December 5, 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: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
PROPOSED RULE NUMBER: 2012-P278
BRIEF SUMMARY: This rule establishes standards and procedures for implementation of performance evaluation and professional growth systems (PE/PG systems) for teachers and principals in school administrative units. The rule defines terms, adopts sets of professional practice standards for teachers and principals, establishes criteria that must be met by student growth measures used in a PE/PG system and requires involvement of educators in implementation of systems. The rule sets forth the process for obtaining department approval of locally-developed plans.
PUBLIC HEARING: Thursday, December 27, 2012, 9 a.m. to 1 p.m., Room 103, Cross Office Building, Augusta
COMMENT DEADLINE: Monday, January 7, 2013, 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Deborah Friedman, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6612. E-mail: Deborah.Friedman@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A MRSA §13706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 20-A ch. 508
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-13
PROPOSED RULE NUMBER: 2012-P279
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: December 20, 2012, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 20, 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
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 15-214 - Department of Defense, Veterans, and Emergency Management, Maine Emergency Management Agency (MEMA)
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Dam Repair and Reconstruction Revolving Loan Program
PROPOSED RULE NUMBER: 2012-P280
BRIEF SUMMARY: This program is established to provide loans to municipalities and quasi-municipal corporations to conduct engineering studies, estimate costs of dam repair and make necessary repairs to dams owned by the municipality or quasi-municipal corporation. Program participants may borrow up to $100,000. The rule also allows the agency through the State Dam Inspector to rank projects applying for loans according to the condition of the dam and hazard potential. Application requirements, review, approval and disbursement of funds are also outlined in the rules.
DETAILED BASIS STATEMENT / SUMMARY: This program is established to provide loans to municipalities and quasi-municipal corporations to conduct engineering studies, estimate costs of dam repair and make necessary repairs to dams owned by the municipality or quasi-municipal corporation. Program participants may borrow up to $100,000. The rule also allows the agency through the State Dam Inspector to rank projects applying for loans according to the condition of the dam and hazard potential. Application requirements, review, approval and disbursement of funds are also outlined in the rules. The application process requires that the dam in question have a current Emergency Action Plan (EAP). There is $300,000 available for the program.
PUBLIC HEARING: None
COMMENT DEADLINE: December 30, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mark Hyland, Operations Division Director, MEMA, 72 State House Station, 45 Commerce Drive, Augusta, ME 04333. Telephone: (207) 624-4443. E-mail: Mark.Hyland@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: These rules if adopted, will allow municipal owners of dams to borrow up to $100,000 in low or no interest loans to perform engineering studies and repair dams including any legal costs to secure the loan.
STATUTORY AUTHORITY FOR THIS RULE: Title 37-B MRSA ch. 24 §1130
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mema/ .
RULE-MAKING LIAISON: Daniel.Goodheart@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2012-P281
BRIEF SUMMARY: In this rule-making the Commission is repealing and replacing Ch. 29 to recognize as instructed by statute, the cost of processing and distributing milk under Maine conditions. In order to avoid any concern that the Commission is adopting a rule that is substantially different than what was originally posted; we are reposting with the choices that the Commission made in accordance with 5 MRSA §8052 5b. The Commission requests comments on the proposed rule, and expresses a particular interest in the rates of return the 2 ½ % rate of return on processing and delivery costs and the 1 % rate of return on the raw milk costs.
PUBLIC HEARING: none
COMMENT DEADLINE: January 4, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-12
ADOPTED RULE NUMBER: 2012-335 (Emergency)
CONCISE SUMMARY: Minimum December 2012 Class I price is $24.64/cwt. plus $1.48/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 $28.32/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: December 02, 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 .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBERS AND TITLES:
Ch. 100, Definitions
Ch. 115, Major and Minor Source Air Emission License Regulation
Ch. 140, Part 70 Air Emission License Regulation
ADOPTED RULE NUMBER: 2012-336, 337, 338
CONCISE SUMMARY: The Environmental Protection Agency finalized regulations to implement the New Source Review (NSR) program for fine particulate matter (PM2.5). The Department adopted amendments to Ch. 115 and Ch. 140 to incorporate these PM2.5 updates. Amendments to the ambient air quality analysis and modeling/data collection protocol sections to include PM2.5 were also adopted. Plantwide applicability limits (PAL) requirements are included in Ch. 115. Ch. 100 was amended to include or amend definitions to support the Ch. 115 and 140 rulemaking and to correct incorporated federal requirements for licensed sources of greenhouse gases. All or portions of these rules will be submitted to the United States Environmental Protection Agency for approval and incorporation into the Maine State Implementation Plan as part of Maine’s major and minor source air emission licensing program. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/rules/index.html .
EFFECTIVE DATE: December 1, 2012
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/index.html .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 4
ADOPTED RULE NUMBER: 2012-339
CONCISE SUMMARY: The amendment eliminates the limitations on insurance for retail and professional office space projects, both of which were limited to $750,000.
EFFECTIVE DATE: December 9, 2012
AGENCY CONTACT PERSON / FAME RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .