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Weekly Rulemaking Notices Contact Us Find It

July 24, 2002
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 OR SUBJECT: Ch. 425, Asbestos Management Regulations
PROPOSED RULE NUMBER: 2002-P190
CONCISE SUMMARY: This proposed rule proposes to revise existing standards for proper asbestos management in Maine. The rule replaces the current Ch. 425 asbestos rule. This proposed rule revises standards for notification of asbestos projects, training and certification of individuals engaged in asbestos activities, licensing of companies engaged in asbestos removal, analysis, consulting and training, and work practices requirements. Other proposed revisions are intended to clarify certain requirements of the rule.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities, like all other building owners that may renovate or demolish buildings, are subject to this rule and will be impacted financially both positively and negatively with respect to the proposed rules.
STATUTORY AUTHORITY: 38 MRSA Ch. 12-A, 1271 et seq.
PUBLIC HEARING: August 15, 2002 at 3 p.m. at the Ground Round, Augusta Maine
DEADLINE FOR COMMENTS: Comments must be received by 5:00 p.m. August 31, 2002 by the agency contact person listed below. These comments may be submitted by mail at the address below, by fax at (207) 287-7826 or by email at Ed.W.Antz(@maine.gov.
AGENCY CONTACT PERSON: Ed Antz
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: #17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7829


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OF SUBJECT: Universal Waste Rule
PROPOSED RULE NUMBER: 2002-P191
CONCISE SUMMARY: This rule adds two additional waste streams to the list of universal waste. The rule tailors the requirements specifically to the type of waste and is designed to remove these wastes from mismanagement scenarios typically used for their disposal. The new waste types included in the rule are mercury devices and motor vehicle switches. In addition minor changes are made to the base universal waste rule and an abbreviated permit category is added for electronic demanufacturing facilities. These types of facilities dismantle into their subcomponents old computers and TV's.
It is the Department's intent to limit this rulemaking to those sections that pertain to the universal waste rule changes. Specifically the following sections are the subject of this rulemaking:
Ch. 850, 3A(13)(a)(v-xiii); (b) (iii-v); (d); (e) (xiii-xvi); (xxii-xxvii); (f)(iv);(g)(ii); (i); (14); Ch. 853, 1OB; 11H; and Ch. 856, 11A (13). We plan to undertake rulemaking on a much larger portion of the hazardous waste management rules at a later date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALTIES. Municipalities are currently required to manage these wastes as hazardous wastes. These rules are expected to make it cheaper for municipalities to manage these wastes.
STATUTORY AUTHORITY: 38 MRSA 1301 et seq.; 38 MRSA 1665-A(8); P.L. 2001 c. 373 Section 8
PUBLIC HEARING: August 15, 2002, at 1:00 p.m. at the Ground Round, Augusta.
DEADLINE FOR COMMENTS: Comments must be received by 5:00 p.m. August 26, 2002 by the agency contact person listed below. These comments may be submitted by mail at the address below, by fax at (207) 287-7826 or by e-mail at Stacy.A.Ladner@maine.gov
AGENCY CONTACT PERSON: Stacy Ladner
AGENCY NAME: Department of Environmental Protection, Maine
ADDRESS: State House Station #17, Augusta, ME 04333-0017


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 67, Principles of Reimbursement for Nursing Facility Services
PROPOSED RULE NUMBER: 2002-P192
CONCISE SUMMARY: This proposed rule is necessary to meet the curtailment of allotment in the MaineCare program as required by the Governor's July 1, 2002 Executive Order Curtailing Allotments. This proposed rule gives the Commissioner of the Department of Human Services the authority to make cost of living adjustments in calculating reimbursement rates for MaineCare nursing facilities. This rule has been adopted as an emergency rule effective July 1, 2002.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: August 14, 2002
Location: Department of Human Services, Conference Room # 3, 442 Civic Center Drive, Augusta, Maine 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 1, 2002.
DEADLINE FOR COMMENTS: August 26, 2002
AGENCY CONTACT PERSON: Debra Couture
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
FAX: (207) 287-9263
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 2002-P193
CONCISE SUMMARY: The content of the proposed rules corrects omissions/makes clarifications from prior rules changes, and increases the ASPIRE-TANF Program's ability to work efficiently and effectively with TANF recipients, especially those with multiple barriers to employment, through the provision of necessary services, such as those available from community organizations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING): None, unless requested by 5 or more people
DEADLINE FOR COMMENTS: August 23, 2002
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: State House Station # 11, Whitten Road, Augusta, Maine 04333
TELEPHONE: (207) 287-3309 / 1 (800) 442-6003
FAX NUMBER: (207) 287-5096
TTY: (207) 287-6948


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 204, Basic Service Calling Area
PROPOSED RULE NUMBER: 2002-P194
CONCISE SUMMARY: This chapter establishes the criteria and the procedures that the Commission and Local Exchange Carriers designated as Eligible Telecommunications Carriers will follow to establish and change basic service calling areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA. 104, 111, and 7303-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August, 26, 2002
AGENCY CONTACT PERSON: Paula Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-6074


AGENCY: 02 - Department of Professional & Financial Regulation:
029 - Bureau of Financial Institutions
032 - Office of Securities

RULE TITLE OR SUBJECT:
Bureau of Financial Institutions, Ch. 129 (Regulation 29)
Office of Securities, Ch. 506
Financial Institutions and Broker-Dealers Engaging in Third Party Brokerage Arrangements (joint rule)
PROPOSED RULE NUMBER: 2002-P195
CONCISE SUNIMARY: This regulation repeals and replaces both the Bureau of Financial Institution's Regulation 29 and the Office of Securities Rule 506. It gives direction to broker-dealers and financial institutions who wish to enter into third party brokerage arrangements for the sale of securities in Maine. Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Financial Institutions Internet Home Page at http://www.MaineBankingReg.org or the Office of Securities at http://www.MaineSecuritiesReg.org.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-B MRSA 111 and 241; 32 MRSA 10703
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 23, 2002
AGENCY CONTACT PERSONS:
NAME: Robert Studley, Principal Examiner
ADDRESS: Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8573
Christine Bruenn, Securities Administrator, Office of Securities, 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 355, Sand Dune Rules
PROPOSED RULE NUMBER: 2002-P196
CONCISE SUMMARY: The department is proposing amendments to Ch. 355, Sand Dune Rules. The proposed amendments would: 1) increase its comprehension by the public, municipal officials and the regulated community, principally through reformatting of the rules; 2) remove and/or clarify a number of statutory and regulatory exemptions; and 3) amend a number of definitions to improve the clarity of the rules. The department has included provisions to require that all new and reconstructed buildings in frontal dune areas and unstable back dune areas be elevated on posts or piles to allow for the free flow of water and sand. The department has also included new sections that would allow for new construction in frontal dune areas.
The first new section, Section 6(B)(5), would allow an applicant to apply for the construction of a building in a frontal dune subject to meeting specific siting and construction criteria. The rules would limit the ability to apply for a permit to only those vacant lots located in developed sand dune systems that have residential buildings located on either side. The second new section, Section 8, addresses all other vacant lots in frontal dunes and is specifically worded to address the issue of the taking of private property without compensation. The Board of Environmental Protection would have the sole authority to consider variances under this section.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(l)
PUBLIC HEARING: Wednesday, August 14, 2002, at 1:30 Wells High School, Auditorium Sanford Road, Wells, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on August 28, 2002. Comments may be submitted by mail at the address below, by fax at (207) 287 7191 or by e-mail
to Jeff.G.Madore@maine.gov
AGENCY CONTACT PERSON: Jeff Madore
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land and Water Quality, 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7848


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE:
Ch. 2.90, Limited Purpose Aquaculture licenses
Ch. 2.05, Definitions
ADOPTED RULE NUMBER: 2002-263
CONCISE SUMMARY: These adopted regulations establish the guidelines for the issuance of a limited-purpose aquaculture (LPA) license in accordance with 12 MRSA 6072-C that became effective August 11, 2000. An LPA license expires at the end of each calendar year and a single individual may obtain up to 4 licenses per year at $50.00 per license. The issuance of LPA licenses are limited to licenses for the cultivation of oysters, quahogs, blue mussels, hen clams and soft shell clams. Applications require information on the shellfish source, applicable permits for shellfish movement, site plan information showing that the total area of the site does not exceed the statutory 400 square foot limit; gear type(s); certified notification of riparians within 300 feet and a town official's signature.

CHAPTER NUMBER AND TITLE: Ch. 25.04, Lobster Trawl Limits on Casco Bay (clerical correction)
ADOPTED RULE NUMBER: 2002-264
CONCISE SUMMARY: The buoy number has been removed as a clerical correction in Ch. 25.04 that describes a fishing area using a reference to the "Green Island Ledge Buoy". The US Coast Guard has recently changed that navigation buoy's "N-4" designation number to "N-10", which is located due southeasterly of Parker Point, Yarmouth in Casco Bay.

CHAPTER NUMBER AND TITLE: Ch. 25.96, Lobster Apprentice Program
ADOPTED RULE NUMBER: 2002-265
CONCISE SUMMARY: The Department of Marine Resources has adopted changes and updates to Ch. 25.96, the Lobster Apprentice Program. The amendments direct that a student or apprentice shall be removed from a waiting list for a class I, II or III lobster and crab license for a limited-entry zone following suspension for a violation of a marine resources law and reinstated at the bottom of the waiting list following notification to the Department of eligibility for a license upon completion of the suspension. The new amendments also limits the number of logged days working on land (gear or repair days) to 20% or 40 total days of the required 200 documented fishing days, excluding boat repairs; removes sections of old rule language that pertained to waivers and exceptions that are no longer in effect by repealed laws; replaces "log books" with the term "log sheets" to reduce redundancy in the forms and in turn reduce mailing costs to both the apprentice/students and the agency; requires log entries to document the zone district where the apprentice/student fished; and updates information on where to obtain log sheets that are now available from the Department's web site.

CHAPTER NUMBER AND TITLE: Ch. 34, Maine Groundfish Management Plan:
Ch. 34.10(1)(A)(2,4,5,6)
Ch. 34.10(1)(B)(1)(a);
Ch. 34.10(1)(B)(2)(a) and (c)(ii);
Ch. 34.10(1)(C)(1-3)

ADOPTED RULE NUMBER: 2002-266
CONCISE SUMMARY: These adopted regulations are deemed necessary to complement and support the Court ordered remedy entered by the United States District Court for the District of Columbia on April 26, 2002, in connection with the lawsuit filed in Conservation Law Foundation v. Evans, the reversal issued May 23, 2002 and federal regulations effective as of June 1, 2002. The Court's remedy in the above case requires the implementation, by NMFS, of a comprehensive suite of management measures intended to significantly reduce fishing mortality and bycatch, applies in federal waters to the limits of the Exclusive Economic Zone (EEZ). The proposed measures in Maine's territorial waters are intended for consistency with the federal regulations and include a cod end mesh size increase to 6.5 inches; gear sizes and limits; mesh measurement methods that pertain to vessels greater or less than 45 feet in length overall; commercial fishing rules on cod size that increases to 22 inches; recreational fishing of cod and haddock increases in size to 23 inches (haddock effective August 1st in agreement with the Court Remedy date); recreational possession limits of cod and haddock, split into two seasons April 1 - November 30 (10 cod and/or haddock per person per vessel) and December 1 - March 31 (10 cod and/or haddock with no more than 5 cod maximum per person per vessel); and a commercial vessel limit of 500 pounds of cod per day.

EFFECTIVE DATE: July 22, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9684


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