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October 6, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 123, Paper Coating Regulation (Amendments)
PROPOSED RULE NUMBER: 99-P205
CONCISE SUMMARY: This regulation establishes requirements for testing, evaluating and limiting volatile organic compound (VOC) emissions from paper coating operations. Chapter 123 currently requires all subject sources to keep daily records of their coatings use, even if they are utilizing low solvent coating technology. The Department is proposing to amend this regulation by changing the recordkeeping requirements for sources utilizing low solvent coating technology from a daily to a monthly basis, thereby clarifying and simplifying recordkeeping and compliance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PUBLIC HEARING: November 4, 1999, 1:00 p.m., Holiday Inn, Augusta
DEADLINE FOR COMMENTS: November 19, 1999
AGENCY CONTACT PERSON: Jeffrey S. Crawford
AGENCY NAME: Department of Environmental Protection, Bureau of Air Quality Control
ADDRESS: State House, Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 24, Salmon Racks Prohibited
PROPOSED RULE NUMBER: 99-P206
CONCISE SUMMARY: The Department of Marine Resources is proposing to prohibit the use of salmonid species for bait or any other use in coastal waters. The purpose of this rule is to prevent the spread of any potential infectious diseases to cultured or wild salmonids or to any other marine organism. Commercially prepared salmon eggs that have been processed and are typically used for bait by recreational fishermen would be exempt from this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6071
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, November 5, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 322, Metering, Billing, Collections, and Enrollment Interactions among Transmission and Distribution Utilities and Competitive Electricity Providers
PROPOSED RULE NUMBER: 99-P207
CONCISE SUMMARY, Through this Notice, we initiate a rulemaking to amend certain portions of Chapter 322, the rule that governs interactions among transmission and distribution utilities (T&D utilities) and competitive electricity providers (CEPs).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 1301, 3202 (l) and (2), 3203 (9), (14) and (16-A)
PUBLIC HEARING: October 28, 1999 at 2:00 p.m. in the Horace Libby Hearing Room, Public Utilities Commission, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 12, 1999. Supplemental comments may be filed after the hearing.
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: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 33, Rules Governing the Agricultural Development Grant Program
PROPOSED RULE NUMBER: 99-394
CONCISE SUMMARY: The 119th legislature authorized the initiation of an agricultural grant program. The purpose of the program is to encourage development of new and expanded markets for agricultural products and adoption of new technology. This rule is being developed to establish the criteria for the allocation of grant money, application requirements consistent with the law, a schedule for accepting and reviewing applications, reporting requirements on grant expenditures and project results and other administrative procedures necessary for the efficient implementation of the fund and grant program. In addition, it repeals Chapter 90 and Chapter 171 rules whose programs were repealed under P.L. 1999, c. 72.
EFFECTIVE DATE: September 29, 1999
AGENCY CONTACT PERSON:
AGENCY NAME: Howard Jones, Director, Division of Market and Production Development
ADDRESS: 28 State House Station Augusta, Maine 04333
TELEPHONE: (207) 287-3491


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 111, Petroleum Liquid Storage Vapor Control
ADOPTED RULE NUMBER: 99-395
CONCISE SUMMARY: On August 19, 1999 the Board of Environmental Protection adopted amendments to Chapter 111, Petroleum Liquid Storage Vapor Control. This rule requires bulk terminal petroleum storage vessels to be inspected every ten years with a routine visual inspection required monthly. Emptying and degassing storage tanks is prohibited on days the Department issues an ozone health warning advisory beginning January 1, 2000 and between June 1 and August 31 each year beginning January 1, 2004. Decreasing the inspection frequency from annually to a minimum of once every ten years reduces the overall volatile organic compound (VOCs) emissions emitted from this activity. VOCs contribute to the formation of ground-level ozone.
EFFECTIVE DATE: September 29, 1999
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, Me 04333
TELEPHONE: 207-287-2437


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-10
ADOPTED RULE NUMBER: 99-396
CONCISE SUMMARY: Minimum October, 1999 producer Class I set at $19.29. Class III minimums set at $15.89. These changes were passed on in minimum prices.
EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON:
NAME: Shelley F. Doak, Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-039 - Department of Professional & Financial Regulation, Real Estate Commission
CHAPTER NUMBERS AND TITLES:
Ch. 300, General Information;
Ch. 330, Minimum Standards of Practice;
Ch. 350, Adjudicatory Hearings;
Ch. 360, Prerequisites to Licensure by Individuals;
Ch. 380, Fees
ADOPTED RULE NUMBER: 99-404 through 99-408
CONCISE SUMMARY: The amendment to Chapter 300 allows the Commission to meet as needed without violating its own rule to meet every month. The amendment to Chapter 330 replaces the current mandatory agency disclosure form with a new agency relationships form and amends the requirements regarding presentation of the form, in addition to clarifying the type of property disclosure information that is to be obtained and presented for various types of property. The amendment to Chapter 350 makes one section gender neutral, and repeals from the list of parties to a Commission hearing a person aggrieved by the Director's decision to dismiss a complaint, consistent with the statutory change to 32 M.R.S.A. 13066. The amendment to Chapter 360 defines "degree program" and specifies the time period for completion of educational requirements and submission of applications for the broker and associate broker licenses. In addition, the amendments to Chapter 360 and Chapter 380 repeal the references to the qualifications, examination, and biennial license fee for timeshare agents consistent with the statutory change to 32 M.R.S.A. 13201.
EFFECTIVE DATE: October 4, 1999
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Director
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 94-591 - Motor Carrier Review Board
CHAPTER NUMBER AND TITLE: Ch. 2, Selection Process
ADOPTED RULE NUMBER: 99-409
CONCISE SUMMARY: This Chapter contains the revised selection process and the individual violation ratings of the Maine Motor Carrier Review Board.
EFFECTIVE DATE: October 4, 1999
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/624-9056 ext. 52130


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 160, Rules Governing the Administration of Combination Vehicles with Semi-Trailers Whose Total Length Exceeds 48 Feet but does not Exceed 53 Feet
ADOPTED RULE NUMBER: 99-410
CONCISE SUMMARY: This rule allows for the permitting of the power unit as well as the trailer.
EFFECTIVE DATE: October 4, 1999
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


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