May 4, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #06-11
PROPOSED RULE NUMBER: 2011-P40
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: May 20, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 20, 2011
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 .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY: 06-096 - Board of Environmental Protection (BEP)
CHAPTER NUMBER AND TITLE: Ch. 900, Biomedical Waste Management Rules
PROPOSED RULE NUMBER: 2011-P41
CONTACT PERSON FOR THIS FILING: Scott Austin, Maine Department of Environmental Protection, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7854. Fax: (207) 287-7826. E-mail: Scott.Austin@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing is being scheduled (30-day written comment period)
COMMENT DEADLINE: June 3, 2011 at 5 p.m., comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an opportunity for comment. Although the Department has not scheduled a public hearing on this proposal, a public hearing may be scheduled if any requests are received prior to the close of the public comment period. Comments or requests for a public hearing should be sent to the Agency contact person.
BRIEF SUMMARY: Ch. 900 identifies biomedical waste subject to regulation, requires the registration of biomedical waste generators and establishes packaging, labeling, handling, storage, transportation and treatment requirements. The Board is proposing to amend the rule to no longer require that the sharps portion of the treated biomedical waste stream be shredded prior to being landfilled. The Board is also proposing to clarify which discarded cultures and stocks are considered biomedical waste and subject to regulation under the Maine Biomedical Waste Management Rules.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-D(1-B) and 1319-O(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/waste/biomedical/index.html
BEP/DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06(1)(A), Wild Turkey, Spring Season
ADOPTED RULE NUMBER: 2011-126
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule adding WMD 19 to the upcoming spring turkey hunting zone.
EFFECTIVE DATE: April 26, 2011
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-11
ADOPTED RULE NUMBER: 2011-127
CONCISE SUMMARY: Minimum May 2011 Class I price is $23.00/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $26.55/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: May 1, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .

AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources (re: Maine Milk Commission)
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2011-128
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, is amended to reflect the estimated administrative costs of operating the pool for the remainder of calendar year 2011.
EFFECTIVE DATE: April 22, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
MILK COMMISSION WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
DEPARTMENTAL WEBSITE: http://www.maine.gov/agriculture/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY: 10-144 - Maine Well Drillers Commission (administered by DHHS)
CHAPTER NUMBER AND TITLE: Ch. 232, Well Drillers and Pump Installers Rules
ADOPTED RULE NUMBER: 2011-129 (Final adoption, major substantive)
CONCISE SUMMARY: The proposed changes include new requirements for the licensing of geothermal well drillers and pump installers in response to new statutory licensing requirements established by P.L. 2009, c. 153, “An Act Relating to Geothermal Heat Exchange Wells”. The rules also contain several corrections of typographical errors.
EFFECTIVE DATE: May 25, 2011
AGENCY CONTACT PERSON: David Braley, Maine Well Drillers and Pump Installers Rules, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 441-5324. E-Mail: David.Braley@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/wellDrillers.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .