May 2, 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. 573, Snow Dumps: Exemption from Waste Discharge License (originally effective September 1, 1988)
PROPOSED RULE NUMBER: 2011-P247 (reopened)
CONTACT PERSON FOR THIS FILING: Bill Hinkel, Dept. of Environmental Protection, State House Station 17, Augusta, ME 04333. Telephone: (207) 485-2281. Fax: (207) 287-3435. E-mail: Bill.Hinkel@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: n/a
COMMENT DEADLINE: June 1, 2012 by 5:00 p.m. 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.
BRIEF SUMMARY: The purpose of this rule amendment (repeal and replace) is to define siting criteria and best management practices for pollution prevention associated with snow dumps that, when followed, will not result in a discharge of pollutants and will not require a waste discharge permit. The Department held a public hearing on December 6, 2011 on the proposed amendments to Snow Dumps: Exemption from Waste Discharge License, 06-096 CMR 573. The comment period closed on January 6, 2012. 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 substantially from the Department’s proposed rule, and is requesting comments on the proposed changes to the proposed rule.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities are anticipated to incur fewer permitting fees and have an expedited permit process (general permit) available.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-H and 413
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 01-015 -Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #06-12
PROPOSED RULE NUMBER: 2012-P59
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 24, 2012, Thursday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 24, 2012
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 .


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: 2012-P60
CONTACT PERSON FOR THIS FILING: Scott D. Whittier, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7674. Fax: (207) 287-7826. E-mail: Scott.Whittier@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: n/a
PUBLIC HEARING: May 22, 2012 at 1:00 p.m., DEP Response Services Training Room, 4 Blossom Lane, Augusta
COMMENT DEADLINE: 5:00 p.m., June 1, 2012. 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 et seq. and underground hazardous substance storage facilities regulated under rules adopted pursuant to 38 MRSA §1364(2). The training requirements specified in the proposed rule are modeled after guidelines provided by USEPA (Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005 (August 2007)). The proposed rule establishes two operator classes (A/B and C) and sets out the specific training requirements for each class of operators. The rule also requires the department to develop and administer operator training and testing requirements. The rule tracks recently enacted Maine law that requires certification to be renewed every 2 years unless there is a change in the leak detection system or a finding of non compliance. The rule provides that if facility operators choose to re-certify each year the operators will not be required to re-certify upon a finding of non compliance. The rule also provides that third party training programs may be approved for use and identifies the content of third party training programs and a process for obtaining approval. The rule proposes that underground tank operators become trained by the federally established deadline of August 8, 2012.
IMPACT ON MUNICIPALITIES OR COUNTIES: A training program is currently available, free of charge, to operators of underground petroleum storage facilities. However, there remains a minor impact to the regulated community in terms of the time necessary for operators to take the required training, and meet the certification requirements.
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: Federal Law - Federal Energy Policy Act of 2005; 38 MRSA §§ 561 et seq.
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03(A-3), Expanded Archery Season (a portion of WMD 24)
PROPOSED RULE NUMBER: 2012-P61
CONTACT PERSON FOR THIS FILING / IF&W RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 1, 2012
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt a rule amending the Expanded Archery Deer Hunting Season areas by updating road names and routes within a portion of Wildlife Management District 24 to remove the Town of Phippsburg from the expanded archery hunting area. A copy of the proposed changes may be obtained from the Agency Contact Person listed above.
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2012-P62
CONCISE SUMMARY: This proposed rule seeks to reduce rates paid under this section by 10%. These changes would permanently adopt changes already made on an emergency basis that took effect April 1, 2012. The reduction in rates was directed in the supplemental budget, P.L. 2011, ch. 477, part M-1.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, Public Law 2011, Ch. 477, Part M-1
PUBLIC HEARING: Tuesday, May 22, 2012, 9:30 a.m., Conference Room # 111B, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 11, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 1, 2012.
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, MaineCare Services, 11 State House Station, 242 State Street, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 15, Chiropractic Services
PROPOSED RULE NUMBER: 2012-P63
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is proposing to adopt permanently previously adopted emergency changes to Ch. 101, MaineCare Benefits Manual, Section 15, Ch. II, Chiropractic Services, pursuant to Public Law 2011, Ch. 477, the Maine Supplemental Budget. The change limits reimbursement for Section 15, Chiropractic Services to twelve (12) visits per rolling calendar year for adult members. The Department is also clarifying Section 15.04, Specific Eligibility for Care, to align with the definition of rehabilitation potential earlier in the Section.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2011, ch 477,Part M-1, 22 MRSA §42, §3173
PUBLIC HEARING: Monday, May 21, 2012, at 3:00 p.m.
NEW LOCATION: Conference Room #1, Department of Health and Human Services, MaineCare Services, 242 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing please contact the agency person listed above before May 14, 2012.
DEADLINE FOR WRITTEN COMMENTS: Written comments must be received by midnight on Thursday, May 31, 2012.
AGENCY CONTACT PERSON: Delta Chase, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: (207) 287-1828 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 75, Vision Services
PROPOSED RULE NUMBER: 2012-P64
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is proposing to adopt permanently previously adopted emergency changes to Ch. 101, MaineCare Benefits Manual, Section 75, Ch. II, Vision Services, to comply with Public Law 2011, Ch. 477, Maine State Supplemental Budget. This change limits MaineCare Services reimbursement to one (1) routine eye exam every three (3) rolling calendar years for members ages twenty-one (21) and over. Routine eye exams indicated as the standard of care for specific medical diagnoses (ex. diabetes) or for high-risk medication use (ex. Plaquenil) will continue to be covered as medically indicated.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, PL 2011, Ch. 477, Part M
PUBLIC HEARING DATE/TIME: Tuesday, May 22, 2012, at 9:00 a.m.
NEW LOCATION: Conference Room # 1, Department of Health and Human Services, MaineCare Services, 242 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 15, 2012.
DEADLINE FOR COMMENTS: Written comments must be received by midnight on Friday, June 1, 2012.
AGENCY CONTACT PERSON: Delta Chase, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 95, Podiatric Services
PROPOSED RULE NUMBER: 2012-P65
CONCISE SUMMARY: This rule is being proposed to permanently adopt the requirement of Public Law 2011, Ch. 477, the Maine State Supplemental Budget, Part M-1 requiring that MaineCare Services reduce reimbursement of Podiatric Services by ten percent (10%). As there is no Ch. III billing chapter for Section 95, Podiatric Services, this rulemaking also necessarily updates the policy with the DHHS Rate Setting website address where providers may access their current reimbursement rates. The Department is also updating other website links in the policy to align with current Departmental procedures.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3173, Public Law 2011, Ch. 477, Part M-1
PUBLIC HEARING: Wednesday, May 23, 2012, at noon
NEW LOCATION: Conference Room #1, Department of Health and Human Services, MaineCare Services, 242 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing please contact the agency person listed above before May 16, 2012.
DEADLINE FOR WRITTEN COMMENTS: Written comments must be received by midnight on Sunday, June 3, 2012.
AGENCY CONTACT PERSON: Delta Chase, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 34, Groundfish: 34.10 (1)(B), Maine Groundfish Management Plan; Size, Possession and Gear Restrictions; Recreational Cod and Pollock Size and Limit Adjustments
PROPOSED RULE NUMBER: 2012-P66
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council, Amendment 13 to the NE Multispecies Fishery Management Plan biennial adjustment process, and for consistency with the National Marine Fisheries Service federal regulations effective May 1, 2012, the Department proposes for all persons aboard charter, party and recreational fishing vessels operating in state waters adhere to the following: a decrease in the minimum size of cod fish from 24 inches to 19 inches and a decrease in the per-angler possession limit of cod from 10 to 9. These rules are designed to reduce the Gulf of Maine cod catch by recreational fishermen. The lower catch limit is needed because the GOM cod stock is now smaller than previously believed. Reducing the minimum cod size will allow anglers to catch fewer fish to reach their nine fish possession limit while at the same time reduce the number of discarded fish (now assumed to all die). Also, the amount of pollock less than 19 inches that will be allowed to be taken will increase from six (6) to twelve (12). This fishery is healthier than it has previously been and can withstand this increase.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS §6171
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: June 4, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Mr. Terry Stockwell. Telephone: (207) 624-6562.
Mail written comments to the DMR rule-making liaison: attn.: K. Rousseau.
CONTACT INFORMATION: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
E-MAIL: dmr.rulemaking@maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 37, Freshwater Fish Regulations: 37.09, Bass Tournament Permits in Maine Coastal Waters
PROPOSED RULE NUMBER: 2012-P67
CONCISE SUMMARY: The proposed rulemaking would require a person or an organization who conducts a bass tournament or fishing derby for freshwater species in the coastal waters of the state to obtain a permit issued by Inland Fisheries and Wildlife as outlined in Title 12 §12505. Approved permits for Maine Coastal Waters will be provided to the Maine Marine Patrol Division Office holding jurisdiction over the tournament/derby location.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS §6171, 12 MRS §12505
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: June 4, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Mr. Bruce Joule. Telephone: (207) 633-9505).
Mail written comments to the DMR rule-making liaison: attn.: K. Rousseau.
CONTACT INFORMATION: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
E-MAIL: dmr.rulemaking@maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 41, Menhaden: 41.30, Menhaden Pilot Program
PROPOSED RULE NUMBER: 2012-P68
CONCISE SUMMARY: This proposed rule would make permanent the Menhaden Pilot Program as outlined in DMR regulations Ch. 41.30 by eliminating the sunset expiration clause of June 1, 2012. This pilot program is sought to become permanent as it has been deemed successful by the menhaden industry and the DMR. The program is a combination of options originally set forth by both the Department and those from the menhaden industry considered necessary as a precautionary approach to conserve the fishery due to increasing pressure on bait fisheries
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS §6171
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: June 4, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Mr. Terry Stockwell. Telephone: (207) 624-6562.
Mail written comments to the DMR rule-making liaison: attn.: K. Rousseau.
CONTACT INFORMATION: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
E-MAIL: dmr.rulemaking@maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish: 34.10(1)(B), Maine Groundfish Management Plan; Size, Possession and Gear Restrictions; Recreational Cod Size and Limit Adjustments
ADOPTED RULE NUMBER: 2012-108 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making designed to reduce the Gulf of Maine (GOM) cod catch by recreational fishermen. The lower catch limit is needed because the GOM cod stock is now smaller than previously believed and is facing imminent stock depletion. Specifically, the changes are a decrease in the minimum size of cod fish from 24 inches to 19 inches and a decrease in the per-angler possession limit of cod from 10 to 9.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: Friday, April 27, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSONS FOR THIS FILING: Terry Stockwell (207-624-6562)
AGENCY NAME: Department of Marine Resources, attn: K. Rousseau (rule-making liaison), 21 State House Station, Augusta, Maine 04333-0021.
TELEPHONE: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-12
ADOPTED RULE NUMBER: 2012-130 (Emergency)
CONCISE SUMMARY: Minimum May 2012 Class I price is $19.10/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.86/cwt. handling fee for a total of $24.17/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: April 29, 2012
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 .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI Maine Public Assistance Manual, Rule #93A: C. II, Non-Financial Eligibility, ASPIRE-TANF pages 38-41
ADOPTED RULE NUMBER: 2012-131
CONCISE SUMMARY: This rule revised the penalty for failure to comply with the ASPIRE-TANF program rules:
1. For the first failure to comply benefits to the individual will be terminated for the lesser of ninety (90) days or until the failure to comply ceases Benefits for the remainder of the eligible family members will continue.
2. When the first failure to comply lasts for longer than 90 days and for a second and subsequent violation, termination of benefits applies to the adult recipient and the full family unit.
Benefits shall be restored once the recipient signs the contract and verifies compliance with the provisions of the contract.
EFFECTIVE DATE: April 30, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE) - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER: 2012-132 (Final adoption, major substantive)
CONCISE SUMMARY: The proposed amendments to Ch. 61, Rules for Major Capital School Construction Projects”, which is a State Board of Education rule, makes changes in the rating process and scoring of schools applying for Major Capital School Construction funds. The proposal also strengthens language relating to a school administrative unit's financial record keeping and gives better direction relating to temporary borrowing, investing, and bonding of projects.
Finally, the proposal changes the State Board's approval of plans and specifications from a set that is 95% complete to a set that is 100% complete, and authorizes a project manager to more closely monitor the construction process and project expenditures.
EFFECTIVE DATE: May 25, 2012
AGENCY CONTACT PERSON: Scott Brown, Director of School Facilities, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6883. E-mail: Scott.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .


AGENCY: 90-668 - State Charter School Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Procedures for Commission Authorization of Public Charter Schools
ADOPTED RULE NUMBER: 2012-133
CONCISE SUMMARY: This rule sets forth the process by which the State Charter School Commission solicits, accepts and reviews applications for the formation of public charter schools. The rule also sets forth the performance indicators that will be used as the performance framework for any approved application, and minimum requirements for a charter contract.
EFFECTIVE DATE: May 1, 2012
AGENCY CONTACT PERSON: Jennifer Pooler, State Charter School Commission, 23 State House Station, Augusta, ME 04330. Telephone: (207) 624-6638. E-mail: Jennifer.Pooler@Maine.gov .
WEBSITE: http://www.maine.gov/csc/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances
ADOPTED RULE NUMBER: 2012-134
CONCISE SUMMARY: In response to a directive from the Committee on Environment and Natural Resources, that was contained in a letter dated May 31, 2011, the Department of Environmental Protection has adopted amendments to Ch. 1000, Section 13(A), Establishment of Districts and Section 15(B)(1), Principal and Accessory Structures, to remove the requirement that wetland areas rated as moderate or high value waterfowl and wading bird habitat be designated as Resource Protection in municipal shoreland zoning ordinances.
EFFECTIVE DATE: May 5, 2012
AGENCY CONTACT PERSON: Deirdre Schneider, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 557-0353. E-mail: Deirdre.Schneider@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. 164, General Permit for Concrete Batch Plants
ADOPTED RULE NUMBER: 2012-135
CONCISE SUMMARY: The Department has adopted this new rule which establishes a general permit program for stationary and portable concrete batch plants that are subject to Federal New Source Performance Standards (NSPS), National Emissions Standards for Hazardous Air Pollutants (NESHAPS) and State regulations. Owners/operators of this category of facilities that are minor sources may obtain coverage under this general permit regulation in lieu of obtaining an individual air emission license under the Department’s Ch. 115 Major and Minor Source Air Emission License Regulations.
CHAPTER NUMBER AND TITLE: Ch. 165, General Permit for Class IV-A Incinerators
ADOPTED RULE NUMBER: 2012-136
CONCISE SUMMARY: The Department has adopted this new rule which establishes a general permit program for Class IV-A Crematory Incinerators and Veterinary Incinerators that are subject to Federal New Source Performance Standards (NSPS), National Emissions Standards for Hazardous Air Pollutants (NESHAPS) and State regulations. Owners/operators of these incinerators may qualify for licensing in lieu of obtaining an individual air emission license under the Department’s Ch. 115 Major and Minor Source Air Emission License Regulations.
EFFECTIVE DATE: May 6, 2012
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333. Telephone: (207) 287-2437. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .