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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

May 9, 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 requires affected sources to install selective non-catalytic reduction or a control technology determined by the Board to achieve essentially equivalent NOx reductions on each unit by May 1, 2003. In addition to a control technology requirement, the proposal establishes interim emission limitations for the period from June 15, 2003 through December 30, 2004. and final emission limitations thereafter.
The final emission limitations, which become effective on January 1, 2005, require electric generating units with a maximum heat input capacity of less than 750 million Btu per hour require these units to meet a 0.22 lb/rnm Btu emission limit. Electric generating units with a maximum heat input capacity of 750 million Btu per hour or greater must meet a 0.15 lb/mm Btu emission limit. Finally, indirect heat exchangers, primary boilers and resource recovery units with a maximum heat input capacity greater than 250 million Btu per hour must continue to meet the 0.20 lb/mm Btu emission limit.
The Department is also proposing that an alternative emission limitation be established in the event a source cannot achieve the final emission limitations after installing and optimizing an approved control technology. Any source seeking an alternative emission limitation would need to apply to the Board before the January 1, 2005 final emission limitation deadline, and would have the burden of proof in demonstrating that achieving the final limits was technically infeasible.
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: June 11, 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: 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: Held 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: Extended to May 31, 2001
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 Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Healthy Maine Prescriptions
PROPOSED RULE NUMBER: 2001-P116
CONCISE SUMMARY: Rules on who is eligible for Healthy Maine Prescriptions. These rules are proposed pending the authorization by the Maine legislature.
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: June 8, 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: 16-222 - Bureau of Maine State Police

RULE TITLE OR SUBJECT: Ch. 4, Motor Carrier Safety Rules
PROPOSED RULE NUMBER: 2001-P117
CONCISE SUMMARY These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operation of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395, and 396.

RULE TITLE OR SUBJECT: Ch. 6, Transportation of Hazardous Materials
PROPOSED RULE NUMBER: 2001-P118
CONCISE SUMMARY These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in title 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 25 MRSA Section 2103-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 8, 2001

AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Bureau of State Police
ADDRESS: 20 State House Station, Augusta, Me. 04333
TELEPHONE: (207) 624- 8939


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 4, Independent Medical Examiner
PROPOSED RULE NUMBER: 2001-P119
CONCISE SUMMARY: This chapter outlines rules pertaining to the procedures for the implementation of the independent medical examiner process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 312
PUBLIC HEARING: Thursday, May 31, 2001, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, June 11, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director Office of Medical Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: (207) 287-7080


AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
RULE TITLE OR SUBJECT: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Fund Board, Amendment 6
PROPOSED RULE NUMBER: 2001-P120
CONCISE SUMMARY: The rule was amended to raise the so-called "mini" loan amount, for which affirmative board action is not required to approve loans, from $2,500 to $5,000. Also, provisions were added stating the general practice of the Board to require personal guarantees of individuals or entities owning 25% or more of the borrower, and limiting the aggregate liability of any person or entity to the Board, as borrower or as guarantor, to $250,000.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 364
PUBLIC HEARING: None unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 11, 2001.
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

No adoption notices this week.


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