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August 6, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

Proposals
AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
New Chapter 1 - Definitions
New Chapter 2 - General Information
New Chapter 3 - Licensure Requirements
New Chapter 4 - Examination Requirements
New Chapter 5 - Variable License
New Chapter 6 - Fees
New Chapter 7 - Adoption of Standards and Rules
New Chapter 8 - Modification of Standards
New Chapter 9 - Installation of Oil Burning Equipment
New Chapter 10 - Installation of Solid Fuel Burning Equipment
New Chapter 11 - Chimneys
New Chapter 12 - Installation of Oil Fired Equipment in Repair, Parking and Residential Garages
New Chapter 13 - Installation of Waste Oil Appliances and Waste Oil Supply Tanks
New Chapter 14 - Complaints, Investigations and Adjudicatory Hearings
Repeal Chapter 110 - Licensing Provisions
Repeal Chapter 120 - Modification of Standards
Repeal Chapter 130 - The Registration of Manufacturers and Importers of Equipment
Repeal Chapter 140 - Standards for the Installation of Oil Burning Equipment
Repeal Chapter 150 - Other Equipment Specifications and Standards
Repeal Chapter 160 - Standards for the Installation of Solid Fuel Burning Equipment
Repeal Chapter 170 - Special Conditions for Installation of Oil Fired Equipment in Parking, Repair & Residential Garages
Repeal Chapter 180 - Safety Controls
Repeal Chapter 190 - Enforcement and Disciplinary Procedures
Repeal Chapter 200 - Rules of Practice
PROPOSED RULE NUMBER: 97-P127
CONCISE SUMMARY: These proposed rules will clarify wording of the law and further clarify statutory definitions. These rules establish guidelines relating to meetings, advisory rulings, and maintenance of records. These proposed rules sets forth the requirements for licensure for Apprentices, Journeyman and Masters and examination requirements for Journeyman and Masters. These proposed rules sets forth standards to be adopted by the Board for the installation of any oil and solid fuel burning equipment, chimneys, fireplaces and vents. These rules allow the Board to authorize modifications to installation under unusual circumstances. These proposed rules set forth the guidelines for the installation of oil burning equipment, solid fuel burning equipment, and chimneys. These rules set forth the proper installation and location of oil burning equipment in repair, parking and residential garages. These proposed rules describe the procedure by which complaints and adjudicatory hearings will be handled by the Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 32 M.R.S.A. 2353
PUBLIC HEARING: Thursday, August 28, 1997, 9:00 a.m., Central Conference Room, Gardiner Annex, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 8, 1997
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Herring Management Plan (Chapter 36)
PROPOSED RULE NUMBER: 97-P150
CONCISE SUMMARY: The Department of Marine Resources is proposing changes to existing regulations affecting the fishery for Atlantic herring in Gulf of Maine coastal waters which will make the procedure for implementing the spawning closure currently in effect south of 43 32' N latitude consistent with the spawning closure procedure north of 43 32' N latitude.
THIS RULE WILL NOT X HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 4,1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

AGENCY: 09-137 - Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Open Water and Ice Fishing Regulations (Chapter 1)
PROPOSED RULE NUMBER: 97-P151
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is beginning its biennial schedule of public hearings to consider changes for the 1997-1999 ice fishing and the 1998 and 1999 open water fishing regulations needed 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 hearings may be obtained from the Agency Contact Person listed below. This is the second in a series of notices to advertise public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 M.R.S.A 7035
PUBLIC HEARINGS:
August 26, 1997 - Rangeley High School, Loon Lake Rd, Rangeley, Maine - 7:00 p.m.
August 27, 19 9 7 - Windham/Gorham Rod & Gun Club, Towpath Road, Windham, Maine - 7:00 p.m.
DEADLINE FOR COMMENTS: September 26,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Chapter 130: Solvent Cleaners
PROPOSED RULE NUMBER: 97-P152
CONCISE SUMMARY: The rule has been extensively reorganized to make it more clear. Exemptions have been added for solvent cleaning machines (= Cleaners) that use 2 gallons or less of solvent or use solvents containing less than 5% by weight of VOCS. There are reduced requirements for Cleaner systems that use remote reservoirs. The proposed rule slightly extends the EPA rule which regulated metal degreasing machines to include regulation of other substrates (e.g. plastic, electronic components) if they are cleaned in a solvent cleaner. EPA's new Maximum Achievable Control Technology (MACT) rule requires regulation of all substrates where the 6 Hazardous air Pollutant (HAP) solvents are used. Section 7 incorporates EPA's new MACT rule for controlling halogenated Hazardous Air Pollutant emissions from six VOC containing solvents (methylene chloride, perchloroethylene, trichloroethylene, trichloroethane, carbon tetrachloride and chloroform.) This part of the rule is required by the CAAA and is incorporated into Maine's rule by reference. In addition, the Board solicits testimony on:
* Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Human Services;
* The extent to which the public is exposed to the HAPS:
* The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions of the HAPS; and
* Any other information that would assist the Board in establishing standards adequate to protect the public health and safety.
THIS RULE WILL (?) HAVE A FISCAL IMPACT ON MUNICIPALITIES: It would be a small impact at most because municipalities use small Cleaners or none.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-C; (Federal Clean Air Act, Section 110)
PUBLIC HEARING: 27 August 1997. 10 am, Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: 10 September 1997
AGENCY CONTACT PERSON: Donald L. Anderson
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333--017
TELEPHONE: (207) 287-2437

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Regulations Governing the Licensing and Functioning of Hospice Programs (Chapter 120)
PROPOSED RULE NUMBER: 97-P153
CONCISE SUMMARY: The proposed regulation, Chapter 5-G.10. provides clarification of the minimum training requirement of eighteen (18) hours and Chapter 5.G.11 specifies that all hospice direct services providers, including per them and contract services personnel must have four (4) hours of hospice orientation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 2141 et seq.
PUBLIC HEARING: No Public Hearing unless five (5) or more requests are received by the Division of Licensing and Certification.
DEADLINE FOR COMMENTS: September 5, 1997
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual, Chapters II and III, Section 68, "Occupational Therapy Services."
PROPOSED RULE NUMBER: 97-P154
CONCISE SUMMARY: The proposed rule adds coverage of Certified Occupational Therapist Assistants (COTAs), supplies necessary for the provision of occupational therapy services, and clarifies service limits. The coverage of COTAs is proposed to be effective with services provided on or after April 1, 1997.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: 9:00 A.M., August 26, 1997, Policy Conference Room, Bureau of Medical Services, 35 Anthony Avenue, Augusta, ME 04330
DEADLINE FOR COMMENTS: September 10, 1997
AGENCY CONTACT PERSON: Peter J. Ezzy , Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5514


Adoptions
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #301 Food Stamp Manual
ADOPTED RULE NUMBER: 97-255
CONCISE SUMMARY:
* corrects and adds to the list of qualified aliens
* corrects the age limit for Able-Bodied Adults Without Dependent Children and clarifies how the three month extension may be obtained
* corrects a date regarding drug felony convictions and clarifies the length of certain disqualification periods
* adds another exclusion to JTPA and Americorps income
* clarifies that any case with earned income cannot be certified for more than three months.
EFFECTIVE DATE: August 1, 1997
AGENCY CONTACT PERSON: Peter McCarron, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3097
TTY: (207) 287-6948

AGENCY: 29-250 - Secretary of State - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 157 The Administration of Overdimension an Overweight Permits
ADOPTED RULE NUMBER: 97-256
CONCISE SUMMARY: The purpose of this rulemaking is to allow, under police escort, the movement of oversize vehicles during night hours when movement during daylight hours present a greater risk to public safety and for the rule to conform to the statute allowing any police to escort loads.
EFFECTIVE DATE: August 3, 1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: 207.287.8633

AGENCY: 01-001 - Department Of Agriculture, Food & Rural Resources; and 01-015, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Chapter #62, General Fund Money Distributed To Maine Dairy Farmers
ADOPTED RULE NUMBER: 97-257 and 97-258
CONCISE SUMMARY: Money appropriated from the General Fund to the Maine Milk Commission will be distributed through the Milk Pool to producers on an equal hundredweight basis.
EFFECTIVE DATE:: July 10, 1997
AGENCY CONTACT PERSON:
NAME:
John H. Richards, Deputy Commissioner, Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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