March 18, 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. 2, Rule Concerning the Processing of Applications and Other Administrative Matters (Amendments)
PROPOSED RULE NUMBER: 2015-P029 (Revised; comment deadline extended)
BRIEF SUMMARY: On February 18, 2015, the Department proposed amendments to its Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters, that will facilitate the electronic submission of applications, appeals and petitions, and eliminate the requirement to submit an original paper document within five working days of an electronic submission. The Department is now proposing additional revisions that will clarify the transfer of ownership definition in this rule, and allow for a more complete assessment of both the financial and technical capacity of a prospective licensee, before any license for a hazardous waste facility, solid waste disposal facility, waste oil facility, and biomedical waste facility license is transferred. Since this may be considered a substantial change, the Department is providing an additional written comment period.
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 rulemaking 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 is scheduled for this proposal
COMMENT DEADLINE: April 8, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Dept. of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards – Recreational Lodging and Revegetation Standards
PROPOSED RULE NUMBER: 2015-P044
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, regarding: i) recreational lodging, ii) revegetation standards, and iii) administrative corrections and clarifications. Specifically, the Commission proposes to expand clearing limits for recreational lodging facilities; add procedures for exceeding those limits; establish dimensional requirements for campsites and residential campsites; and correct and simplify the definition of Residential Campsite. The proposal clarifies, in cases where recreational lodging facilities are converted to another use, which dimensional requirements apply in general and those that must be met in the aggregate. This draft rule proposes to replace existing general revegetation provisions with standards that are consistent with those administered by the Maine Department of Environmental Protection. And the proposal addresses several administrative corrections and clarifications, such as unifying terms used and the format of citations.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to April 17, 2015. Written rebuttal comments must be submitted on or prior to April 24, 2015.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov. Website: www.maine.gov/doc/lupc .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 685-A(3), 685-A(7-A), §685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health & Human Services (DHHS), MaineCDC, Division of Population Health
CHAPTER NUMBER AND TITLE: Ch. 709 (New), Critical Congenital Heart Defects Screening
PROPOSED RULE NUMBER: 2015-P045
BRIEF SUMMARY: These rules define the responsibilities of hospital administration and staff, physicians and other health care providers, midwives and other “principal birthing attendants,” and others, with regard to the screening of newborn infants for critical congenital heart defects (CCHD) which if left untreated could cause critical incidents or death. These rules address the designation of a contact person in each hospital, timing and method of CCHD screening, parental refusal of tests, types of records to be maintained, responsibilities for follow-up and reporting or data collection.
PUBLIC HEARING: No public hearing has been scheduled. A public hearing will be held if requested in writing by 5 or more people.
COMMENT DEADLINE: April 17, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ellie Mulcahy, Children with Special Health Needs Program, DHHS, Maine CDC, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4623; 1-800-698-3624. Fax: (207) 287-4743. TTY Users: Dial 711 (Maine Relay). E-mail: Eleanor.A.Mulcahy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact on municipalities, counties or small businesses
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §1532
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 2013 PL 397
WEBSITE: http://www.maine.gov/dhhs/mecdc/population-health/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 75, Protected Resources
ADOPTED RULE NUMBER: 2015-P046
CONCISE SUMMARY: This proposed rule-making addresses the federal vertical line regulations (otherwise known as the “whale rules”), which were published by National Marine Fisheries Service (NMFS) on June 27, 2014, and which go into effect in Maine on June 1, 2015. This rule-making is necessary for consistency and compliance with the federal requirements of the Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act and the Endangered Species Act. With the new whale rules, there will be a minimum number of lobster traps per trawl based on the different lobster zones and distance from shore to reduce the number of buoy lines in the water column. The various changes apply to areas of Maine’s Pocket Waters, inside the Maine Sliver Area and Federal Waters. The Department is seeking to adopt additional gear marking, a new 6-mile line, minimum trawl lengths and some island buffers in regulation for compliance and consistency with the federal whale rules.
PUBLIC HEARING: April 6, 2015 - Natural Resource Service Center, 6 Beech Street, Room 106, Hallowell - 6 p.m.
