April 10, 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities
State of Maine 111(d) Municipal Waste Combustor (MWC) State Plan For Large and Small (Class I & II) Facilities: Amendments and Updates to the June 2007 State Plan
PROPOSED RULE NUMBER: 2019-P051
BRIEF SUMMARY: Section 111(d) of the Clean Air Act Amendments (CAA) of 1990 requires each state with municipal waste combustion facilities to adopt a Municipal Waste Combustor (MWC) 111(d)/129 Plan that demonstrates implementation of federal emission guidelines for reductions in emissions of air pollutants from solid waste combustion, such guidelines established as directed by Section 129 of the CAAA. Federal requirements applicable to Maine MWC facilities were promulgated in federal subparts.
Maine regulation 06-096 CMR ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities, first promulgated in 1989, was updated in 2007. Maine submitted the required MWC 111(d)/129 Plan which incorporated requirements and emission limitations of applicable subparts. The State Plan submitted in 2007 did not obtain EPA final approval. Ch. 121 and the corresponding State Plan have been revised and updated based on recent EPA comments on the 2007 submittal and input from the three facilities in the State subject to this rule.
These amendments will be submitted to the U.S. Environmental Protection Agency for approval into Maine's Municipal Waste Combustor State Plan pursuant to CAA section 111(d) and 129.
PUBLIC HEARING: April 30, 1:00 p.m., DEP Response Training Room, 7 Chimney Lane (AMHI Complex), Augusta, Maine
COMMENT DEADLINE: May 10, 2019 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 585, 585-B & 590
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
Section 129 of the CAAA;
40 CFR Part 60 Subpart A, General Provisions;
40 CFR Part 60 Subpart Cb, Emission Guidelines and Compliance Times for Large Municipal Waste Combustors constructed on or before September 20, 1994;
40 CFR Part 60 Subpart Eb, Standards of Performance for Large Municipal Waste Combustors for which construction commenced after September 20, 1994 or for which modification or reconstruction commenced after June 19, 1996; and
40 CFR Part 60 Subpart BBBB, Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or before August 30, 1999.
DEP WEBSITE: https://www.maine.gov/dep/rules/index.html .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 270, Maine Apiary Rules and Regulations
PROPOSED RULE NUMBER: 2019-P052
BRIEF SUMMARY: The purpose of the Apiary Program is to prevent the introduction and/or spread of regulated honey bee diseases, parasites, and undesirable genetic material in resident and migratory honey bee colonies, as well as encourage and maintain interstate movement of honey bees for crop pollination and honey production. Proposed changes to the current rules include:
1. Defining and clarifying terms within the rules.
2. Deregulate well established pests that are currently regulated, including the varroa mite and European foulbrood.
3. Adding pests and diseases of honey bees to the regulated pest list that do not currently exist in the United States but have the potential to be very harmful to the State of Maine Beekeeping industry.
4. Clarify areas of the current rule that are unclear and/or burdensome to beekeepers including the follow sections:
    a. Regulation
    b. Possession and Sale
    c. Abatement Procedures
    d. Inspection
5. Increase the apiary registration fee. The current fee schedule was first adopted in 1985 and has never been increased.
PUBLIC HEARINGS
Falmouth: 5-7 p.m. Monday, April 29, 2019: Cumberland County Cooperative Extension Office, 75 Clearwater Drive #104, Falmouth, ME 04105
Bangor: 5-7 p.m. Thursday, May 2, 2019: Maine DOT Region 4, Blue Building, 219 Hogan Road, Bangor, ME 04401
COMMENT DEADLINE: Monday, May 13, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jennifer Lund, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7562. Fax: (207) 624-7548. Email: Jennifer.Lund@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS §§ 2701-2872
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF INTERIM RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

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. II & III Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 2019-061
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) is adopting this rule to add coverage of evaluation and management examinations performed by chiropractors, pursuant to Public Law 2017 ch. 421, An Act To Provide MaineCare Coverage for Chiropractic Treatment.
PL 2017 ch. 421 requires the Department under the MaineCare program to reimburse chiropractic evaluation and management examinations performed by a chiropractic doctor licensed under Title 32, Maine Revised Statutes, ch. 9, that are within the scope of practice of chiropractic doctors. The Legislature authorized the Department to adopt routine technical rules to implement PL 2017 ch. 421. MaineCare reimbursement for chiropractic services is regulated by 10-144 CMR ch. 101, MaineCare Benefits Manual (MBM) Ch. II and III Section 15, “Chiropractic Services”.
In Ch. II, the Department added coverage for evaluations or re-evaluations of spinal conditions to determine the rehabilitative effectiveness of chiropractic manipulation by chiropractors as a covered service under Subsection 15.04(A). Eligibility for chiropractic services may be determined by members’ primary care providers or a chiropractor, as set forth in Subsection 15.03(B). Additionally, the Department changed the term “subluxation” to “spinal conditions” throughout the rule to align with Medicaid requirements. In Subsection 15.05, the Department clarified that X-rays ordered or performed by or for a chiropractor that are not of the spine are non-covered services. Finally, the Department directed chiropractors to use evaluation and management codes 99201-99215 for the purposes of examining and diagnosing a spinal condition, in Subsection 15.07-1(A).
In Ch. III, the Department identified evaluation and management codes 99201-99215 to be used for evaluations and management purposes. Additionally, the rule states that the rates for these codes are shown on the Physician Fee Schedule under MaineCare Usual and Customary Rates and a link was inserted to the Physician Fee Schedule for reimbursement purposes. Finally, the Department is adopting minor technical edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: April 12, 2019
AGENCY CONTACT PERSON: Cari Bernier, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Cari.Bernier@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
OMS RULEMAKING LIAISON: Thomas.Leet@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 01-001 - Department of Agriculture Conservation and Forestry (DAFS)
CHAPTER NUMBER AND TITLE: Ch. 275, Emerald Ash Borer Quarantine
ADOPTED RULE NUMBER: 2019-062
CONCISE SUMMARY: This rule establishes a state quarantine against the emerald ash borer (Agrilus planipennis) to prevent its movement in firewood, ash logs, ash green lumber, ash wood products or ash nursery stock from northern Aroostook and York Counties, to protect Maine's forest and landscape tree resources. The emerald ash borer is federally regulated and this rule fulfills the requirement that Maine must have a similar state quarantine in place because the state is partially regulated for emerald ash borer.
EFFECTIVE DATE: April 10, 2019
AGENCY CONTACT PERSON / DAFS INTERIM RULEMAKING LIAISON: Shannon Ayotte, Department of Agriculture Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-5976. Email: Shannon.Ayotte@Maine.gov .
DAFS WEBSITE: http://www.maine.gov/dacf/index.shtml .