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April 22, 1998
Rule-Making Notice

as it appears in 5 daily Maine newspapers

NOTICE 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.

PROPOSALS
AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 419, Agronomic Utilization of Residuals (replaces Ch. 567, Rules for the Land Application of Sludge and Residuals (repeal))
PROPOSED RULE NUMBER: 98-P77
CONCISE SUMMARY: This rule replaces 06-096 CMR Chapter 567, Rule for the Land Application of Sludge and Residuals (effective April 21, 1985), which is being repealed. Chapter 419 contains the siting, design and operational standards that apply to non-hazardous solid wastes that are stored and utilized as fertilizers, soil amendments, mulches, liming agents, or for any other beneficial agronomic use. This Chapter will change existing regulations to incorporated changes that have been made to Maine law, ensure consistency with applicable federal standards, reflect changes and advances in available solid waste technology, apply practical experience gained since 1985, and ensure consistency with other solid waste regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA §1304(1)
PUBLIC HEARING: May 12, 1998 at 2: 00 p.m. & 7:00 p.m., Pine Tree State Arboretum, 153 Hospital St., Augusta, ME.
DEADLINE FOR COMMENTS: Postmarked on or before June 15, 1998
AGENCY CONTACT PERSON: David Wright
AGENCY NAME: Department of Environmental Protection
ADDRESS: Solid Waste Division, 17 SHS Augusta, ME 04333-0017
TELEPHONE: 207-287-7676

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-06
PROPOSED RULE NUMBER: 98-P78
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. §2954 & 5 M.R.S.A. §8054
PUBLIC HEARING: 9:00 a.m., Thursday, May 14,1998, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 14,1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 418, Beneficial Use of Solid Wastes
PROPOSED RULE NUMBER: 98-P79
CONCISE SUMMARY: This rule would establish the procedures and criteria under which the proposed beneficial use of a solid waste could be evaluated and either be permitted to occur or be denied. Solid waste activities that would be regulated under this rule include, but are not limited to: the use of a waste as a construction material or construction fill, the use of a solid waste as a substitute for another fuel, or the use of a solid waste as a raw material in manufacturing. This draft rule establishes different tiers of regulation and licensing requirements based upon characteristics of the waste to be used and the potential risks that the proposed use of that waste might present to the environment, public health or safety. The draft rule identifies beneficial use activities that would be exempt from regulation under this chapter, activities that could qualify for reduced licensing procedures, and activities that would require fuller assessments of all risks. Many traditional municipal solid waste use and recycling activities are exempt from regulation under this rule. These include the recycling of glass, papers, and cardboard and the use of chipped woody plant material as fuel or mulch. The fiscal impact for beneficial use activities that are regulated under this chapter will be mixed. A positive fiscal impact should result from the greater predictability and specificity provided by the proposed rule. In addition, many other activities are exempt from the provisions of the rule or qualify for an automatic or reduced licensing procedure. Some proposed activities would require that an applicant conduct a risk assessment and submit the findings of that assessment as part of an application. This requirement would increase the cost to the applicant of preparing the application although it should also provide fiscal benefits to many applicants through greater predictability and timeliness in the licensing process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 M.R.S.A. §1304(1).
PUBLIC HEARING: Wednesday, May 13,1998, at 1:00 p.m., Holiday Inn Civic Center, 100 Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: Monday, June 15, 1998 at 5:00 p.m. Postmarked on or before June 15, 1998.
AGENCY CONTACT PERSON: James Glasgow
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station Augusta, Maine 04333-0017
TELEPHONE: 207-287-7719

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 9, Rules and Regulations Relating to Private Investigators
PROPOSED RULE NUMBER: 98-P80
CONCISE SUMMARY: This rule amendment changes the current firearms proficiency examination .for private investigators to a written examination for consistency with recent legislation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY Authority: TITLE 32 §8116
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: May 25, 1998
AGENCY CONTACT PERSON: Barry Hathaway
ADDRESS: Maine State Police, 164 State House Station, Augusta, Maine 04333-0164
PHONE NUMBER: 207-624-8784

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 870, Health Care Practitioner Self-Referrals PROPOSED RULE NUMBER. 98-P81
CONCISE SUMMARY: Rule sets forth criteria for determining when there are adequate safeguards against the conflict of interest that may arise when health care practitioners self-refer patients to a facility in which they have an investment interest, and establishes a process whereby a health care practitioner can apply to the Superintendent for an exemption authorizing referrals to a practitioner-owned facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. §2087
PUBLIC HEARING: May 15,1998, 1:00 p.m., Central Conference Room, Dept. of Professional & Financial Regulation, Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: May 25, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 750, Standardized Health Plans
PROPOSED RULE NUMBER: 98-P82
CONCISE SUMMARY: To define two standardized health plans that must be offered by all carriers providing the types of coverage described Section 3 of the Rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24 M.R.S.A. §§2301(8-A) and 2327(A) and 24-A M.R.S.A §§212, 2736-C(6)(F), 2736-C(8), 2808-B(6)(G), 2808-B(8), 4204(2-A), 4222(4), and 6603)(1).
PUBLIC HEARING: May 15,1998, Central Conference Room, Dept. of Professional & Financial Reg., Northern Ave., Gardiner, Me.
DEADLINE FOR COMMENTS: May 25, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster Trap Limits Established by Lobster Management Zones
PROPOSED RULE NUMBER: 98-P83
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone D that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone D. The maximum number of lobster traps would be 1200 as of March 1, 1998, 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. §6446 and §6447
PUBLIC HEARING: None required, 12 M.R.S.A. §6446(4).
DEADLINE FOR COMMENTS: May 22,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

ADOPTIONS

AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 10, Attorney's Fees
ADOPTED RULE NUMBER: 98-167
CONCISE SUMMARY: This rule provides guidelines for the payment of attorney's fees by an employee to his or her own counsel.
EFFECTIVE DATE April 14, 1998
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094

AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Ch. 10 - Definitions and Terms-
Ch. 51 - Notice of Aerial Pesticide Applications
Ch. 60 - Designation of Critical Pesticide Control Areas
ADOPTED RULE NUMBER: 98-168, 98-170, 98-171
CONCISE SUMMARY: Chapter 10 has been amended to add two new definitions. Chapter 51 has been amended to correct a minor oversight which may have exempted notification being given to tenants of residential rental properties. In 1979, the Board adopted Chapter 60 to protect the water supply for a state-owned fish hatchery in Deblois from pesticide drift and leaching from surrounding blueberry fields. The 1979 rule also limited insecticide applications to carbaryl. That rule is obsolete in that the state leases the facility to a commercial aquaculture firm and the specified insecticide is now the most toxic to fish. The Board amended the rule so pesticide applications will be made according to a Board-approved pest management plan.
EFFECTIVE DATE: April 14, 1998
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207)287-2731

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources, Division of Plant Industry
CHAPTER NUMBER AND TITLE: Ch. 252 amendment, Emergency Rule Regarding the Testing of Seed Potatoes for the Bacterial Ring Rot Pathogen
ADOPTED RULE NUMBER: 98-169
CONCISE SUMMARY: This rule specifies the testing requirements which the Department of Agriculture, Food and Rural Resources's certification laboratory must follow when seed potato samples are submitted for testing for the Bacterial Ring Rot pathogen and provides the actions the Department will take in the event that a sample tests positive for this organism.
EFFECTIVE DATE: April 10, 1998
AGENCY CONTACT PERSON: Terry L. Bourgoin
AGEMCY NAME: Department of Agriculture, Food and Rural Resources, Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: 207/287-3891

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