DEADLINE FOR COMMENTS: April 16, 2015. 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: Sarah Cotnoir (tel. (207) 624-6596
Mail written comments to: Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, Maine 04333-0021. E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (711) Maine Relay. DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS §6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules (Repealed and replaced)
ADOPTED RULE NUMBER: 2015-028
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a complete repeal and replace of the current boating rules making them applicable to today’s boating standards and to include consistent language from the Code of Federal Regulations (CFR) regarding the safe operation of boats. These rules are being adopted in conjunction with the Department of Marine Resources under the Federal Boating Safety Act as administered by the U.S. Coast Guard. For a complete copy of the rule please contact the agency contact person.
EFFECTIVE DATE: March 14, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 24, Licensed Guides
ADOPTED RULE NUMBER: 2015-029
CONCISE SUMMARY: The Department has amended rules as they pertain to licensed guides to include a requirement for those who guide standup paddle boarders in Maine. In addition to other recreational sports, those receiving remuneration for trips involving standup paddle boards will be required to hold a valid guides license. The rule will apply to guided paddle sports both on inland and tidal waters. Please contact the agency rule-making contact person below for a complete copy of the rule.
EFFECTIVE DATE: March 14, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 850, Identification of Hazardous Wastes
Ch. 858, Universal Waste Rules
ADOPTED RULE NUMBERS: 2015-030, 031
CONCISE SUMMARY: These rules add paint waste as a new type of universal waste. In addition, the hazardous waste rules relating to universal waste were moved from Ch. 850 into the new Ch. 858. Other minor modifications to Ch. 850 and Ch. 858 were also made. These rules were adopted under the Department’s rule-making authority under 38 MRSA §1319-O(1) and §2144. These rules are routine technical rules.
EFFECTIVE DATE: March 11, 2015
AGENCY CONTACT PERSON: Stacy Ladner, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-2651. E-mail: Stacy.A.Ladner@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


?AGENCY: 29-250 – Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 162, The Administration of the International Registration Plan
ADOPTED RULE NUMBER: 2015-032
CONCISE SUMMARY: The International Registration Plan (IRP) is a commercial vehicle base-state registration agreement, in effect among the US states and Canadian provinces, in which the registrant pays a percentage of each jurisdiction's registration fee based on the percentage of miles operated in each jurisdiction.
In 2013, the IRP was amended to implement the "full reciprocity" plan and to remove the use of estimated distance, and to provide that all fees for renewal applications be calculated using the registrant's actual mileage for the reporting period. New registrants would apportion for the first time using the state's average IR.P per vehicle mileage by jurisdiction.
Both new and renewal registrants would have the ability to operate in all member jurisdictions.
The "full reciprocity" plan becomes effective January 1, 2015. Registrants would no longer have to estimate mileage for jurisdictions in which they did not operate. Registrants would no longer need to add jurisdictions during the registration year.
EFFECTIVE DATE: March 17, 2015
CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .


AGENCY: 02-333 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Licensure of Foresters
CHAPTER NUMBERS AND TITLES:
Ch. 10, Definitions (Repealed)
Ch. 40, Educational Qualifications for Issuance of an Intern Forester License (Repealed and replaced)
Ch. 50, Variance from Educational Qualifications for Issuance of an Intern Forester License (Repealed)
Ch. 60, Sponsorship of Intern Foresters (Repealed)
Ch. 70, Licensure as Forester (Repealed and replaced)
Ch. 80, Continuing Forestry Education (Amended)
Ch. 110, Transition Provisions (Repealed)
ADOPTED RULE NUMBERS: 2015-033 thru 039
CONCISE SUMMARY: In this rule-making, the board: consolidated, reorganized, and updated rule chapters pertaining to qualifications for intern forester licensure and forester licensure; incorporated statutory changes to the forester licensing standards established by PL 2013, c. 527; repealed unnecessary rule chapters; and amended rules pertaining to continuing forestry education. Ch. 40 now sets forth all qualifications for an intern forester license, and Ch. 70 sets forth all qualifications for a forester license. The board amended Ch. 80 on continuing forestry education by changing the continuing education requirement from 12 hours during the two year period ending on December 31 of each even-numbered year to 6 hours each year; by adopting the auditing process set forth in Ch. 13 of the rules of the Office of Professional and Occupational Regulation; and by removing the continuing education requirement for a licensee’s first renewal.
EFFECTIVE DATE: April 1, 2015
AGENCY CONTACT PERSON: Karen Bivins, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. E-mail: Karen.L.Bivins@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/foresters/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .