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June 3, 1998
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. 100, Definitions
PROPOSED RULE NUMBER: 98-P111
CONCISE SUMMARY: This amendment adds 20 compounds to the list of compounds excluded from the definition of volatile organic compound (VOC) on the basis of their negligible contribution to ground-level ozone formation. Some of these compounds have the potential for use as refrigerants, aerosol propellants, blowing agents and solvents. This aligns the state VOC definition with the Environmental Protection Agency's VOC definition. In some cases these delisted compounds may replace more hazardous air pollutants currently used in cleaning operations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
DEADLINE FOR COMMENTS: July 6,1998, 5:00 p.m.
AGENCY CONTACT PERSON: Jeffrey Crawford

RULE TITLE: Ch. 127, New Motor Vehicle Emissions Standards
PROPOSED RULE NUMBER: 98-P112
CONCISE SUMMARY: Maine adopted Chapter 127, New Motor Vehicle Emission Standards, on February 17, 1993, which requires the production of new motor vehicles that are cleaner than vehicles manufactured under federal emission standards. Legislation was subsequently passed stipulated that the effective date of the regulation was dependent on whether states in the northeast and Ozone Transport Region also adopted similar rules. This statutory stipulation was met in 1998. Since federal law requires states to notify auto manufacturers at least two full model year production cycles prior to implementation, the new motor vehicle standards will not apply until the 2001 model year. The regulation applies to passenger cars, light duty trucks, medium-duty vehicles, motor vehicle engines, and air contaminant emission control systems, as well as aftermarket parts. This chapter also specifies responsibilities for motor vehicle dealers and manufacturers and provisions for warranty and recall campaigns, and provides for a possible regional document repository. Provisions for aftermarket parts, certification testing, and a mandate for zero emission vehicles sales is established.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: June 24, 1998, 2:00 p.m., Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: July 6, 1998 5:00 p.m.
AGENCY CONTACT PERSON: Andrea Lapointe

AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: State House, Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 1998
PROPOSED RULE NUMBER: 98-P113
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay towards the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1,357 and the shelter allowance will be $407, effective July 1, 1998.
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: July 3,1998
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


ADOPTIONS

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Amendments to Ch. 490, Acquired Immune Deficiency Syndrome and Medical and Lifestyle Standards Rule
ADOPTED RULE NUMBER: 98-238
CONCISE SUMMARY: These amendments reflect the reality that new techniques to test for the presence of the HIV antibody or for the Human Immunodeficiency Antigen are from time to time being developed. The amendments create a process whereby insurers desiring to utilize a new technique are required to obtain approval of the Superintendent prior to such utilization. These amendments fulfill the Executive Order 6 Rule Review Recommendations.

CHAPTER NUMBER AND TITLE: Ch. 600, Screening Mammograms
ADOPTED RULE NUMBER: 98-239
CONCISE SUMMARY: These amendments update the rule to reflect changes in underlying related statues. These amendments fulfill the Executive Order 5 Rule Review Recommendations.

EFFECTIVE DATE: June 1, 1998
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 890, Consumer Complaint Ratios
ADOPTED RULE NUMBER: 98-240
CONCISE SUMMARY: This Rule defines the method to be used by the Bureau of Insurance in calculating consumer complaint ratios.
EFFECTIVE DATE: June 21, 1998
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 98-241
CONCISE SUMMARY: The changes to the Rules Relating to Drinking Water include the adoption of an MCL for methyl tert-butyl ether to be applicable to public water systems that serve community water systems and non-transient non-community water systems. The MCL for methyl tert-butyl ether is 35 parts per billion. The applicable public water systems are required to monitor and report MTBE levels to the State for their systems. If a public water system exceeds the MCL for MTBE then the systems would be required to complete public notification and to install an approved treatment technology. Increased monitoring will also be required if MTBE is detected. The MTBE sample is to be analyzed by a certified laboratory approved by the Department. These are major substantive rules that were approved by the State Legislature and signed by the Governor as a resolve (Resolve 114) on April 3, 1998.
AGENCY CONTACT PERSON: Susan Johannesman
AGENCY NAME: Department of Human Services
ADDRESS: Division of Health Engineering, 157 Capitol Street, 10 State House Station Augusta, ME 04333-0010
TELEPHONE: (207)287-5680 TTY (207) 287-2070


AGENCY: 01-017 - Department of Agriculture, Food and Rural Resources, Maine Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 11, Subchapter 3, Section 20, Maximum Acceptable Test Levels
ADOPTED RULE NUMBER: 98-242
CONCISE SUMMARY: The Maine Harness Racing Commission adopted a change in the acceptable test levels of the Blood Gas Testing program. These adopted levels reflect the change that has been accepted throughout the industry. The Commission appointed a committee to review the program last fall when it learned the present parameters being used were not in compliance with the industry standards. The Commission determined an emergency existed to protect the wagering public from a threat of potential drug abuse on horses. Also, the scientific data prepared by experts in the field indicated Maine's levels were inconsistent with industry standards.
EFFECTIVE DATE: May 22, 1998
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director
AGENCY NAME: Maine Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: 207-287-3221


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 98-246
CONCISE SUMMARY: In accordance with Title 12 MRSA, Section 7457, subsection 1, (H), the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 1998 regular and special muzzle-loading deer hunting season. This establishes specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:
WMD 1 -- 0 permits (200)
WMD 2 -- 0 permits (50)
WMD 3 -- 0 permits (25)
WMD 4 -- 0 permits (250)
WMD 5 -- 0 permits (300)
WMD 6 -- 0 permits (200)
WMD 7 -- 550 permits
WMD 8 -- 450 permits
WMD 9 -- 50 permits (100)
WMD 10 -- 250 permits (350)
WMD 11 -- 200 permits (350)
WMD 12 -- 950 permits
WMD 13 -- 950 permits
WMD 14 -- 450 permits
WMD 15 -- 2,900 permits
WMD 16 -- 3,700 permits
WMD 17 -- 7,500 permits
WMD 18 -- 600 permits (800)
WMD 19 -- 0 permits
WMD 20 -- 2,900 permits
WMD 21 -- 3,500 permits
WMD 22 -- 3,450 permits
WMD 23 -- 7,500 permits
WMD 24 -- 2,850 permits
WMD 25 -- 1,750 permits
WMD 26 -- 2,700 permits
WMD 27 -- 300 permits
WMD 28 -- 0 permits
WMD 29 -- 25 permits
WMD 30 -- 1,200 permits
This represents a reduction of 1,525 permits from the proposed allocations. These reductions occurred in WMD's 1, 2, 3, 4, 5, 6, 9, 10, 11 and 18. Proposed allocations are shown in italics above. Adopted allocations are underlined. These amendments are a result of severe wintering conditions in those Wildlife Management Districts. All other antlerless deer regulations in effect in 1997 shall remain the same.
EFFECTIVE DATE: May 27, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 25, Maine Outdoor Heritage Fund
ADOPTED RULE NUMBER: 98-249
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board has adopted grant application deadlines of March 1t and September 1t of each year. Action will be taken on individual project proposals within three months of the submission deadlines. These amendments are adopted to create equal time periods between grant application deadlines, and to allow the Heritage Fund staff and Board more time to review applications thoroughly.
EFFECTIVE DATE: May 31, 1998
AGENCY CONTACT PERSON: Andrea Erskine, inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid eligibility Manual - 1998 Federal Poverty Level
ADOPTED RULE NUMBER: 98-248
CONCISE SUMMARY: This rule puts into effect the 1998 Federal Poverty Level (FPL). The FPL is updated each year by the U.S. Department of Health and Human Services. The FPL serves as the income limit in Medicaid for children, elderly and disabled individuals and pregnant women. The 1998 FPL will mean an average increase of 1.9% in Medicaid income limits for these affected groups. An error was made in listing the 133% Federal Poverty Level for a household of 1. The correct amount is $893. This will serve to readopt the correct number. The Emergency Rule on 1998 Federal Poverty Levels was effective February, 1998.
EFFECTIVE DATE: May 31, 1998
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


AGENCY: 19-100 - Department of Economic and Community Development
CHAPTER NUMBER AND TITLE: Ch. 400, Employment Tax Increment Financing Rule
ADOPTED RULE NUMBER: 98-249
CONCISE SUMMARY: This chapter sets forth the provisions by which a business may utilize the Employment Tax Increment Financing Program, and describes application requirements, state review and designation procedures, the calculation of employment tax increment, annual reporting requirements and program administration.
EFFECTIVE DATE: June 1, 1998
AGENCY CONTACT PERSON: Alan Brigham, Department of Economic and Community Development, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-2656


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