June 13, 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: 94-591 - Motor Carrier Review Board (affiliated with the Secretary of State, Bureau of Motor Vehicles)
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
PROPOSED RULE NUMBER: 2018-P140
BRIEF SUMMARY: The primary purpose of this rule is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused approach by the board.
Changes include;
1. Redefine the Boards "Powers and Duties" with respect to hearings requested by the Bureau or motor earners;
2. Establish meeting timelines.
3. Provide for motor carrier Due Process.
PUBLIC HEARING: none
COMMENT DEADLINE: July 13, 2018
CONTACT PERSON FOR THIS FILING: Garry Hinkley, Motor Carrier Services, 101 Hospital Street – 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. Fax: (207) 622-5332. TTY Maine relay 711. Email: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §562(4)
SUBSTANTIVE ST A TE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
AGENCY WEBSITE: http://www.maine.gov/sos/bmv/commercial/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 94-591 - Motor Carrier Review Board (affiliated with the Secretary of State, Bureau of Motor Vehicles)
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers with Significant and Repeated Safety Violations
PROPOSED RULE NUMBER: 2018-P141
BRIEF SUMMARY: The primary purpose of this rule is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused approach by the board.
Changes include:
1. Establishing a “Threshold Limit” process for selection, warning and suspension of Motor Carriers.
PUBLIC HEARING: none
COMMENT DEADLINE: July 13, 2018
CONTACT PERSON FOR THIS FILING: Garry Hinkley, Motor Carrier Services, 101 Hospital Street – 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. Fax: (207) 622-5332. TTY Maine relay 711. Email: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §562(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
AGENCY WEBSITE: http://www.maine.gov/sos/bmv/commercial/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 94-591 - Motor Carrier Review Board (affiliated with the Secretary of State, Bureau of Motor Vehicles)
CHAPTER NUMBER AND TITLE: Ch. 3, Hearing Procedures
PROPOSED RULE NUMBER: 2018-P142
BRIEF SUMMARY: The primary purpose of this rule is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused approach by the board.
Changes include:
1. Redefining hearing procedures;
2. Establishing hearing notices;
3. Defining and establishing a “Presiding Officer”;
4. Establishing the Order of Proceedings.
PUBLIC HEARING: none
COMMENT DEADLINE: July 13, 2018
CONTACT PERSON FOR THIS FILING: Garry Hinkley, Motor Carrier Services, 101 Hospital Street – 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. Fax: (207) 622-5332. TTY Maine relay 711. Email: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §562(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
AGENCY WEBSITE: http://www.maine.gov/sos/bmv/commercial/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 12-170 - Maine Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Hazardous Occupations for Minors under the Age of Eighteen in Non-Agricultural Employment
PROPOSED RULE NUMBER: 2018-P143
BRIEF SUMMARY: The purpose of this chapter is to prevent the exploitation of minors through hazardous working conditions in nonagricultural employment. These rules do not supersede Sections 771 and 773 of 26 MRS which set minimum wages for employment in specific industries. Sec. 772 of 26 MRS was amended to allow the Bureau of Labor Standards to adopt rules to develop and maintain a list of occupations not suitable for employment of minors. The rules must conform as far as practicable to the child labor provisions of the federal Fair Labor Standards Act of 1938, 29 United States Code, Section 212 and any associated regulations.
PUBLIC HEARING: n/a
COMMENT DEADLINE: July 13, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOL RULEMAKING LIAISON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §772
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BLS WEBSITE: http://www.maine.gov/labor/bls/ .
DOL WEBSITE: http://www.maine.gov/labor .

ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 308, Standards of Conduct for Transmission and Distribution Utilities and Affiliated Generators
ADOPTED RULE NUMBER: 2018-094 (Final adoption, major substantive)
CONCISE SUMMARY: The Public Utilities Commission finally adopts rules and standards of conduct to implement recently enacted legislation that permits an investor-owned transmission and distribution (T&D) utility to have generation affiliates subject to statutory restrictions and Commission-adopted standards of conduct.
EFFECTIVE DATE: July 4, 2018
AGENCY CONTACT PERSON / PUC RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS) - Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 4, Occupational Safety and Health Standards for Firefighting in the Public Sector
ADOPTED RULE NUMBER: 2018-095
CONCISE SUMMARY: The purpose of this chapter is to provide clarification and identify the minimum Occupational Safety and Health Standards for Firefighting in the Public Sector.
EFFECTIVE DATE: June 10, 2018
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS) - Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 6, Recording Occupational Injuries and Illnesses in the Public Sector
ADOPTED RULE NUMBER: 2018-096
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing the recording of occupational injuries and illnesses as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1904, most recently amended on March 1, 2018.
EFFECTIVE DATE: June 10, 2018
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS) - Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 7, Minimum Driver Training Requirements for Fire Apparatus
ADOPTED RULE NUMBER: 2018-097
CONCISE SUMMARY: This standard identifies the minimum job performance requirements for career and volunteer fire fighters who drive fire apparatus in order to reduce accidents, injuries and loss of fire equipment.
EFFECTIVE DATE: June 10, 2018
AGENCY CONTACT PERSON / DOL RULEMAKING LIAISON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .

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
ADOPTED RULE NUMBER: 2018-098 thru 101
CONCISE 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.
EFFECTIVE DATE: June 11, 2018
DEP CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17Statehouse Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 418, Solid Waste Management Rules: Beneficial Use of Solid Wastes
ADOPTED RULE NUMBER: 2018-102 (Final adoption, major substantive)
CONCISE SUMMARY: The Department's experience in administering Ch. 418 has highlighted the need to revise it for a variety of reasons. Amendments to Ch. 418 are being proposed in order to: make substantive changes to certain standards and provisions of the rule based on knowledge, experience, and new information; modify the format and language for clarity, consistency and improved operation; and, update citations and references. The proposed amendments also include: new exemptions addressing the beneficial use of several different waste streams (e.g., spent septic systems, catch basin grit, petroleum contaminated soil); updated and consolidated general standards for beneficial use projects; replacement of the constituent values in Appendix A (“Screening Standards for Beneficial Use”) with current, risk based values based on the "Regional Screening Levels for Chemical Contaminants at Superfund Sites", as revised June, 2017 ("RSLs") methodology; additions and revisions to the permit-by-rule and reduced procedure licensing standards pertaining to tires and dredge material; and reorganization and substantive updates of the "Fuel Substitution" provisions of the rule.
EFFECTIVE DATE: July 8, 2018
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RUL EMAKING LIAISON: Jeff.S.Crawford@Maine.gov

AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board (AELP)
CHAPTER NUMBER AND TITLE: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Rule
ADOPTED RULE NUMBER: 2018-103
CONCISE SUMMARY: The proposed rule repeals and replaces the existing Ch. 501, which sets the operating procedures for the Adaptive Equipment Loan Program (AELP). The changes streamline AELP operations; direct the AELP Board to adopt procedures, guidelines for applications and underwriting, and interest rates; and delete from the rule most details of such procedures, guidelines, and interest rates. Also, the changes allow the AELP Board to deposit the AELP Fund with a fund administrator other than the Finance Authority of Maine.
EFFECTIVE DATE: June 12, 2018
AGENCY CONTACT PERSON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
WEBSITE: https://www.famemaine.com/business/programs/business-loans/kim-wallace-adaptive-equipment-loan-program/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 33 (New), Family Child Care Provider Licensing Rule
ADOPTED RULE NUMBERS: 2018-104, 105 (Major substantive, final adoption)
CONCISE SUMMARY: The Maine CDC is adopting major substantive changes to Maine's current rule entitled “Rules for the Certification of Family Child Care Providers" at 10-148 CMR Ch. 33, and re-naming it "Family Child Care Provider Licensing Rule" at 10-144 CMR Ch. 33. This rulemaking is a repeal and replace of the current language in effect.
Major substantive changes incorporate the Maine Background Check Center Act, add the requirement to test drinking water for lead, update child safety seat requirements, and increase protection of children in outdoor play areas. Other major substantive changes include changing staff/child ratios, by allowing family child care providers to exclude their own children over the age of four from the staff/child ratio; adding new requirements regarding the expulsion of children with illnesses and the prevention of exposure to blood and bodily fluids; requiring an emergency plan in the event of a local or regional disaster; and clarifying requirements for providers caring for children in swimming and wading settings.
EFFECTIVE DATE: July 5, 2018
AGENCY CONTACT PERSON: Jonathan Leach, Maine Center for Disease Control and Prevention, 286 Water Street - 8th Floor, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9395. Email: Jonathan.H.Leach@Maine.gov .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2018-106
CONCISE SUMMARY: The Department is adopting changes in this rule, as set forth below. The changes include the following:
a) Updates the definition of DME to align with 42 CFR §440.70(b)(3)(ii);
b) Adds a storefront exclusion and reimbursement methodology for manufacturers of specialty modified low protein foods and formulas for the purpose of allowing these manufacturers to bill the Department as the supplier of prescription metabolic foods;
c) Removes language implying absolute exclusions of DME items as this is no longer allowable per 42 C.F.R §440.70;
d) Adds repair/replacement language for APAP, CPAP and BiPAP devices greater than or equal to five (5) years old.
e) Removes the list of items considered MaineCare-covered for members residing within a Nursing Facility (NF) or Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID) to eliminate confusion of covered and non-covered items for members residing within a NF or ICF-IID;
f) Further defines limitations for orthopedic shoes and other supportive devices for members twenty-one (21) years of age and older to provide clarity of covered services;
g) Updates limits and requirements for disposable non-sterile gloves when supplied in conjunction with incontinence supplies to cost-effectively manage this covered service;
h) Increases the allowance of supplies per dispense to ninety-days (90) for items MaineCare considers to be disposable DME;
i) Updates reimbursement methodology to align with Medicare for Medicare covered DME impacted by the 21st Century Cures Act, and further clarify the methodology by which other rates are set, including non-Medicare covered codes, Medicare covered codes not impacted by the 21st Century Cures Act, specialty modified low protein foods and incontinence supplies;
j) Adds language surrounding guidelines, requirements and quality measures for incontinence supplies provided to MaineCare members;
k) Removes parenteral solutions from section 60.05-13, Medical Supplies and DME Not Covered for Members in an NF or ICF- IID;
l) Corrects and/or deletes outdated references and website addresses and,
m) Edits and minor language updates for clarification purposes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents .
EFFECTIVE DATE: June 13, 2018
AGENCY CONTACT PERSON: Kristin Cook, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4006. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Kristin.Cook@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 527 (New), Federal Regulation Crowdfunding Notice Filing and Fees
ADOPTED RULE NUMBER: 2018-107
CONCISE SUMMARY: This rule creates a notice filing requirement and a filing fee for securities offered in Maine under federal Regulation Crowdfunding when the issuer's principal place of business is in Maine or when 50 percent or more of the offering is sold to Maine residents.
EFFECTIVE DATE: June 16, 2018
AGENCY CONTACT PERSON: Judith M. Shaw, Administrator, Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. Email: Judith.M.Shaw@Maine.gov .
OFFICE OF SECURITIES WEBSITE: http://www.maine.gov/pfr/securities/index.shtml .
OFFICE OF SECURITIES RULEMAKING LIAISON: Karla.Black@Maine.gov .