August 28, 2013

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 NUMBERS AND TITLES:
Ch. 156, CO2 Budget Trading Program
Ch. 158, Budget Trading Program Auction Provisions
PROPOSED RULE NUMBER: 2013-P177, P178
BRIEF SUMMARY: The Department is proposing amendments to Ch. 156, which established a carbon dioxide cap-and-trade program in Maine to stabilize and reduce man-made emissions of CO2, a greenhouse gas, from large electric generators. Ch. 158 established provisions for implementing and administering CO2 allowance auctions, requirements for participation and the process for bids and transfer of allowances. The proposed amendments reflect statutory changes passed by the Legislature requiring the Department to adopt changes to be consistent with the regional greenhouse gas initiative model rule. This revises the annual carbon dioxide emissions budget through 2020. The amendments create a cost containment reserve (CCR) which provides flexibility and cost containment for the program.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ . Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making 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.
PUBLIC HEARING: No public hearing scheduled - 30 day written comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: September 27, 2013, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Eric Kennedy, Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-5412. Fax: (207) 287-7641. E-mail: Eric.Kennedy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 580, 585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations: Ch. 2.60, Aquaculture Lease Transfer; and 2.64, Experimental Aquaculture Lease Modifications
PROPOSED RULE NUMBER: 2013-P179
CONCISE SUMMARY: The principal reason for this rule-making proposal is to update the DMR’s aquaculture regulations in order to provide consistency with existing Maine aquaculture laws, specifically 12 M.R.S. §6072 sub-section 12-A, “Transferability”, and 12 M.R.S. §6072-A, “Limited-Purpose Lease for Commercial or Scientific Research”. In 2009, the Maine Legislature amended these state laws to specify a 14-day comment period as well as remove the hearing requirement for lease transfers; and to increase the size limitation for limited-purpose leases from 2 to 4 acres for commercial or scientific research.
PUBLIC HEARING: September 17, 2013. Natural Resources Service Center, Room 106. 6 Beech Street, Hallowell. 2 p.m. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: September 27, 2013. 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: Chris Vonderweidt (207-624-6558). Mail written comments to: Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, Maine 04333. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171, §6072, §6072-A
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms: 24.10(1)(D)(6), Maine – Restricted Area for American Oyster
ADOPTED RULE NUMBER: 2013-P180
CONCISE SUMMARY: This proposed regular rule-making would make permanent the emergency rule-making effective August 3, 2013 that adds the territorial waters of the Sheepscot River and all tributaries north of the Route 1 bridge connecting Wiscasset and Edgecomb, including but not limited to the Marsh River, Sherman Lake and Deer Meadow Brook, to the list of restricted areas for the movement of the American oyster (Crassostrea virginica) when the size of the oyster is greater than 3 mm. The justification for this chosen boundary was based on environmental conditions most conducive to MSX occurring north of the Route 1 bridge and no natural populations of oysters known to occur south of the bridge that would be exposed to this disease. MSX is an oyster disease is caused by a microscopic parasite. It is necessary to protect the American oyster resource (aquaculture and wild) from unusual damage and or imminent depletion that would be caused by continued uncontrolled movement of oysters infected by MSX throughout Maine’s waters.
The Department of Marine Resources found that there was a need for this 90-day emergency rule based upon the following information obtained by the Department during routine health surveillance. Specifically, Polymerase Chain Reaction (PCR) results received on July 30, 2013 from Kennebec River Biosciences in Richmond, Maine confirmed the presence of MSX (Haplosporidium nelsoni) in the Marsh River Conservation Area as defined in DMR Ch. 90.02. Approximately 50% of the 3-oyster pools sampled were found to be positive for MSX. Histology is currently being read to determine the levels of infection. The Department also found that this action was necessary and appropriate to prevent the spread of MSX infection outside of the currently affected areas.
MSX is a health and mortality problem for American oysters but does not affect human health or consumption. Oysters are routinely marketed from populations that carry MSX. The new restricted area will require persons to obtain a permit for movement-but not harvest-of shellfish from restricted areas to ensure a reasonable degree of certainty that the movement will not endanger the indigenous marine life or its environment in accordance with Ch. 24.05. Permits require pathological examination satisfactory to the Department showing the shellfish to be free of the disease found in the restricted area.
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: September 30, 2013. 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: Marcy Nelson (tel. (207) 633-9502). Mail written comments to: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6071
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-13
PROPOSED RULE NUMBER: 2013-P181
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: September 19, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 19, 2013
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: 14-118 - Department of Health and Human Services (DHHS), Office of Substance Abuse and Mental Health Services (SAMHS)
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing the Controlled Substances Prescription Monitoring Program: Section 5, Requirements for Dispensers
PROPOSED RULE NUMBER: 2013-P182
BRIEF SUMMARY: Change 14-118 CMR ch. 11, Rules Governing the Controlled Substances Prescription Monitoring Program: Section 5 Paragraph 2 Part D, Requirements for Dispensers: from “within seven (7) days of the controlled substance being dispensed”, to “within twenty four (24) hours of the controlled substance being dispensed”.
DETAILED SUMMARY:
Rationale: More timely data are expected to enable more informed prescribing and improved detection of questionable activity.
Evidence of effectiveness: Briefing on PDMP Effectiveness - http://www.pdmpexcellence.org/sites/all/pdfs/briefing_PDMP_effectiveness_april_2013.pdf .
Current adoption status: States vary in data collection interval, most at one or two weeks; one state has implemented real-time data collection.
Barriers to adoption: Cost, staff time, information technology hurdles.
A detailed report follows:
B. Reduce data collection interval; move toward real-time data collection
Rationale and evidence of effectiveness: State PDMPs receive updated prescription dispensing data from pharmacies at varying intervals, ranging from monthly to daily, with most pharmacies reporting every one or two weeks (ASPMP state profiles, 2011). This means that even PDMPs that supply end users with immediately available online reports are delivering data that often do not include patients' most recent prescription purchases. These omissions compromise the utility of prescription history data for clinical practice and drug diversion investigations (PDMP COE, NFF 2.3).
The Alliance of States with Prescription Monitoring Programs' PMP Model Act 2010 Revision recommends that pharmacies submit prescription data "no more than seven days from the date each prescription was dispensed" (ASPMP, 2010). Ideally, PDMP data would be collected in real-time, within a few minutes of a drug being dispensed. PDMPs across the country report increased demands from prescribers, particularly emergency department physicians, for prescription histories of their patients that are complete at the time of seeing a patient. The Oklahoma PDMP has implemented realtime data collection, slated to be fully functional by the end of 2012; this will serve as a pilot test of the feasibility and benefits of such a system (PDMP COE, NFF 3.1}. Data will be collected on the impact of the Oklahoma initiative on PDMP data quality, utilization by providers, and other outcomes, including overdoses from prescription drugs. Meanwhile, states can take incremental steps to reduce their data.
Prescription Drug Monitoring Programs: An Assessment of the Evidence for Best Practices 17 collection intervals from monthly to biweekly, weekly, or daily. States might also look to the Oklahoma experience as a guide to best practices in moving to real-time data collection.
Current adoption status: States vary In their data collection interval, with most collecting everyone or two weeks. While only the Oklahoma PDMP has implemented real-time data collection and reporting,
2012 legislation enacted in New York State mandates pharmacies to submit data in real-time to its PDMP; this provision goes into effect in 2013.
Barriers to adoption: The technical and logistical obstacles to real-time data collection and reporting are significant but can be overcome, as demonstrated recently by the Oklahoma PDMP (see PDMP COE, NFF 3.1). Real-time reporting will be difficult for many states to adopt soon given their limited resources.
PUBLIC HEARING: N/A
COMMENT DEADLINE: September 27, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Guy Cousins, 41 Anthony Avenue, Augusta, Maine 04333-0011. Telephone: (207) 287-2595. E-mail: Guy.Cousins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §7246
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES: http://www.maine.gov/dhhs/ and http://www.maine.gov/dhhs/samhs/ .
SAMHS RULE-MAKING LIAISON: Eriko.Farnsworth@Maine.gov .

ADOPTIONS

AGENCY: 01-015 Department of Agriculture, Forestry and Conservation, Maine Milk Commission (MLC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-13
ADOPTED RULE NUMBER: 2013-204 (Emergency)
CONCISE SUMMARY: Minimum September 2013 Class I price is $22.41/cwt. plus $1.53/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 $26.14/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: September 1, 2013
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)
CHAPTER NUMBER AND TITLE: Ch. 125, Perchloroethylene Dry Cleaner Regulation
ADOPTED RULE NUMBER: 2013-205
CONCISE SUMMARY: The Department has adopted amendments to its Ch. 125, Perchloroethylene Dry Cleaner Regulation, that require sources to reduce PERC emission to no more than 100 ppmv measured at a distance no greater than 3 feet from the dry cleaning drum. The 100 ppmv emission limit will align Maine's Ch. 125 with the federal NESHAPS requirements (the existing rule established a 50 ppmv limit), while concurrently improving compliance and enforceability. A number of other changes were also adopted, with these ranging from the elimination of obsolete monitoring and compliance protocols (such as the use of colorimetric gas analyzer tubes or sensory inspections), to the mandatory regeneration of carbon adsorbers no less frequently than once per week, or after every 25 loads, whichever is greater. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
EFFECTIVE DATE: August 28, 2013
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov . DEP Rules Website: www.maine.gov/dep/rules .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 04-061 (soon to be 01-672) ? Department of Agriculture, Forestry and Conservation, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Subdivision Exemptions)
ADOPTED RULE NUMBER: 2013-206
CONCISE SUMMARY: The Maine Land Use Planning Commission amends Ch. 10 Section 10.25,Q,1,g of the Land Use Districts and Standards regarding subdivision exemptions. The Commission adopts the revisions in order to further clarify the intent of the rules.
EFFECTIVE DATE: September 1, 2013
AGENCY CONTACT PERSON: Jean Flannery, LUPC, 106 Hogan Road - Suite 7, Bangor, ME 04401. Telephone: (207) 941-4590. E-mail: Jean.A.Flannery@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .