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September 29, 1999
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: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Amendments to Ch. 31, Certification and Licensing Provisions/Commercial Applicators, and Ch. 35, Certification and Licensing Provisions/Spray Contracting Firms
PROPOSED RULE NUMBER: 99-P197
CONCISE SUMMARY: The Board is proposing a housekeeping amendment to extend the renewal period for commercial applicators and spray contracting firms from one year to two. This action is being taken to reduce a heavy workload for Board staff and also reduce the paperwork burden for these two groups of licensees. License fees will remain the same but will be assessed on a two year basis. The Board is also proposing to clarify the definition of "under the direct supervision of a certified applicator" so that the licensed person on site must maintain visual and voice contact with all unlicensed employees involved in a pesticide application.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. 8051 et seq. and 22 M.R.S.A., 1471-D
PUBLIC HEARING:
Thursday, October 21, 1999 at 9:30 a.m., Lecture Room, Bangor Civic Center, Bass Park, Bangor
Friday, October 22, 1999 at 9:30 a.m., Cumberland Room, Verrillos, 155 Riverside Street, Portland
DEADLINE FOR COMMENTS: 4:00 p.m., November 8, 1999
AGENCY CONTACT PERSON: Gary D. Fish.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
FAX: 207-287- 7548
E-MAIL: gary.fish@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 519, Interim Effluent Limitations and Controls for the Discharge of Mercury
PROPOSED RULE NUMBER: 99-P198
CONCISE SUMMARY: This rule establishes controls on the discharge of mercury to the surface waters of the State through interim effluent limits and implementation of pollution prevention plans. It sets testing requirements for certain licensees and procedures the Department will use to evaluate test results in order to calculate interim effluent limits. The rule also contains requirements for continued testing necessary to determine compliance with effluent limits. The rule will expire on October 1, 2001.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 420, and Chapter 500, Public Laws of 1999.
PUBLIC HEARING: October 21, 1999, 1:00 p.m. at the Augusta Hotel, 390 Western Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: November 1, 1999
AGENCY CONTACT PERSON: Dennis Merrill AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: dennis.i.merrill@maine.gov


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 124, Total Reduced Sulfur Control from Kraft Pulp Mills
PROPOSED RULE NUMBER: 99-P199
CONCISE SUMMARY: The Department is proposing to repeal the existing Chapter 124 and replace it with a new version that incorporates federally required controls which will reduce total reduced sulfur (TRS) emissions from kraft paper mills. Chapter 124 will be updated to include controls for TRS sources such as brownstock washers, steam strippers, and waste water treatment plants. TRS compounds are extremely odorous and are responsible for the characteristic odor surrounding kraft pulp mills. Other amendments to this rule include changes to the TRS venting allowances, recordkeeping and reporting. A hearing was held on May 26, 1999 at which time the Board received many comments on the rule. As a result, significant changes were made to the rule. This requires the rule to be posted to a 30-day comment period. Copies of this rule 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, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or 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: No hearing will be held; comments are requested.
DEADLINE FOR COMMENTS: October 29, 1999 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control Department of Environmental Protection
ADDRESS: 17 State House Station Augusta, ME 04333
TELEPHONE: 207-287-24317


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police, State Bureau of Identification
RULE TITLE OR SUBJECT: Ch. 14, Rules Relating to the Sex Offender Registration and Notification Act of 1999.
PROPOSED RULE NUMBER: 99-P200
CONCISE SUMMARY: This rule describes the photograph that a Sex Offender or Sexually Violent Predator needs to submit to the Maine State Police, State Bureau of identification for the maintenance of the sex offender registry. It requires that a Passport Photograph, described as a full faced, chest up, unmounted color photograph not larger than 2 3/4 x 2 1/2 inches, be submitted. The photograph will have a white or off-white background with a space showing above person's head. The photograph must have been taken not more than six (6) months prior to submission.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Sec.2. 34-A MRSA c. 15 11221
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 29, 1999
AGENCY CONTACT PERSON: Lt. Jackie M. Theriault
AGENCY NAME: Maine State Police, State Bureau of Identification
ADDRESS: 42 State House Station Augusta, ME 04333-0042
TELEPHONE: (207) 624-7097


