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Home > Weekly Rule-making Notices > February 19, 2014

February 19, 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. 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. 409, Maine Solid Waste Management Rules: Processing Facilities
Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
PROPOSED RULE NUMBER: 2013-P224, P225 (2nd extended comment deadline)
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 has posted draft changes to the Solid Waste Management Rules: Processing Facilities, 06-096 CMR 409 and Composting Facilities, 06-096 CMR 410. The Department is now reposting the rule and extending the comment deadline to March 19, 2014 to allow for additional comment by interested parties. Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at Department Proposed Rule-making, Maine DEP
A PUBLIC HEARING WAS HELD: October 15, 2013, 1:00 p.m., DEP Response Building, 4 Blossom Lane, Augusta, Maine 04333.
COMMENT DEADLINE: The extended deadline for receipt of written comments on the proposed rule is 5 p.m., March 19, 2014. 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 THE RULE: 38 M.R.S §1304(1), and 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. 159, Control of Volatile Organic Compounds from Adhesives and Sealants (Amendments)
PROPOSED RULE NUMBER: 2014-P021
BRIEF SUMMARY: The Department is proposing to amend its Ch. 159, Control of Volatile Organic Compounds from Adhesives and Sealants rule, to delay compliance requirements for single-ply roof membrane installation or repair adhesives, single-ply roof membrane sealants and single-ply roof membrane adhesive primers until January 1, 2016; thereby addressing cross-border sales issues in neighboring jurisdictions and reducing costs to the regulated community.
These amendments will be submitted to EPA as a revision to Maine's State Implementation Plan. Copies of these rules 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. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period.
PUBLIC HEARING: No public hearing scheduled - 30 day written comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: March 21, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, Office of the Commissioner, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585-A, 585-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: 02-031 – Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 375, Group Property and Casualty Insurance
PROPOSED RULE NUMBER: 2014-P022
BRIEF SUMMARY: The rule would allow group property and casualty coverage in travel, identity theft, portable computer, tuition reimbursement, personal excess liability and self-storage insurance, as well as in liability insurance issued to risk purchasing groups, in credit involuntary unemployment insurance issued to debtor groups.
PUBLIC HEARING: March 14, 2014 @ 11:00 a.m., Kennebec Room, Department of Professional & Financial Regulation, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: March 25, 2014 @ 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Benjamin Yardley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8537. E-mail: Benjamin.Yardley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §§ 212, 229(1), and 2953
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 24-A M.R.S. §2951(1)
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
CHAPTER NUMBER AND TITLE:
Ch. 390, Motor Vehicle Identification Cards (Repeal);
Ch. 391, Motor Vehicle Identification Cards (New)
PROPOSED RULE NUMBER: 2014-P023 (Repeal), P024 (New)
BRIEF SUMMARY: The Bureau of Insurance proposes repealing Ch. 390, Motor Vehicle Insurance Identification Cards, and replacing it with new Rule Ch. 391 in order to implement changes to 24-A M.R.S. §2412(7), effective October 9, 2013, allowing insurers issue electronic motor vehicle insurance identification cards to policyholders.
PUBLIC HEARING: March 14, 2014 @ 10:00 a.m., Kennebec Room, Department of Professional & Financial Regulation, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: March 25, 2014, @ 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Benjamin Yardley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8537. E-mail: Benjamin.Yardley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §§ 212 and 2412(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 24-A M.R.S. §2412(7)
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
NUMBER AND TITLE: Ch. 630, Rural Medical Access Program
PROPOSED RULE NUMBER: 2014-P025
BRIEF SUMMARY: The amendments to Rule 630 add provisions concerning the adjustment of the assessment rate on physicians and hospitals under the Rural Medical Access Program.
PUBLIC HEARING: March 14, 2014 @ 9:00 a.m., Kennebec Room, Department of Professional & Financial Regulation, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: March 25, 2014 @4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Benjamin Yardley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8537. E-mail: Benjamin.Yardley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §§ 212, 229(1), 6305 and 6311
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 24-A M.R.S. §§ 6305 and 6311
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
NUMBER AND TITLE: Ch. 960, Hurricane Deductibles
PROPOSED RULE NUMBER: 2014-P026
BRIEF SUMMARY: Rule 960 prescribes uniform policy standards for hurricane deductibles and the form of notice concerning these deductibles that insurers must give to named insureds.
PUBLIC HEARING: March 14, 2014 @ 1:30 p.m., Kennebec Room, Department of Professional & Financial Regulation, 76 Northern Avenue, Gardiner, ME 04345
COMMENT DEADLINE: March 25, 2014 @4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Benjamin Yardley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8537. E-mail: Benjamin.Yardley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §§ 212 and 3061
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 24-A M.R.S. §3061
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 04-058 - Department of Agriculture, Conservation, and Forestry, Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 3, Incinerators (repeal)
PROPOSED RULE NUMBER: 2014-P027 (Repeal)
BRIEF SUMMARY: This rule is being repealed because it has been superseded by Department of Environmental Protection rule, Ch. 102, Open Burning.
PUBLIC HEARING: None.
COMMENT DEADLINE: 28 March 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Maine Forest Service, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: N/A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-058 - Department of Agriculture, Conservation, and Forestry, Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 22, Certified Resource Manager Grant Program (repeal)
PROPOSED RULE NUMBER: 2014-P028 (Repeal)
BRIEF SUMMARY: The Maine Forest Service is permanently repealing its Ch. 22 rule, Certified Resource Manager Grant Program, as directed by Public Law 2013, Ch. 11. The law and rule were identified as obsolete. This rule-making will not create new administrative burdens or compliance-related costs for any party, including but not limited to municipal and county governments.
PUBLIC HEARING: None
COMMENT DEADLINE: 28 March, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Maine Forest Service, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2013, Ch. 11, An Act To Eliminate the Forest Certification Incentive Cost-share Fund
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 20, Taxidermy License
ADOPTED RULE NUMBER: 2014-019
CONCISE SUMMARY: The Department has amended rules as they apply to taxidermy licensing to create a minimal testing process for taxidermists who wish to create European skull type mounts. The Department also amended the rule and added language to require all specimens be returned to the rightful owner by taxidermists whose license has been revoked, suspended or expired.
A copy of the rule may be obtained by contacting the Agency Contact Person listed below.
EFFECTIVE DATE: February 18, 2014
CONTACT PERSON FOR THIS FILING / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .