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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

June 14, 2000
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: 99-P273
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal will require electrical generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electrical generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping and reporting requirements. On January 6, 2000, a public hearing was held on this proposal. The Department is now proposing to amend its original proposal by requiring only those resource recovery facilities with a heat input of 250 million Btu be subject to control requirements (at the same 0.20 lbs. per million Btu emission rate as industrial sources), and by eliminating the compliance exemption for startup and shutdown periods. 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, 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: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 5, 2000
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: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 318, Amendment 1 (Non-emergency), Wells Waste Oil Clean-up Program
PROPOSED RULE NUMBER: 2000-P107
CONCISE SUMMARY: This rule amendment extends the filing deadline to apply for grants related to the Portland-Bangor Waste Oil Services site in Wells, Maine and adds the terms and conditions under which applicants may obtain loans for payment of the costs of a remedial study related to the Portland-Bangor Waste Oil Services Site in Plymouth, Maine. The Rule name is also changed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA § 1023-L; P.L. 200, Ch. 604 & 713.
PUBLIC HEARING: None scheduled unless requested by five (5) interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before July 14, 2000.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 10-148 - Department of Human Services; Department of Mental Health, Mental Retardation, and Substance Abuse Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 19, Rules Providing for the Licensing of Child Placing Agencies with and without Adoption Programs, addition of Home Certification Process.
PROPOSED RULE NUMBER: 2000-P108
CONCISE SUMMARY Child Placing Agencies will be allowed to certify homes to facilitate an expedient placement of a child into an adoptive home while legal impediments are being resolved. This process eliminates the need for Foster Care Licensing to also license the home which will eliminate dual oversight.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 8201-8205, 8206
PUBLIC HEARING: University of Maine at Augusta, Jewett Hall, Room 180, July 6, 2000, 9 a.m.- 12 p.m.
DEADLINE FOR COMMENTS: July 21, 2000
AGENCY CONTACT PERSON: Sandy Dearborn, Licensing Supervisor
AGENCY NAME: Community Services Center, Division of Licensing
ADDRESS: 221 State St., 11 State House Station, Augusta, ME 04333-0011
Telephone: 207-287-6942
TTY: 287-5048
E-mail:


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Expanding Medicaid to Cover Both Legal Parents of Children Under Age 18; an Increase in the Income Limit for Coverage of Pregnant Women: Cub Care Coverage of Children Under Age 1
PROPOSED RULE NUMBER: 2000-P109
CONCISE SUMMARY: This is an expansion of Medicaid to cover:
(1) both legal parents living with a child under age 18 if they meet income, asset and other requirements. Currently only single/disabled/unemployed parents are covered. The income limit for this group (as well as single/unemployed/disabled parents) is 150% of the federal poverty level ($1,769/month for a family of 3). This is a change from 100% of the federal poverty level.
(2) the income limit for pregnant women will be 200% of the federal poverty level ($1,392/month). This is a change from 185%.
Cub Care changes are as follows:
(1) children under 1 year of age can now be covered under Cub Care with the income limit of 200% of the federal poverty level,
(2) the monthly Cub Care premium for families with income between 185.1% and 200% of the federal poverty level ($2,182 / $2,359 for a family of 3) will increase to $20 for 1 child (up from $15) and to $40 for 2 or more children (up from $30).
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: July14, 2000.
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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2000-P110
CONCISE SUMMARY: This rule describes the responsibilities of excavators, underground facility operators, the damage prevention system (Dig Safe, Inc.), and the Public Utilities Commission in implementing Maine's underground facility damage prevention statute. The rule establishes notification, marking, and reporting procedures, defines violations and penalties, and describes the process by which the Public Utilities Commission will enforce the program and monitor its success.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 5 MRSA§ 8001 et seq., 23 MRSA § 3360-A, 35-A MRSA §§ 104, 111, and 1502
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 17, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - 2000 Federal Poverty Levels
ADOPTED RULE NUMBER: 2000-240
CONCISE SUMMARY: This rule puts into effect the 2000 Federal Poverty Level (FPL). The FPL's are 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.
EFFECTIVE DATE: June 7, 2000
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)


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