October 28, 1998 Rule-Making Notice - State of Maine

October 28, 1998
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. 145, NOx Allowance Program
PROPOSED RULE NUMBER: 98-P203
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal is based on a model rule developed by the OTC, and defines the sources which will be subject to the program, and delineates their responsibilities. There are currently three sources that will be subject to the Maine program: 1) Wyman Station, Yarmouth, 2) Mason Stations, Wiscasset, and 3) Cape Station, South Portland. Under the program, each budget source will be given a fixed allocation of allowances for each year of operation beginning in 1999. The NOx emissions from a budget source are not allowed to exceed the equivalent number of allowances that the sources have been allocated, with one ton of NOx emissions equal to one allowance. Budget sources must hold allowances for all NOx emitted during the ozone season period of May through September, and sources are allowed to buy, sell, or trade allowances throughout the OTR as needed. In addition to control requirements, the proposed rule establishes monitoring and reporting requirements for the budget sources. The preferred method of emissions monitoring for this program utilizes continuous emissions monitoring systems (CEMS) as approved by EPA under the Part 75 Acid Rain Program. Sources that are not subject to Part 75, or elect to use other monitoring methods will be addressed on a case-by-case basis. Copies of these rules 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 M.R.S.A. з 585 and 585-A
PUBLIC HEARING: Was held October 14, 1998, 2:00 p.m., Holiday Inn, Ground Round
DEADLINE FOR COMMENTS: The Comment Deadline is being extended until November 13, 1998
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.85, Lobster Trap Escape Vent Dimensions
PROPOSED RULE NUMBER: 98-P237
CONCISE SUMMARY: This proposed measure would provide regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment #3, Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation increases the rectangular escape vent to a minimum size of 1-15/16 inches by 5-3/4 inches, effective March 1, 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. з6171
PUBLIC HEARING: Monday, November 16, 1998, 7 p.m., The Samoset Resort, 220 Warrenton Street, Rockport, Maine
DEADLINE FOR COMMENTS: November 30,1998
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, McKown Point Road, West Boothbay Harbor, Maine 04574-0008
TELEPHONE: (207) 633-9556

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

RULE TITLE OR SUBJECT: Ch. 4, Hunting: (4.06 Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 98-P238
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing an open hunting season on wild turkeys annually from the first weekday in May through May 3 1; increase the number of permits to 3,000; and establish 1 turkey hunting zone consisting of the following Wildlife Management Districts: WMDs 15, 16, 17, 20, 21, 22, 23, 24, 25, and 26.
STATUTORY AUTHORITY: 12 MRSA, Sections 7035, 7468
PUBLIC HEARING: None scheduled - one may be requested.

RULE TITLE OR SUBJECT: Ch. 4.05, Moose Hunting Season
PROPOSED RULE NUMBER: 98-P239
SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing an open hunting season on moose each year beginning on the first Monday of October and remaining open for 6 days, except in any year when the first Monday occurs on October 1, 2, or 3. In those years, the season will open on the second Monday of October. This amendment also makes a technical correction in the rule by repealing the moose hunting district which was repealed in statute when the southern zone was created. Moose hunting zones and allocations remain unchanged from last year.
STATUTORY AUTHORITY: 12 MRSA Sections 7035 and 7463-A

CHAPTER NUMBER AND TITLE: Ch. 1: 1.01, Open Water Fishing, 1.02, Ice Fishing
PROPOSED RULE NUMBER: 98-240
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to adopt a rule changing the legal length limit on landlocked salmon from 14 inches to 12 inches on Eagle Lake in Aroostook County. Sampling data indicates a lack of smelt forage resulting in a large number of slow-growing landlocked salmon. As a result, few salmon can be legally harvested. Allowing anglers to harvest salmon between 12 and 14 inches will help speed the recovery of the salmon fishery. An emergency regulation was adopted during the 1998 open water fishing season. This rule will permanently adopt the decreased minimum length limit on salmon for the 1998-1999 ice fishing season and the 1999 open water season. The adopted regulation reads as follows: "For the 1999 open water fishing season: Eagle Lake, Eagle Lake, Wallagrass, etc.: S-2, S-3, S-16, S-25; Minimum length limit on salmon: 12 inches. (See also Fish River Thoroughfares)." "For the 1998-1999 ice fishing season: Eagle Lake, Wallagrass, Eagle Lake, T16RS, T16R6. S-10, AK-1. Minimum length limit on salmon: 12 inches."
STATUTORY AUTHORITY: 12 MRSA Section 7035

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: November 27,1998
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201, or e-mail to andrea.erskine@maine.gov

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 541, Educational Requirements for Insurance Professionals
PROPOSED RULE NUMBER: 98-P241
CONCISE SUMMARY: Establish standards and procedures for the approval and operation of courses and programs through which producers, consultants, and applicants for producer licenses may satisfy applicable prelicensing, education and continuing education requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. зз212, 601(23),1423(3)(A), 1483(2), and 1485.
PUBLIC HEARING: November 20, l998; 1:30 p.m., Central Conference Room., Professional & Financial Regulation Bldg., 124 Northern Avenue, Gardiner, Me
DEADLINE FOR COMMENTS: November 30, 1998, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Policy Manual - Interim Assistance Reimbursement and Municipal Work Program
PROPOSED RULE NUMBER: 98-P242
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in the Interim Assistance Reimbursement program. When a client does workfare for the municipality while receiving General Assistance and waiting for a decision on their SSI retroactive payment, the municipality needs to give a monetary hourly value to the workfare performed. The value of the workfare is subtracted from the General Assistance received before the Department and municipality are repaid for the General Assistance that was paid on behalf of the client.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA з4323
PUBLIC HEARING: A Public Hearing has been scheduled for November 16, 1998, Room 122 of the State Office Building, Augusta, ME 04333, from 9 a.m. to 12 p.m.
DEADLINE FOR COMMENTS: December 1, 1998
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-3097
DEAF/HARD OF HEARING TTY: (207) 287-6948

ADOPTIONS

AGENCY: 10-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices (Order #98-11)
ADOPTED RULE NUMBER: 98-427
CONCISE SUMMARY: Minimum November, 1998 producer Class I set at $18.34 and no Northeast Interstate Dairy Compact over order price. November, 1998 Class II goes to $15.40 and Class III minimums set at $15.16. These changes were passed on in minimum prices.
EFFECTIVE DATE: November 1, 1998
AGENCY CONTACT PERSON: NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Ch. 870, Health Care Practitioner Self-Referrals
ADOPTED RULE NUMBER: 98-428
CONCISE SUMMARY: Sets forth criteria for determining when there are adequate safeguards against the conflict that may arise when health care practitioners self-refer patients to a facility in which they have an investment interest, and establishes a process whereby a health care practitioner can apply to the Superintendent for an exemption authorizing referrals to a practitioner-owned facility.
EFFECTIVE DATE: October 22, 1998

CHAPTER NUMBER AND TITLE: Ch. 750, Standardized Health Plans (amendments)
ADOPTED RULE NUMBER: 98-429
CONCISE SUMMARY: To define two standardized health plans that must be offered by all carriers providing the types of coverage described in Section 3 of the Rule.
EFFECTIVE DATE: October 16, 1998

AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(1), Monhegan Island Lobster Conservation Area
ADOPTED RULE NUMBER: 98-436
CONCISE SUMMARY: The amended regulation establishes the conditions and procedures for registering for and participating in lobster fishing within the Monhegan Island Lobster Conservation Area. It provides for the wise utilization of the lobster resource around Monhegan Island and is independent of any other management zone adopted by regulation of the Commissioner. The regulation implements 12 M.R.S.A. з6471 through з6477.
EFFECTIVE DATE: October 25, 1998
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

Return to the Online Rules Home Page.

Return to the APA Home Page.

Return to the Division of Rules, Commissions and Administration Home Page.

Return to the Bureau of Corporations, Elections and Commissions Home Page.

Return to the Department of the Secretary of State Home Page.