
• By telephone at (207) 956-0404; or
• By electronic mail addressed to info@csamaine.com .
PUBLIC HEARING: At 3:00 p.m. on October 16. 2013, the Authority will hold a public hearing to receive comments on Ch. 12. Hearing will be held in Room 208 of the Burton Cross State Office Building (the building directing behind the State House, 109 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: Until 5:00 p.m. October 28, 2013, the public can send comments on Ch. 12 to the contact person whose address appears below.
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525 Portland, ME 04104. Telephone: (207) 956-0404. E-mail: info@csamaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 8 M.R.S. §§ 523, 529
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: www.csamaine.com .



AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 2 Ch. 1 thru 12: Rules for Boxing
PROPOSED RULE NUMBER: 2013-P207 thru P218
BRIEF SUMMARY: These routine technical rules elaborate the Authority's ability, established by 8 M.R.S. Ch. 20, to supervise boxing events and satisfy the Authority’s obligation to adopt rules pursuant to 8 M.R.S. §523. They provide authorized participants greater guidance as to permissible activities and institute requirements designed to protect the health and safety of participants and the public. Topics they cover include: judging; refereeing; promotion; qualifications for and duties of competitors, promoters, managers, seconds, ringside physicians, Inspectors, timekeepers, and other participants for whom the Authority may require certification; qualification and mandatory procedures for holding an event; rules of competition; requirements for event liability and workers compensation insurance; measures applicable exclusively to women boxers; fees for certification of events and participants; procedures for promoters' collection and remittance of gate revenues; and promoters' obligations for financial disclosure,
DETAILED BASIS STATEMENT / SUMMARY: These rules clarify statutory terminology and its applicability in order to provide greater guidance to as to permissible activities by authorized participants. The rules impose requirements resulting from the Authority’s experience to date with regulation of mixed martial arts competitions, which has revealed the necessity to address more comprehensively regulatory concerns including safety issues for competitors and the public and the ease of compliance by participants. Requirements are consistent with nationally-recognized standards. The Authority will enforce the rules through the certification, i.e., the licensing process and maintenance of a presence at events.
Ch. I sets forth general requirements for authorized participants' certifications, the location of permissible activities at competitions, the rules of competition, and the powers of members of the Authority.
Ch. 2 identifies technical requirements for competitions, including weight classifications; glove weights; fighting areas' specifications; permissible/prohibited equipment; combatants' apparel and physical appearance; round duration; and the presence of judges, referees, physicians, emergency medical technicians, inspectors, and ambulances.
Ch. 3 sets forth the criteria for judging and refereeing boxing competitions.
Ch. 4 establishes the qualifications for and the duties of judges of boxing competitions.
Ch. 5 establishes the qualifications for and duties of referees of boxing competitions.
Ch. 6 establishes the qualifications for and duties of promoters of boxing competitions. Duties imposed include responsibility for ensuring the attendance of officials; responsibility for ensuring the presence of attending physicians for the protection of combatants; responsibility for ensuring that there is an adequate police and other security presence at events; responsibility for ensuring that a venue is safe for a scheduled event; responsibility for providing adequate event liability and workers compensation insurance coverage; responsibility for ensuring that an ambulance. other medical equipment, and emergency medical technicians are available, in case those are needed; responsibility for making financial disclosures, in order to protect the integrity of the sport; and responsibility for ensuring that certification and event fees are paid.
Ch. 7 establishes the qualifications for and duties of boxers. Duties imposed include responsibility for testing for the HIV virus and hepatitis, in order to limit exposure to those pathogens. Similarly, Ch. 7 provides for drug testing of competitors, in order to protect combatants. Ch. 7 mandates pre-fight and post-fight medical examinations to ensure that fighters are fit and safe. Ch. 7 also outlines certain duties of the Authority regarding interstate notices of disciplinary suspensions of authorized participants in boxing competitions.
Ch. 8 establishes qualifications for and duties of managers, trainers, seconds, cutpersons, scorekeepers, and cornerpersons. It also identifies certain authorized/prohibited activities relating to those persons and the use of equipment.
Ch. 9 establishes the qualifications for and duties. of attending physicians at boxing competitions. Qualifications are designed to ensure the health and safety of combatants.
Ch. 10 establishes the requirements for and duties of inspectors at boxing competitions, in order to ensure, among other things, that events proceed in an orderly and safe fashion.
Ch. 11 establishes the qualifications for and duties of timekeepers at boxing competitions.
Ch. 12 sets forth requirements applicable exclusively to women boxers.
Ch. 1 through 12 set forth routine technical rules promulgated pursuant to 5 M.R.S. Ch. 375, sub-chapter II. Sources for the rules include Authority members' own experiences in the sport of boxing.
The public can obtain a copy of the proposed rules by contacting the Authority:
• By mail addressed to: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104;
• By telephone at (207) 956-0404; and
• By electronic mail addressed to info@csamaine.com .
PUBLIC HEARING: At 3:00 p.m. on October 16, 2013 the Authority will hold a public hearing to receive comments on Ch. 1 through 12. Hearing will be held in Room 208 of the Burton Cross State Office Building (building directly behind the State House), 109 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: Until 5:00 p.m. October 28, 2013, the public can send written comments (including e-mails) on Ch. 1 through 12 to the contact person whose address appears below.
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525 Portland, ME 04104. Telephone: (207) 956-0404. E-mail: info@csamaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 8 M.R.S. §523
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: www.csamaine.com .



AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Part 1, Rules for Boxing: Ch. 13, Fees for Boxing Events and Authorized Participants
PROPOSED RULE NUMBER: 2013-P219 (major substantive)
BRIEF SUMMARY: These major substantive rules set forth fees for certification of boxing events and participants in those events. The fees finance the Authority's regulatory activities. The rules set forth fees for 2013 and 2014.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 13 sets forth major substantive rules establishing the fees required to be paid for certifications issued by the Authority. These rules are promulgated in satisfaction of the Authority's obligations to adopt rules pursuant to 8 M.R.S. §523 elaborating the Legislature's regulatory scheme for boxing competitions in the State. The Authority is required to finance its regulatory activity by imposing fees for event and participants' certification. These roles set forth those fees for calendar years 2013 and 2014. The fees are the principal source of revenue from boxing events and result in revenue in excess of operational costs accruing to the State, pursuant to 8 M.R.S. §525.
Ch. 13 sets forth the following fees:
Fees Effective for 2013
1. Event; $100 per reserved event date
2. Promoter: $25.00
3. Judge: $25.00
4. Referee $25.00
5. Boxer: $25.00
6. Manager, Second, Trainer, Cutperson, Cornerperson: $25.00
7. Physician: $25.00
8. Timekeeper, Scorekeeper: $25.00
9. Inspector; $00.00
Fees Effective for 2014
1. Event: $100 per reserved event date
2. Promoter: $30.00
3. Judge: $30.00
4. Referee: $30.00
5. Boxer: $30.00
6. Manager, Second, Trainer, Cutperson, Comerperson: $30.00
7. Physician: $30.00
8. Timekeeper, Scorekeeper: $30.00
9. Inspector: $00.00
Ch. 13 sets forth major substantive rules promulgated pursuant to 5 M.R.S. §8072. The public can obtain a copy of the proposed rules by contacting the Authority:
• By mail addressed to: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104;
• By telephone at (207) 956-0404; and
• By electronic mail addressed to info@csamaine.com .
PUBLIC HEARING: At 3:00 p.m. on October 16, 2013, the Authority will hold a public hearing to receive comments on Ch. 13. Hearing will be held in Room 208 of the Burton Cross State Office Building (the building directly behind the State House), 109 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: Until 5:00 p.m. October 28, 2013, the public can send written comments (including e-mails) on Ch. 13 to the contact person whose address appears above.
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525 Portland, ME 04104. Telephone: (207) 956-0404. E-mail: info@csamaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 8 M.R.S. §523
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: www.csamaine.com .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule #271P: Part 8 Sections 2, 3, 4, Asset Test for Medicare Buy-In (Medicare Savings Program [MSP]
PROPOSED RULE NUMBER: 2013-P220
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL 2013 ch. 368, page 360), to include a liquid asset test in eligibility determinations for the Medicare Savings Program (MSP) using the same asset test used for the state-funded home-based care program. Effective January 1, 2014, a liquid asset limit of less than or equal to $50,000 per person or $75,000 per couple will be applied to the following beneficiaries: Qualified Medicare Beneficiary (QMB), Specified Low Income Medicare Beneficiary (SLMB), and Qualifying Individual (QI).
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Midnight, October 25, 2013
AGENCY CONTACT PERSON: Lea Kendall, 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: Maine Relay 711. E-mail: Lea.Kendall@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173; Public Law 2013 ch. 368 (page 360)
WEBSITE: http://www.maine.gov/dhhs/ofi/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining
PROPOSED RULE NUMBER: 2013-P221 (major substantive)
BRIEF SUMMARY: This new rule is being proposed to implement the Maine Metallic Mineral Mining Act, 38 M.R.S. §490-ll et seq., and will repeal and replace the existing Ch.200, “Metallic Mineral Exploration, Advanced Exploration and Mining” rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining.
Under the proposal, exploration activities do not require a permit, but must instead submit a work plan and meet a number of performance standards designed to protect natural resources and properly restore the exploration site.
Advanced exploration activities, which involve more extensive sampling (along with the potential for more significant environmental impacts) require a Department permit, with Tier One advanced exploration activities involving the excavation and removal of up to 1000 tons of material, and Tier Two advanced exploration activities excavating and removing up to 5000 tons of excavated material. Under an advanced exploration mining permit, the on-site processing of samples is limited to mechanical size alteration (crushing) and sorting. Tier One and Tier Two advanced exploration activities are subject to permitting requirements that may include (depending on the activity) blasting standards, financial assurance requirements, a reactive mine waste characterization plan, measures to monitor, limit and control any acid rock drainage or metal leaching, a baseline site characterization report, an environmental impact assessment, interim and final closure plans, and plans for the management of excavation and processing waste.
Mining activities which involve the excavation of 5000 tons or more of material are subject to more extensive permitting requirements that include (in addition to the above), a quality assurance plan, monitoring plan, and reactive mine and hazardous materials monument plans. In addition, since these mining activities can include on-site beneficiation of ore and disposal of reactive mine wastes, applicants must demonstrate that mine waste units meet minimum performance requirements designed to prevent the contamination of surface and groundwater.
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: October 17, 2013 - 9:00 a.m., Augusta Civic Center, Civic Center Drive, Augusta, Maine
COMMENT DEADLINE: October 28, 2013 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Crawford Maine Dept. of Environmental Protection 17 State House Station Augusta, ME 04333. Telephone: (207) 287-2647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: Public Law 2011 ch. 853; 28 MRS §490-NN(1)(B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 335, Significant Wildlife Habitat
PROPOSED RULE NUMBER: 2013-P222
BRIEF SUMMARY: The proposed rule-making amends Ch. 335 to be consistent with statutory changes enacted in PL 2011 ch. 362. These changes clarify the effect of vernal pool regulation on adjacent property owners, clarify the regulation of vernal pools which straddle property boundaries, and clarify the regulation of artificially created vernal pools.
Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ .
PUBLIC HEARING: October 15, 2013, 1:00 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, Maine.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 25, 2013. 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.
CONTACT PERSON FOR THIS FILING: Mike Mullen, DEP 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2011 ch. 362
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 405, Maine Solid Waste Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization
PROPOSED RULE NUMBER: 2013-P223
BRIEF SUMMARY: The rule is being revised to clarify that analytical work submitted to the Department in conformance with the standards and requirements of the Maine Solid Waste Management Rules must be conducted by laboratories with appropriate certifications. The Maine Department of Health and Human Services requires laboratory certifications in accordance with 22 M.R.S. §567 and the Maine Comprehensive and Limited Environmental Laboratory Certification Rules (10-144 CMR 263). The proposed rule states that fact.
PUBLIC HEARING: The department has determined that a public hearing on the proposed rule is not needed. If you believe a hearing should be held, submit a written request by the comment deadline below.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 25, 2013. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE: Paula M. Clark, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7718. Fax: (207) 287-7826. E-mail: Paula.M.Clark@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 38 M.R.S. §1304(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES: Maine Solid Waste Management Rules:
Ch. 409, Processing Facilities; and
Ch. 410, Composting Facilities
PROPOSED RULE NUMBER: 2013-P224, P225
BRIEF SUMMARY: As required by Resolves 2013 ch. 43 ("Resolve, Directing the Department of Environmental Protection To Develop Quantitative Odor Management Standards") the Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Processing Facilities, 06-096 CMR 409 and Composting Facilities, 06-096 CMR 410. The revisions incorporate quantitative odor management standards for facilities that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage.
PUBLIC HEARING: October 15, 2013, 1:00 p.m., DEP Response Building, 4 Blossom Lane, Augusta, Maine 04333
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 25, 2013. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE: Paula M. Clark, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7718. Fax: (207) 287-7826. E-mail: Paula.M.Clark@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None, unless a municipality is the owner/operator of a facility that processes wastewater from publicly owned treatment works or septage, in which case the municipality would be responsible for compliance with the quantitative odor management standards at its facility.
STATUTORY AUTHORITY FOR THIS RULE: 38 M.R.S. §1304(1), Resolves 2013 ch. 43
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBER: 2013-P226
BRIEF SUMMARY: The proposed rule-making amends current requirements by providing additional options for conducting a site assessment at the time of the abandonment of an underground oil storage tank or facility, and updates installation, operation and maintenance requirements for underground storage facilities to be consistent with changes in industry and national standards of practice and changes in technology.
Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ .
PUBLIC HEARING: October 15, 2013, 1:00 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, Maine.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 25, 2013. 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.
CONTACT PERSON FOR THIS RULE: George Seel, DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7166. Fax: (207) 287-7826. E-mail: George.J.Seel@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES; None
STATUTORY AUTHORITY FOR THIS RULE: 38 M.R.S. §561 et seq.
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE Ch. 607, OFI Maine ASPIRE/TANF Program, Rule #18A, Misuse of Cash Benefits Violations, Section 4: Participants’ Rights & Responsibilities; Sanctions, Good Cause; Fair Hearings; Confidentiality; Overpayment Procedures
ADOPTED RULE NUMBER: 2013-222
CONCISE SUMMARY: This rule will enact a portion of Public Law Ch. 687 (LD 1888 – An Act to Strengthen the State’s Ability to Investigate and Prosecute the Misuse of Public Benefits) passed by the 125th Legislature to ensure that public benefits are used as intended.
As a result of the rule change, a recipient may not use the “cash benefits” of an Electronic Benefits Transfer (EBT) card in a retail establishment where 50% or more of the gross revenue of the establishment is derived from the sale of liquor; a gambling facility, except that use of the electronic benefits transfer system is permitted in any portion of the premises of a gambling facility that is set aside separately for the sale primarily of staple foods; a retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
Unauthorized spending of benefits will result in an Intentional Program Violation (IPV) and, when discovered, a referral will be made to the Fraud Investigation Unit for further review and recovery.
EFFECTIVE DATE: September 24, 2013
AGENCY CONTACT PERSON: Liz Ray, ASPIRE 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) 624-4107. TTY: 711 (Maine Relay). E-mail: Liz.Ray@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 01-001 – Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: Ch. 266, Hemlock Woolly Adelgid Quarentine
ADOPTED RULE NUMBER: 2013-223
CONCISE SUMMARY: This amended rule modifies the existing Hemlock Woolly Adelgid quarantine by adding 81 towns in Maine and additional counties in other states that have been found to be infested with this pest to the area under quarantine. It also removes logs from the list of regulated articles and simplifies some of the reporting requirements imposed on State Plant Regulatory Officials in states that are free of this pest.
EFFECTIVE DATE: September 25, 2013
AGENCY CONTACT PERSON: Ann Gibbs, Agriculture, Conservation & Forestry, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7602. E-mail: Ann.Gibbs@Maine.gov .
WEBSITE: http://www.maine.gov/acf/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .