April 30, 2014

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/index.html. 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. 119, Motor Vehicle Fuel Volatility Limit
PROPOSED RULE NUMBER: 2014-P019 (additional comment period)
BRIEF SUMMARY: The Department is proposing to align Ch. 119 with PL 2014 ch. 453, and delay implementation of the Reformulated Gasoline requirements until June 1, 2015. Since this may be considered a substantial change, the Department is providing an additional written comment period.
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/ . 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: None, the Department is scheduling an additional written comment period on certain changes to its proposal which may be considered substantial changes.
COMMENT DEADLINE: May 13, 2014 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lynne Cayting, Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7599. Fax: (207) 287-7641. E-mail: Lynne.A.Cayting@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 38 MRSA §585-A, §585-N
SUBSTANTNE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2014 Ch. 453
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2014-P083
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing the following amendment to the current fishing regulation: Fish River Excluding Throughfares (note: bullet 4 in current rulebook) - From the Fish River Falls in Fort Kent downstream to the St. John River: S-6, S-13, S-16. Closed to the taking of live baitfish. From October 1 - March 31: S-6, S-7, S-13, and open to the taking of muskellunge.
PUBLIC HEARING: None scheduled, one may be requested.
COMMENT DEADLINE: May 30, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None 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: 90-668 - Maine Charter School Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Procedures for Charter School Renewal
PROPOSED RULE NUMBER: 2014-P084
BRIEF SUMMARY: The Maine Charter School Commission is proposing a rule that sets forth the process by which the Commission will decide whether to renew the charter of a public charter school in accordance with Title 20-A §2411 of the Maine Revised Statutes, “Charter term and Renewal”. It will address the following:
School Performance Report
Renewal Application Guidance
Renewal Application
Criteria
Review Process
Commission Decision.
DETAILED BASIS STATEMENT / SUMMARY: (same)
Brief Summary of the Relevant Information considered during the Preparation of the Rule: The Commission looked at similar public bodies' rules as a template for their own. As well as, the resources of the National Association of Charter School Authorizers (NACSA)in reference to charter school renewal.
Citation of primary sources:
Professional Judgment;
NACSA Document: Core Charter School Renewal Application and Guidance.
PUBLIC HEARING: May 19, 2014, 9:30 a.m. – 10:30 a.m., Burton Cross State Office Building – Room 600, 111 Sewall Street, Augusta, ME
COMMENT DEADLINE: May 29, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Robert Kautz, Director, Maine Charter School Commission, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 592-8352. E-mail: Bob.Kautz@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: State and Local School Funding follows pupils - Title 20-A §2413 sub-§2.
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/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.02 B.5., Crow Hunting
PROPOSED RULE NUMBER: 2014-P085
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to establish the dates for the open season for the hunting of crows in 2015 and 2016 as follows:
2015 - Wildlife Management Districts 1 - 6: February 7, 2015 to April 15, 2015 and from August 1, 2015 to September 25, 2015. Wildlife Management Districts 7 - 29: January 23, 2015 to March 31, 2015 and from August 1, 2015 to September 25, 2015.
2016 - Wildlife Management Districts 1 - 6: February 6, 2016 to April 15, 2016 and from August 1, 2016 to September 23, 2016. Wildlife Management Districts 7 - 29: January 22, 2016 to March 31, 2016 and from August 1, 2016 to September 23, 2016. No daily bag or possession limit. The proposed dates are in compliance with Federal law.
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: May 30, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104, 11855
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 of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2014-P086
CONCISE SUMMARY: These rule changes are being proposed to implement new rates and codes for Section 109, Speech & Hearing Services.
The Department utilizes federal Medicare rates as the basis for its rates of reimbursement for Medicaid services. In addition, pursuant to 45 C.F.R. §§ 162.1000 and 162.1002, the Department uses the Current Procedural Terminology (CPT) and Healthcare Common Procedure Coding System (HCPCS) code sets for the coding of its Medicaid services. The code sets and Medicare rates are periodically updated by the American Medical Association CPT Editorial Panel and the federal Department of Health and Human Services, respectively. Pursuant to 45 C.F.R. §162.1001, each code set is valid within the dates specified by the organization responsible for maintaining that code set.
The codes utilized for Speech and Hearing Services were recently updated by the American Medical Association CPT Editorial Panel, in October of 2013, with a generally intended effective date of January 1, 2014. In addition, the Medicare rates for Speech and Hearing Services also changed, and the Department received notice of those rates from CMS on or about January 6, 2014.
The proposed changes made to this rule align with current 2014 CPT codes and current Medicare rates for Speech and Hearing Services. These changes include the elimination of code 92506 with the addition of codes 92521, 92522, 92523, and 92524.
The Department is seeking approval from CMS of the proposed changes to the pertinent State Plan Amendment. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: May 19, 2014, 12:00 p.m., Room 110, 19 Union Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 12, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 29, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §§ 42, 3173, and 45 C.F.R. §§ 162.1000, 162.1002, and 162.1011.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 5, Limit of Debt; Bar Against Collection (19-A M.R.S. §2302); SSI
PROPOSED RULE NUMBER: 2014-P087
BRIEF SUMMARY: This rule-making corrects "orphaned" references inadvertently left in place by a previous rule-making and clarifies some of the terms in the bar against collection of child support for certain responsible parents receiving public assistance or SSI.
DETAILED BASIS STATEMENT / SUMMARY: Under 19-A M.R.S. §2302, when a responsible parent receives public assistance for the benefit of his or her natural or adopted children living in his or her home, or receives supplemental security income (SSI), the responsible parent's support obligation is automatically suspended. A debt previously incurred under 19-A M.R.S. §2301 may not be collected from a responsible parent while that parent receives public assistance or SSI except that such a debt may be collected from nonrecurring lump sum income, as defined in 22 M.R.S. §3762(11)(A), of a responsible parent while that parent is an assisted obligor. According to this statute, lump sum income includes, but is not limited to, federal or state tax refunds, lottery winnings, inheritances, personal injury awards and workers' compensation or other insurance settlements.
This rule-making eliminates some "orphaned" references that were inadvertently left behind in a previous rule-making, clarifies that the responsible parent must be receiving public assistance for children residing in his or her home to qualify for an automatic suspension of the child support obligation, adds a link to a website containing forms to be used by parents wishing to modify an order decided pursuant to this statute/rule, and makes clear that exemptions to attachment for debts noted in 14 M.R.S. §4422(14) do not apply to child support debt (as decided in Madore v. Madore, CUMSC-CV-94-1236 (Me. Super. Ct., Cum. Cnty., Mar. 21, 1996)). Other changes are minor alterations in the wording of the rule, for clarity.
PUBLIC HEARING: None
COMMENT DEADLINE: May 30, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4100. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §42(1); 19-A M.R.S. §2302
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 1-4, 6-19, 23 (repeal and replace)
PROPOSED RULE NUMBER: 2014-P088 thru P106
CONCISE SUMMARY: This proposal repeals and replaces all but the Board's Medical Fee Rule, Ch. 5. This proposal will ensure that the rules are consistent with the Act.
PUBLIC HEARING: Tuesday, May 20, 2014, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Friday, May 30, 2014, 5:00 p.m.
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta ME 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §101 et seq.
WEBSITE: http://www.maine.gov/wcb/ .

ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
ADOPTED RULE NUMBER: 2014-072
CONCISE SUMMARY: This rule change is intended to more accurately reflect the agency's financial position by moving from cash to an accrual accounting structure. This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: April 23, 2014
CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. E-mail: Karynlee.Harrington@Maine.gov .
WEBSITE: https://mhdo.maine.gov/ .
MHDO RULE-MAKING LIAISON: Debra.J.Dodge@Maine.gov .


AGENCY: 16-633 Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 2, Licenses and Applications
ADOPTED RULE NUMBER: 2014-073
CONCISE SUMMARY: All persons participating in the operation, distribution, and maintenance of slot machines or table games and slot machine facilities or casinos must apply for and be granted the appropriate license as specified by 8 MRSA §§ 1011-1020.
DETAILED BASIS STATEMENT / SUMMARY: All persons participating in the operation, distribution, and maintenance of slot machines or table games and of slot machine facilities or casinos must apply for and be granted the appropriate license as specified by 8 MRSA §§ 1011-1020. Primarily this rule identifies the documents and information that an applicant for licensure may be required to submit, the criteria the Board will use to evaluate an application, and the types of job duties that do not require an employee license. It is being amended to improve consistency between the statute and the rule and to eliminate some needless requests for materials from applicants.
Previously, the rule used the term "key employee" throughout, which is not a term that is used by the Gambling Control Board statute. For consistency, each use of the term "key employee" was replaced with the term "key executive."
In addition, applicants for a distributor license will no longer be required to submit a list of persons with whom they have a "communications protocol agreement." These agreements were for proprietary software and were used to explain how it would communicate with the monitoring system - it is an outdated reference, so it should be removed from the rule. The Board has also determined that it is unnecessary to weigh the adequacy of an applicant's business plan for certain categories of applicants. In the Board's experience, the applicants for these licenses are established companies and reviewing a business plan does not aid in determining whether to issue a license.
Finally, the portion of the rule listing categories of jobs that are ineligible for an employee license waiver is being amended. The purpose of creating this list is to ensure that duties directly related to gambling activity or proceeds are not eligible for license waivers. The Board no longer considers it necessary to place those acting as sales representatives of a slot or table games distributor or gambling services vendor, or off site supervisors in that class.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption and Forfeited Winnings
ADOPTED RULE NUMBER: 2014-074
CONCISE SUMMARY: Adds the language for Casino Operator.
DETAILED BASIS STATEMENT / SUMMARY: The rule requires slot machine and casino operators to redeem tickets in accordance with procedures that the operator proposes and the Board approves. Tickets may be redeemed at designated places on the licensee's premises within one year of the issuance of the ticket or the date of the jackpot. The rule also imposes requirements to ensure the validity of the ticket - it must be legible, valid, and on paper approved by the Board. Credits must be paid immediately and may not be paid in chips, tokens, or merchandise. Once redeemed, tickets must be marked, defaced, or electronically cancelled to prevent subsequent presentment and payment. The rule does not directly address forfeited winnings, so this reference will be removed from the title of this rule.
CHAPTER NUMBER AND TITLE: Ch. 7, Collection of Payments
ADOPTED RULE NUMBER: 2014-075
CONCISE SUMMARY: Change language for the addition of Casino Operator and set percentage and schedule payments for slot machine and table game revenue for casino operators.
DETAILED BASIS STATEMENT / SUMMARY: The rule identifies the permissible ways for submitting fees, fines, and charges. Operators shall pay to the Board the percentages of slot machine and table game income required by statute. The income numbers supplied by the central site monitoring system will control if there is any dispute regarding the amount owned based upon slot machine income. An operator's payment shall be submitted to the Board on a weekly basis. The language of the rule now more closely tracks that of the statute in identifying the operators subject to each payment structure.
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machines: Locations and Hours of Operation
ADOPTED RULE NUMBER: 2014-076
CONCISE SUMMARY: Changed language to reflect casino operations, allows the Gambling Control Board to designate authority for approval. Changes hours of operation to no restrictions.
DETAILED BASIS STATEMENT / SUMMARY: Gambling by persons under age twenty-one is prohibited. This rule requires that all slot machines and table games on a licensee's premises be monitored by employees to prevent underage gambling. It also requires these areas to be under continuous closed circuit television monitoring. The substance of the rule will not be changed, but the Board is eliminating the requirement that the perimeters of the gaming floor be shown on the Uniform Location Agreement. This reference is outdated and refers to the prior practice of distributors and casinos or slot facilities agreeing to the placement of slot machines. Slot machines are now commonly moved around the gaming floor and each machine's location is not dictated by a Uniform Location Agreement.
CHAPTER NUMBER AND TITLE: Ch. 14, Advertising
ADOPTED RULE NUMBER: 2014-077
CONCISE SUMMARY: Changed language to reflect casino operations and removed language related to responsible gaming.
DETAILED BASIS STATEMENT / SUMMARY: The Board has determined that licensed operators' advertisements must include a statement that "Persons under 21 years of age may not enter the slot machine area unless licensed as employees." This is required in order to make members of the public aware of the law. It is necessary to revise the required language, however, to account for the legalization of table games. Instead of referring to the "slot machine area," the rule will now reference the "gaming area.”
CHAPTER NUMBER AND TITLE: Ch. 18, Responsible Gaming Programs
ADOPTED RULE NUMBER: 2014-078
CONCISE SUMMARY: Changed language to reflect casino operations and added the responsible gaming language from the rule on advertising.
DETAILED BASIS STATEMENT / SUMMARY: Slot machine facilities and casino operators must have programs in place to promote responsible gaming and responsible alcohol service, and to prevent under age gambling, drinking, and smoking. The Board has expanded its role in the voluntary self-exclusion process, and recent changes to Ch. 13 reflect this expansion. Accordingly, the provisions of this rule related to compulsive gambling are being amended. Slot machine facilities and casino operators may continue to enforce a self-exclusion list created prior to the amendments to Ch. 13, however, in order to honor the agreements reached and to protect the public.
CHAPTER NUMBER AND TITLE: Ch. 23, Gambling Addiction Counseling Services (repeal)
ADOPTED RULE NUMBER: 2014-079
CONCISE SUMMARY: The Gambling Control Board may allocate certain funds appropriated to it by the Legislature for gambling addiction services. Only counselors certified by the State of Maine as Problem Gambling Counselors shall be eligible for payment of services.
DETAILED BASIS STATEMENT / SUMMARY: This rule is being repealed. The Legislature amended the Gambling Control Board Statute to direct that certain funds be distributed for gambling addiction counseling services. With the statute in place, this rule is no longer necessary.
CHAPTER NUMBER AND TITLE: Ch. 25, Approval of Table Games Rules of Play
ADOPTED RULE NUMBER: 2014-080
CONCISE SUMMARY: This rule will establish the process for casinos to get their table games rules of play approved.
DETAILED BASIS STATEMENT / SUMMARY: Table game rules of play must be approved before the game can be conducted at a casino. Ch. 25 is being amended to identify criteria that may be relevant to the Board in determining whether to approve a game. The Board will consider conformity with industry standard rules, the object of the game, physical characteristics, clarity, and whether the rules ensure that the game will be played with integrity when evaluating table game rules for approval. Once the Board has approved the rules of a game for one Maine licensed casino, another licensed casino may submit rules for the same game to the Executive Director of the Board. The Executive Director may approve those rules if they are not materially different from the rules of play previously approved by the Board. This process will be more efficient and reflects there is often little or no difference in the rules of play for games with the same name.
EFFECTIVE DATE: April 22, 2014
AGENCY CONTACT PERSON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626–3901. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/ .
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 143, New Source Performance Standards (NSPS)
Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS)
ADOPTED RULE NUMBER: 2014-081, 082
CONCISE SUMMARY: The Clean Air Act offers states the option of accepting delegation for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPS) federal requirements into state regulatory programs to streamline the air emission licensing process. Maine's State Implementation Plan (SIP) provides for partial or complete delegation of the EPA Administrator's authorities and responsibilities to implement and enforce the NSPS and NESHAPS. The Department has adopted amendments to its Ch. 143, New Source Performance Standards (NSPS), and Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS) rules that incorporate by reference all new and amended NSPS and NESHAPS that have been added between July 1, 2004 and July 1, 2013 for which the Department has chosen to take delegation.
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/.
EFFECTIVE DATE: April 27, 2014
AGENCY CONTACT PERSON: Lisa Higgins, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7023. E-mail: Lisa.Higgins@Maine.gov .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 149, General Permit Regulation for Nonmetallic Mineral Processing Plants
Ch. 164, General Permit for Concrete Batch Plants
ADOPTED RULE NUMBER: 2014-083, 084
CONCISE SUMMARY: The Department has adopted amendments to Ch. 149 and 164, which allow most Nonmetallic Mineral Processing Plants (e.g., rock crushers) and Concrete Batch Plants to obtain operating permits from the Department without going through the more extensive licensing process required by the Department's Ch. 115, Major and Minor Source Air Emission Licensing Regulation. The amendments provide additional clarification for when facilities may use a Ch. 149 or Ch. 164 general permit, and when facilities are more appropriately licensed under the Department's Ch. 115. In addition, the amendments remove several requirements which have become obsolete due either to changes in underlying federal rules or because the equipment in question is now excluded from obtaining a general permit. The changes to Ch. 164 also allow owners of Concrete Batch Plants increased flexibility when renting or loaning equipment to other operators.
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/ .
EFFECTIVE DATE: April 27, 2014
AGENCY CONTACT PERSON: Lisa Higgins, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7023. E-mail: Lisa.Higgins@Maine.gov .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .