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April 21, 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: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 4 (currently under 04-063), Bear Baiting
PROPOSED RULE NUMBER: 99-P71
CONCISE SUMMARY: A number of substantial amendments are proposed to clarify procedures and definitions of the existing rules in response to customer comments and staff review.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Ch. 220 Sub-chapter I
PUBLIC HEARING: Wednesday, May 12, 1999 at 6:30 p.m., University College of Bangor, 355 Maine Ave., Bangor Hall, Rm. 101.
ITV-IOCATIONS:
University of Maine Presque Isle, 181 Main St., Pullen Hall, Rm. 115
University of Maine Machias, 9 O'Brien Ave., Torrey Hall, Rm. 4
University of Maine Farmington, 112 Main St., Roberts Hall, ITV Studio
DEADLINE FOR COMMENTS: May 24, 1999
AGENCY CONTACT PERSON: Joe Wiley
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: 287-4921
FAX: 287-8111
E-MAIL: joe.wiley@maine.gov


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 1, Rules for State Parks and Historic Sites
PROPOSED RULE NUMBER: 99-P72
CONCISE SUMMARY: The Bureau of Parks and Lands is proposing to repeal the existing rules on hunting, baiting and trapping and adopt new rules which consolidate the rules for these activities into the same section incorporating a number of minor amendments. The listings of Parks properties closed to hunting or open seasonally have been updated and moved to an Appendix. Marked trails have been added to the 300 foot no weapon discharge prohibition.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Ch. 220 Sub-chapter I
PUBLIC HEARING: Wednesday, May 12,1999 at 8:00 p.m., University College of Bangor, 355 Maine Ave., Bangor Hall, Rm. 101
ITV LOCATIONS:
University of Maine Presque Isle, 181 Main St., Pullen Hall, Rm. 115
University of Maine Machias, 9 O'Brien Ave., Torrey Hall, Rm. 4
University of Maine Farmington, 112 Main St., Roberts Hall, ITV Studio
PUBLIC HEARING: Thursday, May 13,1999 at 6:30 p.m., University of Maine Augusta, 46 University Dr., UMA Library-Lower Level, Rm. 15
ITV LOCATIONS:
Lewiston/Auburn College, 51-55 Westminster St., Lewiston, Rm. 159
University of Southern Maine, 96 Falmouth St., Payson-Smith Hall, Rm. 304
DEADLINE FOR COMMENTS: May 24,1999
AGENCY CONTACT PERSON: Joe Wiley
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: 287-4921
FAX: 267-8111
E-MAIL: joe.wiley@maine.gov


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Proposed Amendments to Ch. 520, Unscheduled Tour, Charter and Water Taxi Services in Casco Bay
PROPOSED RULE NUMBER: 99-P73
CONCISE SUMMARY: The purpose of the proposed revisions is to provide more flexibility for providers of charter and water taxi services while maintaining the distinctions between these services and ferry service to the Casco Bay Islands and make minor changes to the organization of the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A M.R.S.A. §5101-E
PUBLIC HEARING: May 10, 1999 at 1:30 p.m. in the Horace Libby Hearing Room, Public Utilities Commission, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 21, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 90, Physician Services
PROPOSED RULE NUMBER: 99-P74
CONCISE SUMMARY: This rule is required to provide and update needed services through Medicaid's Physicians Services rule. The proposed rule would implement changes to allow Medicaid to gather additional recipient medical information, limited solely to the purpose of determining exemption status, when requested by an enrollee in a Medicaid managed-care program. Without this ability, the Bureau cannot adequately evaluate the enrollee's request for exemption status. Other examples of changes in the rule include: adding coverage for Audiologists and Registered Nurse Assistants when services are performed "under" or in association with Physician Services and opening up more broadly preventive services for adults. In addition the rule adds coverage for new pancreas transplant procedures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. §42, §3173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below, before the comment deadline.
DEADLINE FOR COMMENTS: May 25, 1999
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/ Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-06
PROPOSED RULE NUMBER: 99-P75
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. §2954 & 5 M.R.S.A. §8054
PUBLIC HEARING: 9:00 a.m., May 13, 1999, Department of Agriculture, Food & Rural Resources, Deering Building Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 13, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization

CHAPTER NUMBER AND TITLE: Ch. 245, Uniform Reporting System for Non-Hospital Ambulatory Service Data Sets
ADOPTED RULE NUMBER: 99-161
CONCISE SUMMARY: This rule contains the provisions for filing ambulatory data sets for patients serviced by non-hospital providers including: establishing requirements for the content, form, medium, and time for filing ambulatory service data; establishing standards for the data reported; identifying the ambulatory surgical procedures and other ambulatory services for which ambulatory service data sets are required to be filed; and specifying compliance provisions.

CHAPTER NUMBER AND TITLE: Ch. 250 (repeal), List of Ambulatory Services for Which Data Set Reporting Is Required
ADOPTED RULE NUMBER: 99-162
CONCISE SUMMARY: Ch. 250 is repealed in its entirety. The provisions of this chapter which identify the ambulatory surgical procedures and other ambulatory services for which ambulatory service data sets are required to be filed with the Maine Health Data Organization by non-hospital ambulatory service providers, are now included in Ch. 245 - Uniform Reporting System for Non-Hospital Ambulatory Service Data.

EFFECTIVE DATE: July 1, 1999
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: Gardiner Annex - Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 29, Standards for Water Quality Protection
ADOPTED RULE NUMBER: 99-164
CONCISE SUMMARY: These regulations establish standards for protecting surface water. This chapter establishes a 50 foot set back from surface water for mixing and loading of pesticides and sets forth requirements for securing containers on vehicles and cleaning up spills occurring within the set back 2one.
EFFECTIVE DATE: April 14, 1999
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 99-165
CONCISE SUMMARY: The Department of Human Services' statutes require a public hearing to be held prior to adoption of changes to the Rules. The major proposed change is rearrangement of the Rule's Chapters. Also, the department intends to rectify inadvertent errors and provide non-substantive clarification to various sections of the wastewater disposal rules.
EFFECTIVE DATE: June 1, 1999
AGENCY CONTACT PERSON: James A. Jacobsen, Manager/AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: (207) 287-5695
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSA I Railroad Retirement COLA Disregards
ADOPTED RULE NUMBER: 99-166
CONCISE SUMMARY: This rule provides for a disregard of income for elderly and disabled individuals who are eligible for and receiving Medicaid when annual adjustments for Federal Poverty Level(FPL) and Social Security / Railroad Retirement COLAs result in ineligibility for Medicaid.
EFFECTIVE DATE: April 14, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-167
CONCISE SUMMARY: Able-Bodied Adults Without Dependents (ABAWDS) who are not otherwise exempt from work requirements may be waived from the requirements of the time limited rule if they meet one of the following characteristics: eighth grade education or less, language limited, lack of accessible transportation or homelessness. For this section, homeless rules will not include those individuals living in a temporary accommodation in the residence of others.
EFFECTIVE DATE: April 14, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices
ADOPTED RULE NUMBER: 99-168
CONCISE SUMMARY: Minimum May, 1999 producer Class I set at $14.86 and a $2.08 Northeast Interstate Dairy Compact over order price. May, 1999 Class II goes to $11.92 and Class III minimums set at $11.57. These changes were passed on in minimum prices.
EFFECTIVE DATE: May 1, 1999
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 275, Medicare Supplement Rule
ADOPTED RULE NUMBER: 99-169
CONCISE SUMMARY: These amendments provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies.
EFFECTIVE DATE: April 28, 1999
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, State House Station #34, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 113, Growth Offset Regulation (Amendments)
ADOPTED RULE NUMBER: 99-170
CONCISE SUMMARY: On January 13, 1999, the Board of Environmental Protection adopted amendments to Chapter 113. The amendments allow the use of NOx credits to meet VOC offset requirements in northern Maine if EPA reverses its current policy and allows generation of NOx credits in a NOx waiver area. Chapter 113 implements the federal requirement that new emissions of NOx and VOCs (the two types of pollutants that combine to form ground-level ozone, or "smog") be offset with reductions of the pollutants made elsewhere. Because NOx reductions and VOC reductions generally have an equivalent air quality benefit in southern Maine, the rule allows facilities that need offset credits to substitute NOx credits for VOC credits, and visa versa, in this area. EPA does not currently allow the generation of NOx credits in an area for which it has granted a waiver of certain NOx controls; therefore, the rule did not previously allow use of NOx credits to offset VOC increases in northern Maine, which has such a waiver. Because NOx emissions in northern Maine are more likely to contribute to ozone formation, a greater benefit to air quality would likely be seen in northern Maine if NOx emission reductions in northern Maine are used to offset VOC emission increases.
EFFECTIVE DATE: April 18, 1999
AGENCY CONTACT PERSON:
NAME: Judith Landers
ADDRESS: Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


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