August 31, 2016

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. 100, Definitions Regulation
PROPOSED RULE NUMBER: 2016-P124
BRIEF SUMMARY: The Department is proposing to update our Ch. 100, Definitions Regulation, to add a number of compounds that were previously exempted from the definition of “volatile organic compound” by the U.S. Environmental Protection Agency. Instead of listing all exempt compounds, the Department proposes to incorporate the federal exemptions by reference. As part of this rule-making, we are also proposing to delete the definition for “negligibly photochemically reactive”, since it is no longer needed. Additionally the Department proposes several non-substantive formatting changes. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
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 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: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: September 30, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR Part 51: Air Emissions Reporting Requirements
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP), and 01-672 - Department of Agriculture, Conservation, and Forestry, Maine Land Use Planning Commission
CHAPTER NUMBER AND TITLE: DEP 06-096 Ch. 450, LUPC 01-672 Ch. 11: Administrative Regulations for Hydropower Projects
PROPOSED RULE NUMBER: 2016-P125, P126
BRIEF SUMMARY: The purpose of the rule amendment is to revise Ch. 450 and Ch. 11 so they:
1. are consistent with the authorizing statutes and the Department’s Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR ch. 2 (“Chapter 2”);
2. are re-organized to reference the jurisdiction of the Department, including removing any reference to the Board of Environmental Protection;
3. are updated to replace references to the Land Use Regulation Commission with the Land Use Planning Commission of the Maine Department of Agriculture, Conservation, and Forestry,
4. are updated to include language associated with tidal or wave action; and
5. clarify the jurisdiction between the Department and Commission.
The rule amendment is also intended to correct outdated and obsolete references, remove ambiguities and redundancies, and generally make the rule more understandable for the lay reader.
PUBLIC HEARING: None proposed
COMMENT DEADLINE: September 30, 2016
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
DEP: Erle Townsend, DEP, 17 State House Station, Augusta ME 04333. Telephone: (207) 287-7688. E-mail: Erle.Townsend@Maine.gov .
LUPC: Naomi Kirk-Lawlor, LUPC, 22 State House Station, Augusta ME, 04333. Telephone: (207) 287-4936. E-mail: Naomi.E.Kirk-Lawlor@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE:
5 MRS    8001-10008, Maine Administrative Procedure Act
12 MRS Ch. 200    401-409, Maine’s Rivers
12 MRS Ch. 206-A    681-689, Use Regulation
38 MRS    630-638, Maine Waterway Development and Conservation Act (“Act”)
38 MRS  341-H, "Departmental Rulemaking"
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITES:
http://www.maine.gov/dep/
http://www.maine.gov/dacf/lupc/
AGENCY RULE-MAKING LIAISONS:
Jeff.S.Crawford@Maine.gov (DEP); Mari.Wells@Maine.gov (LUPC)

AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 70 (New), World Poker Tour Game Rules
PROPOSED RULE NUMBER: 2016-P127
BRIEF SUMMARY: This new rule governs the draw lotto game World Poker Tour. The game is only being offered by the Maine State Lottery. This is a draw game with an instant win and add on game components. The cost of a game play is $2.00 (two dollars). The draw game is based on drawing five (5) cards from a standard deck of playing cards. The instant win component is based on the five (5) cards matching a winning poker hand of Jack or better that have printed on the ticket at the time of purchase. The game offers a $1.00 (one dollar) add on feature called “All In”. The “All In” feature allows players to enter the progressive jackpot that starts at $10,000 and grows based on sales.
The average odds of winning a prize in the draw game is 1:235.3 and the average odds of winning a prize in the instant win component is 1:4.8. The top prize of the draw game component is $100,000; $5,000 for the instant win component and $5,000 plus 100 percent (one hundred) of the progressive jackpot amount.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: October 7, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Connecticut Lottery Corporation, and professional judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS  374; 8 MRS  372 sub- 2  I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov.

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-16
PROPOSED RULE NUMBER: 2016-P128
BRIEF 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 MRS  2954
PUBLIC HEARING: September 22, 2016, Thursday, starting at 10:30 a.m., Room 329, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: September 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  8054; 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services (MRS))
RULE TITLE OR SUBJECT: Ch. 324, ConnectME Tax Reimbursements (Repeal)
PROPOSED RULE NUMBER: 2016-P129
CONCISE SUMMARY: Maine Revenue Services is proposing to repeal this rule as it is obsolete. It pertains to the administration of ConnectME tax reimbursements pursuant to 36 MRS  2018, which was repealed several years ago. Repeal of the rule will have no effect whatsoever on any Maine taxpayers.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 9, 2016
AGENCY CONTACT PERSON: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
REPEALING THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRS    2018, 112
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-16
ADOPTED RULE NUMBER: 2016-143 (Emergency)
CONCISE SUMMARY: Minimum September 2016 Class I price is $19.81/cwt. plus $1.53/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 $24.47/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: September 4, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Importation, Possession, Propagation, Rehabilitation and Exhibition of Wildlife
ADOPTED RULE NUMBER: 2016-144
CONCISE SUMMARY: In accordance with PL 2015 ch. 374, the Department of Inland Fisheries and Wildlife has repealed and replaced Captive Wildlife Rules. This rule will provide consistency for the captive wildlife permitting process as described in statute and will provide safeguards for Maine's citizens protect the integrity of Maine's native species and will allow for inspections of an applicant's facilities during the application process. The rule also clarifies which permit is necessary for each type of activity. The rule provides categories for different wildlife species based on levels of risk, and describes the conditions that must be met in order to acquire a permit for each category of species. Limited species have been placed in each category. A technical committee will be reconvened and will focus on making recommendations for additional species to be placed in each category. Species/category recommendations will be provided to the Commissioner to consider during a separate rule-making process.
EFFECTIVE DATE: August 30, 2016
AGENCY CONTACT PERSON / 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/ .