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Home > Weekly Notices > December 16, 2009

December 16 , 2009

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: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2009-P342
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154(2)
PUBLIC HEARING: January 5, 2010, Tuesday, starting at 9:00 a.m., Room 227, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 19, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
URL: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10 Subsection 27.2, Policy and Procedures Manual – Adult, Supervised Community Confinement Program
PROPOSED RULE NUMBER: 2009-P343
CONCISE SUMMARY: The Maine Department of Corrections is proposing to repeal and replace this rule in order to change from a process in which a prisoner’s application is the “driving force” for transfer to supervised community confinement to a process in which Department of Corrections staff determine which prisoners, meeting the eligibility requirements for supervised community confinement, are reviewed for transfer to the program. In addition, the review process is streamlined by, for example, deleting the requirement to get Probation Officer input prior to review at the facility. Another change allows a medium custody prisoner to be reviewed, keeping intact the requirement that the prisoner must be no more than minimum custody at the time of transfer.
The rule also reflects a recent change in the governing statute which permits the Commissioner to transfer to Supervised Community Confinement if it is determined by the Department’s Director of Medical Care that the prisoner has a terminal or severely incapacitating medical condition and that care outside a correctional facility is medically appropriate. Finally, minimum contact standards have been revised and a possible sanction of county jail confinement for violation of supervised community confinement has been added.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA §3036-A
PUBLIC HEARING: Monday, January 4, 2010, 9:00 a.m. – 10:00 a.m. Department of Corrections Tyson Conference Room – Tyson Building (AMHI Campus), Tyson Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: January 15, 2010
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333. Telephone: (207) 287-4681. E-mail: Esther.Riley@Maine.gov .
URL: http://www.maine.gov/corrections/



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 421, Liquid Propane Gas (LPG) Distribution System Safety and Operation Standards
PROPOSED RULE NUMBER: 2009-P344
CONTACT PERSON FOR THIS FILING: Paula Cyr: Paula.Cyr@Maine.gov
PUBLIC HEARING: January 7, 2010, Worster Room, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: January 21, 2010 – Written comments should refer to Docket No. 2009-392 and sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018
BRIEF SUMMARY: The Commission initiates this rulemaking to propose a new Ch. 421 that sets forth safety and operation standards specifically for jurisdictional liquid propane gas transmission and distribution systems. Additionally, the proposed Ch. 421 expands and clarifies the requirements for the operation, installation, and maintenance of liquid propane gas transmission and distribution systems.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 111 and 4508
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 49 USC §60102
URL: http://www.maine.gov/mpuc/



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 521, Rule Amendment Pertaining to Post-Construction Storm Water Discharges in Urban Impaired Stream Watersheds
Note: This amendment would add new Section 9-A, “Post Construction Storm Water Discharges in Urban Impaired Stream Watersheds” to existing Ch. 521, Applications for Waste Discharge Licenses. Only Section 9-A of Ch. 521 is being addressed in this rulemaking.
PROPOSED RULE NUMBER: 2009-P345
CONTACT PERSON FOR THIS FILING: Don Witherill, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7725. Fax: (207) 287-7826. E-mail: Donald.T.Witherill@Maine.gov
PUBLIC HEARING: January 7, 2010; 9:30 a.m. at the Augusta Civic Center, Augusta, ME
COMMENT DEADLINE: January 19, 2010 at 5:00 p.m.; Comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include the submitter’s name and organization represented, if any. The draft rule may be viewed online at: http://www.maine.gov/dep/blwq/rule.htm
BRIEF SUMMARY: Existing rule Ch. 521 pertains to applications for waste discharge licenses. Section 9 of the rule pertains to storm water discharges. This proposed rule amendment would create a new section, 9-A, which would apply to an owner or operator of property in an urban impaired stream watershed that has been designated by the U.S. Environmental Protection Agency (EPA) pursuant to the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and 40 C.F.R. §122.26(a)(9)(i)(D), or the Maine Department of Environmental Protection (DEP) pursuant to Ch. 521(9)(a)(1)(v) as requiring a storm water discharge permit due to post-construction stormwater flow from impervious area. The rule contains standards that would need to be met by a permittee who chooses to file for an individual permit. An alternative general permit has been issued by the DEP for the Long Creek watershed, located in South Portland, Portland, Westbrook and Scarborough, which has already been designated by EPA.
DETAILED BASIS STATEMENT / SUMMARY:
Scope: Existing rule Ch. 521 pertains to applications for waste discharge licenses. Section 9 of the rule pertains to storm water discharges. This proposed rule amendment would create a new section, 9-A, which would apply to an owner or operator of property in an urban impaired stream watershed that has been designated by the U.S. Environmental Protection Agency pursuant to the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and 40 C.F.R. §122.26(a)(9)(i)(D), or the Department pursuant to Ch. 521(9)(a)(1)(v) as requiring a storm water discharge permit due to post-construction stormwater flow from impervious area.
Description: The department requests permission to post the proposed amendment to 06-096 CMR 521, Applications for Waste Discharge Licenses, to public hearing.
Background: On January 12, 2001, the Department received authorization from the U.S. Environmental Protection Agency (USEPA) to administer the National Pollutant Discharge Elimination System (NPDES) permit program in Maine. From that point forward, the program has been referenced as the Maine Pollutant Discharge Elimination System (MEPDES) permit program.
On December 3, 2008, USEPA, in consultation with the State of Maine, made a preliminary determination that a designation of stormwater discharges from parcels with one or more acres of impervious area in the Long Creek watershed is appropriate because the discharges are contributing to applicable water quality violations. This designation became final on October 28, 2009. As a result, designated discharges must obtain permit coverage under either a general permit or individual permit.
On November 6, 2009, the Department issued a general permit that provides coverage for operators who choose to participate in the implementation of the Long Creek Watershed Management Plan. This proposed rule sets forth requirements for an applicant who chooses to file for an individual permit. The requirements include meeting the general standards in DEP’s Ch. 500 Stormwater Rules, provisions for maintenance of stormwater treatment practices, monitoring of water quality and, in some cases, mitigation requirements for prior impacts to an impaired stream.
A copy of the proposed rule is available on the DEP website: www.maine.gov/dep/blwq/rule.htm .
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities that have been designated as needing a permit for stormwater discharges will need to comply with the permit requirement. Municipal roads are a likely source of stormwater discharge that will likely need permitting. This will likely require incorporating stormwater treatment practices to reduce or eliminate pollutants in the runoff.
STATUTORY AUTHORITY FOR THIS RULE: The applicable regulatory framework for this rule is Title 38 MRSA §413 et seq., the Maine Waste Discharge Law, and §341-D(1-B), Board responsibilities and duties.
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry Hanson: Terry.Hanson@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 123, Control of Volatile Organic Compounds from Paper, Film and Foil Coating Operations
PROPOSED RULE NUMBER: 2009-P346
CONTACT PERSON FOR THIS FILING: Carolyn Wheeler, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. FAX: (207) 287-7641. E-mail: Carolyn.Wheeler@Maine.gov
PUBLIC HEARING: January 7, 2010, 9:00 a.m., Civic Center, Augusta, Maine
COMMENT DEADLINE: January 19, 2010, 5:00 p.m.
BRIEF SUMMARY: The Clean Air Act requires states to implement or update their regulations to require control technology on certain sources of volatile organic compound (VOC) emissions which contribute to the formation of ground-level ozone. Ch. 123, which currently only regulates surface coating of paper, will be updated to include requirements for film and foil coating operations. Work practices for paper, film and foil coating operations to reduce VOC emissions have been added. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking, the public hearing and are provided an opportunity for comment. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 150, Control of Emissions from Outdoor Wood Boilers
Ch. 160, Outdoor Wood Boiler Replacement and Buy Back Program
PROPOSED RULE NUMBER: 2009-P347 and P348
CONTACT PERSON FOR THIS FILING: Carolyn Wheeler, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. FAX: (207) 287-7641. E-mail: Carolyn.Wheeler@Maing.gov
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the contact person listed above, and received by the comment deadline below.
COMMENT DEADLINE: January 19, 2010, 5:00 p.m.
BRIEF SUMMARY: The Department is proposing changes to Ch. 150 and Ch. 160 that incorporate amendments enacted by the Legislature in May 2009. These amendments clarify that a master solid fuel technician or other qualified professional also may prepare outdoor wood boiler (OWB) installation recommendations, an indoor-rated boiler located in an outside structure is considered an OWB, and commercial OWB used only for space heating or domestic hot water are not considered commercial OWB. They establish a voluntary technology-forcing emissions standard and clarify the nuisance OWB replacement qualifications and funding availability. These proposed changes will fulfill the Legislative directive. Copies of these rules are available upon request by contacting the agency contact person or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested persons are publicly notified of the proposed rulemaking, and are provided an opportunity for comment. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. Any person interested in providing public comment can submit written comments before the end of the comment period. All comments should be sent to the agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A, §610-B and §610-C
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual: Policy #252P, Cub Care Work Related Expense
PROPOSED RULE NUMBER: 2009-P349
CONCISE SUMMARY: This rule would continue an income disregard previously put in place by emergency rule.
Maine’s Children’s Health Insurance Program covers uninsured children whose family’s income is less than or equal to 200% of the Federal Poverty Level. An unintended consequence of the differences between this Title XXI program of the Social Security Act and Maine’s Medicaid program under Title XIX of the Social Security Act produced an anomaly which resulted in some Caretaker/ Relatives/Parents being eligible for Medicaid when the children in the family were not eligible for either Medicaid or Maine’s Children’s Health Insurance Program. A change in an income disregard in the CHIP program will create a more seamless eligibility process for both programs and rectify some irregularity that provided for the parents without providing for the children.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174, 3174-G(1.B., D. & E.), 3174-T. 42 U.S.C. §1396u-1 (Section 1931 of Social Security Act). Title XXI, Social Security Act, State Children’s Health Insurance Program
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 15, 2010
AGENCY CONTACT PERSON Bethany Hamm, Program & Policy Director, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-3931. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Bethany.Hamm@Maine.gov
URL: http://www.maine.gov/dhhs/OIAS/


ADOPTIONS



AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 3, Rules and Regulations Relating to Beano
ADOPTED RULE NUMBER: 2009-648
CONCISE SUMMARY: This partial amendment sets forth a tie breaking mechanism that may be used when it is impracticable to divide the beano prize equally in the event of a tied game. In the event of a tied game, the Licensee may continue to draw beano numbers for those players involved in the tie. If this mechanism is used, the first player that can cover that number on his playing card will be the single winner of that prize. The tie breaker mechanism does not apply to cash prizes.
EFFECTIVE DATE: December 12, 2009
AGENCY CONTACT PERSON: Inspector Barry Hathaway, Maine State Police, 164 State House Station, Augusta, ME 04333. Telephone: (207) 624-7213. E-mail: Barry.G.Hathaway@Maine.gov
URL: http://www.maine.gov/dps/msp/
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov



AGENCY: 12-597 - Maine Department of Labor (DOL), Bureau of Employment Services (BES)
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Program
ADOPTED RULE NUMBER: 2009-649
CONCISE SUMMARY: This is an amendment to the rules that establish standards and procedures for implementing the Trade Adjustment Assistance Act. The proposed amendment will revise the current trade rules to incorporate the changes in federal trade law enacted on 5/18/09.
EFFECTIVE DATE: December 13, 2009
AGENCY CONTACT PERSON: Judith Pelletier, BES - Department of Labor, State House Station #55, Augusta, ME 04333. Telephone: (207) 623-7993. E-mail: Judith.A.Pelletier@Maine.gov
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov
URL: http://www.maine.gov/labor/bes/index.shtml