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January 21, 1998
Rule-Making Notice

as it appears in 5 daily Maine newspapers


NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 7, Utilization Review, Treatment Protocols, Permanent Impairment
PROPOSED RULE NUMBER: 97-P268
CONCISE SUMMARY: The addition of two new treatment protocols to Chapter 7, Utilization Review. These protocols include guidelines for the treatment of carpal tunnel and pain management.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2) & 210
PUBLIC HEARING: Hearing of January 8, 1998 has been re-scheduled to Thursday, February 12, 1998 at 1:00 p.m. at Worker's Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 20, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director of Medical/ Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7080

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 113, Growth Offset Regulation
PROPOSED RULE NUMBER: 97-P289
CONCISE SUMMARY: The Department is proposing revisions to its rule governing growth offset trading. Federal law requires new air emissions from major new sources and major modifications of existing sources to be offset by emissions reductions elsewhere, to ensure that industrial growth will not result in an increase in air pollution within the state. The proposed revisions provide guidance needed to conduct air emissions credit trades, and incorporate findings of the Governor's Committee on Emissions Trading, which provided policy guidance to the Department. The first revised version of this rule was presented at a public hearing on March 26, 1997. Substantial comments were received on that version from EPA and Maine's regulated community, and the Department has made significant revisions in this second version. Major changes include a clearer definition of how pollution reductions should be measured and calculated, inclusion of credit certification provisions, a change in the date after which pollution reductions may be creditable, and a proposal to require additional offset credits if they are obtained from outside of New England. This version also spells out provisions for public participation in the credit trading approval process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: February 11, 1998 9:15 a.m., Holiday Inn, Ground Round
DEADLINE FOR COMMENTS: February 27, 1998
AGENCY CONTACT PERSON: Judith Landers
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207/287-2437


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 140, Part 70 Air Emission License Regulations (Amendments)
PROPOSED RULE NUMBER: 98-P4
CONCISE SUMMARY: The Department of Environmental Protection is proposing to amend Chapter 140 to incorporate by reference the nitrogen oxides control requirements from Title IV of the 1990 Clean Air Act Amendments. Title IV established a program to reduce acid deposition through reductions in annual emissions of sulfur dioxide and nitrogen oxides emissions. The Department previously incorporated the Title IV sulfur dioxide provisions within Chapter 140; this proposal will now incorporate the recently-issued rules on nitrogen oxides emissions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: February 11, 1998 9:00 a.m., Holiday Inn, Augusta
DEADLINE FOR COMMENTS: February 27, 1998
AGENCY CONTACT PERSON: Jeffrey S. Crawford
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: State House, Station 17
Augusta, ME 04333
TELEPHONE: 207/287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Wastewater & Plumbing Control Program
RULE TITLE OR SUBJECT: Ch. 241, Subsurface Wastewater Disposal Rules PROPOSED RULE NUMBER: 97-P5
CONCISE SUMMARY: The Department of Human Services proposes to clarify language and refine procedures in the current rules related to design and construction of onsite wastewater disposal systems.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Section 42
PUBLIC HEARING: Tuesday, February 3, 1998, 12:00-4:00 p.m., Cushnoc Auditorium, Augusta Civic Center, Augusta, ME
DEADLINE FOR COMMENTS: March 1, 1998
AGENCY CONTACT PERSON:
NAME: Dina Laflamme
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, Maine 04333-0010
PHONE: 207/287-5689


AGENCY: 90-564 - Fund Insurance Review Board

RULE TITLE OR SUBJECT: Ch. (New), Documentation Requirements for Applications to the State Fire Marshal for Coverage by the Ground Water Oil Clean-Up Fund at Above Ground Oil Storage Facilities
PROPOSED RULE NUMBER: 98-P6
Concise Summary: This rule lists the documents required to be supplied by owners/operators of above ground oil storage facilities as part of the application to the State Fire Marshal for coverage by the Ground Water Oil clean-Up Fund. It also lists documents that may be provided to and documents that will be reviewed by the State Fire Marshal.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 568-A(1)(H)

RULE TITLE OR SUBJECT: Repeal of Ch. 2, Substantial compliance Criteria
PROPOSED RULE NUMBER: 98-P7
CONCISE SUMMARY: The rule is being repealed because the substantial compliance requirements set forth in 38 M.R.S.A. 568A(l) as enacted by P.L. 1993, c.363,8 and 9, were repealed by P.L. 1995, c. 361,4, and therefore are no longer necessary.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 1995, c.361, 4.

DATE AND PLACE OF HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 23, 1998
AGENCY CONTACT PERSON: Vickie L. Frost Reynolds, Fund Insurance Review Board, c/o Finance Authority of Maine (FAME), 83 Western Avenue, P.O. 949, Augusta, Maine 04332
TELEPHONE: 207/623-3263


AGENCY: 19-100 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. 1, Employment Tax Increment Financing Rule
PROPOSED RULE NUMBER: 98-P8
CONCISE SUMMARY: This chapter sets forth the provisions by which a business may utilize the Employment Tax Increment Financing Program, and describes application requirements, state review and designation procedures, the calculation of employment tax increment, annual reporting requirements and program administration.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A M.R.S.A. 6754(3) and 6759.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 20, 1998
AGENCY CONTACT PERSON: Alan Brigham
AGENCY NAME: Department of Economic & Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333-0059
TELEPHONE: (207) 287-2656


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter II, Section 103, Rural Health Clinic Services
PROPOSED RULE NUMBER: 98-P9
CONCISE SUMMARY: The proposed rule revises the current Chapter II, Section 103. The requirements for supervision by a physician in a Rural Health Clinic will be changed to be the same as that imposed by the licensing authority for physicians.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: None scheduled; one may be requested.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter II & III, Section 16, Clozaril Monitoring Services
PROPOSED RULE NUMBER: 98-P10
CONCISE SUMMARY: The proposed rule repeals the current Chapter II and III, Section 16, Clozaril Monitoring Services. Public Law 1997, Chapter 24, Part BB takes away the state money to pay for this service. Eliminates a service that already is available by other types of Medicaid providers.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173, and Public Law 1997, March 26, 1997 Chapter 24, Part BB.
PUBLIC HEARING: None scheduled; one may be requested.

DEADLINE FOR COMMENTS: February 20,1998
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY: (207) 287-3799.


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 602 - Emergency Amendment 1
ADOPTED RULE NUMBER: 98-5
CONCISE SUMMARY: This emergency amendment broadens the Authority's ability to guarantee consolidation loans to include both Federal Family Education Loan Program loans and Federal Direct Student Loans, implementing an option recently enacted by the Federal Government in emergency legislation.
EFFECTIVE DATE: January 12, 1998
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


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