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 13, Targeted Case Management Services.
PROPOSED RULE NUMBER: 99-P201
CONCISE SUMMARY: These rule changes allow three levels of targeted case management services, provided through the Department of Mental Health, Mental Retardation and Substance Abuse Services, for mental health and mental retardation to children and adolescents ages birth through 17 years of age to be reimbursed under one Section. Additional changes were made to allow other providers access to already existing sections and the Bureau of Child and Family Services the ability to contract for case management services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: 9 a.m., October 19, 19991st Floor Conference Room, Department of Human Services, 35 Anthony Avenue, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 1, 1999
AGENCY CONTACT PERSON: Gregory Nadeau, Health Planner
AGENCY NAME: Division of Policy and Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 624-5515 or 1-800-321-5557 option 1
TTY 1-800-423-4331 (Deaf/Hard of Hearing) or 287-3094 (Deaf/Hard of Hearing)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 608, Tuition Waiver Program (Amendment 1)
PROPOSED RULE NUMBER: 99-P202
CONCISE SUMMARY: Amendment 1 incorporated changes to the program required by P.L. 1997, ch. 160 by expanding the definition of law enforcement officer and adding spouses of firefighters and law enforcement personnel killed in the line of duty as eligible for waivers under the program. The Amendment also incorporates changes required by P.L. 1999, ch. 505 and 216 by adding children and spouses of emergency medical services personnel killed in the line of duty and certain foster children (with additional limitations) as eligible under the program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 12551-12554
PUBLIC HEARING: October 21, 1999; Capital Room, Comfort Inn/Sally's Steakhouse, 281 Civic Center Drive, Augusta, Maine, beginning at 11:00 a.m.
DEADLINE FOR COMMENTS: Written comments are requested on or before October 21, 1999, but will be accepted on or before November 1, 1999. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority Of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Rule Ch. 830, Valuation of Life Insurance Policies
PROPOSED RULE NUMBER: 99-P203
CONCISE SUMMARY: This proposed rule provides tables of select mortality factors for use in valuing life insurance reserves. It also sets forth methodology for valuing reserves on policies with nonlevel premiums or benefits or with secondary guarantees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 953, and 957-A
PUBLIC HEARING: October 22, 1999, 1:00 p.m., Kennebec Room, Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: November 1, 1999, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-11
PROPOSED RULE NUMBER: 99-P204
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Section 2954 and 5 MRSA Section 8054
PUBLIC HEARING: 9:00 a.m., October 14, 1999, Department of Agriculture, Food and Rural Resources, Room 336, Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 14, 1999
AGENCY CONTACT PERSON: Shelley F. Doak, Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: 207/287-3741


ADOPTIONS

AGENCY: 02-344 - Office of Licensing & Registration, Department of Professional & Financial Regulation, State Board of Licensing of Dietetic Practice
CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Licensing of Dietetic Practice
ADOPTED RULE NUMBER: 99-383
CONCISE SUMMARY: This partial amendment of existing rule increases the Original and Renewal fees for Dietitians and Dietetic Technicians to $140 annually. In addition, the partial amendment revises the renewal period from "biennial" to "annual", and the renewal date from September 30 to December 31. Finally, partial amendments to the Continuing Education requirement are being made in order to comport with the annualization of renewal dates.
EFFECTIVE DATE: September 21, 1999
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 10, Clams and Quahogs, 10.04, Quahog Size Restrictions
ADOPTED RULE NUMBER: 99-384
CONCISE SUMMARY: The adopted rules establish a minimum quahog size of one inch measured across the hinge width for all harvesters. Those portions of Chapter 10 enacted prior to 1979 have been repromulgated to insure compliance with the Administrative Procedure Act. In addition, technical corrections were made throughout the chapter.
EFFECTIVE DATE: September 25, 1999
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - FDA's
ADOPTED RULE NUMBER: 99-390
CONCISE SUMMARY: The first $10,000 of Family Development Accounts set up to be used for certain specific purposes and any accrued interest in the account are excluded from consideration in determining eligibility or benefit level for TANF.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. 3, Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 99-391
CONCISE SUMMARY: The final rule revises the methodology for setting rates paid to nursing homes for services provided on or after 7/1/99, unless otherwise noted in the policy. This rule adds language concerning lease arrangements between individuals or organizations not related by common control or ownership; and includes language related to the one-time supplemental payment to nursing facilities for the purpose of addressing the problem of recruitment and retention of non-administrative staff.
EFFECTIVE DATE: September 26, 1999
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst
AGENCY NAME: Division of Financial Services
ADDRESS: Bureau of Medical Services, 249 Western Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
TTY (207) 287-1828


AGENCY: 94-457 - Small Enterprise Growth Board (administered by the Finance Authority of Maine)
RULE TITLE OR SUBJECT: Ch. 701, Small Enterprise Growth Program
ADOPTED RULE NUMBER: 99-392
CONCISE SUMMARY: The rule amendment implements P.L. 1999; Chapter 504. It expands the definition of eligible businesses to include businesses with sale of up to $5,000,000 or less than 50 employees, and increases the Board's maximum investment in any small business to $500,000. This amendment allows the Board to make equity investments and to allow matching funds which are at risk in the business for the same term as the Board's investment. The amendment requires that an applicant submit projected financial statements with its application. The amendment also changes the word "borrower" to "recipient" and makes similar nonsubstantive changes to reflect that the Board is making an investment in a small business, rather than making a loan.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON:
Elizabeth L. Bordowitz, Counsel, Small Enterprise Growth Board, c/o Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species (8.05 Essential Habitat for Species Designated as Endangered or Threatened)
ADOPTED RULE NUMBER: 99-393
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule, making additions to areas protected as bald eagle nest sites; and deletion of previously designated Essential Habitats for bald eagles; designating areas protected as piping plover and least tern nesting, feeding and brood-rearing areas; and designating areas protected as roseate tern nesting areas, in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Chapter 8.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Mark Stadler, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5252.


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