August 1, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-18
PROPOSED RULE NUMBER: 2018-P164
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: August 23, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: August 23, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: 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 WEBSITE: http://www.maine.gov/dacf/ .

AGENCY: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 31, Rules for Operation of Potato Marketing Improvement Fund
PROPOSED RULE NUMBER: 2018-P165
BRIEF SUMMARY: This proposed rule amendment implements revisions made by 2017 Public Law ch. 6, which amended 7 MRS ch. 103, Article 1, §974-A. The law now states that for any project for which the total cost exceeds $150,000 (rather than the previous $50,000), no state loan may exceed 45% of the project cost. The law also now states that for any project for which the total cost is $150,000 or less (rather than the previous $50,000 or less), no state loan may exceed 55% of the project cost. This proposed rule amendment also changes what activities can be undertaken with Potato Marking Improvement funds, by creating the Support Facilities Loan Program and the Value Added Loan Program.
PUBLIC HEARING: No public hearing.
COMMENT DEADLINE: August 31, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ron Dyer, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7574. Fax: (207) 287-7548. Email: Ron.Dyer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 2017 PL ch. 6; 7 MRS ch. 103 Article 1-A; 10 MRS §1023-N
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF WEBSITE: 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 NUMBERS AND TITLES:
Ch. 5, Tracks
Ch. 7, Racing
Ch. 9, Sire Stakes
Ch. 11, Medications, Prohibited Substances and Testing
Ch. 17, Rule Violations; Penalties
PROPOSED RULE NUMBERS: 2018-P166 thru P170
BRIEF SUMMARY:
Ch. 5, Tracks. The proposed amendments would establish standards for the proper maintenance of tracks.
Ch. 7, Racing. The proposed amendments involve a fairly comprehensive update to this chapter. The chapter needs to be aligned with Ch. 17, Rule Violations: Penalties, because there are now penalties for conduct that is not specifically prohibited in rule. Also, the language in the chapter is not well constructed. There has been sentiment expressed that different types of racing and different purse payout structures are warranted in some cases. Finally, the Commission recognized that the conduct of drivers participating in a race is regulated, but the conduct of other licensed participants at the track is not regulated.
Ch. 9, Sire Stakes. The proposed amendments would amend the purse structure for the finals and require trainers to notify the Department about the location of where participating horses are being trained in order to facilitate testing.
Ch. 11, Medications, Prohibited Substances and Testing. This chapter received extensive updating in 2016 in order to keep pace with the rapidly evolving science and policies around preventing the use of performance enhancing drugs. A couple of additional updates are appropriate to clarify that drugs not currently listed are prohibited; to specify the process for assigning unlisted drugs to a penalty class; to remove the withdrawal guidelines from the rules; and to update the adoption by reference.
Ch. 17, Rule Violations; Penalties. The proposed amendments would update this chapter to prohibit a horse from racing if the owner fails to repay a purse, when required, due to an infraction. In addition, the general penalty language will be clarified to apply to any rule violation where a particular violation level is not specified.
PUBLIC HEARING: 9:00 a.m. on August 22, 2018, at the Gambling Control Board Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on September 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / COMMISSION RULEMAKING LIAISON: Henry Jennings, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS §§ 263-A, 264, 267-A, 268, 272-B, 272-C, 279, 279-A, 279-E, 281, 298
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None.
COMMISSION WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
DACF WEBSITE: www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 691, Rules for Underground Oil Storage Facilities
Ch. 693, Operator Training for Underground Oil Hazardous Substance, Field Construction Underground Oil Storage Facilities, and Airport Hydrant Systems
PROPOSED RULE NUMBERS: 2018-P171, P172
BRIEF SUMMARY: The Department is initiating this rulemaking in order to align state requirements with federal requirements. Most of the proposed changes are in accordance with the EPA’s regulatory changes in 2015. States with delegated authority such as Maine, are required to achieve regulatory consistency by October 13, 2018.
DETAILED SUMMARY: Most of the proposed changes to Ch. 691 are in accordance with the EPA’s regulatory changes in 2015. States with delegated authority such as Maine, are required to achieve regulatory consistency by October 13, 2018. The major changes within this rule, which are needed to gain consistency with federal regulations, include:
* Sump testing every 3 years, unless the sump is double walled, to ensure sumps are liquid tight;
* Changing the annual statistical inventory analysis leak detection method to monthly statistical inventory reconciliation. Currently 7 facilities would need to make this change and DEP staff has met with each facility;
(the last of these tanks are scheduled to be removed by August 1, 2019);
* Facilities may remain temporarily out of service for up to 12 months, a reduction from the current 24 months; however, approval to remain out of service for longer periods of time may be obtained from the Commissioner;
* Discharge investigation, response and corrective action is required for aboveground tanks associated with field constructed tanks or airport hydrant systems and wastewater treatment tank systems not regulated by the federal NPDES or pretreatment programs;
* Aligning discharge investigation and corrective actions to federal rules for protection of surface waters and consistency between the state and federal rules; and
* Installation of double walled spill buckets for new or replacement construction, eliminating the need for the 3-year sump testing.
The proposed changes to Ch. 693 address field constructed underground oil storage facilities and airport hydrant systems as required by the federal regulations. Maine does not currently have any field constructed underground oil storage tanks, and only 2 airport hydrant systems. DEP staff have met with personnel from both locations to explain the proposed rule and provide technical assistance.
PUBLIC HEARING: August 21, 2018 at 1:00 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: August 31, 2018 - 5:00 p.m.
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, email 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.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, Maine 04330. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 561 – 570-M
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR Part 280
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@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 #08-18
ADOPTED RULE NUMBER: 2018-144 (Emergency)
CONCISE SUMMARY: Minimum August 2018 Class I price is $17.40/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $3 .72/cwt. handling fee for a total of $23.99/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: July 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .