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May 5, 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: Ch. 124, Total Reduced Sulfur Control from Kraft Pulp Mills
PROPOSED RULE NUMBER: 99-P82
CONCISE SUMMARY: The Department is proposing to repeal the existing Chapter 124 and replace it with a new version that incorporates federally required controls which will reduce total reduced sulfur (TRS) emissions from kraft paper mills. Chapter 124 will be updated to include controls for TRS sources such as brownstock washers, steam strippers, and waste water treatment plants. TRS compounds are extremely odorous and are responsible for the characteristic odor surrounding kraft pulp mills. Other amendments to this rule include changes to the TRS venting allowances, recordkeeping and reporting. Copies of this rule 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
PUBLIC HEARING: May 26, 1999, 1:00 p.m., Augusta Hotel, 390 Western Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: June7, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: HOUSEKEEPING CHANGES TO:
Ch. 1, General Provisions;
Ch. 3, Delegation of Authority to Staff;
Ch. 4, Rules of Practice;
Ch. 5, Rules for Public Hearings;
Ch. 7, Regulation of Public Utilities;
Ch. 8, Variances;
Ch. 10, Land Use Districts and Standards;
Ch. 15, Guidelines for Roads in Management Districts;
Ch. 16, Large Lot Land Divisions; and
Ch. 17, Reestablishment of Commission Jurisdiction
PROPOSED RULE NUMBER: 99-P83
CONCISE SUMMARY: Most of these proposed housekeeping changes are a result of Executive Order #6, FY94/95, which directed each state agency to review the factual and policy basis of its rules in light of current conditions. In addition, the Commission is proposing to amend its rules to allow for recreational gold prospecting without a permit provided certain standards are followed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALETIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 685-A, Subsection 8
INFORMATION SESSION & PUBLIC HEARING: Thursday, May 27, 1999. Public hearing convening at 6:00 p.m., Bangor Conference Center, Hogan Road, Bangor, Maine 04401
DEADLINE FOR COMMENTS: Friday, June 18, 1999
AGENCY CONTACT PERSON: Fred Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONIE: 207-287-2631


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 232, Rules for Maine Water Well Drilling Commission
PROPOSED RULE NUMBER: 99-P84
CONCISE SUMMARY: Amending rules to clarify required setbacks of wells from septic systems and other minor changes to correct errors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Section 4700-H(5)
PUBLIC HEARING: May 24, 1999, Motor Transport Building, Whitten Road, Augusta, 9:00 a.m. - 11:00 a.m.
DEADLINE FOR COMMENTS: June 3, 1999
AGENCY CONTACT PERSON
NAME: David Braley, Health Eng. Rep.
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta ME 04333
PHONE: (207) 287-3194
TTY : (207) 287-2070


ADOPTIONS

AGENCY: 14-118 - Department of Mental Health, Mental Retardation, and Substance Abuse Services, Office of Substance Abuse, Driver Education and Evaluation Programs
CHAPTER NUMBER AND TITLE: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
ADOPTED RULE NUMBER: 99-190
CONCISE SUMMARY: The proposed revisions:
1) bring the Driver Education and Evaluation Programs Procedure Manual into compliance with current statute and program practices;
2) eliminate DEEP timelines;
3) require community-based service providers - private providers to
    a) document core subject training for recertification;
    b) assure access to services by people with disabilities;
    c) provide documentation of a comprehensive insurance program; and
    d) develop policy for referral of high risk clients for screening and referral for infectious diseases; 4) require membership of a licensed substance abuse counselor in peer supervision groups;
5) require. all community-based service providers who provide DEEP evaluation and/or treatment services to attend DEEP specific training on a yearly basis; and
6) clarifies that active military personnel may complete DEEP by participating in military programs.
EFFECTIVE DATE: April 26, 1999
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse - DEEP
ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 06-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 28, Notification Provisions for Outdoor Pesticide Applications
ADOPTED RULE NUMBER: 99-191
CONCISE SUMMARY: These regulations establish procedures and standards for informing members of the public about pesticide applications in their vicinity. This amendment corrects an oversight so that aerial applicators conducting ornamental pest control programs in compliance with the notification provisions of Chapter 51 will not have to post five by four inch signs designed for use by commercial ground applicators.
EFFECTIVE DATE: April 27, 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: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 5, Medical Fee Schedule, Appendices I, II, & III
ADOPTED RULE NUMBER: 99-192
CONCISE SUMMARY: This Chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. The Board is repealing Appendix III that was effective 08/01/1997 and replacing it with a new updated Appendix III. The Board is repealing and replacing the forms in Appendices I & II with updated forms. The Board is implementing Durable Medical Equipment and Supplies, and Hospital Inpatient and Surgical Centers reimbursement levels, and Permanent Impairment Ratings.
EFFECTIVE DATE: May 1, 1999
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director, Office of Medical/Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7080


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 99-194
CONCISE SUMMARY: The adopted rule amends the cost-sharing requirements of home care programs funded through the Department of Human Services. They carry out a legislative mandate included in Public Law 99, Chapter 4 (LD 50) calling for revisions to go into effect by July 1, 1999, that will require persons with higher incomes to pay a proportionately higher share of the cost of home care services they receive. These revisions affect the consumer payment section of the rule for the Home Based Care, Consumer Directed Home Based Care, Congregate Housing, Homemaker, Alzheimer's Respite and Adult Day Services Programs and are considered major substantive rules. Other routine technical revisions have been made to the appeal and administrative provisions that apply to the same programs.
EFFECTIVE DATE : July 1, 1999
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


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