June 17, 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: 01-001 - Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: Ch. 31, Rules for Operation of Potato Marketing Improvement Fund
PROPOSED RULE NUMBER: 2015-P089
BRIEF SUMMARY: This rule amendment implements revisions necessitated by 2013 Public Law ch. 403 which amended 7 MRS ch. 103, Article 1-A. This law change transferred administration of the Potato Marketing Improvement Fund from the Maine Department of Agriculture, Conservation and Forestry to the Maine Potato Board.
DETAILED BASIS STATEMENT / SUMMARY: This rule amendment implements changes necessitated by 2013 Public Law ch. 403 which amended 7 MRS ch. 103, Article 1-A. This law change transferred administration of the Potato Marketing Improvement (PMIF) from the Department of Agriculture, Conservation and Forestry (MDACF) to the Maine Potato Board (Board); and clarifies eligible uses of program funds. Most duties previously delegated to the MDACF Commissioner are transferred to the Board. The Commissioner retains final decisions on participation by the PMIF in loans and grants and appoints members to the Credit Review Committee; the Commissioner or his designee serves on the PMIF Committee. This rule amendment defines the membership and responsibilities of the PMIF Committee, which functions as PMIF policy advisor to the Board. The PMIF Committee advises the Board regarding programs and activities, funding and expenditures, and makes recommendations to the Board on uses and activities related to the PMIF.
PUBLIC HEARING: N/A
COMMENT DEADLINE: July 17, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ellis Additon, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7574. E-mail: Ellis.Additon@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 2013 Public Law ch. 403; 10 MRS  §1023-N; 7 MRS ch. 103, Article 1-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES: Agriculture: http://www.maine.gov/dacf/index.shtml . Maine Potato Board: http://www.mainepotatoes.com/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov


AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Board of Pesticides Control Rules:
Amendments to Ch. 31 — Certification and Licensing Provisions/Commercial Applicators
Amendments to Ch. 34 — Certification and Licensing Provisions/Pesticide Dealers
Amendments to Ch. 35 — Certification and Licensing Provisions/Spray Contracting Firms
PROPOSED RULE NUMBER: 2015-P090 thru P092
BRIEF SUMMARY:
Ch. 31 — Four amendments are proposed:
1. Change the license period from two years to three; change the certification period from six years to three and align the licensing and certification periods.
2. Amend the description of Category 6B to clarify what types of applications are included.
3. Change the requirement for passing both the core and category exams within one year of each other to within five years.
4. Clarify that certified or licensed wastewater or drinking water operators are exempt from licensing only while applying pesticides to the wastewater or drinking water and not while performing other duties such as weed management.
Ch. 34 — Two amendments are proposed:
1. Shorten the time period a person must wait before re-taking an exam they have failed to align with other licensing rules.
2. Change the license period from one year to three; change the certification period from five years to three and align the licensing and certification periods.
Ch. 35 — Two amendments are proposed:
1. Remove the requirements for spotters and monitors for forest insect aerial spray programs.
2. Change the license period from two years to three.
PUBLIC HEARING: Friday, July 10, 2015, 8:30 am, Room 319, Deering Building, 90 Blossom Lane, Augusta
COMMENT DEADLINE: 5:00 pm, Friday, July 24, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BOARDRULE-MAKING LIAISON: Henry Jennings, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THESE RULES: 22 MRSA  §1471-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 14-118 - Department of Health and Human Services (DHHS), Office of Substance Abuse and Mental Health Services (SAMHS)
CHAPTER NUMBER AND TITLE: Ch. 11, Section 5, sub-section 2, paragraph D (Requirements for Dispensers) and paragraph E (The Required Information).
ADOPTED RULE NUMBER: 2015-108 (Final adoption, major substantive)
CONCISE SUMMARY: This major substantive rule change will replace a requirement to report to the Prescription Monitoring Program the filling of controlled substances within seven (7) days to not later than the close of business on the next business day of the controlled substance after it has been dispensed (both filled and delivered). The information required to be filed has been expanded to include the date the prescription was delivered (issued).
By reducing the dispenser reporting timeframe, the rule change supports more informed prescribing for all healthcare providers and improves detection of questionable activity that may signal drug diversion and/or misuse.
This change also aligns the rule with statutory definitions in 32 MRS  §13702-A for dispensing and delivery. Reporting of the date the medication is delivered along with the date the prescription was filled will provide more accurate data to all PMP end users.
The rule changes will not impose any economic cost on municipalities or counties. An Economic Impact Statement summarizes any potential impact on small businesses.
EFFECTIVE DATE: July 11, 2015
AGENCY CONTACT PERSON: John Lipovsky, PMP Project Coordinator, DHHS / SAMHS, 41 Anthony Avenue, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-3363. E-mail: John.Lipovsky@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/samhs/osa/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
ADOPTED RULE NUMBER: 2015-109 (Final adoption, major substantive)
CONCISE SUMMARY: The Public Utilities Commission finally adopts amendments to the Commission’s Underground Facilities Damage Prevention Requirements rule (Ch. 895) pursuant to recently enacted legislation, Resolves 2015, Ch. 9.
EFFECTIVE DATE: July 12, 2015
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 8 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 119, Motor Vehicle Fuel Volatility Limit
ADOPTED RULE NUMBER: 2015-110 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has adopted major substantive rules incorporating legislation requiring the sale of reformulated gasoline in Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Sagadahoc and York counties from May 1 to September 15th of each year in Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Sagadahoc and York counties. The fuel volatility limit of 9.0 RVP for northern Maine from May 1 to September 15th of each year remains unchanged.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
EFFECTIVE DATE: July 15, 2015
AGENCY CONTACT PERSON: Lynne Cayting, Maine Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7599. E-mail: Lynne.A.Cayting@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .