September 15, 2010

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. 693, Operator Training for Oil and Hazardous Substance Storage Facilities
PROPOSED RULE NUMBER: 2010-P238
CONTACT PERSON FOR THIS FILING: Jeff Madore, Maine Department of Environmental Protection, 17 State House Station Augusta, Maine 04333. Telephone: (207) 287-7848. Fax: (207) 287-7826. E-mail: Jeff.G.Madore@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: October 7, 2010, at 09:00 a.m., Holiday Inn Ground Round, Augusta, ME.
COMMENT DEADLINE: 5:00 p.m., October 18, 2010. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: This rule establishes training requirements for operators of underground oil storage facilities regulated under 38 MRSA §§561 through 570-L and underground hazardous substance storage facilities regulated under Rules For Underground Hazardous Substance Storage Facilities, 06-096 CMR 695. The training requirements specified in the proposed rule are modeled after guidelines provided by USEP A (Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005 (August 2007)). The proposed rule establishes three operator classes (A, B, and C) and sets out the specific training requirements for each class of operators.
The Department has chosen to combine the training requirements for the class A and class B operator into a single training. This will allow tank owners to meet the federal and state requirements for both classes with a single operator. The rule also requires the department to develop and administer operator training and testing requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: not applicable
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-B), 38 MRSA §564(2-A)(L); 38 MRSA §1364(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: not applicable
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 883, Designation of the Chemical Class Nonylphenol and Nonylphenol Ethoxylates as a Priority Chemical
PROPOSED RULE NUMBER: 2010-P239
CONTACT PERSON FOR THIS FILING: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-5902. Fax: (207) 287-7826. E-mail: Andrea.Lani@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 1:00 p.m., October 7, 2010, Holiday Inn/Ground Round, Augusta
COMMENT DEADLINE: October 18, 2010. 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. A copy of the proposed rule is available upon request from the contact above.
BRIEF SUMMARY: The proposed rule will designate the chemical class nonylphenol and nonylphenol ethoxylates as a priority chemical. It will require manufacturers of household and commercial cleaning products, cosmetics and personal care products, and home maintenance products sold, marketed or intended for use by consumers that contain intentionally-added nonylphenol to report on chemical usage in those products.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 1691 through 1699-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services (DHHS)
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 31, Federally Qualified Health Center Services
PROPOSED RULE NUMBER: 2010-P240
CONCISE SUMMARY: The proposed rule amends billing instructions and Ch. III coding requirements to ensure FQHC providers can bill for covered services for MaineCare members upon implementation of MIHMS. Furthermore, the Department is delaying the requirement for providers to report all encounter data on the UB 04 form until October 1, 2010. This will allow providers sufficient time to make necessary software and billing changes to meet the Department’s reporting requirements.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: October 4, 2010 10 a.m., 442 Civic Center Drive - Conference Rm. 2, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 8, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 15, 2010.
CONTACT PERSON: Derrick Grant, Comprehensive Health Planner II, Office of MaineCare Services-Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services (DHHS)
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 103, Rural Health Clinic Services
PROPOSED RULE NUMBER: 2010-P241
CONCISE SUMMARY: The following proposed rule is for MaineCare Benefits Manual, Ch. II and III Section 103, Rural Health Clinic Services (RHC). The proposed rule amends billing instructions and Ch. III coding requirements to ensure RHC providers can bill for covered services for MaineCare members upon implementation of MIHMS. Furthermore, the Department is delaying the requirement for providers to report all encounter data on the UB 04 form until October 1, 2010. The proposed changes will allow providers sufficient time to make necessary software and billing changes to meet the Department’s reporting requirements.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: October 4, 2010 9 a.m., 442 Civic Center Drive - Conference Rm. 2, Augusta, Maine 04333-0011 Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 8, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 15, 2010.
CONTACT PERSON: Derrick Grant, Comprehensive Health Planner II, Office of MaineCare Services - Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 801, Apportionment
ADOPTED RULE NUMBER: 2010-389
CONCISE SUMMARY: Rule 801 serves to explain the basis for the apportionment of net income of corporations, pass-through entities, sole proprietorships and other business types as required by law. MRS has amended Rule 801 as follows. The discussion of “water’s edge” reporting is expanded. The recent legislative changes, including the so-called “Finnigan rule,” the repeal of the throw-back rule and the adoption of the throw-out rule, are reflected. New definitions of “taxpayer” and “unitary business” are included in the proposed Rule and outdated portions of the Rule are deleted. Additional edits are made throughout. The application date and the summary at the beginning of the Rule have been updated.
EFFECTIVE DATE: September 12, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2010-390
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing withholding tax reports and making payments. MRS has amended Rule 803 as follows. New language is added under section 7.4 and new section 7.5, including electronic filing language, to follow federal requirements for furnishing information statements. Employers and payers filing more than 250 Forms W-2 or 1099 must report the same information to MRS. Clarifications are made to withholding requirements for compensation paid to nonresidents performing services in this State. Editorial changes are made throughout the Rule.
EFFECTIVE DATE: September 12, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 810, Maine Unitary Business Taxable Income, Combined Reports and Tax Returns
ADOPTED RULE NUMBER: 2010-391
CONCISE SUMMARY: MRS has adopted amended Rule 810 (“Maine Unitary Business Taxable Income, Combined Reports and Tax Returns”). The amendments to Rule 810 are as follows. The combined reporting section in .02 is expanded to provide guidance on “water’s edge” filing. The section on Maine net income (.04) is deleted. The recent legislative changes (including the so-called “Finnigan rule”) are reflected. Section .05(A) clarifies that members of a unitary group filing a combined return are jointly and severally liable for the tax of the members of the combined group. Section .06 is rewritten to better reflect the statute. Definitions are updated. Editorial changes are made throughout the Rule.
EFFECTIVE DATE: September 12, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
ADOPTED RULE NUMBER: 2010-392
CONCISE SUMMARY: The Board finally adopted Ch. 692, Siting of Oil Storage Facilities, on March 4, 2010. Ch. 692 incorporated the existing rules governing the siting of underground oil storage facilities in mapped aquifers under Ch. 691, section 3-A with criteria governing the siting of aboveground oil storage facilities. Section 3-A of Ch. 691 was therefore redundant.
The repeal of Section 3-A, Ch. 691 concludes the department’s rulemaking in the implementation of Maine’s wellhead protection law, 38 MRSA §§ 1391 through 1399. The purpose of the law as stated in section 1391 is to protect the health, safety and welfare of Maine’s citizens by establishing a coordinated statewide program to protect drinking water wells from contamination by oil or hazardous substances. The law accomplishes this by restricting the siting of facilities that, by their nature, pose an unacceptable risk to groundwater quality near drinking water supplies, including sand and gravel aquifers mapped by the Maine Geological Survey.
The Board of Environmental Protection (Board) posted the rule for public comment on April 15, 2010. The comment deadline was June 1, 2010. The Board voted to repeal Section 3-A of Ch. 691 on August 5, 2010.
EFFECTIVE DATE: September 12, 2010
AGENCY CONTACT PERSON: Jeff Madore, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7848. E-mail: Jeff.G.Madore@Maine.gov
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 19-498 – Department of Economic and Community Development, Office of Community Development (DECD/OCD)
CHAPTER NUMBER AND TITLE: Ch. 39, Program Statement for Administering the 2011 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2010-393
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 14, 2010
AGENCY CONTACT PERSON: Michael D. Baran, Director OCD, Department of Economic & Community Development. Office of Community Development (DECD/OCD), State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059. Telephone: (207) 624-9816. E-mail: Mike.Baran@Maine.gov
WEBSITE: http://www.maine.gov/decd/