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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

February 28, 2001
as posted 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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Control Program
PROPOSED RULE NUMBER: 2000-P247
CONCISE SUMMARY: This proposal will require certain electric generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electric generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal will allow electric generating units operating at less than 35% of their annual capacity factor to satisfy a limited portion of their control requirement through the use of discrete emission reduction credits. An electric generating unit that is controlling its on-site emissions to a level no greater than 0.20 pounds per million Btu and operating at less than 355 capacity factor may use discrete credits to meet the shortfall between the 0.20 pounds per million Btu on-site control limit and the 0.15 pounds per million Btu emission limit. Credits must be obtained from sources located within New England that are within 150 miles of the Maine border, and are to be discounted two to one (i.e., two credits must be purchased for every ton of on-site emissions). The proposal also includes monitoring, recordkeeping and reporting requirements.
Copies of these rules and previously submitted comments are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: No public hearing is scheduled; this proposal has been posted to an additional 30-day comment period because of significant changes.
DEADLINE FOR COMMENTS: March 28, 2001
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.94(2)(c), Lobster Management Zones, Zone F, and Ch. 25.94(2)(d), Lobster Management Zones, Zone G
PROPOSED RULE NUMBER: 2001-P70
CONCISE SUMMARY: The Commissioner proposes the following revised western boundary for Zone F, and revised eastern boundary for Zone G, to more accurately reflect historic fishing grounds in the waters adjacent and below Cape Elizabeth. The new western line for Zone F would begin at Cape Elizabeth, then proceed SSE on Loran line 13340 to the three-mile limit, then due South Magnetic to the Exclusive Economic Zone (EEZ). The new eastern line for Zone G would begin at the Presumpscott River Bridge, then proceed SSE on Loran line 13280 to the three-mile limit, then due South Magnetic to the Exclusive Economic Zone. The proposed boundary between Zone F and Zone G would overlap by approximately five and 1/2 miles from the shore to the EEZ.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446
PUBLIC HEARING: Tuesday, March 20, 2001, 7:00 p.m., Sheraton Tara Hotel, 363 Maine Mall Rd, South Portland
DEADLINE FOR COMMENTS: March 30, 2001
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 9, Rules Relating to Equal Pay
PROPOSED RULE NUMBER: 2001-P71
CONCISE SUMMARY: These rules provide definitions and procedures for enforcement of the equal pay provisions of Maine Labor Law, 26 MRSA Section 628.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 42 and 1997 Resolves, Ch. 43.
PUBLIC HEARING: March 19, 2001, 9:00 a.m., Room 106 1st Floor, Bureau of Labor Standards, Hallowell Office Annex, Central Building
Hallowell, ME 04347
DEADLINE FOR COMMENTS: April 2, 2001
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 05-071 - State Board of Education (Department of Education)
RULE TITLE OR SUBJECT: Ch. 60, New School Siting Approval
PROPOSED RULE NUMBER: 2001-P72
CONCISE SUMMARY: This rule governs State Board of Education action in the siting of new school construction projects, not including additions to existing schools, that receive state funding.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law, c. 776, 21.
PUBLIC HEARING: Thursday, March 22, 2001, 1:00 p.m. to 2:00 p.m., Cross State Office Building, Department of Education Room 505, Augusta, ME
DEADLINE FOR COMMENTS: Monday, April 2, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director/Team Leader
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6840


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age Six
PROPOSED RULE NUMBER: 2001-P73
CONCISE SUMMARY: The amendment described at (1), above, will permit use of current relevant information about the child being considered for extended school year (ESY) services, rather than duplicating that information with additional evaluations. The amendment described at (2), above, will permit evaluators who have evaluated a child for eligibility to also provide services when it is in the best interest of the child, and/or necessary to meet compliance requirements and/or necessary to provide an otherwise unavailable specialized services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 7727(3)
PUBLIC HEARING): March 23, 2001 (Friday), Department of Education, Cross State Office Building, Room #505, Augusta, ME. 11:00 a.m. to 12:00 noon
DEADLINE FOR COMMENTS: Monday, April 2, 2001; 5:00 p.m. (to be submitted to Child Development Services State Office, address below)
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: Department of Education - Child Development
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 182, Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites
PROPOSED RULE NUMBER: 2001-P74
CONCISE SUMMARY: The refinement of cost projections through a data driven approach rather than an historical approach will permit the Legislature to clearly identify the reasons for cost increases and provide greater focus on potential cost containment strategies for the CDS system. The funding formula must include consideration of the costs associated with the following functions: administration; Childfind; case management; and provision of other services. The funding formula must take into consideration other factors, which may include but are not limited to, a regional site's geographic area, the general population of children from birth to under age 6, ChildCount, the Medicaid eligibility rate and cost containment measures. The formula may allocate a portion of total funds, not to exceed 8% of the State's general fund appropriation for the Child Development Services System, for distribution to the regional sites based on unanticipated changes in costs or amount of mandated services provided during the fiscal year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Ch. 296, Section 12; 20-A MRSA 7727 (4-A)
PUBLIC HEARING: March 23, 2001 (Friday), Department of Education, Cross State Office Building, Room 505. 1:00 p.m. to 2:00 p.m.
DEADLINE FOR COMMENTS: Monday, April 2, 2001; 5:00 p.m. (to be submitted to Child Development Services State Office, address below)
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: Department of Education - Child Development
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals: Ch. VI., The Governing Board, Ch. VIII, Physical Environment, Ch. XI., Dietary Department, Ch. XVIII., Ch. XII., Medical Records Services, Ch. XVIII., Complementary Department (Section V), Ch. XVIII., Outpatient Services, Ch. XX., Social Work Services, Ch. XXI., Quality Management Process, Ch. XXIII., Psychiatric Unit, Ch. XXV., Psychiatric Hospital Requirements, and Ch. XXVII., Critical Access Hospitals.
PROPOSED RULE NUMBER: 2001-P75
CONCISE SUMMARY The proposed regulations reflect current practices in hospitals today. Ch. XXI., Quality Management Process, defines the components of the Quality Management Program. Ch. XXIII., Psychiatric Unit, and Ch. XXV., Psychiatric Hospital Requirements, address the requirement under the Federal Conditions of Participation to include the new patient rights. All the other chapters include current practice issues and clarity to existing language. The original regulations have been in use since 1972.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1, Section 3, 5, 6, 42, 1811, 1813, 1814-1817, and 1820.
DATE(S)/PLACE(S) OF HEARING(S): Monday, March 19, 2001 at 1:30 p.m., John Dickens Conference Room (1st Floor), Division of Licensing and Certification, 35 Anthony Ave., Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: March 29, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5443 (Telephone)
(207) 624-5386 (FAX)
(207) 624-5512 (TTY-Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 235, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2001-P76
CONCISE SUMMARN The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42 and 2601 et seq.
PUBLIC HEARING: March 19, 2001, from 1:00 p.m. - 3:00 p.m., at 219 Capitol Street, Augusta, Maine.
DEADLINE FOR COMMENTS: April 2, 2001
AGENCY CONTACT PERSON: Scott Whitney/Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-8487; 207-287-6471
TYY: 207-287-2070


AGENCY: 65-407 - Public Utilities Commission

RULE TITLE OR SUBJECT: Ch. 290, Standards for Billing, Credit and Collection, and Customer Information for Eligible Telecommunications Carriers Providing Basic Telephone Service
PROPOSED RULE NUMBER: 2001-P77
CONCISE SUMMARY This Chapter establishes consumer protections for the provision of local exchange telephone service by eligible telecommunications carriers in Maine. These rules govern interruptions in service, the granting and denying of service, provision of consumer information, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining exemptions and variations from this Chapter.

RULE TITLE OR SUBJECT: Ch. 291, Standards for Billing, Credit and Collection, and Customer Information for Non-Eligible Telecommunications
PROPOSED RULE NUMBER: 2001-P78
CONCISE SUMMARY. This Chapter establishes consumer protections for the provision of local exchange telephone service by non-eligible telecommunications carriers in Maine. These rules govern interruptions in service, the granting and denying of service, provision of consumer information, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining exemptions and variations from this chapter.

RULE TITLE OR SUBJECT: Ch. 292, Standards for Billing, Credit and Collection, and Customer Information for Interexchange Carriers
PROPOSED RULE NUMBER: 2001-P79
CONCISE SUMMARY: This Chapter establishes consumer protections for the provision of local exchange telephone service by non-eligible telecommunications carriers in Maine. These rules govern interruptions in service, the granting and denying of service, provision of consumer information, credit and deposit practices,, billing, disconnection, customer complaint procedures and methods of obtaining exemptions and variations from this chapter.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: March 21, 2001 at 9:00 a.m., Public Utilities Commission Hearing Room, 242 State Street, Augusta
STATUTORY AUTHORITY: 35-A MRSA 104,111, 704, and 705
DEADLINE FOR COMMENTS: April 30,2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Food Code 2001
ADOPTED RULE NUMBER: 2001-48
CONCISE SUMMARY: The Maine Department of Agriculture, Food and Rural Resources is adopting the Maine Food Code 2001 to update and consolidate existing rules. This rule improves food safety based on today's science and brings Maine's food rules into alignment with nationally accepted guidelines. Adoption will allow the Department of Agriculture, Food and Rural Resources and the Department of Human Services to enforce the "Maine Food Code" uniformly throughout the retail food service industry. The Maine Food Code 2001 is based on the 1999 U.S. Public Health Service FDA Food Code. The Maine Food Code 2001 is replacing Chapter 331, "Retail Food Establishments." Additionally, Chapter 348, "Bulk Food Regulations," Chapter 346, Mobile Vendors, and Chapter 350, "Self-service Salad Bars and Hot Foods in Retail Establishments," will be replaced by the Maine Food Code 2001 since the new "Food Code" regulates the establishments previously regulated by those chapters also.
EFFECTIVE DATE: February 17, 2001
AGENCY CONTACT PERSON: David E. Gagnon
AGENCY NAME: Maine Department of Agriculture, Food & Rural Resources, Division of Quality Assurance and Regulations
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841


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