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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

March 7, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - 2001 Federal Poverty Levels
PROPOSED RULE NUMBER: 2001-P80
CONCISE SUMMARY: This rule puts into effect the 2001 Federal Poverty Level (FPL). The FPLs are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit in Cub Care, Medicaid for children and their parents, elderly and disabled individuals and pregnant women.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 6, 2001.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT:
Ch. 143, New Source Performance Standards (NSPS)
Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS)
PROPOSED RULE NUMBER: 2001-P81
CONCISE SUMMARY: The Clean Air Act Amendments of 1990 offer states the option of accepting delegation for NSPS and NESHAPS federal requirements for incorporation into the states regulatory programs to reduce dual regulatory reporting requirements on industry and streamline the air emission licensing processes. All standards will be implemented through the air emission licensing process.
EPA requires that the states adopt standards that are at least as stringent as federal regulations, in order to maintain approval of the Title V permitting program.
The DEP is proposing to incorporate amendments to NSPS and NESHAPS that have previously been delegated to the state and amended between July 1, 1997 and July 1, 2000, as well as several new NESHAPS categories. State law requires that this be in accordance with the State Administrative Procedure Act (MAPA) process, to ensure the State has full implementation and enforcement authority through the State's Title V licensing process. The Chapters incorporate standards for 138 types of source categories (both large and small businesses) that are subject to the federal standards.
The Board further solicits testimony on the proposed Hazardous Air Pollutant regulations and:
* Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Human Services;
* The extent to which the public is exposed to the HAPs;
* The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions of the HAPs; and
* Any other information that would assist the Board in establishing standards adequate to protect the public health and safety.
Copies of these rules 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, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or 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&B
PUBLIC HEARING: none- 30 day public comment period only
DEADLINE FOR COMMENTS: 12 April 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Deb Avalone-King
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333--0017
TELEPHONE: (207) 287-2437
EMAIL: debbie.j.avalone-king@maine.gov
FAX: (207) 287-7641


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 245, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
PROPOSED RULE NIMBER: 2001-P82
CONCISE SUMMARY These rules set the minimum standards for licensing of individuals to design subsurface wastewater disposal systems (septic tanks and absorption fields) for safe onsite disposal of domestic sewage and non-industrial wastewater.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: March 28, 2001, DHS Bldg., 219 Capitol Street, 11 a.m. - 1 p.m..
DEADLINE FOR COMMENTS: April 9, 2001
AGENCY CONTACT PERSON:
NAME: W. Clough Toppan, Director
ADDRESS: Health Engineering, 10 State House Station, Augusta ME 04333
EMAIL: Clough.Toppan@maine.gov
PHONE: (207) 287-5686
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual - Updating the Federal Poverty Level Income Guidelines
PROPOSED RULE NUMBER: 2001-P83
CONCISE SUMMARY: This policy proposes to update the Federal Poverty Level income guidelines contained in the Public Assistance manual. The income guideline affects eligibility for Emergency Assistance and Transitional Transportation benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 6, 2001
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 21, Licensing and Registration Agents
PROPOSED RULE NUMBER: 2001-P84
CONCISE SUMMARY: The commissioner of Inland Fisheries & Wildlife is proposing to adopt rules regarding the selection of agents to sell licenses, permits and registrations and the reporting requirements and payment procedures for those agents. A copy of the proposed rule may be obtained from the agency contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7072 and 7074
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: April 6, 2001
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2001-P85
CONCISE SUMMAY: The Allocation of State Ceiling for Low-Income Housing Tax Credit Rule is being amended to comply with recent changes to Section 42 of the Internal Revenue Code, which became effective January 1, 2001, as follows: (i) to modify the formula for calculating the state housing credit ceiling under Section 42 of the Code; (ii) to add a comprehensive market study of the housing needs of low-income persons in the area to be served by a tax credit project to the threshold application requirements; (iii) to establish projects that provide for tenant ownership upon the expiration of the extended use period as a new selection criteria; (iv) to give preference to tax credit projects that contribute to a community revitalization plan and are located in a qualified census tract over such projects that are not located in a qualified census tract; and (v) to make updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(l) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING: March 27, 2001, 9:30 a.m., Corinne Croteau Lepage Women's Health Pavilion, St. Mary's Regional Medical Center, 330 Sabattus Street, Lewiston, Maine 04240. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: April 6, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS

AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE UMBER: 2001-55
CONCISE SUMMARY: The Commission revised its definitions of "hand-carry launch" and "trailered ramp" such that dollies may be used at hand-carry launches to move a boat to or from the water provided no special site design is required to accommodate such devices.
EFFECTIVE DATE: February 26, 2001
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333
TELEPHONE: 287-4932


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 32.20, Elver Fishing License Lottery
ADOPTED RULE NUMBER: 2001-56
CONCISE SUMMARY: The adopted regulation establishes a lottery system for the awarding of elver fishing licenses to persons who did not possess an elver-harvesting license in the previous calendar year. This regulation fulfills the legislative mandate of 12 MRSA 6505-A(2-A)(B).

CHAPTER NUMBER AND TITLE: Ch. 34.10, Maine Groundfish Management Plan, Halibut Restrictions
ADOPTED RULE NUMBER: 2001-57
CONCISE SUMMARY: The Department has adopted amendments to the Maine Groundfish Management Plan regulations, adding a minimum size limit of 36 inches for the Atlantic halibut. The 36-inch minimum size limit provides consistency with the federal regulations for multispecies minimum fish sizes. The Department regulations allow possession exemptions for groundfish fillets. This exemption is not allowed for halibut.

EFFECTIVE DATE: February 26, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 34.20(A), Summer Flounder - Emergency
ADOPTED RULE NUMBER: 2001-58
CONCISE SUMMARY: The 2001 Atlantic States Marine Fisheries Commission (ASMFC) annual quota has been exceeded; and the fishery must be closed for the remainder of the 2001 calendar year to be in compliance with the ASMFC, Summer Flounder Plan. This action is necessary to prevent overfishing of the summer flounder resource in order to avoid unusual damage or imminent depletion, and to allow for rebuilding of the stock in accordance with the ASMFC and Council summer flounder management plans.
EFFECTIVE DATE: February 26, 2001
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-9500


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 109, Quality Oversight for Commercial Health Maintenance Organizations (HMOs)
ADOPTED RULE NUMBER: 2001-59
CONCISE SUMMARY: This rule establishes standards to ensure that Health Maintenance Organizations are implementing and monitoring programs and policies that promote the provision of quality health care. The availability of this information will allow the public to make more informed health care choices.
EFFECTIVE DATE: March 2, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 2001-60
CONCISE SUMMARY: Section 67.02-7, "Frequent Change in Care Setting," is adopted to allow for increased eligibility for NF residents who have chronic conditions that fluctuate enough to qualify and disqualify them for services on a cyclical basis. Qualifying residents will be given the choice to remain in the NF if discharging will likely lead to a deterioration of health status.
EFFECTIVE DATE: March 3, 2001
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1-800-321-5557 option 1
DEAF/HARD OF HEARING TTY#: 287-1828 or TTY# 1-800-423-4331


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 870, Labeling of Mercury-Added Products
ADOPTED RULE NUMBER: 2001-61
CONCISE SUMMARY: The rule sets forth standards for affixing labels to mercury-added products packaging sold in Maine. The purpose of the label is to inform consumers that the item contains mercury and may not be discarded in municipal solid waste. Primary responsibility for labeling rests with the product manufacturer. Where strict compliance with the standards is not feasible or practical, the manufacturer may apply for approval of an alternative labeling plan. The rule allows mercury-added products sold in Maine to be labeled in the same manner as required in another state with corresponding requirements.
EFFECTIVE DATE: March 4, 2001
AGENCY CONTACT: Enid Mitnik, Department of Environmental Protection - BRWM, 17 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-8556


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 2: Maine College Savings Program
ADOPTED RULE NUMBER: 2001-62
CONCISE SUMMARY: The Rule amendment allows the Authority to increase the maximum contribution amount from the average cost of five (5) years of undergraduate attendance at the private colleges in New England to the average cost of seven (7) years of undergraduate attendance at the same college. Additional changes are proposed to conform with federal requirements.
EFFECTIVE DATE: March 4, 2001
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 90-351 - Workers' Compensation Board

CHAPTER NUMBER AND TITLE: Ch. 3, Form Filing
ADOPTED RULE NUMBER: 2001-63
CONCISE SUMMARY: This rule defines a day for purposes of filing a First Report of Injury.

CHAPTER NUMBER AND TITLE: Ch. 8, Procedures for Payment, Sections 1, 8, & 16
ADOPTED RULE NUMBER: 2001-64
CONCISE SUMMARY: This rule defines when a Statement of Compensation Form must be filed; how to calculate partial incapacity pursuant to 39-A MRSA 214; and mandates the filing of an amended First Report of Injury when an employee suffers an injury causing a day or more of lost time that does not result in the filing of a Notice of Controversy or Memorandum of Payment.

EFFECTIVE DATE: March 4, 2001
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


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