May 23, 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: 04-061 - Department Of Conservation (DOC), Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2012-P89
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Hugh Coxe, Maine Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. TTY: (888) 577-6690. E-mail: Hugh.Coxe@Maine.gov .
PUBLIC HEARING: None
COMMENT DEADLINE: June 22, 2012
BRIEF SUMMARY: Ch. 10 rules establish land use standards for lands under the jurisdiction of the Land Use Regulation Commission. The goal of this rule-making is to reduce the regulatory burden on applicants and reduce staff time and paperwork for small projects with little or no impact. These rule changes will allow the construction of accessory structures less than 750 square feet in size in certain subdistricts without a permit subject to certain standards and conditions.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 10, Land Use Districts and Standards, adopted in accordance with 12 MRSA §206-A, contains the rules of the Maine Land Use Regulation Commission including standards that set out the land uses and activities allowed in the various subdistricts of the Commission’s jurisdiction. In an effort to reduce the regulatory burden on applicants and reduce staff time and paperwork for small projects with little or no impact, the Land Use Regulation Commission proposes changes to Ch. 10 to revise current language allowing “accessory structures” without a permit subject to standards in certain subdistricts, and add “accessory structures” to the list of uses allowed without a permit subject to standards in other subdistricts.
Currently, Ch. 10 allows accessory structures less than 500 square feet in size to be constructed without a permit in most development subdistricts, but not in management or protection subdistricts. The proposed changes would increase the size allowed in these development subdistricts from 500 square feet to 750 square feet, and also allow accessory structures without a permit subject to standards in the General Management and Great Pond Protection subdistricts. Standards and conditions are proposed as part of the changes to clarify in what situations these structures are allowed without a permit.
The proposed change replaces current accessory structure language in “Uses Allowed without a Permit Subject to Standards” in most development subdistricts with the following:
Accessory structures: New or expanded structures accessory to any legally existing principal structures and uses, provided that the total square footage of the footprint of all new or expanded accessory structures built on a lot within a two (2) year period is not more than 750 square feet and all other requirements and standards of Section 10.27,P are met;
The development subdistricts proposed for language replacement are:
* Commercial Industrial Development Subdistrict (D-CI) – Section 10.21,A,3,b,1
* Extended Settlement Subdistrict (D-ES) – Section 10.21,B,3,b,1
* General Development Subdistrict (D-GN) - 10.21,C,3,b,1
* Community Center Development Subdistrict (D-GN2) - 10.21,D,3,b,1
* Rural Settlement Development Subdistrict (D-GN3) - 10.21,E,3,b,1
* Residential Development Subdistrict (D-RS) - 10.21,H,3,b,1
* Community Residential Development Subdistrict (D-RS2) - 10.21,I,3,b,1
* Residential Recreation Development Subdistrict (D-RS3) - 10.21,J,3,b,1
The proposed change also adds this language to the list of “Uses Allowed Without a Permit Subject to Standards” in the General Management (Section 10.22,A,3,b,1) and Great Pond Protection (Section 10.23,E,3,b,1) subdistricts.
The proposed change adds a Section 10.27,P to Ch. 10, which sets forth the conditions that need to be met for a proposed accessory structure to be constructed without a permit. All new or expanded accessory structures allowed without a permit subject to standards must meet the following conditions:
1. Be accessory to a legally existing principal structure and use;
2. Meet the definition of accessory structure in Section 10.02,1;
3. Conform with the General Criteria for Approval in Section 10.24;
4. Meet the development standards in Sections 10.25 and the activity specific standards in Section 10.27, as applicable;
5. Meet all of the applicable dimensional requirements in Section 10.26,D-F;
6. Have unfinished interiors and not be used for human habitation;
7. Have no internal plumbing and not be supplied with water other than for a hose bib (exterior hose faucet);
8. Not be used for a home occupation;
9. Not be located in a flood prone area as defined in Section 10.02 and described in Section 10.23,C;
10. Neither use in construction nor produce any hazardous or toxic materials or substances;
11. Be consistent with the use of the principal structure and not add a new activity to those currently permitted at the site or facility; and
12. Not cause the total development on a property to exceed any gross floor area limitation related to the type of use.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at www.maine.gov/doc/lurc . To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 12 MRSA §684; §685-A,3, 7-A, and 8-B; and §685-C, 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml .
DOC RULE-MAKING LIAISON: Dan.Burke@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2012-P90
CONTACT PERSON / AGENCY LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 22, 2012
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend the fall wild turkey hunting season by adding Wildlife Management District (WMD) 18 to Zone 1 (from the Saturday preceding the Monday observance of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day). Only bow and arrow may be used to hunt wild turkey during the fall wild turkey hunting season in Zones 1 and 2.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 110, Ambient Air Quality Standards (Amendments)
PROPOSED RULE NUMBER: 2012-P91
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
PUBLIC HEARING: No public hearing scheduled, 30-day written comment period with an opportunity for a hearing.
COMMENT DEADLINE: June 22, 2012, 5:00 p.m.
BRIEF SUMMARY: The Department is proposing to amend its Ch. 110, Ambient Air Quality Standards, to explicitly incorporate the national ambient air quality standards (NAAQS) and ambient increments for prevention of significant deterioration (PSD). Although statute at 38 MRSA §584-A refers to the national ambient air quality standards as established by Section 109 of the CAAA, Ch. 110 must be amended to reflect the current NAAQS since statute cannot incorporate by reference. In addition to the explicit establishment of the NAAQS, the proposed amendments will also update the ambient increments to establish an increment for PM2.5, and repeal the state standard for chromium (there is no NAAQS for chromium or chromium compounds). These amendments will be submitted to EPA for incorporation in the Maine State Implementation Plan. Copies of this proposal are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov .

ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 421, Safety and Operation Standards for Liquefied Petroleum Gas (LPG) Distribution Systems
ADOPTED RULE NUMBER: 2012-156 (Final adoption, major substantive)
CONCISE SUMMARY: The PUC adopts amendments to safety and operations standards rules for liquefied petroleum gas (LPG) distribution systems (Ch. 421). These amendments amend the rules based on the Resolve adopted by the Legislature and signed into law subsequent to the Commission’s provisional adoption of amendments to the rule (Resolves 2011 ch. 143).
EFFECTIVE DATE: June 14, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2012-157
CONCISE SUMMARY: The adopted rule establishes a new section 32.10 in Ch. II that provides for an increased level of home support where certain criteria of need are met. The Department added definitions in Section 32.02 for the terms “Behavioral Interventions,” “Restraint” and “Seclusion.” The Department added clarifying language to Section 32.03 regarding eligibility and priority and reordered some of the wording. Additionally, the Department added language specifying the individual cost limits for waiver services, as set forth in the waiver application approved by the Centers for Medicare and Medicaid Services. Other technical changes and formatting were also done. This change is not expected to have an adverse economic impact on small businesses or municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 20, 2012
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy , 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2012-158 (Final adoption, major substantive)
CONCISE SUMMARY: This is a major substantive rule and will be final thirty days after it is filed. The Legislature approved the rule for final adoption in 2011 Resolve ch. 160, Regarding Legislative Review of Portions of Ch. 101, MaineCare Benefits Manual, Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders, a major substantive rule of the Department of Health and Human Services. The final adopted rule establishes a section of the MaineCare Benefits Manual that is known as Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders. These services are provided to children under a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Services in Ch. II include Home Support, Home Accessibility Adaptations, Transportation, Consultation, Communication Aids and Respite Care. Ch. III establishes the rates for services. Services will be provided to children with Intellectual Disabilities or Pervasive Developmental Disorders to support them to live in the community rather than in institutional settings. This change is not expected to have an adverse economic impact on small businesses or municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 20, 2012
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy , 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .