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January 14, 2015

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 207/287­1615) 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). World­Wide

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/index.html. There is also

a list of rule­making liaisons, who are single points of contact for each agency.

NOTICE

AGENCY: 29­250 ­ Department of Secretary of State, Bureau of Corporations,

Elections Commission

RULE TITLE OR SUBJECT: Request for Comments on the Maine

Administrative Procedure Act

CONCISE SUMMARY: By the end of January, 2015, the Secretary of State must file an

annual report to the Governor and the Joint Standing Committee on State and Local

Government on the Administrative Procedure Act. The purpose of this ad is to solicit,

from state agencies and the public, recommendations for improvements to the rulemaking process. We will include a summary on these recommendations in the report.

Please submit comments via e­mail or U.S. postal.

STATUTORY AUTHORITY: 5 MRSA §8056­A
PUBLIC HEARING: None

DEADLINE FOR COMMENTS: January 28, 2015

AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary

of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624­7650. Fax:

(207) 287­6545. E­mail: Don.Wismer@Maine.gov .

WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .

PROPOSALS

AGENCY: 01­669 ­ Department of Agriculture, Conservation and Forestry, Bureau of

Forestry (Maine Forest Service)

CHAPTER NUMBER AND TITLE: Ch. 21, Statewide Standards for Timber Harvesting

and Related Activities in Shoreland Areas

PROPOSED RULE NUMBER: 2015­P001

BRIEF SUMMARY: The Maine Department of Environmental Protection is delegating

permit granting authority to the Bureau of Forestry (Maine Forest Service) for timber

harvesting and related activities regulated under the Natural Resources Protection Act

(NRPA). This rule­making will amend Maine Forest Service Ch. 21 "Statewide Standards

for Timber Harvesting and Related Activities in Shore land Areas" to incorporate the

permitting process and reconcile differences between NRPA water crossing standards and

standards in Ch. 21. It also clarifies which activities are considered timber harvesting and

which are not when vegetation is removed in proximity of existing development. To

obtain a copy of the proposed rule contact Patti Roberts, Maine Forest Service, 22 State

House Station, Augusta ME 04333. Telephone: (207) 287­2791. E­mail:

Patti.Roberts@Maine.gov .

PUBLIC HEARINGS:

Farmington: February 3rd 2015 at 6:00 p.m. in Farmington at the University of Maine

– Farmington, Olsen Student Center, Dining Hall Section C

Bangor: February 4th 2015 at 6:00 p.m. in Bangor at the Bangor Motor Inn 701 Hogan

Road, Bangor

COMMENT DEADLINE: Monday February 16th 5:00 p.m. Submit Comments to: Patti

Roberts, Maine Forest Service, 22 State House Station, Augusta ME 04333 or by e­mail:

Patti.Roberts@Maine.gov .

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Keith

Kanoti, 22 State House Station, Augusta ME 04333. Telephone: (207) 287­1073. E­mail:

Keith.Kanoti@Maine.gov .

IMPACT ON MUNICIPALITIES OR COUNTIES: None.

STATUTORY AUTHORITY FOR THIS RULE: Sec.1 38 MRSA §480­E­3 as enacted by PL

2011 c. 599 and amended by PL 2014 ch. 570

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .

AGRICULTURE RULE­MAKING LIAISON: Mari Wells­Eagar: Mari.Wells@Maine.gov .
AGENCY: 06­096 ­ Department of Environmental Protection (DEP)

CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards

PROPOSED RULE NUMBER: 2015­P002

BRIEF SUMMARY: The purpose for this proposed rule amendment is to delay

implementation of California's aftermarket catalytic converter requirements for three

years to June 1, 2018. In addition clarification for exempt vehicles is proposed in Section

4(F)(5).

The purpose for delaying the effective date to June 1, 2018 is to allow more time for small

manufacturers to comply and for other states in the region to adopt these requirements.

States in the Ozone Transport Region have asked EPA to adopt the CARB ACC standards.

The Ozone Transport Region Committee has also drafted the state Model Rule for Sale of

Aftermarket Catalytic Converters based on California's program. Additional time will allow

these provisions to be adopted with a more uniform implementation process across the

region.

These amendments will be submitted to EPA as a revision to Maine's State

Implementation Plan.

CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom

Graham, 17 Statehouse Station, Augusta, ME 04333. Telephone: (207) 287­7598. E­mail:

Tom.Graham@Maine.gov .

PUBLIC HEARING: No public hearing scheduled ­ 30 day written comment period. A

public hearing will be held if requested before the end of the comment period.

COMMENT DEADLINE: The deadline for receipt of written comments on the proposed

rule is 5 p.m., February 17, 2015. Please include your name and the organization you

represent, if any.

IMPACT ON MUNICIPALITIES OR COUNTIES: None

STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §585­A

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

WEBSITE: http://www.maine.gov/dep/ .

DEP RULE­MAKING LIAISON: Mike.Karagiannes@Maine.gov .

AGENCY: 06­096 ­ Department of Environmental Protection (DEP)

CHAPTER NUMBER AND TITLE: Ch. 129, Surface Coating Facilities

PROPOSED RULE NUMBER: 2015­P003

BRIEF SUMMARY:·The Department's proposal, based upon USEPA Control Technique

Guidelines, expands the types of coating operations regulated by Ch. 129 to include

miscellaneous plastic parts and products. The amendments provide for five major surface

coating categories with numerous subcategories in each to further identify which coatings

are subject to a specific emission limit. The emission limits are achieved by using low­VOC

coatings and add­on controls either alone or in combination.

These amendments will be submitted to EPA as a revision to Maine's State
Implementation Plan.

PUBLIC HEARING: No public hearing scheduled ­ 30 day written comment period. A

public hearing will be held if requested before the end of the comment period.

COMMENT DEADLINE: The deadline for receipt of written comments on the proposed

rule is 5 p.m., February 17, 2015. Please include your name and the organization you

represent, if any.

CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATION: Tom

Graham, Department of Environmental Protection, 17 State House Station, Augusta ME

04333­0017. Telephone: (207) 287­7598. E­mail: Tom.Graham@Maine.gov .

IMPACT ON MUNICIPALITIES OR COUNTIES: None.

STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §585­A

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 42 U.S. Code

§7511c

WEBSITE: http://www.maine.gov/dep/ .

DEP RULE­MAKING LIAISON: Mike.Karagiannes@Maine.gov .

AGENCY: 06­096 ­ Department of Environmental Protection (DEP)

CHAPTER NUMBER AND TITLE: Ch. 885, Designation of Formaldehyde as a Priority

Chemical and Regulation of Formaldehyde in Children's Products

PROPOSED RULE NUMBER: 2015­P004

BRIEF SUMMARY: As provided by Maine law 38 MRSA §1694, the Department has the

authority to promote chemicals on Maine's chemicals of high concern list to priority

status through routine technical rule­making. If a chemical meets certain statutory

criteria it may be designated as a priority chemical by the Commissioner, with

concurrence by the Department of Health and Human Service, Maine Center for Disease

Control ("Maine CDC").

A review of Maine's chemicals of high concern list has resulted in the identification of

formaldehyde as having the ability to cause significant known adverse health effects to

the human body. Therefore, formaldehyde has been selected for designation as a priority

chemical. Formaldehyde meets one or more of the statutory criteria for listing as a

priority chemical and has the strong potential to be present in product categories of

particular concern to the Department's Safer Chemicals Program.

Whereas there is a lack of information available in the public domain regarding the

current use of formaldehyde in children's products, the Department pursues this action in

order to require reporting from manufacturers or distributors of children's products that

contain this formaldehyde which has been intentionally added to impart a specific

functionality or characteristic to the final product.

Reporting provides the Department with important information on how and where this

chemical is used in children's products. With this information the Department can make

better informed decisions on the regulation of chemicals in children's products.

Copies of these rules are available upon request by contacting the Agency contact person

listed on this form or on the DEP website at 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: N/A

COMMENT DEADLINE: February 17, 2015

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri

Malinowski, Maine Department of Environmental Protection, 17 State House Station,

Augusta, ME 04333. Telephone: (207) 215­1894. Fax: (207)287­7641. E­mail:

Kerri.Malinowski@Maine.gov .

IMPACT ON MUNICIPALITIES OR COUNTIES: None

STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None

WEBSITE: http://www.maine.gov/dep/ .

DEP RULE­MAKING LIAISON: Mike.Karagiannes@maine.gov

06­096 ­ Department of Environmental Protection (DEP)

CHAPTER NUMBER AND TITLE: Ch. 888, Designation of Four Members of the

Chemicals Class Phthalates as Priority Chemicals

PROPOSED RULE NUMBER: 2015­P005

BRIEF SUMMARY: This draft rule is proposed by citizen petition pursuant to 5 MRSA

§8055, which was received by the Department on May 14, 2014. The proposed rule

designates four members of the chemical class phthalates as priority chemicals and

requires reporting for certain product categories that contain one or more of the four

listed phthalates. The proposal applies to manufacturers of specified product categories

that contain intentionally added di92­ethylhexyl) phthalate (DEHP), dibutyl phthalate

(DBP), benzyl butyl phthalate (BBP), or diethyl phthalate (DEP).

As provided by Maine law at 38 MRSA § 1694, the Department has the authority to

promote chemicals on Maine's chemicals of high concern list to priority status through

routine technical rule­making. If a chemical meets certain statutory criteria it may be

designated as a priority chemical by the Commissioner, with concurrence by the

Department of Health and Human Service, Maine Center for Disease Control ("Maine

CDC"). Once classified as a priority chemical, the Department has the authority to require

manufactures of specified product categories to report their use of a priority chemical

above de minimis levels.

In order to make the originally proposed draft rule more consistent with currently

effective rules implemented by the Safer Chemicals Program, and to better align the

proposed rule with Maine law, the Department has made substantial changes to the

originally proposed draft. This public notice provides an opportunity for public review and

comment regarding those changes.

Copies of the draft rule is available upon request by contacting the Agency contact person
or on the DEP website at 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: N.A

COMMENT DEADLINE: February 17, 2015

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri

Malinowski, Maine Department of Environmental Protection, 17 State House Station,

Augusta, ME 04333. Telephone: (207) 215­1894. Fax: (207)287­7641. E­mail:

Kerri.Malinowski@Maine.gov .

IMPACT ON MUNICIPALITIES OR COUNTIES: None

STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None

DEP RULE­MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

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