April 6, 2011

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: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedure
PROPOSED RULE NUMBER: 2011-P32
CONCISE SUMMARY: The proposed rule amendments clarify those services received by a candidate and expenditures by others which constitute an in-kind contribution to the candidate; state that when campaigns sell promotional items, the full amount of proceeds received by the campaign constitutes a contribution; modifies the definition of “express advocacy” to include communications that are susceptible of no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate; and amends the reporting schedule for independent expenditures. A copy of the proposed rule amendments is available on the Ethics Commission’s website – http://www.maine.gov/ethics/or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1)
PUBLIC HEARING: Tuesday, April 26, 2011, 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, May 6, 2011
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, (207) 287-4179. E-mail: Jonathan.Wayne@Maine.gov .

ADOPTIONS


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions Regulation
ADOPTED RULE NUMBER: 2011-100
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 100. The Clean Air Act requires states to develop the U.S. Environmental Protection Agency (EPA)-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the greenhouse gases (GHGs) Tailoring Rule, states may need to modify these plans.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at http://www.maine.gov/dep/rules/
EFFECTIVE DATE: April 3, 2011
AGENCY CONTACT PERSON: Michael Karagiannes, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Mike.Karagiannes@Maine.gov .
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 118, Gasoline Dispensing Facilities Vapor Control
ADOPTED RULE NUMBER: 2011-101
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 118 which repeal the Stage II requirement January 1, 2012, and require the removal and/or discontinuance of Stage II vapor controls no later than January 1, 2013. The amendments include procedures to ensure all piping is properly capped and tested for vapor tightness. Based on comments the Department received, the amendments do not include the installation of pressure/vacuum (P/V) vent valves at gasoline stations with a 10,000-100,000 gallon per month throughput as originally proposed. (However, P/V vent valves are required by Federal regulations on those stations with a throughput of greater than 100,000 gallons per month). Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at http://www.maine.gov/dep/rules/
EFFECTIVE DATE: April 3, 2011
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov .
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 425, Asbestos Management Regulations
ADOPTED RULE NUMBER: 2011-102
CONCISE SUMMARY: Revisions to Ch. 425 were formally adopted by the Board of Environmental Protection on March 17, 2011. The amendments simplify and clarify the rule, to promote the use of “risk-based” standards, to integrate changes to standard industry practice that have evolved over the past 6 years, and to update the notification, licensing and certification fees to be consistent with current Maine statutory requirements
EFFECTIVE DATE: April 3, 2011
AGENCY CONTACT PERSON: Jamie Tansey, Department of Environmental Protection, 17 State House Station, Augusta, ME 04330. Telephone: (207) 287-7722. E-mail: Jamie.Tansey@Maine.gov .
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .