February 21, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 13, Metallic Mineral Exploration, Advanced Exploration and Mining. and Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBERS: 2018-P004, P005 (2nd publication; public hearing scheduled)
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on proposed rule changes to comply with PL 2017 ch. 142, 128th Legislature. Specifically, §12 of ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38 §490-NN sub-§2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Proposed changes include a repeal and replacement of the Commission’s Ch. 13 rule, renaming Ch. 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Ch. 10 rule to ensure consistency with Ch. 13 and clarify the relationship between the two chapters.
PUBLIC HEARING: March 14, 2018, 11:00 a.m., Jeff's Catering, 15 Littlefield Way, Brewer
COMMENT DEADLINE: written comments must be submitted on or prior to March 26, 2018. Written rebuttal comments must be submitted on or prior to April 2, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. TTY: (888) 577-6690. Email: Stacie.R.Beyer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 684, 685-A,3, 685-C,5,A; PL 2017 ch. 142
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC WEBSITE: www.maine.gov/dacf/lupc/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix C, Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings
PROPOSED RULE NUMBER: 2018-P018
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on proposed changes to Ch. 10, Land Use Districts and Standards, Appendix C, “Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings”. The proposed rule revisions would correct errors and update references in Appendix C. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to March 26, 2018. Written rebuttal comments must be submitted on or prior to April 2, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jennifer Curtis, LUPC, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4930. Email: Jennifer.Curtis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 685-A(3), (7-A), 685-C(5)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/dacf/lupc .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES: Ch. 850, Identification of Hazardous Waste; Ch. 851, Standards for Generators of Hazardous Waste; Ch. 852, Land Disposal Restrictions; Ch. 858, Universal Waste Rules
PROPOSED RULE NUMBERS: 2018-P019 thru P022
BRIEF SUMMARY: The principal reason for the proposed rulemaking is to update the rules through incorporation of revised and new regulations promulgated by U.S. EPA under The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 USCA 6901 et seq. These regulations include 40 CFR 172, 40 CFR 173, 40 CFR 178, 40 CFR 179, 40 CFR 260 to 273,40 CFR 279, and 40 CFR 761.
After consultation with U.S. EPA these amendments are necessary for the Department to complete in order for the State of Maine to receive additional authorization and to maintain current authorization to administer the Resource Conservation and Recovery Act of 1976 (RCRA). Federal authorization allows the Department of Environmental Protection to retain its delegated authority to administer the RCRA hazardous waste program in Maine, including the issuance of licenses for hazardous waste facilities.
The Department is also proposing to update formatting, reflect changes in the Maine Hazardous Waste Statutes and 2011 PL 304, and improve the general organization of the rules.
PUBLIC HEARING: 30-day comment period; if the Department receives a request for a public hearing one will be held.
COMMENT DEADLINE: 5 p.m. March 23, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Federal rules that are being incorporated into Maine’s hazardous waste rules are already in effect. For this reason, no additional fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 1301 et seq., 1319 O, 1319-R(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 USCA 6901 et seq. and regulations promulgated by the United States Environmental Protection Agency (EPA) thereunder, including: 40 CFR 172, 40 CFR 173, 40 CFR 178, 40 CFR 179, 40 CFR 260 to 273, 40 CFR 279, 40 CFR 761.
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (14) Harrington & Pleasant Rivers in Addison Rotational Area; (15) Upper Frenchman Bay Rotational Area
ADOPTED RULE NUMBER: 2018-023 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement conservation closures in the Harrington and Pleasant Rivers, Addison Rotational Area and the upper portion of Frenchman Bay Rotational Area to protect Maine’s scallop resources from the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2017-18 fishing season in these areas will remove any remaining broodstock as well as negatively impact seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource in these areas. Immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource within the Harrington and Pleasant Rivers and the upper portion of Frenchman Bay. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: February 18, 2018
AGENCY CONTACT PERSON: Melissa Smith (207-624-6558), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration
ADOPTED RULE NUMBER: 2018-024
CONCISE SUMMARY: The amendments move some grounds for suspension, revocation and denial of licenses from Ch. 17 (Penalties) to Ch. 1 where the licensing provisions are contained. The amendments simply improve the flow and logic of the rules.
EFFECTIVE DATE: February 21, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel
ADOPTED RULE NUMBER: 2018-025
CONCISE SUMMARY: The amendments update the process for licensing and assigning judges to the tracks, and update the education requirements. These amendments update the process to reflect current practice and improve the accountability of the judges.
EFFECTIVE DATE: February 21, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 13, Pari-Mutuel
ADOPTED RULE NUMBER: 2018-026
CONCISE SUMMARY: The amendments will allow for wagering the trifecta bet on a five-horse field which broadens the types of racing where a trifecta bet is allowed.
EFFECTIVE DATE: February 21, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 15, Off-Tack Betting
ADOPTED RULE NUMBER: 2018-027
CONCISE SUMMARY: The amendment consists of one minor change to this chapter to require any of the four licensed off-track betting facilities to remain open while live Maine racing is occurring.
EFFECTIVE DATE: February 21, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .