September 23, 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 NUMBERS AND TITLES:
Ch. 373, Financial Capacity Standard and Technical Ability Standard of the Site Location Law
Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law
Ch. 380, Long-Term Construction Projects (Site Law)
PROPOSED RULE NUMBER: 2015-P163, P164, P165
BRIEF SUMMARY: The Department is proposing a suite of three rule-makings to update and incorporate new provisions in its Site Location of Development Law (Site Law) permitting program. The Site Law (38 MRSA  § § 481 et seq.) requires review of developments that may have a substantial effect upon the environment.
The Department is proposing the following rule-makings:
Ch. 373. The Department is proposing to update the requirements for financial capacity and technical ability to reflect changes in nomenclature and Department practices since the rule was adopted in 1979, remove surplus language, provide greater clarity as to how an applicant may satisfy the requirements of this chapter, and provide examples of common terms and conditions applied to Site Location Law permits issued by the Department.
Ch. 375. As part of its Site Law rule-making effort, the Department is proposing to amend its Ch. 375 rules to incorporate updated requirements that are currently contained within Ch. 373. These standards, which address solid waste, the control of odors and the procurement and maintenance of sufficient and healthful water supplies are more appropriately contained within Ch. 375, since they address environmental impacts.
Ch. 380. The proposed Ch. 380 will repeal and replace the existing Ch. 380, Planning Permit rule, with a new rule describing the requirements associated with long-term construction projects permitted under the Site Location of Development Law. The proposal also provides a process for a development issued a planning permit under the original Ch. 380, Planning Permit rule, to receive approval under the new Ch. 380, Long-Term Construction Projects rule.
PUBLIC HEARING: 9:00 a.m. - October 15. 2015, Augusta Civic Center, Augusta, Maine
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rules is 5 p.m., October 26, 2015. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS FILING: Mark Margerum, Maine Dept. of Environmental Protection 17 State House Station, Augusta, ME 04333. Telephone: (207) 287 -7842. Fax: (207) 287-7826. E-mail: Mark.T.Margerum@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact anticipated.
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA  § § 341-D(1-B), 343, 485-A(1-C)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 31, Certification and Licensing Provisions / Commercial Applicators
ADOPTED RULE NUMBER: 2015-168
CONCISE SUMMARY: Four amendments were made to Ch. 31:
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 three years ending on December 31 of the third year.
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.
CHAPTER NUMBER AND TITLE: Ch. 34, Certification and Licensing Provisions / Pesticide Dealers
ADOPTED RULE NUMBER: 2015-169
CONCISE SUMMARY: Two amendments were made to Ch. 34:
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.
CHAPTER NUMBER AND TITLE: Ch. 35, Certification and Licensing Provisions / Spray Contracting Firms
ADOPTED RULE NUMBER: 2015-170
CONCISE SUMMARY: Two amendments were made to Ch. 35:
1. Remove the requirements for spotters and monitors for forest insect aerial spray programs.
2. Change the license period from two years to three.
EFFECTIVE DATE: September 23, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Henry Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .