August 1, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #09-12
PROPOSED RULE NUMBER: 2012-P168
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 .
PUBLIC HEARING: August 23, 2012, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 23, 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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 109, Emergency Episode Regulations (Amendments)
PROPOSED RULE NUMBER: 2012-P169
BRIEF SUMMARY: The Department is proposing to amend its Ch. 109, Emergency Episode Regulations, to incorporate the current federal Air Quality Index (AQI) thresholds for Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency action levels.
The proposed amendments to Ch. 109 are required pursuant to Section 110(a)(2)(G) of the 1990 Clean Air Act Amendments and federal regulations which requires states to have the authority to address activities causing imminent danger to public health, including emergency episodes provisions in their SIPs. 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.
PUBLIC HEARING: No public hearing scheduled, 30-day written comment period with an opportunity to request a public hearing.
COMMENT DEADLINE: August 31, 2012 - 5:00 p.m.
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 .
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.Dawson@maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 129, Surface Coating Facilities
PROPOSED RULE NUMBER: 2012-P170
BRIEF SUMMARY: The Clean Air Act (CAA) requires states to implement or update their regulations to require control technology on certain sources of volatile organic compound (VOC) emissions which contribute to the formation of ground-level ozone. This proposal amends the VOC limits for miscellaneous metal parts and products coating operations and expands the categories covered by the rule. In addition, miscellaneous plastic parts and products are covered by the proposed amendments. The compliance date for the rule is January 1, 2014. This rule will be submitted to EPA as a revision to Maine’s State Implementation Plan. Copies of this rule 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 listed above 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 requests are received prior to the close of the public comment period.
PUBLIC HEARING: No public hearing scheduled, 30-day written comment period, opportunity for hearing
COMMENT DEADLINE: August 31, 2012 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carolyn Wheeler, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Carolyn.Wheeler@Maine.gov .
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.Dawson@maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 686, Standards for Assessing Ability to Pay Deductibles under the Fund Insurance Program
PROPOSED RULE NUMBER: 2012-P171
BRIEF SUMMARY: The proposed rule, which can be found at www.maine.gov/dep/rules , establishes the standards used by the Department of Environmental Protection to assess a person's ability to pay deductibles assessed under the State insurance program for owners and operators of oil storage tanks.
PUBLIC HEARING: August 21, 2012 at DEP offices in Augusta
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m. on August 31, 2012. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON:
Mary James, DEP-BRWM, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7758. Fax: (207) 287-7826. E-mail: Mary.R.James@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §568-A(3)
WEBSITE: http://www.maine.gov/dep .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
ADOPTED RULE NUMBER: 2012-209
CONCISE SUMMARY: The Department of Environmental Protection has adopted amendments to Ch. 127, New Motor Vehicle Emission Standards. Diesel truck owners who need to have continuous power to their vehicle even when resting, use an auxiliary power unit (APU) rather than idle the main truck engine. The amendment to Ch. 127 allows for the installation of a Federal Tier 4 certified APUs, a lower cost alternative to the California certified APU.
EFECTIVE DATE: July 29, 2012
AGENCY CONTACT PERSON: Lynne Cayting, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Lynne.A.Cayting@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. 573, Snow Dumps: Best Management Practices for Pollution Prevention
ADOPTED RULE NUMBER: 2012-210
CONCISE SUMMARY: The purpose of this rule (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. Further, the rule will specify that the owner or operator of a snow dump facility that can not meet the siting criteria and best management practices may apply for a general permit, when available. A general permit scheme of permitting snow dumps will expedite the permitting process and have lower annual permit fees.
EFFECTIVE DATE: July 29, 2012
AGENCY CONTACT PERSON: Bill Hinkel, Department of Environmental Protection, 17 State House Station Augusta, ME 04333-0017. Telephone: (207) 485.2281. E-mail: Bill.Hinkel@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. 584, Surface Water Quality Criteria for Toxic Pollutants
ADOPTED RULE NUMBER: 2012-211
CONCISE SUMMARY: 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.
EFFECTIVE DATE: July 29, 2012
AGENCY CONTACT PERSON: 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 .
WEBSITE: http://www.maine.gov/dep .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .