April 3, 2019

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 #05-19
PROPOSED RULE NUMBER: 2019-P047
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: April 18, 2019, Thursday, starting at 10:30 a.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: April 18, 2019
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):
MLC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #207P: Section 555-5, Homeless Shelter Deduction
PROPOSED RULE NUMBER: 2019-P048
BRIEF SUMMARY: This rule changes the value of the homeless shelter deduction from $143 to $147.55. This value is used in the budgeting of Food Supplement benefits for homeless households which incur or reasonably expect to incur shelter costs during a month, unless higher shelter costs can be verified.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: May 3, 2019
CONTACT PERSON FOR THIS FILING: Jessica Drenning, Senior Planner, Department of Health & Human Services - Office for Family Independence, 19 Union Street – 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624. Fax: (207) 287- .TT Users Call Maine Relay- 711. Email: Jessica.Drenning@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), 3104; 5 MRS §8054, 7 CFR §273.9(d)(6)(i) and the Agriculture Improvement Act of 2018.
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: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 602, Rules Relating to Maine State Ferry Service Tolls
PROPOSED RULE NUMBER: 2019-P049
BRIEF SUMMARY: To establish tolls for the Maine State Ferry Service lines (the "MSFS").
PUBLIC HEARING: April 24, 2019 - 10:00 a.m., Hutchinson Center, 80 Belmont Avenue (Route #3), Belfast, Maine 04915
COMMENT DEADLINE: May 10, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jim Billings, DOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3029. Email: James.Billings@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: minimal
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS §§ 52, 4404
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOT RULEMAKING WEBSITE: https://www.maine.gov/mdot/rulemaking/ .
DOT WEBSITE: http://www.maine.gov/mdot/ .
DOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 890, Designation of PFOS as a Priority Chemical
PROPOSED RULE NUMBER: 2019-P050
BRIEF SUMMARY: The Department is proposing to adopt a new rule that will designate perfluorooctane sulfonic acid (“PFOS”) as a priority chemical and require reporting for certain product categories that contain this regulated chemical. The proposed rule applies to manufacturers of specified product categories that contain intentionally added amounts of PFOS, which is often used to make clothing water repellant, among many other uses.
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.
PUBLIC HEARING: April 23, 2019 at 1:00 p.m. in the DEP Response Training Room at 4 Blossom Lane, Augusta, Maine 04330
COMMENT DEADLINE: May 6, 2019 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kerri Malinowski, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-7826. Email: Kerri.Malinowski@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact on municipalities or counties is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 341-H, 1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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. 2, Aquaculture Leasing Regulations
ADOPTED RULE NUMBER: 2019-057
CONCISE SUMMARY: This rule clarifies the aquaculture leasing regulations, including the elimination of redundant language from 12 MRS §§ 6072, 6072-A, and the Maine Administrative Procedure Act. It eliminates duplicative references to the National Shellfish Sanitation Program (NSSP) Model Ordinance, and includes the addition or modification of provisions based on the NSSP including maintenance of a lease operation plan, preventing the accumulation of animal waste on structures, proper disposal of human waste, and the activities that an authorized representative of an aquaculture license holder, in accordance with 12 MRS §6810-B, may engage in. It makes several changes to the leasing procedures for standard and limited-purpose aquaculture leases, including the adjustment of the timing for the scoping session, the information required to be submitted regarding an applicant’s financial capability, and a prohibition on the siting of leases within the 300:1 dilution zone around a wastewater treatment plant. It enacts lease expansion application procedures in accordance with 12 MRS §6072(12-C). The rule restricts the number of pending limited-purpose lease applications any one applicant could have in process to two applications. It clarifies that an emergency lease could be utilized when the safety of the consumer is threatened, as well as that of the shellfish or animal. The rule also clarifies and establishes additional minimum lease maintenance standards.
EFFECTIVE DATE: April 1, 2019
AGENCY CONTACT PERSON: Amanda Ellis, Department of Marine Resources. 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2019-058
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended Ch. 14 rules as they apply to the commercial whitewater rafting industry in an effort to provide more flexibility to outfitters during their allocation review; allow online certification for First Aid and CPR and reduce the minimum length of a whitewater craft to at least 13 feet. The Department has also removed the order of launch from rule for a quicker response time when changes are requested. The order of launch will be made available to the public online or by request to the whitewater boating officer.
EFFECTIVE DATE: April 2, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY:
06-096 - Maine Department of Environmental Protection (DEP), jointly with
94-376 - Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: 06-096 and 94-376 CMR ch. 595, State Revolving Fund
ADOPTED RULE NUMBERS: 2019-059, 060
CONCISE SUMMARY: Ch. 595 contains eligibility requirements for the funding of planning, design, and/or construction of municipal wastewater treatment works and other water pollution control facilities or practices under the State Revolving Fund (SRF). The existing rule has been amended to allow eligible applicants of Maine’s SRF program to use construction delivery methods that have become common practice in the construction industry and are utilized by other state SRF’s nationally. The amendments also update the rule in accordance with current procedures at the Maine Municipal Bond Bank, and bring the rule into consistency with current Federal requirements.
EFFECTIVE DATE: April 3, 2019
CONTACT PERSONS FOR THIS FILING:
John True, Maine DEP, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7808. Email: John.N.True@Maine.gov .
Greg Connors, Maine Municipal Bond Bank, P.O. Box 2268, Augusta ME 04338-2268. Telephone: (207) 622-9386. Email: gdc@mmbb.com .
DEP WEBSITE: http://www.maine.gov/dep/ .
BOND BANK WEBSITE: https://www.mmbb.com/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .
BOND BANK RULEMAKING LIAISON: mrg@mmbb.com (Michael R. Goodwin)