Public Input for Proposed 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 (Title 5 §8055). 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 §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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 418, Solid Waste Management Rules: Beneficial Use of Solid Wastes
PROPOSED RULE NUMBER: 2017-P062 (2nd publication)
BRIEF SUMMARY: The Department's experience in administering Ch. 418 over past years has highlighted the need to revise it for a variety of reasons. Amendments to Ch. 418 are being proposed in order to: make substantive changes to certain standards and provisions of the rule based on knowledge, experience, and new information; modify the format and language for clarity, consistency and improved operation; and, update citations and references. In part, the proposed amendments include: new exemptions addressing the beneficial use of several different waste streams (e.g. spent septic systems, catch basin grit, petroleum contaminated soil); updated and consolidated general standards for beneficial use projects; replacement of the constituent values in Appendix A (Screening Standards for Beneficial Use) with current, risk based values based on the "Maine Remedial Action Guidelines for Sites Contaminated with Hazardous Substances", as revised February 5, 2016; additions and revisions to the permit-by-rule and reduced procedure licensing standards pertaining to tires and dredge material; reorganization and substantive updates of the "Fuel Substitution" provisions of the rule; and, establishment of 4 different approval mechanisms (exemption, authorization through notification when certified by a professional engineer, permit-by-rule, and full license procedure) for the beneficial use of emulsified asphalt encapsulated contaminated soil.
Following the close of the public comment period, the Board of Environmental Protection held a deliberative session to discuss key issues raised by commenters. On September 7, 2017 the Board directed the Department to provide an opportunity for public comment pursuant to 5 MRS §8052(5)(B) on a certain change to the proposal that may be substantial. This change is the addition of Section 7(B) of the revised proposal "Reduced Procedure Beneficial Use of De-watered Dredge Materials as Beach Nourishment Fill".
The proposed changes that the Department is seeking comment on at this time are identified by the use of "double underline" in the Department's proposal. Please note that the Department is not accepting additional comments on other portions of the proposal at this time. Copies of the changes to the rule which the Department is seeking additional comment are available upon request by contacting the Agency contact person or on the DEP website at www.Maine.gov/DEP/rules/.
COMMENT DEADLINE: October 20, 2017 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 6, Educational and Scientific Collection Permit Rules: 6.01, Scope of Rules; 6.02, Permit required
PROPOSED RULE NUMBER: 2017-P120
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing Ch. 6 rule changes in order to reflect amendments made to 12 MRS §12152 and the repeal of §12704 during the 1st session of the 127th Legislature. Statutory reference within the rule will be updated, and the term "wild animals and wild birds" is being amended to "wildlife" to correlate with the statute. Use of the term "wildlife" includes reptiles, amphibians and some invertebrates in addition to wild animals and wild birds for use in educational or scientific purposes.
A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: October 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Importation, Possession, Propagation, Rehabilitation, and Exhibition of Wildlife
PROPOSED RULE NUMBER: 2017-P121
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend Ch. 7 rules to remove references to propagation permits for domesticated fowl and pheasants to comply with statutory changes that were made to 12 MRS §12152 during the 1st session of the 127th Legislature. In addition to changes required by statute, the captive wildlife technical committee established in Ch. 7 rulemaking in 2016, has conducted a thorough species review. The proposed rule places species into the following categories: Category 1 Restricted Species, Category 2 Restricted Species, Prohibited Species, or Unrestricted Species. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: October 11, 2017 @ 6:00 p.m. - Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: October 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
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, FS Rule #202P (COLA SUA FFY 2018 and Food Act 2008). Sections:
FS-000-1 - Basis of Issuance
FS-222-4 - Interviews
FS-333-1 - Asset Eligibility Standards
FS-444-4 - Households with Special Circumstances
FS-444-8 - Households with Special Circumstances
FS-555-5 - Income and Deductions
FS-555-6 - Income and Deductions
FS-666-6 - Changes During the Certification Period
FS-888-1 - Income and Eligibility Verification System
FS-888-5 - Income and Eligibility Verification System
PROPOSED RULE NUMBER: 2017-P122
BRIEF SUMMARY: This rule proposes the annual updates for standard heating/cooling and non-heat/cooling utility allowances, and phone allowance. There also is an increase in the asset limit for households that include elderly/disabled individuals. The rule also updates the annual cost of living allowances. Emergency Rule #202E implements these values, effective October 1, 2017.
This rule also implements provisions from the Food, Conservation and Energy Act of 2008, which provides for dependent care deductions for children under 18 and individuals of any age who are incapacitated, retirement accounts as asset exclusions, makes changes to reporting requirements and, and telephone interviews in lieu of face-to-face interviews.
Additionally, this rule adds Achieving a Better Life Experience (ABLE) education savings accounts as excluded assets, and adds the provision from Maine Public Law ch. 284, Sec. NNNNNNN-8, providing that certain felons convicted of violent crimes and sexual assault are ineligible for Food Supplement benefits.
