March 14, 2012

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. 584, Surface Water Quality Criteria for Toxic Pollutants
PROPOSED RULE NUMBER: 2011-P214 (reopened)
CONTACT PERSON FOR THIS FILING: Robert D. Stratton, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04330-0017. Telephone: (207) 215-1579. Fax: (207) 287-3435. E-mail: Robert.D.Stratton@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill. Teephone: (207) 287-7881. E-mail: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: N/A
COMMENT DEADLINE: April 13, 2012. 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.
BRIEF SUMMARY: The Department held a public hearing on November 1, 2011 on the proposed amendments to rule Ch. 584, Surface Water Quality Criteria for Toxic Pollutants. The comment period closed on December 1, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRSA §8052(5) requires that “[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule.”
Please limit comments to the changes from the proposed rule which are available at the DEP web page http://www.maine.gov/dep/rules . Changes are shown as double underlined text for additions and strikethrough of single underlined text for deletions.
The surface waters of the State are managed to prevent contamination from toxic pollutants in toxic amounts in order to meet the goals of the Clean Water Act and Maine’s water quality standards. Toxic compounds may not be discharged in amounts that may cause toxic impacts on aquatic organisms or affect human health. This rule revision changes the cancer risk level, statewide fish consumption rate, bioconcentration factor, and establishes a percent inorganic factor for inorganic arsenic for use in calculating ambient water quality (human health) criteria. It also establishes revised inorganic arsenic criteria accordingly. Further, this revision updates Maine’s ambient water quality and human health criteria for pollutants for which USEPA has updated criteria since Maine’s last revision in 2005, using Maine-specific parameters where applicable.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule revision will benefit municipalities that operate affected Publicly Owned (wastewater) Treatment Works (POTWs) by eliminating criteria for arsenic that are believed to be unattainable and establishing new arsenic criteria still within USEPA guidelines. Further, it will benefit affected municipalities by ensuring that the Department utilizes the most current criteria.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-H, 420, and 464
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
ADOPTED RULE NUMBER: 2012-71
CONCISE SUMMARY: The Department of Environmental Protection has adopted amendments concerning requirements for the abandonment of underground motor fuel, marketing and distribution oil storage tanks upon the expiration of their tank manufacturer warranty. These amendments allow tanks and their associated facilities to remain in operation for 10 years beyond their warranty expiration date. Additionally the rule includes safeguards to prevent an increase in the number of petroleum leaks to ground water from affected underground storage tank facilities.
EFFECTIVE DATE: March 13, 2012
AGENCY CONTACT PERSON: George Seel, Department of Environmental Protection, State House Station 17, Augusta, ME 04333. Telephone: (207) 287-7166. E-mail: George.J.Seel@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 9, Indian Health Services, and Ch. II & III Section 3, Ambulatory Care Clinic Services
ADOPTED RULE NUMBER: 2012-72, 73
CONCISE SUMMARY: The adopted rules will consolidate and update all rules pertaining to the reimbursement of Indian Health Service (IRS) clinic services to one new section of MaineCare Benefits Manual (MBM) policy. Services provided by IRS providers are subject to different federal guidelines. Separation of these rules will clarify specific rules for IRS providers. The Department will also add guidelines for co-payment exemptions and tribal consultation to be in compliance with Section 5006(a) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law 111-5.
Currently IRS services are included in MBM Section 3, Ambulatory Care Clinic Services. The Ambulatory Care Clinic Services section of the MBM will be amended at the same time as this rulemaking in order to delete those portions that will now be part of Section 9, Indian Health Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: March 21, 2012
AGENCY CONTACT PERSON: Jamie L. Paul, Comprehensive Health Planner II, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Jamie.L.Paul@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .