Weekly State Rulemaking Notices – 3/21/18


AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 13, Metallic Mineral Exploration, Advanced Exploration and Mining. and Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBERS: 2018-P004, P005 (3rd publication; hearing re-scheduled)
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on proposed rule changes to comply with PL 2017 ch. 142, 128th Legislature. Specifically, §12 of Ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38 section 490-NN subsection 2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Proposed changes include a repeal and replacement of the Commission’s Ch. 13 rule, renaming Ch. 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Ch. 10 rule to ensure consistency with Ch. 13 and clarify the relationship between the two chapters.
PUBLIC HEARING POSTPONED TO: April 11, 2018, 1:00 p.m., Spectacular Events, 395 Griffin Road, Bangor
COMMENT DEADLINE: written comments must be submitted on or prior to April 23, 2018. Written rebuttal comments must be submitted on or prior to April 30, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. TTY: (888) 577-6690. Email: Stacie.R.Beyer@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 684, 685-A,3, 685-C,5,A; PL 2017 ch. 142
LUPC WEBSITE: www.maine.gov/dacf/lupc/index.shtml .


AGENCY: 13-188 – Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations: 2.90, Limited-purpose Aquaculture (LPA) License; 2.95, Water Quality Classifications and Shellfish Aquaculture
CONCISE SUMMARY: This rulemaking implements a number of changes to the Limited Purpose Aquaculture License (LPA). It deletes a number of references to other chapters of regulation to reduce redundancy. It includes several changes to reduce risk to public health, including prohibiting siting LPAs for shellfish in prohibited, restricted and conditionally restricted areas, with certain exceptions. It prohibits siting of marine algae or shellfish seed LPAs within the 300:1 dilution zone around wastewater treatment outfalls and prohibits the use of MOU or biotoxin monitoring protocols for LPAs. It limits the dimensions of LPAs to no longer than 1×400 ft, square or rectangular. It requires LPA license holders to complete an educational program prior to renewal of their license in 2019 and future years. It amends gear marking requirements, so that each individual piece no longer needs to be marked and requires buoys to be marked with the LPA identification number. It limits an individual to being listed on no more than eight additional LPAs other than their own. The rule also clarifies numerous provisions including allowable amendments mid-year, notice to municipalities, site identification on the application, and who must sign the application.
EFFECTIVE DATE: March 19, 2018
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: Amanda.Ellis@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .