June 27, 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers, Educational Specialists, and Administrators
PROPOSED RULE NUMBER: 2018-P147
BRIEF SUMMARY: Update the passing scores on the Praxis exams and revise the text of the rule to align with the revisions made to Ch. 115 Part I.
PUBLIC HEARING: July 16, 2018, Room 500 - Cross State Office Building, 111 Sewall Street, Augusta, Maine - 10-11 a.m.
COMMENT DEADLINE: July 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stephanie Fyfe, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6871. Email: Stephanie.Fyfe@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §13038
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 117, Source Surveillance (Amendments)
Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities (Amendments)
Ch. 137, Emission Statements (Amendments)
Ch. 140, Part 70 Air Emission Licensing Regulations (Amendments)
Ch. 146, Diesel-Powered Motor Vehicle Emissions Standards (Amendments)
Ch. 148, Emissions from Smaller-Scale Electric Generating Facilities (Amendments)
Ch. 150, Control of Emissions from Outdoor Wood Boilers (Amendments)
Ch. 164, General Permit for Concrete Batch Plants (Amendments)
Ch. 165, General Permit for Class IV-A Incinerators (Amendments)
Ch. 167, Greenhouse Gas Emissions Standards (New Rule)
Ch. 168, Sulfur Hexafluoride Emissions Standards (New Rule)
Ch. 305, Natural Resources Protection Act Permit by Rule Standards (Amendments)
PROPOSED RULE NUMBERS: 2018-P065 thru P076 (2nd publication, comment deadline extended)
BRIEF SUMMARY: On January 24, 2018, the Department of Environmental Protection received a citizen petition (Citizen Petition for Rulemaking to Require the Maine Department of Environmental Protection to Fulfill its Statutory, Constitutional, and Public Trust Obligations to Reduce Greenhouse Gas Emissions Along a Trajectory that is Based on the Best Climate Science and that will Reduce the Impacts of Climate Change in Maine (GHG Petition)) to initiate rulemaking pursuant to 5 MRS §8055. The GHG petition was signed by 696 registered voters, and the petition was verified as required by Maine law. Therefore, pursuant to 5 MRS §8055, the Department is required to initiate rulemaking proceedings.
The petitioners’ proposal: (1) creates a new rule establishing emission standards for greenhouse gas emissions from air contaminant sources; (2) establishes a new rule addressing sulfur hexafluoride (SF6) emissions from gas-insulated electrical switch gear; and (3) amends 10 existing rules to incorporate greenhouse gas standards.
Pursuant to 5 MRS §8052(7), the Department is extending the public comment period on this proposal until July 30, 2018. Copies of these proposed rules are available upon request by contacting the agency contact person or on the Department of Environmental Protection website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking 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: A public hearing for the proposed rulemakings was held on May 15, 2018.
COMMENT DEADLINE: The comment period on this proposal has been extended to 5:00 p.m. on July 30, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON: Jeffrey Crawford, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal may have both direct and indirect fiscal impacts on municipalities or counties. Direct fiscal impacts could include increased licensing and/or permitting costs, and increased compliance costs. Indirect fiscal impacts associated with the costs of goods and services purchased or consumed may also be incurred by municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8055; 38 MRS §§ 341-A(1), 575, 576, 581, 582, 584, 585, 585-A, 585-B, 585-C, 590, 601-B, 1301 et seq., and 1310-N
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP RULE WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .

ADOPTIONS

AGENCY: 29-250 – Department of the Secretary of State (SOS), Bureau of Corporations, Elections and Commissions (CEC) – Division of Elections
CHAPTER NUMBER AND TITLE: Ch. 536 (New), Rules Establishing Procedures for Requesting and Conducting Recounts of Elections Determined by Ranked-Choice Voting
ADOPTED RULE NUMBER: 2018-109 (Emergency)
CONCISE SUMMARY: This emergency rule sets forth the procedures for requesting and conducting recounts of elections that are determined by the process of ranked-choice voting, including the collection, security and handling of ballots, scheduling and staging the recounts, personnel, instructions, supervision, sorting and counting of first-choice votes and subsequent rankings, handling of disputed and challenged ballots, and final sign-off at the conclusion of the recount. To the extent applicable, this rule incorporates provisions of Ch. 502 governing recounts in elections determined by plurality.
EFFECTIVE DATE: June 20, 2018
CEC CONTACT PERSON / RULEMAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624-7736. Email: Julie.Flynn@Maine.gov .
ELECTIONS WEBSITE: http://www.maine.gov/sos/cec/elec/index.html .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, MC Rule #288A: Part 5, Children’s Health Insurance (CHIP) Program – Cub Care
ADOPTED RULE NUMBER: 2018-110
CONCISE SUMMARY: This rule change aligns with an emergency rule change to the MaineCare Eligibility Manual, which is due to the adopted State budget for fiscal year 2018. The budget went into effect on July 1, 2017, and provides the Department with statutory authority to proceed with an emergency rulemaking. Children of State employees are now eligible to apply for Cub Care, where they were previously excluded from eligibility. This rule change aligns with that eligibility change. There are also several formatting and grammatical changes throughout the entirety of the rule. These changes clarify the language in Part 5 of the MaineCare Eligibility Manual in this version of the rule, but were not in the emergency version.
This rule will not have an impact on municipalities or small businesses.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: Jun 25, 2018
AGENCY CONTACT PERSON: Esther Bullard, MaineCare Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2018-111
CONCISE SUMMARY: This rule amendment adds subscriber and member fields in order to improve the MHDO's patient index and to prepare for the Centers for Medicare and Medicaid Services (CMS) transition from Heath Insurance Claim Number (HICN) to Medicare Beneficiary Identifier (MBI). Other minor technical changes are also being made to conform to industry standards.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: June 27, 2018
CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. Email: Karynlee.Harrington@Maine.gov .
MHDO WEBSITE: https://mhdo.maine.gov/ .
MHDO RULEMAKING LIAISON: Debra.J.Dodge@Maine.gov .

AGENCY: 02-396 - Board of Licensure of Podiatric Medicine (affiliated with the Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation – OPOR)
CHAPTER NUMBER AND TITLE: Ch. 21, Use of Controlled Substances for Treatment of Pain
ADOPTED RULE NUMBER: 2018-112 (Repeal and replace)
CONCISE SUMMARY: In a consolidated rulemaking action, the Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure and the Board of Licensure of Podiatric Medicine developed and adopted a joint rule related to prescribing controlled substances for treatment of pain. The rule establishes principles for proper pain management, including universal precautions for prescribing, and requires continuing education regarding opioid prescribing. Final approval and effective date of the rule as adopted by the Board of Licensure of Podiatric Medicine was delayed due to a procedural deficiency, which has now been corrected.
EFFECTIVE DATE: June 30, 2018
AGENCY CONTACT PERSON: Kristina M. Halvorsen, Regulatory Board Administrator, Board of Licensure of Podiatric Medicine, 35 State House Station, Augusta, ME 04333-0035. Telephone: (207) 624-8420. Email: Kristina.M.Halvorsen@Maine.gov .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/podiatrists/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
ADOPTED RULE NUMBER: 2018-113
CONCISE SUMMARY: The adopted rule has been revised to address a recent Maine Supreme Court decision, State of Maine v. Dubois, Inc., 2017 ME 223, ¶3 n.1, 174 A.3d 308, which raised questions regarding the Department’s notice with respect to prior amendments to this rule. In addition, the Department has adopted additional amendments that include:
1) Correcting citations to other Solid Waste and Hazardous Waste Rules to reflect other proposed amendments;
2) Correcting formatting and citation form for consistency throughout the Department’s rules;
3) Removing repetitive or reallocated language;
4) Clarifying existing requirements; and
5) Clarifying section 1(B)(1), “Facilities Not Subject to the Requirements of this Chapter”, to more accurately reflect the Department’s existing interpretation and practice.
EFFECTIVE DATE: June 30, 2018
AGENCY CONTACT PERSON: Tom Graham, Maine Department of Environmental Protection, 17 State House 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 .