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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

October 10, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2001-P244
CONCISE SUMMARY: The Department of Environmental Protection is proposing to amend Ch. 127 to reflect changes to the California LEV II program to include heavy-duty diesel new engine standards for vehicles having a gross manufacturer's weight over 14,000 pounds. This amended rule would add standards for new diesel engines referred to as Not-To-Exceed (NTE) and Euro III European Stationary Cycle (ESC) emission test procedures for on-road heavy-duty diesel engines.
In addition, the Department is proposing to adopt the latest California heavy-duty gasoline engine standards that align certain California standards with the more recent Tier 2 federal standards. Some of these include setting a NOx fleet average requirement rather than a Non-methane Organic Gas (NMOG) fleet average.
Copies of these rules and previously submitted comments 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 rule-making, and be provided an opportunity for comment. Any party interested in providing public comment can 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: 39 MRSA 585-D; 38 MRSA 585-A
PUBLIC HEARING: November 1, 2001 at 4 p.m., Holiday Inn/Ground Round, Augusta, Maine.
DEADLINE FOR COMMENTS: November 13, 2001, at 12 p.m.
AGENCY CONTACT PERSON: Lynne Cayting
AGENCY NAME. Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 750, Standardized Health Plans
PROPOSED RULE NUMBER: 2001-P245
CONCISE SUMMARY: The purpose of Part I of this Rule is to define the coverage requirements for two standardized health plans that must be offered by all carriers providing individual and small group coverage as described in Section 3 of this Rule. This Rule also establishes marketing standards for these plans. In addition, Part I of this Rule defines a basic level of benefits that must be covered by a multiple-employer welfare arrangement (MEWA) health plan.
The purpose of Part II of this Rule is to establish product design guidelines for health maintenance organizations (HM0s) doing business in Maine. These HMO product design guidelines are designed and intended to give HMOs the flexibility to create plans, other than the required standard plans, that meet the needs of the market for health coverage at a reasonable cost. These HMO product design guidelines are not intended to be used as a standardized plan. Rather, they are intended to permit considerable flexibility in structuring co-payments, co-insurance and deductibles without sacrificing the breadth of coverage offered by HMOs in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
PUBLIC HEARING: November 6, 20019 a.m., Central Conference Room, Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, ME.
DEADLINE FOR COMMENTS: November 13, 2001, 5 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - (1) Breast and Cervical Cancer Coverage Group, (2) Start Date of Eighth (8) Month Coverage of Refugees, (3) Assistance Units with TANF-and Non-TANF Members
PROPOSED RULE NUMBER: 2001-P246
CONCISE SUMMARY: This rule:
(1) Explains how to determine Medicaid eligibility for an assistance unit made up of TANF and non-TANF members.
(2) Changes the start of the eight (8) month coverage period for refugees to the month in which they are granted asylum. The current start date is the date of entry into the U.S.
(3) Starts a new coverage group: women who are found to have breast or cervical cancer as a result of screening through the Breast and Cervical Center Screening Program. The Bureau of Health operates this program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 2, 2001
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 585, Dissolved Oxygen Requirements for Rivers and Streams
PROPOSED RULE NUMBER: 2001-P247
CONCISE SUMMARY: This rule does three things. First, it adopts federally-required dissolved oxygen criteria for the support of indigenous fish. Second, the rule clarifies the procedures for identifying and designating fish spawning areas in the wastewater discharge licensing process. Third, the rule specifies that compliance with dissolved oxygen levels will not be measured in the bottom waters of certain riverine impoundments. Upon adoption, the proposed rule will repeal and replace the existing Ch. 585 rule titled "Identification of Fish Spawning Areas and Designation of Salmonid Spawning Areas."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D and 465
PUBLIC HEARING: November 1, 2001, 2 p.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: November 30, 2001. Comments may be submitted by mail at the address below, by fax at (207) 287-7191, or by e-mail at dana.p.murch@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. The proposed rule and other explanatory material may be viewed on-line at: http://www.maine.gov/dep/blwq/rule.htm
AGENCY CONTACT PERSON: Dana Murch
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7784


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 11.19, Cobscook Bay Limits and Restrictions
Ch. 11.15, Repeal
PROPOSED RULE NUMBER: 2001-P248
CONCISE SUMMARY: The Commissioner proposes limitations on the harvest of scallops in Cobscook Bay to prevent over fishing of the scallop resource in compliance with 12 MRSA 6728, effective September 21, 2001. The proposed regulations define the ratio of shellstock to volume of scallop meat as 1 1/2 bushels of shellstock to one gallon of scallop meat and describe the requirements on how scallops harvested outside Cobscook Bay may be legally landed or transited through this area. A technical correction would repeal the old title line for section 11.15, Cobscook Bay.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6728, 6171
PUBLIC HEARINGS:
Monday, October 29, 2001, 7:00 p.m., University of Maine, 9 O'Brien Avenue, Science Building Lecture Hall Room 102, Machias
Tuesday, October 30, 2001, 7:00 p.m., State Ferry Terminal Conference Room, Rockland
DEADLINE FOR COMMENTS: Friday, November 9, 2001
AGENCY CONTACT PERSON: Col. Joe Fessenden. Mail written comments to: Laurice U. Churchill.
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #10-01
ADOPTED RULE NUMBER: 2001-413
CONCISE SUMMARY: Minimum October, 2001 producer Class I price is $19.18 plus $.15/cwt. Producer Cost of Production and an over order premium of $ 1.00/cwt. as being prevailing in southern New England for a total of $20.33. Class II minimums set at $16.13 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices.
Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/milk/homepage.html
EFFECTIVE DATE: October 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 519, Interim Effluent Limitations and Controls for the Discharge of Mercury
ADOPTED RULE NUMBER: 2001-414
CONCISE SUMMARY: Originally approved in February 2000, Ch. 519 establishes procedures for setting 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, the original Ch. 519 expired on October 1, 2001. A change in the law enacted by the 120th Legislature continues the need for interim controls for mercury after October 1, 2001. Consistent with the new law, an amendment to Ch. 519, adopted on September 6, 2001, eliminates the sunset provision from the original rule.
EFFECTIVE DATE: October 6, 2001
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station #17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 13, Rules Governing the Establishment and Use of Fair Minimum Wage Rates on State Construction Projects
ADOPTED RULE NUMBER: 2001-421
CONCISE SUMMARY: The purpose of this chapter is to establish definitions and procedures to ensure the consistent and fair administration of the Minimum Wage Rates on State Construction Projects Law as presented in Title 26 MRSA 1304 - 1315.
EFFECTIVE DATE: October 7, 2001
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual- Increase in Income Limits, Maximum Allotments and Excess Shelter Deduction, Quarterly Earnings for Social Security, Disqualifications, Work Exemptions, Regaining of Eligibility for ABAWDS and EITC
ADOPTED RULE NUMBER: 2001-422
CONCISE SUMMARY: This rule follows federal law. Effective October 1, 2001, there will be an annual increase in income limits and maximum monthly benefit amounts. The excess shelter deduction will increase form $340 to $354 for new applications and certification periods as of March 2001. Listing of monthly earnings for Social security is updated. An individual may be determined to be medically unfit for employment, there is no longer a one time limit for ABAWDS (Able Bodied Adults Without Dependents) to regain eligibility during their thirty-six (36) month time limited period of eligibility, clarifies that to be disqualified from Food Stamps due to a sanction from another program the individual must be on Food Stamps at the time of the sanction and clarifies that all earned income tax credit is excluded income for Food Stamps.
EFFECTIVE DATE: October 7, 2001
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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