Skip Maine state header navigation

Agencies | Online Services | Help

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

July 25, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2001-P175
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its schedule of public hearings to consider regulation changes for the upcoming ice fishing and open water fishing seasons. These regulation changes are necessary to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of proposals to be heard at the below listed public hearing can be obtained from the Agency Contact Person listed below. This is the second in a series of notices to advertise upcoming public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS: August 16, 2001, Standish Municipal Office, Council Chambers, 175 Northeast Road (Rt. 35), Standish- 6:30 p.m.
DEADLINE FOR COMMENTS: September 14, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program (HEAP)
PROPOSED RULE NUMBER: 2001-P177
CONCISE SUMMARY: The Home Energy Assistance Program rule is being amended to: (i) allow a customer and a fuel vendor to enter into a payment plan for the purchase of home energy at a price other than the cash price, provided the plan is offered to customers to assist them with a lower cap price or otherwise manage the cost of home energy; (ii) change the date by which subgrantees must start taking applications for priority applicants and households with a direct heating cost to August 1 of each year; (iii) to shorten the time by which a subgrantee must certify or deny applications; and (iv) to clarify provisions of the rule.
THIS RULE WILL/WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(1)M, 4741(15) and 4991 et seq.
PUBLIC HEARING: Tuesday, August 14, 2001, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: Friday, August 24, 2001, 5.00 p.m.
AGENCY CONTACT PERSON: Peter Wintle, EHS Division Director
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) Benefit Increase
PROPOSED RULE NUMBER: 2001-P178
CONCISE SUMMARY: Beginning 10/1/01, this rule:
* increases the maximum TANF benefits by 5% of the maximum payments that were in effect, on January 1, 2001.
* adds a second income test to applicants.
* adjusts the maximum amounts that are collected for recoupment of overpaid benefits.
* adjusts the income charts and budget worksheets associated with the benefit increase and second income test.
THIS RULE WILL NOT X HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 24, 2001
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089
TTY (Deaf/Hard of Hearing): (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 519, Interim Effluent Limitation and Controls for the Discharge of Mercury
PROPOSED RULE NUMBER: 2001-P179
CONCISE SUMMARY: Originally passed in February 2000, Ch. 519 establishes procedures for setting of interim effluent limits and controls for the discharge of mercury to surface waters of the State. Consistent with provisions of law applicable at the time, Ch. 519 expires on October 1, 2001. A change in the law enacted by the 120th Legislature carries forward the need for interim control on mercury discharges beyond October 1, 2001. Consistent with the new law, an amendment to Ch. 519 is being proposed to remove the expiration date from the rule. A copy of the rule showing the proposed, revisions is available on the Department's homepage at www.maine.gov/dep/blwq/rule.htm.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 341-D and 413(11)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 24, 2001 Comments may be submitted by mail, fax, or e-mail as noted below. To ensure consideration, comments must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7788
FAX: (207) 287-7191
E-MAIL: dennis.1.merrill@maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.40, Green Crabs
PROPOSED RULE NUMBER: 2001-P180
CONCISE SUMMARY: A green crab license will. be required pursuant to 12 MRSA 6808, which became effective July 1, 2001. These proposed regulations would establish through the regular rule-making process emergency regulations that became effective July 6, 2001 to establish the trap design with limitations on the trap and mesh size, entrance port and escape panel sizes, buoy colors and marking, trap tagging requirements, harvest limitations including a three trap trawl limit, no fishing on Sundays or nights during the summer, no fishing of egg-bearing females, no by-catch and mandatory reporting requirements in compliance with 12 MRSA 6808 and 6810. Municipalities that participate with the Department under a shellfish management program are exempt from the license requirement, under 12 MRSA 6808(4). Towns are not exempt from the reporting requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6808, 6810, 6171, 6431-B & 5 MRSA 8052
PUBLIC HEARINGS:
Monday, August 13, 2001, 6:00 p.m., Univ. of Maine, 9 O'Brien Avenue, Science Building Lecture Hall Room 102, Machias, and
Tuesday, August 14, 2001, 6:00 p.m., DMR Conference Room, 200 McKown Point Road, West Boothbay Harbor.
DEADLINE FOR COMMENTS: Friday, August 24, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing). If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


ADOPTIONS

AGENCY: 05-071 - State Board of Education (Department of Education)
CHAPTER NUMBER AND TITLE: Ch. 60, New School Siting Approval
ADOPTED RULE NUMBER: 2001-256
CONCISE SUMMARY: This rule governs State Board of Education action in the siting of new school construction projects, not including additions to existing schools that receive state funding.
EFFECTIVE DATE: August 12, 2001
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director/Team Leader
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6840


AGENCY: 05-071 - Department of Education/State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Part I, Section 8.5 entitled "Targeted Need Certificate"
ADOPTED RULE NUMBER: 2001-257
CONCISE SUMMARY: Pursuant to statutory changes, the proposed rule reflects that applicants requiring a baccalaureate degree, who are not eligible for another teaching certificate, be granted a targeted needs certificate for a maximum of three years while they meet the requirements for a teaching certificate. The targeted needs certificate would replace the current waivers given to teachers.
EFFECTIVE DATE: August 12, 2001
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6603
TDD: (207) 624-6800


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.06, Vessel Ownership and Ch. 25.08 Lobster Trap Tag System
ADOPTED RULE NUMBER: 2001-258
CONCISE SUMMARY: The Department has adopted changes to these regulations as a means of enforcing the boat trap limit by requiring applicants to declare up to two registered vessels from which trap tags will be used and subsequently limiting the number of trap tags issued to individuals for a declared vessel by the Department. The adopted changes clarify that although trap tags are issued to the lobster license holder, at the time of license issuance or renewal the license holder must declare a registered vessel from which those tags will be used. The Commissioner may limit the number of trap tags issued for a declared vessel based on the boat trap limit pursuant to12 MRSA 6431-A. The rule also allows for an exemption from these provisions under certain circumstances that must be approved by the Commissioner and does not apply to non-commercial license holders issued a license under 12 MRSA 6421(2-A) and 6421(3-A)(F).

CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2001-2002
ADOPTED RULE NUMBER: 2001-259
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171 -A and 6749-W, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone I and Zone 2 for 2001-2002. The number of days in the season is reduced from 110 to 94. This reduction is intended to be part of a targeted 25% reduction in landings and was recommended by the Sea Urchin Zone Council.

CHAPTER NUMBER AND TITLE: Ch. 26.02, Sea Urchin Minimum Size and Tolerance
ADOPTED RULE NUMBER: 2001-260
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, this regulation increases the minimum size from 2 inches to 2 and 1/16th inches. This reduction is intended to be part of a targeted 25% reduction in landings and was recommended by the Sea Urchin Zone Council.

CHAPTER NUMBER AND TITLE: Ch. 26.03, Sea Urchin Maximum Size and Tolerance
ADOPTED RULE NUMBER: 2001-261
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, this regulation decreases the maximum size from 3 1/2 inches to 3 inches. This measure replaces the incremental reductions scheduled for July 1, 2001 and June 20, 2002 to 3 1/4 inches. The reduced maximum size is intended to be part of a targeted 25% reduction in landings and was recommended by the Sea Urchin Zone Council.

EFFECTIVE DATE: July 21, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 145, NOx Control Program
ADOPTED RULE NUMBER: 2001-262
CONCISE SUMMARY: This new rule 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 rule 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 to meet a 0.22 lb./mm 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 rule also establishes provisions for an alternative emission limitation 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 must apply to the Board before the January 1, 2005 final emission limitation deadline, and has the burden of proof in demonstrating that achieving the final emission limitations is technically infeasible.
EFFECTIVE DATE: July 22, 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: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 501, Amendment 6: Kim Wallace Adaptive Equipment Loan Program Fund Board Rule
ADOPTED RULE NUMBER: 2001-268
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.
EFFECTIVE DATE: July 23, 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


Return to the Online Rules Home Page.
Return to the APA Office Page.
Return to the Bureau of Corporations, Elections and Commissions Home Page.
Return to the Department of the Secretary of State Home Page.
Go to the State of Maine Home Page