January 14, 2015

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 Commission
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2015, 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 a summary on these recommendations in the report. Please submit comments via e-mail or U.S. postal.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 28, 2015
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: 01-669 - Department of Agriculture, Conservation and Forestry, Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas
PROPOSED RULE NUMBER: 2015-P001
BRIEF SUMMARY: The Maine Department of Environmental Protection is delegating permit granting authority to the Bureau of Forestry (Maine Forest Service) for timber harvesting and related activities regulated under the Natural Resources Protection Act (NRPA). This rule-making will amend Maine Forest Service Ch. 21 "Statewide Standards for Timber Harvesting and Related Activities in Shore land Areas" to incorporate the permitting process and reconcile differences between NRPA water crossing standards and standards in Ch. 21. It also clarifies which activities are considered timber harvesting and which are not when vegetation is removed in proximity of existing development. To obtain a copy of the proposed rule contact Patti Roberts, Maine Forest Service, 22 State House Station, Augusta ME 04333. Telephone: (207) 287-2791. E-mail: Patti.Roberts@Maine.gov .
PUBLIC HEARINGS:
Farmington: February 3rd 2015 at 6:00 p.m. in Farmington at the University of Maine – Farmington, Olsen Student Center, Dining Hall Section C
Bangor: February 4th 2015 at 6:00 p.m. in Bangor at the Bangor Motor Inn 701 Hogan Road, Bangor
COMMENT DEADLINE: Monday February 16th 5:00 p.m. Submit Comments to: Patti Roberts, Maine Forest Service, 22 State House Station, Augusta ME 04333 or by e-mail: Patti.Roberts@Maine.gov .
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Keith Kanoti, 22 State House Station, Augusta ME 04333. Telephone: (207) 287-1073. E-mail: Keith.Kanoti@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: Sec.1 38 MRSA §480-E-3 as enacted by PL 2011 c. 599 and amended by PL 2014 ch. 570
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari Wells-Eagar: Mari.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards PROPOSED RULE NUMBER: 2015-P002
BRIEF SUMMARY: The purpose for this proposed rule amendment is to delay implementation of California's aftermarket catalytic converter requirements for three years to June 1, 2018. In addition clarification for exempt vehicles is proposed in Section 4(F)(5).
The purpose for delaying the effective date to June 1, 2018 is to allow more time for small manufacturers to comply and for other states in the region to adopt these requirements. States in the Ozone Transport Region have asked EPA to adopt the CARB ACC standards. The Ozone Transport Region Committee has also drafted the state Model Rule for Sale of Aftermarket Catalytic Converters based on California's program. Additional time will allow these provisions to be adopted with a more uniform implementation process across the region.
These amendments will be submitted to EPA as a revision to Maine's State Implementation Plan.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom Graham, 17 Statehouse Station, Augusta, ME 04333. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
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: The deadline for receipt of written comments on the proposed rule is 5 p.m., February 17, 2015. Please include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THE 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 .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 129, Surface Coating Facilities
PROPOSED RULE NUMBER: 2015-P003
BRIEF SUMMARY:·The Department's proposal, based upon USEPA Control Technique Guidelines, expands the types of coating operations regulated by Ch. 129 to include miscellaneous plastic parts and products. The amendments provide for five major surface coating categories with numerous subcategories in each to further identify which coatings are subject to a specific emission limit. The emission limits are achieved by using low-VOC coatings and add-on controls either alone or in combination.
These amendments will be submitted to EPA as a revision to Maine's State Implementation Plan.
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: The deadline for receipt of written comments on the proposed rule is 5 p.m., February 17, 2015. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATION: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 42 U.S. Code §7511c
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. 885, Designation of Formaldehyde as a Priority Chemical and Regulation of Formaldehyde in Children's Products
PROPOSED RULE NUMBER: 2015-P004
BRIEF SUMMARY: As provided by Maine law 38 MRSA §1694, the Department has the authority to promote chemicals on Maine's chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control ("Maine CDC").
A review of Maine's chemicals of high concern list has resulted in the identification of formaldehyde as having the ability to cause significant known adverse health effects to the human body. Therefore, formaldehyde has been selected for designation as a priority chemical. Formaldehyde meets one or more of the statutory criteria for listing as a priority chemical and has the strong potential to be present in product categories of particular concern to the Department's Safer Chemicals Program.
Whereas there is a lack of information available in the public domain regarding the current use of formaldehyde in children's products, the Department pursues this action in order to require reporting from manufacturers or distributors of children's products that contain this formaldehyde which has been intentionally added to impart a specific functionality or characteristic to the final product.
Reporting provides the Department with important information on how and where this chemical is used in children's products. With this information the Department can make better informed decisions on the regulation of chemicals in children's products.
Copies of these rules are available upon request by contacting the Agency contact person listed on this form or on the DEP website at 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: N/A
COMMENT DEADLINE: February 17, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207)287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@maine.gov


06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 888, Designation of Four Members of the Chemicals Class Phthalates as Priority Chemicals
PROPOSED RULE NUMBER: 2015-P005
BRIEF SUMMARY: This draft rule is proposed by citizen petition pursuant to 5 MRSA §8055, which was received by the Department on May 14, 2014. The proposed rule designates four members of the chemical class phthalates as priority chemicals and requires reporting for certain product categories that contain one or more of the four listed phthalates. The proposal applies to manufacturers of specified product categories that contain intentionally added di92-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), or diethyl phthalate (DEP).
As provided by Maine law at 38 MRSA § 1694, the Department has the authority to promote chemicals on Maine's chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control ("Maine CDC"). Once classified as a priority chemical, the Department has the authority to require manufactures of specified product categories to report their use of a priority chemical above de minimis levels.
In order to make the originally proposed draft rule more consistent with currently effective rules implemented by the Safer Chemicals Program, and to better align the proposed rule with Maine law, the Department has made substantial changes to the originally proposed draft. This public notice provides an opportunity for public review and comment regarding those changes.
Copies of the draft rule is 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 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: N.A
COMMENT DEADLINE: February 17, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207)287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

No adoptions this week