July 18, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Manual, Rule #204P: FS-777, Administrative Procedures
PROPOSED RULE NUMBER: 2018-P156
BRIEF SUMMARY: The current rule requires a recipient household to contact OFI upon their 5th Electronic Benefit Transfer (EBT) card replacement within twelve months to provide an explanation for the excessive replacements. This rule lowers that number, requiring the recipient household to contact OFI to receive their third EBT card replacement over a twelve-month period. This rule also clarifies the card replacement process and removes outdated wording including processes regarding paper coupons.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: August 17, 2018
CONTACT PERSON FOR THIS FILING: Jessica Drenning, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Laura.J.Hudson@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), 3104
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 101, Visible Emissions Regulation
PROPOSED RULE NUMBER: 2018-P157
BRIEF SUMMARY: Emissions into the ambient air from facilities, both licensed and unlicensed, are subject to visible emissions standards. These standards may be located in the Department’s Ch. 101, Visible Emissions Regulation, in State-determined Best Available Control Technology (BACT) and Best Practical Treatment (BPT) determinations, and in federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and/or New Source Performance Standards (NSPS). Emissions sources identified in this chapter include sources which may not otherwise be subject to visible emissions requirements.
Currently, Ch. 101 includes up to two six-minute exemptions from visible emissions standards per three-hour period for certain regulated emissions units. As the result of legal action against the U.S. Environmental Protection Agency (EPA), such exemptions have been found to conflict with Clean Air Act (CAA) requirements. As a result, the EPA has issued a State Implementation Plans (SIP) Call, identifying each state and state rule deemed in conflict with such CAA requirements. This proposed rulemaking rectifies language and requirements to bring the chapter in compliance with the SIP Call and CAA requirements.
Ch. 101 was originally promulgated in 1972 and was most recently updated in 2003. Since that time, the Department and EPA have identified several revisions that will provide greater clarity and flexibility to the regulated sources while accommodating real and unavoidable fluctuations in operations. Changes in this proposed rulemaking are more consistent with applicable federal requirements and do not increase the regulatory burden on affected facilities.
The proposed changes include the following:
* Removal of the “unregulated” exemption periods and inclusion of new, alternate provisions for periods of startup, shutdown, or malfunction, allowing the option of compliance with work practice standards to minimize emissions during such times instead of a numerical opacity limit.
* Clarification of exemptions from the chapter, including units whose visible emissions are regulated through another State rule, visible air contaminants emitted for the purpose of visible emissions observer training, and visible air contaminants emitted for the purpose of Predictive Emission Monitoring Systems (PEMS) research that has been approved by the Commissioner and EPA.
* Clarification of the applicability of the annual capacity factor visible emission standard.
* Inclusion of a definition of distillate fuel, for the purposes of the Chapter.
* Removal of specific visible emissions standards for Kraft recovery furnaces, since all such units are subject to visible emission standards in applicable federal rules.
The Department may submit these amendments to the U.S. Environmental Protection Agency for approval as an amendment to 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 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: No public hearing is scheduled (there is a 30-day written comment period). A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: August 17, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Fax: (207) 287-7826. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 10, Grievance Procedures for the Handicapped
PROPOSED RULE NUMBER: 2018-P158
BRIEF SUMMARY: The Maine Department of Health and Human Services proposes to repeal 10-14 CMR ch. 10, Grievance Procedures for the Handicapped. This regulation, last amended in 1986, does not adequately reflect current state and federal civil rights laws applicable to the Department. This regulation is being repealed and replaced by a more comprehensive Department policy in order to comply with Title VI of the Civil Rights Act of 1964, 42 USC §2000d et seq., Title 11 of the Americans with Disabilities Act of 1990, 42 USC §12101 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC §701 et seq., Title IX of the Educational Amendments of 1972, 20 USC ch. 38, Age Discrimination Act of 1975, 42 USC §6101 et seq., Section 1557 of the Affordable Care Act, 42 USC §18116, and Maine Human Rights Act, 5 MRS §4551 et seq. The Department has determined a Department policy is more appropriate and has recently adopted Policy # DHHS-03-18, Civil Rights Complaint Policy. This policy may be viewed at http://www.maine.gov/dhhs/policies/index.htm.
PUBLIC HEARING: none
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on August 17, 2018.
AGENCY CONTACT PERSON: Lynne Caswell, DHHS ADA/Civil Rights Coordinator, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-5014. TIY 711 (Maine Relay). Email: Lynne.Caswell@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42; 22-A MRS §205
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title VI of the Civil Rights Act of 1964, 42 USC §2000d et seq.; Title II of the Americans with Disabilities Act of 1990, 42 USC §12101 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 USC §701 et seq.; Title IX of the Educational Amendments of 1972, 20 USC ch. 38; Age Discrimination Act of 1975, 42 USC §6101 et seq.; Section 1557 of the Affordable Care Act, 42 USC §18116; and Maine Human Rights Act, 5 MRS §4551 et seq.
DHHS WEBSITE: http://www.maine.gov/dhhs .
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. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2018-P159
CONCISE SUMMARY: The Department proposed this rule pursuant to Resolves 2017 ch. 41, Resolve, Regarding Medicaid Reimbursement for Rehabilitation Hospitals, directing the Department of Health and Human Services to amend Ch.101, MaineCare Benefits Manual, Section 45, Ch. III, to increase the Medicaid per discharge reimbursement rate provided to rehabilitation hospitals and reduce the total hospital supplement pool by four-hundred thousand dollars ($400,000).
The rule amends the Department of Health and Human Services rule, Ch. 101, MaineCare Benefits Manual, Ch. III Section 45.06, to increase the Medicaid per discharge reimbursement rate provided to rehabilitation hospitals to fifteen-thousand, one-hundred, sixty-one dollars and forty-three cents ($15,161.43) and reduces the total hospital supplemental pool as described in Section 45.07, by four-hundred thousand dollars ($400,000).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Tuesday, August 7, 2018 at 9:30 a.m., Marquardt Bldg. - Room 118, Door D-7, 32 Blossom Lane, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 30, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on August 17, 2018
AGENCY CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Anne.Labonte@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; Resolves 2017 ch. 41, Resolve, Regarding Medicaid Reimbursement for Rehabilitation Hospitals
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: Resolves 2017 ch. 41, Resolve, Regarding Medicaid Reimbursement for Rehabilitation Hospitals
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2018-P160
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule are the recommendations of the Participating Local District Advisory Committee to further modernize the plan and improve future funding levels of the plan by amending the provisions relating to retire/rehire. The proposed rule includes clarifying language to provisions pertaining to employer-specific plan elections and determination of withdrawal liability,
PUBLIC HEARING: August 9, 2018 - 1:00 p.m. EDT, Maine Public Employees Retirement System, 96 Sewall Street, Augusta, Maine
EMAIL FOR PUBLIC TO SUBMIT COMMENTS: rulemaking@mainepers.org .
COMMENT DEADLINE: August 24, 2018, 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333. Telephone: 1 (800) 451-9800, or (207) 512-3190. Email: Kathy.Morin@MainePERS.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §§ 17103(4), 18200 et seq., 18801 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.mainepers.org .

ADOPTIONS

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. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2018-121 (Emergency)
CONCISE SUMMARY: The Department adopts this emergency rule pursuant to Resolves 2017 ch. 41, Resolve, Regarding Medicaid Reimbursement for Rehabilitation Hospitals. The adopted rule amends the Department of Health and Human Services rule, Ch. 101, MaineCare Benefits Manual, Ch. III Section 45.06, to increase the Medicaid per discharge reimbursement rate provided to rehabilitation hospitals to fifteen-thousand, one-hundred, sixty-one dollars and forty-three cents ($15,161.43) and reduces the total hospital supplemental pool as described in Section 45.07, by four-hundred thousand dollars ($400,000).
The Legislature adjudged that immediate adoption is necessary for the preservation of the public peace, health, and safety under 5 MRS §8054. As such, no additional findings by the Department are required in support of this emergency rulemaking.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 10, 2018
OMS CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Anne.Labonte@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .