AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 310, Wetlands and Waterbodies Protection
PROPOSED RULE NUMBER: 2018-P108
BRIEF SUMMARY: The Department is proposing to amend Ch. 310 to limit the definition of certain Wetlands of Special Significance to include contiguous wetlands within a 250-foot radius unless the Department determines that the activity may unreasonably adversely affect the protected resource that created the WOSS designation. The proposed rulemaking would also add shoreline stabilization projects to the list of projects that may be considered in a WOSS subject to an alternatives analysis and clarifies the definitions of “Emergent Marsh Vegetation” and “Peatland”.
PUBLIC HEARING: June 19, 2018 – 1:00 p.m., Marquardt Building – Room 117, 32 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: June 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mark Margerum, Maine Department of Environmental Protection, 17 State House Station. Augusta, ME 04333-0017. Telephone: (207) 287-7842. Fax: (207) 287-7826. Email: Mark.T.Margerum@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed changes may reduce the expenses of application preparation for some applicants. No other fiscal impacts are anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §341-H
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 38 MRS §§ 480-A et seq.
DEP WEBSITE: http://www.maine.gov/dep/
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .
________________________________________
AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for Handling, Transportation, and Recycling of Electronic Wastes
PROPOSED RULE NUMBER: 2018-P109
BRIEF SUMMARY: The proposed changes to Ch. 415 are in response to changes in statute resulting from the enactment of LD 1847 as PL 2018 ch. 391. The proposed changes include the addition of 3D printers as covered devices; changes to the method for calculating payment for the recycling of monitors and printers so that the cost of recycling is paid according to market share and no longer brand-sorted, with the result that historic manufacturers will no longer be billed for recycling; and moving the due date for annual manufacturer registrations to April 1. Other changes include incidental corrections to punctuation and grammar. No significant changes to Department operations relating to the program are anticipated.
PUBLIC HEARING: June 19, 2018 – 1 p.m., Marquardt Building – Room 117, 32 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: July 2, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Elena Bertocci, MDEP, BRWM, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-8556. Email: Elena.Bertocci@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 341-D(1-C), 1610(5)(D)(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2017 ch. 391
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .
________________________________________
AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 166 (New), Industrial Cleaning Solvents
PROPOSED RULE NUMBER: 2018-P110
BRIEF SUMMARY: Section 184 of the Clean Air Act requires states to implement or update reasonably available control technology “RACT” controls on all major VOC and NOx emission sources and on source categories covered by a Control Technique Guideline “CTG” document. EPA defines RACT as the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. In 2006 EPA published a CTG recommending VOC controls for industrial cleaning solvents; the Department is proposing to incorporate this CTG into a new rule, which will be submitted to the U.S. Environmental Protection Agency for approval in Maine’s State Implementation Plan.
The Department’s proposal expands the types of VOC emissions controlled to include those from industrial cleaning solvents in a new rule, Ch. 166. The emission limits are achieved by using low-VOC solvents and work practices.
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: 1 p.m. June 19, 2018, Marquardt Building, Room 118, 32 Blossom Lane, Augusta, Maine 04333
COMMENT DEADLINE: 5 p.m. June 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: There may be minor costs for facilities covered by the rule to convert to low VOC coatings or install add-on control technology and to comply with the required record keeping.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: U.S. E.P.A.’s 2006 Control Technique Guideline for industrial cleaning solvents as required by Section 184 of the Clean Air Act.
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .
________________________________________
AGENCY: 99-346 – Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 33 (Repeal and replace), AccessAble Home Tax Credit Rule
PROPOSED RULE NUMBER: 2018-P111
BRIEF SUMMARY: The current Ch. 33, Home Modification Tax Credit Rule, is being repealed and replaced with a new AccessAble Home Tax Credit Rule. The replacement rule: (1) changes the name to AccessAble Home Tax Credit Rule; (2) corrects the statutory reference in paragraph 1.d. and paragraph 5; and (3) provides that the credit will be taken in the year MaineHousing issues a certificate rather than in the year the modification expenses are incurred. A copy of the proposed replacement rule may be found at www.mainehousing.org.
PUBLIC HEARING: To request a public hearing, please contact the contact person for this filing.
COMMENT DEADLINE: Friday, June 29, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEHOUSING RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600; (800) 452-4668 (voice in state only). Maine Relay 711. Email: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §4741.1; 36 MRS §5219.PP
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
MAINEHOUSING WEBSITE: http://mainehousing.org .
________________________________________
AGENCY: 99-346 – Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24 (Repeal and replace), Home Energy Assistance Program
PROPOSED RULE NUMBER: 2018-P112
BRIEF SUMMARY: The proposed rule repeals and replaces the current Home Energy Assistance Program rule which establishes standards for the Fuel Assistance Program, the Energy Crisis Intervention Program, HEAP Weatherizaton, the Central-Heating Improvement Program, and Supplemental Benefits.
A copy of the proposed replacement rule may be found at www.mainehousing.org.
PUBLIC HEARING: A public hearing will be held on Tuesday, June 19, 2018 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, ME 04330-4633.
Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, June 29, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEHOUSING RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600; (800) 452-4668 (voice in state only). Maine Relay 711. Email: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §§ 4722(1)(W), 4741(15), 4991 et seq.; 42 USCA §§ 8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
MAINEHOUSING WEBSITE: http://mainehousing.org .
________________________________________
AGENCY: 10-144 – Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 283, Rules and Regulations Relating to Testing Newborn Infants for Detection of Causes of Cognitive Disabilities and Selected Genetic Conditions
PROPOSED RULE NUMBER: 2018-P113
BRIEF SUMMARY: The proposed rule contains updates to Maine’s newborn bloodspot screening (NBS) requirements, including (1) screening for additional conditions in conformity to recommendations by the U.S. DHHS; (2) protocols for collecting and storing NBS specimens; (3) reporting out-of-range-test results; and (4) releasing NBS samples for research purposes. The proposed rule includes additional terms and definitions, along with a revised construction of the rule format, for improved readability. Proposed changes are in conformity to the U.S. DHHS recommendations for newborn screening, supported by the U.S. Health Resources and Services Administration (HRSA) for infants and children under the Public Health Service Act.
PUBLIC HEARING: June 20, 2018; 9 a.m. – Conference Room 16; Maine CDC/Key Plaza, 286 Water Street, Augusta, Maine 04333
COMMENT DEADLINE: June 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Bridget Bagley, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 1532, 1533
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE NEWBORN BLOODSPOT SCREENING PROGRAM: http://www.maine.gov/dhhs/mecdc/population-health/mch/cshn/bloodspot-screening/index.html .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
________________________________________
AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Subdistricts and Standards
PROPOSED RULE NUMBER: 2018-P114
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, related to the Commission’s policy for locating new development – called the adjacency principle. Today, single family homes can locate in most places in the Commission’s service area, but new zones for subdivisions and commercial development are generally needed and generally must be located within one mile by road of existing compatible development. The proposed changes would replace the one mile rule-of-thumb with a new system for locating most new development near existing communities and public roads. The proposal also would allow commercial and residential development that is dependent on, or centered around, natural or recreational resources to locate near these resources in certain circumstances. The Commission anticipates that the proposed rule changes will be revised in response to public comments. A revised draft of the proposed rule changes will be published on the Commission’s website by August 29, 2018. Paper copies will be available by request.
PUBLIC HEARING: June 20, 2018 – 1:00 p.m., Jeff’s Catering, 15 Littlefield Way, Brewer, Maine
COMMENT DEADLINE: Written comments must be submitted on or prior to September 24, 2018; written rebuttal comments must be submitted on or prior to October 1, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ben Godsoe; 22 State House Station, Augusta, Maine, 04333. Telephone: (207) 287-2619. Email: Benjamin.Godsoe@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §685-A(1), (3), (7-A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC RULES WEBSITE: http://www.maine.gov/dacf/lupc/laws_rules/proposed_rules/rules.shtml .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov
Weekly State Rulemaking Notices – 5/30/18
June 1, 2018