August 5, 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: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2015-P072 (Reopened)
CONCISE SUMMARY: The principal reason for this rule-making is to update producer margins. A new comment period is required due to new information available after the hearing and original comment period.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
PUBLIC HEARING: None, 30 day written comment period.
DEADLINE FOR COMMENTS: 5 p.m., September 4, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA  §2954

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #09-15
PROPOSED RULE NUMBER: 2015-P137
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA  §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
PUBLIC HEARING: August 20, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 20, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA  §8054; 7 MRSA  §2954

AGENCY: 02-465 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Radiologic Technology Board of Examiners
CHAPTER NUMBER AND TITLE: Ch. 8, Scope of Practice
PROPOSED RULE NUMBER: 2015-P138
BRIEF SUMMARY: In this rule-making, the board proposes a rule that would allow nuclear medicine technologists that hold a current ARRT or NMTCB certification in computed tomography to use computed tomography for diagnostic purposes.
PUBLIC HEARING: August 27, 2015 at 9 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: September 8, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Torrey Gray, Board Administrator, 35 State House Station, Augusta, ME 04333 Telephone: (207) 624-8420. E-mail: Torrey.J.Gray@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  §9853(6)(E)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/radiological/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #08-15
ADOPTED RULE NUMBER: 2015-137 (Emergency)
CONCISE SUMMARY: Minimum August 2015 Class I price is $19.53/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.01/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: August 2, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .

AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC), Division of Environmental Health - Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 2015-138
CONCISE SUMMARY: This rule governs the siting, design, construction and inspection of subsurface wastewater disposal systems, in order to protect the health, safety and welfare of the citizens and visitors of Maine. Approved procedures, design and siting requirements, materials, methods and administrative polices are described in detail. These rules are intended to complement municipal planning, zoning, and land use control regulations. These revisions clarify requirements by adding and specifying definitions, adding clearer guidance, and deleting unnecessary language, by correcting wrong references to other sections or regulations, articulating prohibitions on structures without Department approval and 1st-time systems in 10-year flood zones, and reorganizing this rule to clarify requirements (including relocating non-malfunctioning systems, first-time and replacement structures, disposal system applications, permit requirements, setback requirements, slope descriptions, site evaluator requirements to strive to meet first-time design standards, and requiring specific soil conditions.
EFFECTIVE DATE: August 3, 2015
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rule-making Coordinator, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza - 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 01-669 – Department of Agriculture, Conservation and Forestry, Bureau of Forestry (Maine Forest Service - MFS)
CHAPTER NUMBER AND TITLE: Ch. 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas
ADOPTED RULE NUMBER: 2015-139 (Final adoption, major substantive)
CONCISE SUMMARY: The statutory authority for this rule is 12 MRS  §8867-B, as enacted by Public Law 1999 ch. 695 and subsequent amendments, most recently Public Law 2013 ch. 405, 38 MRS  §480-E-3, as enacted by Public Law 2011 ch. 599, and subsequent amendments, including Public Law 2013 ch. 570.
The law requires the Commissioner of Agriculture, Conservation and Forestry, through the Bureau of Forestry, aka the Maine Forest Service (MFS), β€œto establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. The rules must provide the maximum opportunity for flexibility that achieves the goal of protecting the public resources while minimizing the impact on private resources.” It also delegates permit granting authority under the Natural Resources Protection Act (NRPA) from the Department of Environmental Protection (DEP) to MFS. The 2013 amendments clarified that MFS’s authority to grant permits extended statewide.
This rule-making amends Maine Forest Service Ch. 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland 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.
EFFECTIVE DATE: August 30, 2015
AGENCY CONTACT PERSON: Donald J. Mansius, Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@!Maine.gov .