January 15, 2014

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/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2014, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 28, 2014
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .

PROPOSALS

AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2014-P001
BRIEF SUMMARY: The proposed rule reduces license fees for the following license categories of the Manufactured Housing Board: License fees for dealers, manufacturers, installers, develop dealers, and mechanics will be reduced from $200 annually to $100 annually, and fees for installation, warranty, and state-certification seals purchased by dealers will be reduced from $200 to $160. In addition, the proposed rule eliminates references to and licensee fees for "commercial co-venturers" pursuant to PL 2013 c. 313 §2.
PUBLIC HEARING: February 12, 2014 at 9 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: February 26, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Anne L. Head, Director, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8511. E-mail: Anne.L.Head@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §8003(2-A(D) (general authority of OPOR director); 10 MRSA §9021(2-A) (Manufactured Housing Board); PL 2013 c.313 §2
SUBSTANTIVE ST ATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 143, New Source Performance Standards (NSPS)
Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS)
PROPOSED RULE NUMBERS: 2014-P002, P003
BRIEF SUMMARY: The Clean Air Act offers states the option of accepting delegation for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPS) federal requirements for incorporation into the states regulatory programs to streamline the air emission licensing processes. Maine's State Implementation Plan (SIP) provides for partial or complete delegation of the EPA Administrator's authorities and responsibilities to implement and enforce the NSPS and NESHAPS. This rule-making will incorporate by reference all new and amended NSPS and NESHAPS that have been added between July 1, 2004 and July 1, 2013 of which the Department has chosen to take delegation.
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: February 14, 2014 - 5:00 p.m.
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION: Lisa Higgins, Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7023. Fax: (207) 287-7641. E-mail: Lisa.Higgins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585-A, 585-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 149, General Permit Regulation for Nonmetallic Mineral Processing Plants
Ch. 164, General Permit for Concrete Batch Plants
PROPOSED RULE NUMBERS: 2014-P004, P005
BRIEF SUMMARY: The Department is proposing amendments to Ch. 149 and 164, which allow most Nonmetallic Mineral Processing Plants (NMMPP) and Concrete Batch Plants (CBP) to obtain operating permits from the Department without going through the licensing process required by Ch. 115, Major and Minor Source Air Emission Licensing Regulation. The proposed changes to Ch. 149 bring facilities who address licensing through a general permit into alignment with those covered under a traditional air emission license. The proposed changes to Ch. 164 provide for separation of responsibilities between equipment owners and operators which allows owners the flexibility to rent or loan equipment to other operators similar to Ch. 149.
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: February 14, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lynn Poland, Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2229. Fax: (207) 287-7641. E-mail: Lynn.Poland@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/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 335, Significant Wildlife Habitat
ADOPTED RULE NUMBER: 2014-001
CONCISE SUMMARY: The proposed rule-making amends Ch. 335 to be consistent with statutory changes enacted in PL 2011 ch. 362. These changes clarify the effect of vernal pool regulation on adjacent property owners, clarify the regulation of vernal pools which straddle property boundaries, and clarify the regulation of artificially created vernal pools.
EFFECTIVE DATE: January 7, 2014
AGENCY CONTACT PERSON: Mike Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 405, Maine Solid Waste Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization
ADOPTED RULE NUMBER: 2014-002
CONCISE SUMMARY: The rule is being revised to clarify that analytical work submitted to the Department in conformance with the standards and requirements of the Maine Solid Waste Management Rules must be conducted by laboratories with appropriate certifications. The Maine Department of Health and Human Services requires laboratory certifications in accordance with 22 M.R.S. §567 and the Maine Comprehensive and Limited Environmental Laboratory Certification Rules (10-144 CMR 263). The rule states that fact.
EFFECTIVE DATE: January 7, 2014
AGENCY CONTACT PERSON: Paula M. Clark, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7718. Fax: (207) 287-7826. E-mail: Paula.M.Clark@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
ADOPTED RULE NUMBER: 2013-003
CONCISE SUMMARY: This rule-making amends current requirements by providing additional options for conducting a site assessment at the time of the abandonment of an underground oil storage tank or facility, and updates installation, operation and maintenance requirements for underground storage facilities to be consistent with changes in industry and national standards of practice and changes in technology.
EFFECTIVE DATE: January 7, 2013
AGENCY CONTACT PERSON: George Seel, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7166. Fax: (207) 287-7826. E-mail: George.J.Seel@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 94-293 – Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Title 5: Vehicles and Transportation (specifically 5.5: Motorized trail bikes and ATV’s and 5.8: Snowmobiles). Title 4: Resource Protection and Wilderness Preservation (specifically 4.12: Research)
ADOPTED RULE NUMBER: 2014-P004
CONCISE SUMMARY:
5.8 - The current rule prohibits the use of ATV’s on the frozen surface of ponds and lakes that extend outside the boundary of Baxter State Park providing legal ATV access to ATV riders. This change allows the winter use of ATV’s on these ponds during the winter months when the surface is ice, and aligns the Baxter State Park rule with current Maine law governing ATV use on ponds and lakes.
5.5 - The change in this rule is simply to adjust the reference in this section to revised section 8 as proposed above.
4.12 - The Baxter Park Authority has approved the requirement of a media permit for the conduct of commercial media projects in the Park. This proposed rule change includes this requirement in the Park rules and provides Park enforcement rangers the authority to enforce the requirement of a permit for commercial media projects.
EFFECTIVE DATE: January 11, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Ada.Angotti@Maine.gov .
WEBSITE: http://www.baxterstateparkauthority.com/ .