February 11, 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. 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. 885, Designation of Formaldehyde as a Priority Chemical and Regulation of Formaldehyde in Children’s Products
PROPOSED RULE NUMBER: 2015-P023
BRIEF SUMMARY: Due to a clerical error, the Department is reinitiating this rule-making that was originally posted for public comment on January 14, 2015. 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 rulemaking. 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: March 13, 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 .
DEP WEBSITE: http://www.maine.gov/dep/ .


AGENCY: 17-229 - Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Existing rules Ch. 200, 201 and 203 to be repealed and replaced with a new Ch. 205, Rules for Administering the Maine Traveler Information Services Act
PROPOSED RULE NUMBERS: 2015-P024 thru P027
BRIEF SUMMARY: MaineDOT is proposing to repeal the following existing rule Ch. 200, "Regulations for the Installation of Official Business Directional Signs"; Ch. 201, "Regulations for the Location of Political Posters and Signs"; and Ch. 203, "Regulations for 'Categorical Signs' Permitted outside the Right-of-Way". A new Ch. 205 will replace the repealed chapters.
This rule-making action will provide more flexibility on installing signs statewide and clarify what have been problem areas in administering past rules. It will allow continuity signage for Maine Logo signs, allow farmer’s markets signs in the state’s right of way and provide a licensing option for signs within the right of way. Specific enhancements include:
* Added definitions to codify existing business practices. The definitions are meant to provide guidance to alleviate on-going issues under the current rules.
* Maine Logo signs are directional in nature. The new rule requires that continuity signs (in the form of OBDS) are needed if the entity with the logo sign is not located immediately on the roadway that the interstate ramps connect with.
* The continuity OBDS signs do not need municipal approval. The continuity signs do not count towards the six maximum OBDS allowed.
* Adds a reconsideration and appeals section to streamline aggrieved parties.
* Development of charts indicating Categorical sign sizes and accepted locations.
* Allows farmers market signs in the states Right of Way.
* All new OBDS on National Highway System (NHS) roadways shall only be reflective type signs.
* No Categorical signs allowed on islands 6 feet or less in width (including hand held signs), nor in the center island of any rotary or roundabout. This is being done for safety of those holding signs, installing signs and view of vehicular traffic.
* Categorical signs cannot be placed in an area that interferes with or obstructs a driver’s view.
* Reinforces that entities installing categorical signs need to comply with dig-safe standards.
* Allows for licensing provisions for on-premises signs to be located in the states Right of Way for reasons of hardship, provided safety clear zone standards are met.
* More than one Changeable sign may be allowed on a property if that property abuts more than 1 roadway.
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: 4:30 p.m., Friday, March 13, 2015
CONTACT PERSON(s) FOR THIS FILING / SMALL BUSINESS INFORMATION: William Akins, Legal Administrator, MaineDOT Legal Services. Telephone: (207) 624-3020; and Stephen Landry, State Traffic Engineer. Telephone: (207) 624-3632. E-mail: Stephen.Landry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: There is no fiscal impact or additional work for municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA Ch. 21, §§ 1901-1925; 23 MRSA §52
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mdot/ .
MDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 317 (New), Statewide Arrearage Management Program
PROPOSED RULE NUMBER: 2015-P028
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to adopt a new rule (Ch. 317, Statewide Arrearage Management Program) that sets forth requirements and procedures related to the implementation of P.L. 2013, ch. 556, An Act to Assist Electric Utility Ratepayers Act. This rule will require that all transmission and distribution (T&D) utilities create and administer an Arrearage Management Program.
PUBLIC HEARING: March 2, 2015, 2:00 p.m., Public Utilities Commission, 101 Second Street Hallowell, Maine
COMMENT DEADLINE: March 13, 2015 -- Written comments on the proposed rule may be filed with the Administrative Director until March 13, 2015. However, the Commission requests that comments be filed by February 25, 2015 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2015-00015, and be filed through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stuart G. O’Brien, Maine PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1385. E-mail: Stuart.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 3214, 10110
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

ADOPTIONS

AGENCY: 06-481 � Department of Environmental Protection (DEO), Board of Underground Storage Tank Installers
CHAPTER NUMBER AND TITLE: Ch. 3, Certification of Underground Storage Tank Installers
ADOPTED RULE NUMBER: 2015-013
CONCISE SUMMARY: The rule amendment clarifies standards which applicants, primarily from outside of Maine, would need to meet to qualify for a variance from the tank installer apprenticeship program. The rule changes would also clarify reciprocity standards for applicants certified in another state, including consideration of their compliance record and that they are certified for tank removals as well as installations.
EFFECTIVE DATE: February 15, 2015
AGENCY CONTACT PERSON: George Seel, Department of Environmental Protection 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7166. E-mail: George.J.Seel@Maine.gov .
WEBSITE: http://www.maine.gov/dep/waste/busti/index.html .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-481 � Department of Environmental Protection (DEO), Board of Underground Storage Tank Installers
CHAPTER NUMBER AND TITLE: Ch. 6, Certification of Underground Oil Storage Tank Inspectors
ADOPTED RULE NUMBER: 2015-014
CONCISE SUMMARY: The current rule allows tank inspectors certified in another state to apply for reciprocity in Maine. One of the standards to qualify for reciprocity is that the applicant must be a resident of the State of Maine. The rule proposes to eliminate the residency requirement.
EFFECTIVE DATE: February 15, 2015
AGENCY CONTACT PERSON: George Seel, Department of Environmental Protection 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7166. E-mail: George.J.Seel@Maine.gov .
WEBSITE: http://www.maine.gov/dep/waste/busti/index.html .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .