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February 3, 1999
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: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 520 - 529, Wastewater Discharge Program
PROPOSED RULE NUMBER: 99-P15
CONCISE SUMMARY: The State of Maine will be applying to the US EPA for delegation to administer the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act in Maine. This will eliminate the current system of dual regulation of wastewater discharges to waters of the State by both the DEP and EPA. These proposed rules are necessary to complete the delegation application. Adoption of the rules will give the State comparable authority to administer the NPDES program, but will have minimal regulatory impact since they are substantially the same as Federal Regulations currently effective in Maine. The rules address applications for discharge permits, processing procedures, effluent criteria and standards, the industrial pretreatment program and issuance of general permits. The rules consist of the following chapters:
520 - Definitions;
521 - Applications for Licenses;
522 -Application Processing Procedures;
523 - Permit Conditions;
524 - Criteria and Standards;
525 - Effluent Guidelines and Standards;
526 - Reserved;
527 - Reserved;
528 - Pretreatment;
529 - General Permits.
The corresponding EPA regulations may be found in portions of 40 CFR parts 122, 123, 124, 125, 129, 133 and 401 through 472.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA, Section 341-D, 413, 414-A and 414-B
PUBLIC HEARING: 1:00 p.m. on February 24, 1999 at the Holiday Inn / Ground Round, Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on March 8, 1999
AGENCY CONTACT PERSON:
AGENCY NAME: Dennis Merrill
ADDRESS: Department of Environmental Protection, State House Station 17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: dennis.l.merrill@maine.gov

AGENCY: 10-144 - Department of Human Services, Division of Health Engineering, Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations Changes
PROPOSED RULE NUMBER: 99-P17
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission regulations, increases the x-ray section fees, and clarifies the requirements for industrial x-ray users in the state.
STATUTORY AUTHORITY: 22 MRSA Section 674
PUBLIC HEARING: February 24, 1999; 10:00 a.m. - 12:00 p.m., 151 Capitol Street, 2nd floor conference room.
DEADLINE FOR COMMENTS: March 10, 1999
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E. Radiation Control Program
ADDRESS: State House, Station 10 Augusta, Maine 04333-0010
PHONE: 287-5676
e-mail: jay.hyland@maine.gov


ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 1999
ADOPTED RULE NUMBER: 99-26
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax law. This rule is applicable for tax year 1999.
EFFECTIVE DATE: February 26, 1999
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, State House Station #24, Augusta, Maine 04333-0024
PHONE NUMBER: 287-2011


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
CHAPTER NUMBER AND TITLE: Ch. 20, Forest Regeneration and Clearcutting Standards
ADOPTED RULE NUMBER: 99-30
CONCISE SUMMARY: The existing rule sets the standards for forest regeneration after timber harvesting, and performance standards for clearcuts. The proposed rule amends the existing rule to incorporate existing and new legislation in the rule to include: procedures for notifying, the Bureau of proposed commercial timber harvesting activities and changes in the law that affect the size, arrangement and regeneration of clearcuts.
EFFECTIVE DATE: January 31, 1999
AGENCY CONTACT PERSON: Jim Blanck, Chief Planner, Bureau of Forestry, Statehouse Station #22, Augusta, ME 043333
PHONE: 207-287-2791


AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual; Section 6.6, Restitution: A. Work Release: Payment of Restitution or Fines; B. Payment of Restitution of Fines from Other Sources
ADOPTED RULE NUMBER: 99-31
CONCISE SUMMARY: This rule applies to all prisoners who have court ordered restitution, whether as a separate sentence or as a condition of probation. It also applies to all prisoners who have a court ordered fine.
EFFECTIVE DATE: January 31, 1999
AGENCY CONTACT PERSON: Denise Giles, Victim Services Coordinator
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4385


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. I, Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 99-32
CONCISE SUMMARY: This final rule updates Chapter I, Section 1, of the Maine Medical Assistance Manual. The changes update statutory authority; clarify provider electronic record keeping requirements, recipient eligibility for covered services, Cub Care eligibility, environmental modifications, third party liabilities, faxed signatures, and prior authorization requirements; delete obsolete statutory references regarding provider fraud/abuse; update membership guidelines for the Medicaid Advisory Committee; and make related editing changes.
EFFECTIVE DATE: February 1, 1999
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514 or at 800-423-4331 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services
CHAPTER NUMBER AND TITLE:
Ch. 509 (New), Rules for Designating Areas, Populations or Hospitals as Underserved by Specialty Physicians.
REPEAL OF:
Ch. 507, Rules for Implementing the 1985 Amendment to the Maine Medical Compact Act - Vision Care
Ch. 509, Rules for Designating Hospitals as Underserved by Emergency Room Physicians
Ch. 511, Rules for Designating Areas as Underserved by Psychiatrists
ADOPTED RULE NUMBER: 99-35
CONCISE SUMMARY: This rule change repeals the above Chapters and replaces them with a single rule to address all specialty's physicians applying to serve underserved areas/populations in exchange for state loan forgiveness. Previously, a new rule was required for every specialty request which has been a barrier to loan forgiveness implementation.
EFFECTIVE DATE: January 31, 1999
AGENCY CONTACT PERSON: Helen Zidowecki
AGENCY NAME: Office of Health Data & Program Management, DHS
ADDRESS: #11 SHS, 35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: 207-624-5427
FAX 207-624-5431
TTY 207-624-5512


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

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 62, Molecular Testing Services.
ADOPTED RULE NUMBER: 99-36
CONCISE SUMMARY: This final rule increases the reimbursement rate for Cystic Fibrosis Screening Services from the present $78.07 to $97.50 effective with services provided on or after 11/1/98, and makes related minor editing changes.
EFFECTIVE DATE: January 31, 1999

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. V, Section 2, Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services
ADOPTED RULE NUMBER: 99-33
CONCISE SUMMARY: The final rule updates Chapter V, Section 2, "Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT)" to reflect changes in the program. The changes include clarification of financial limits noted in contracts; interperiodic screenings; modification of treatment plans; screenings for behavioral health needs; timely provisions of services; authorized providers under the Home Visitation Program, and the processing of prior authorization requests.
EFFECTIVE DATE: February 1, 1999

AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 45, Shrimp Season, 1998-1999
ADOPTED RULE NUMBER: 99-37
CONCISE SUMMARY: This rule adopts, through the regular rule-making process, changes effective with the emergency rule for establishing the 1998-1999 shrimp season. The season began December 15, 1998 and ends May 25, 1999, with the following open dates: Dec. 15 to Dec. 23, 1998, Jan. 4 to Jan. 26, Feb. 1 to Feb. 23, Mar. 1 to Mar. 16, Apr. 1 to Apr. 28, and May 3 to May 25, 1999, dates inclusive. Saturdays and Sundays are closed throughout the entire season. The season for the harvest of shrimp by trap shall be January 10 through March 10, 1999, dates inclusive.
EFFECTIVE DATE: January 31, 1999

CHAPTER NUMBER AND TITLE: Ch. 26.15, Sea Urchin Harvester License Lottery
ADOPTED RULE NUMBER: 99-40
CONCISE SUMMARY: This rule establishes a lottery system that allows a person to become eligible to obtain that license in calendar year 1999, 2000, or 2001, who did not hold a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license in the previous calendar year. This regulation is designed to fulfill the legislative mandate of 12 M.R.S.A. 6749-O(2-B).
EFFECTIVE DATE: January 31, 1999

CHAPTER NUMBER AND TITLE: Ch. 25.85, Lobster Trap Escape Vent Dimensions
ADOPTED RULE NUMBER: 99-38
CONCISE SUMMARY: This proposed measure would provide regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment #3 Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation increases the rectangular escape vent to a minimum size of 1-15/16 inches by 5-3/4 inches, effective March 1, 1999.
EFFECTIVE DATE: June 1, 1999

AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE:
Amend Ch. 1 - Definitions
Amend Ch. 3 - Licensure/Registration Requirements
Amend Ch. 4 - Examination Requirements
Amend Ch. 5 - Installation Standards
Amend Ch. 7 - Fees
New Ch. 8 - Permits for Aboveground Propane and Natural Gas Storage Facilities
New Ch. 9 - Modifications of Standards
ADOPTED RULE NUMBER: 99-41 through 99-47
CONCISE SUMMARY: The Board is amending their rules to clarify the wording of the law and rules. The rule changes better clarify licensure/registration and examination requirements. The rules update the editions of the National Fire Protection Standards. The rules set forth the requirements for permitting aboveground propane and natural gas storage facilities and set the fee for the permit. The rules also allow the Board the discretion to alter installation standards after appropriate technical consideration.
EFFECTIVE DATE: February 1, 1999
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER 207/624-8605


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