Finally, this rule removes the rounding provision of $1, $3, and $5 allotments to $2, $4, and $6 respectively; this is an outdated provision that was associated with Food Supplement coupons, which have been discontinued. Also, there are clean-up changes that include removal of cross-references to TANF and MaineCare rules, duplicate statements, and formatting adjustments.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: October 20, 2017
CONTACT PERSON FOR THIS FILING: Karen Curtis, Food Supplement Program Manager, Department of Health & Human Services, Office for Family Independence
19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4108. Fax: (207) 287-3455. TT Users Call Maine Relay - 711. Email: Karen.L.Curtis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops; 11.01, Definitions; 11.14, Atlantic Sea Scallop Limited Entry Program
PROPOSED RULE NUMBER: 2017-P123
BRIEF SUMMARY: 12 MRS §6706(3) directs the Commissioner of Marine Resources to develop a limited entry system through which a person who did not hold a commercial scallop license in the previous calendar year may become eligible for a license. This regulation proposes the development of two annual lotteries (one for drag licenses, one for dive licenses) for the issuance of new scallop licenses. The number of new licenses available would be calculated by applying an exit ratio to the number of licenses retired by each gear sector in the previous calendar year. The proposed regulation also establishes the eligibility criteria to enter the lottery, as well as factors that would give an individual additional chances in the lottery.
PUBLIC HEARINGS:
Machias: October 10, 2017, 6:30 p.m., University of Maine at Machias, Room 102, 116 O'Brien Avenue
Ellsworth: October 11, 2017, 6:30 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Augusta: October 12, 2017, 6:30 p.m., DMR - Augusta, 32 Blossom Lane
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: October 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (telephone: 207-624-6573). Mail written comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR rulemaking proposal website: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 2017-18 Season
PROPOSED RULE NUMBER: 2017-P124
BRIEF SUMMARY: This proposed rulemaking establishes the 2017-2018 scallop fishing season. As in the 2016-2017 season, there would be a daily possession limit of 15 gallons for Zone 1 and Zone 2, and a daily possession limit of 10 gallons for Zone 3. For Zone 1, a 60-day season is set for draggers to start on December 4, 2017 and the proposed last day of the season is April 10, 2018. For Zone 1, a 60-day season is set for divers to start on December 1, 2017 and the proposed last day of the season is April 15, 2018. For Zone 2, a 70-day season is set for draggers to start on December 4, 2017 and the proposed last day of the season is April 11, 2018. For Zone 2, a 70-day season is set for divers to start on December 1, 2017 and the proposed last day of the season is April 15, 2018. For Zone 3, a 55-day season is proposed for draggers to begin on December 4, 2017 and the proposed last day of the season is April 11, 2018. For Zone 3, a 55-day season is proposed for divers to begin on December 1, 2017 and the proposed last day of the season is April 14, 2018.
In Zone 1, Casco Bay, Sheepscot River and Muscongus Bay/W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are proposed as Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock will be open to harvest daily for the month of December 2017, only.
DMR is proposing to maintain the following targeted closures based on depletion, high concentrations of seed/sublegal scallops and/or the presence of spat-producing scallops: Muscle Ridge, Lower Muscle Ridge, Eastern Casco Bay, Upper Sheepscot River, Ocean Point, Damariscotta River, New Meadows River, Card Cove and Beals-Jonesport Bridge.
Additionally, the daily possession and harvest limits for individuals issued a license under either 12 MRS §6701 or §6702 has been updated to reflect personal limits for divers are no longer limited by vessel.
PUBLIC HEARINGS:
Machias: October 10, 2017, 6:00 p.m., University of Maine at Machias, Room 102, 116 O'Brien Avenue
Ellsworth: October 11, 2017, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Augusta: October 12, 2017, 6:00 PM, DMR - Augusta, 32 Blossom Lane, Augusta
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: October 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (telephone: 207-624-6573). Mail written comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR rulemaking proposal website: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: Technical Corrections and Jonah Crab Claw Exception
PROPOSED RULE NUMBER: 2017-P125
BRIEF SUMMARY: This proposed regulation makes technical corrections to Ch. 25. It moves existing lobster trawl limits that are currently in Ch. 55 into Ch. 25, so that all lobster trawl limits are located in the same chapter. It strikes expired language regarding second zone tags in Zones B and C, and F and G, now that a statewide second zone tag system is in place. It clarifies language regarding construction of green crab traps. Finally, it creates an exemption that would allow a lobster and crab fishing license holder to possess up to 5 gallons of crab claws detached at sea.
PUBLIC HEARING: October 12, 2017, 5:00 p.m., DMR - Augusta, 32 Blossom Lane, Augusta, ME. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: October 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (telephone: 207-624-6573). Mail written comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR rulemaking proposal website: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 44, American Shad Limits
PROPOSED RULE NUMBER: 2017-P126
BRIEF SUMMARY: This proposed regulation makes a correction to Ch. 44, American Shad, to specify that an individual may not take or possess more than 2 shad per day. Prior to this proposed change the regulation only prohibits possession, which has led to challenges with proper enforcement of the intended limitation.
PUBLIC HEARING: October 12, 2017, 5:45 p.m., DMR - Augusta, 32 Blossom Lane, Augusta, ME. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: October 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (telephone: 207-624-6573). Mail written comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR rulemaking proposal website: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 55, Gear Restrictions: Technical Corrections
PROPOSED RULE NUMBER: 2017-P127
BRIEF SUMMARY: This proposed regulation makes technical corrections to Ch. 55. It corrects an inaccurate reference under 55.06. It deletes existing lobster trawl limits that are currently in Ch. 55 so that they may be moved into Ch. 25, so that all lobster trawl limits are located in the same chapter. It reinstates language regarding fishing in the Sheepscot River, Lincoln County, which had been moved into Ch. 32.
PUBLIC HEARING: October 12, 2017, 5:30 p.m., DMR - Augusta, 32 Blossom Lane, Augusta, ME. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: October 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (telephone: 207-624-6573). Mail written comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR rulemaking proposal website: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
ADOPTIONS
Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rulemaking notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .
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