February 12, 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. 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 NUMBER AND TITLE: Ch. 119, Motor Vehicle Fuel Volatility Limit
PROPOSED RULE NUMBER: 2014-P019
BRIEF SUMMARY: These amendments reflect recent legislation that requires beginning May 1, 2014, retailers who sell gasoline in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln counties shall sell only reformulated gasoline (RFG) year round.
Copies of this rule 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 must be publicly notified of the proposed rule-making, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All written comments should be sent to the Agency contact person. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: March 6, 2014, 9:00 a.m., Florian Hall, Department of Public Safety, 45 Commerce Drive, Augusta
COMMENT DEADLINE: March 17, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lynne Cayting, Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7599. Fax: (207) 287-7641. E-mail: Lynne.A.Cayting@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 38 MRSA §585-A, §585-N
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2013 Ch. 221
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2014-020
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
BRIEF SUMMARY: This proposed rule change is intended to more accurately reflect the agency’s financial position by moving from a cash to an accrual accounting structure.
There is no fiscal impact on state municipalities, counties or businesses. Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: March 6, 2014, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: March 17, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MHDO RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §8704 sub-§4, and §8706, sub-§2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: https://mhdo.maine.gov/ .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 323, Dental Equipment Revolving Loan Program
ADOPTED RULE NUMBER: 2014-016 (Repeal)
CONCISE SUMMARY: The rule is being repealed since the Finance Authority of Maine and the Department of Health and Human Services (DHHS) have terminated the agreement to administer the program and the program funds have been returned to DHHS.
EFFECTIVE DATE: February 9, 2014
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive Augusta, ME 04332. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: croney@famemaine.com .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2014-017
CONCISE SUMMARY: This rule permanently adopts an emergency rule adopted on November 15, 2013. This rule-making permanently updates the amount available for reimbursement in the hospital pool for the privately owned and operated Acute Care Non-Critical Access hospitals, hospitals reclassified to a wage area outside Maine by the Medicare Geographic Classification Review Board and rehabilitation hospitals, from fifty-one million six hundred-forty-two thousand thirty five dollars ($51,642,035) to sixty-five million three hundred-twenty-one thousand three hundred and one dollars ($65,321,301) for the 2013-2014 fiscal year. This change was submitted in the fourth-quarter 2013 State Plan Amendment and is awaiting CMS Approval. This rule-making will not impose any costs on municipal or county governments, or have any adverse impact on small businesses employing twenty or fewer employees.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: February 13, 2014
AGENCY CONTACT PERSON: Rachel Thomas, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4001. Fax: (207) 287-1864. TTY: 711 (Deaf/Hard of Hearing). E-mail: Rachel.Thomas@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.09, Harvesting Season; and Ch. 11.22, Targeted Closures: (8) Muscle Ridge; (10) Damariscotta River; (13) Muscongus Area; (14) Somes Harbor Sound; (15) Cobscook Bay; (16) St. Croix River; (17) Whiting Bay & Dennys Bay Area; (18) Gouldsboro Bay; (19) Jonesport Reach. Emergency Regulations
ADOPTED RULE NUMBER: 2014-018 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making in order to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. The Department is concerned that further unrestricted harvesting during the remainder of the 2013-14 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. This is based upon industry feedback, sea & port sampling observations, Marine Patrol observations and available survey data. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. A complete closure in Zone 3 for both draggers and divers is necessary. An immediate conservation closure is necessary in the Muscle Ridge, Damariscotta River, Muscongus Area, Somes Sound, Cobscook Bay, St. Croix River, Whiting Bay & Dennys Bay Area, Gouldsboro Bay, Jonesport Reach areas. For these reasons, the Commissioner hereby adopts these emergency closures of Maine’s scallop fishery as authorized by 12 M.R.S. §6171(3).
EFFECTIVE DATE: February 8, 2014
AGENCY CONTACT PERSON: Trisha De Graaf (207-624-6554)
AGENCY: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ .E-mail: Trisha.DeGraaf@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing) .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .