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Weekly Rulemaking Notices Contact Us Find It

November 6, 2002
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.08(B)(3)(a), Double Tagging in Zone G
PROPOSED RULE NUMBER: 2002-P282
CONCISE SUMMARY: This revised rulemaking is intended to replace the similar proposed double lobster trap tagging provision for non-Zone G lobstermen who fish in Zone G, on which a hearing was held in Scarborough on September 26, 2002. The proposed regulation would increase the Marine Patrol's ability to enforce the current 49/51 % trap component of the Lobster Zone Limited Entry rules of Zone G. The revised proposal would limit the requirement to double tag to only the months of November through February each year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171 -A
PUBLIC HEARING: None, one may be requested.
DEADLINE FOR COMMENTS: Friday, December 6, 2002
AGENCY CONTACT PERSON: Lt. David Mercier
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04675-0008
TELEPHONE: (207) 633-9595
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6667.


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Moose Hunting
PROPOSED RULE NUMBER: 2002-P283
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued. For the 2003 season, permits will be issued for bulls and antlerless moose (bull defined as those moose with antlers and antlerless meaning those moose without antlers or a moose with antlers that are shorter in size than its ears). Permits are allocated according to Wildlife Management District as follows:
WMD 1 - 120 bulls / 20 antlerless
WMD 2 - 90 bulls
WMD 3 - 160 bulls / 150 antlerless
WMD 4 - 255 bulls
WMD 5 - 120 bulls
WMD 6 - 220 bulls / 140 antlerless
WMD 7 - 125 bulls
WMD 8 - 290 bulls
WMD 9 - 80 bulls
WMD 10 - 100 bulls / 10 antlerless
WMD 11 - 130 bulls / 100 antlerless
WMD 12 - 35 bulls / 20 antlerless
WMD 13 - 45 bulls / 10 antlerless
WMD 14 - 35 bulls
WMD 18 - 80 bulls / 20 antlerless
WMD 19 - 90 bulls / 15 antlerless
WMD 28 - 45 bulls / 20 antlerless
WMD 29 - 25 bulls / 5 antlerless
TOTAL: 2,045 bulls / 510 antlerless
In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 28 and 29 the season will begin on the second Monday of October and remain open for 6 days.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7463-A
PUBLIC HEARING: Monday, November 25, 2002 - Inland Fisheries & Wildlife Headquarters, 284 State Street, Augusta, ME - 2nd Floor Conference Room, 6:30 p.m.
DEADLINE FOR COMMENTS: December 5, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Adoption of Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
ADOPTED RULE NUMBER: 2002-408
CONCISE SUMMARY: This rule was developed by a 14-member consensus-based rule development committee the Board appointed to respond to a request from the Maine Toxics Action Coalition. Two public hearings were held where 23 people presented information to the Board. Ninety-eight letters and electronic messages were also received. The Board reviewed the rule-making record and determined it should adopt the rule as published except for a few technical changes. The rule establishes procedures and standards for applying pesticides in and on school grounds. School Boards will be required to adopt an integrated pest management policy and school officials will have to designate an integrated pest management coordinator who shall maintain the IPM policy and make it available to the public upon request. School officials will also be required to post notices to alert students, staff and visitors when pesticide applications are scheduled. In addition, the rule requires school administrators to choose between universal notification to all parents or establishing a registry of concerned parents who wish to be notified of each pesticide application. School officials will have until August 30, 2003 to implement the provisions of the rule.
EFFECTIVE DATE: October 29, 2002
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - TCC Guidelines - Rev. #64A
ADOPTED RULE NUM'BER: 2002-409
CONCISE SUMMARY: This policy adopts new maximum Transitional Child Care (TCC) income guidelines and a new fee assessment schedule beginning October 1, 2002 through September 30, 2003.
EFFECTIVE DATE,: October 30, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands, Off Road Vehicle Division
CHAPTER NUMBER AND TITLE: Amendment to Ch. 8, Rules and Regulations for the Snowmobile Club Trail Maintenance Grant in Aid Program
ADOPTED RULE NUMBER: 2002-410
CONCISE SUMMARY: The amendment will provide concise definitions and procedures to the Snowmobile Club Trail Maintenance Grant in Aid Program. This amendment will also remove the language of the Capital Equipment grant programs so that the Capital Equipment Grant will be an independent grant from the Snowmobile Club Trail Maintenance Grant.
* Provides changes and corrections to the existing rule governing the grants from the Snowmobile Trail Fund to snowmobile clubs.
* Increases the amount of money clubs are eligible to receive
EFFECTIVE DATE: October 30, 2002
AGENCY CONTACT PERSON: Scott Ramsay/Tim Russell
AGENCY NAME: Department of Conservation, Bureau of Parks and Lands, Off Road Vehicle Division
ADDRESS: 22 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-4956


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands, Off Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 9, Rules and Regulations for the Snowmobile Capital Equipment Grant in Aid Program
ADOPTED RULE NUMBER: 2002-411
CONCISE SUMMARY: The Rules for the Snowmobile Capital Equipment Grant Program are being changed to:
* To establish independent rules and guidelines for the purpose of snowmobile clubs or political subdivisions to receive a grant for purchased snowmobile grooming equipment. Previously, the rules for the Capital Equipment Grant Program were a part of the Snowmobile Trail Maintenance Grant Program.
* Rephrase certain rules to increase clarity and eliminate redundancy;
* Reorganize rules to provide a more logical grouping by subject.
EFFECTIVE DATE: October 30, 2002
AGENCY CONTACT PERSON: Karen B. Morgan/ Scott Ramsay AGENCY NAME: Department of Conservation, Bureau of Parks and Lands, Off Road Vehicle Division
ADDRESS: State House Station 22, Augusta, ME 04330
TELEPHONE: (207) 287-4957/ 287-4956


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

CHAPTER NUMBER AND TITLE: Ch. 1.- 1.02 (Ice Fishing Regulations)
ADOPTED RULE NUMBER: 2002-412
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to ice fishing. This body of rules is printed in its entirety in the Ice-in 2002 - March 31, 2003 Ice Fishing Regulations Booklet available from the Department as well as license agents.

CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting (Open and Closed Areas)
ADOPTED RULE NUMBER: 2002-413
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule opening the Drakes Island and Wells Sanctuaries to deer hunting with archery equipment by permit only as authorized by landowners. A copy of the complete rule may be obtained from the Agency Contact Person.

TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06
ADOPTED RULE NUMBER: 2002-414
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season as follows establishing the dates for the split season to occur as follows: Season A: April 28 - May 3, 2003 and May 19 - May 24, 2003; Season B: May 5 - May 10, 2003 and May 12 - May 17, 2003; All hunters: May 26 - May 31, 2003. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). The rule also increases the number of permits from 9,000 to 12,000 (6,000 each Season A and 6,000 in Season B. A detailed copy of the proposed rule may be obtained from the agency contact person listed below.

EFFECTIVE DATE: November 2, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 06-096 - Department of Environmental Protection

CHAPTER NUMBER AND TITLE: Ch. 850, Identification of Hazardous Waste
ADOPTED RULE NUMBER: 2002-415
CONCISE SUMMARY: This rule modifies the universal waste portions of the Hazardous Waste Management Rules. Specifically, it adds two additional waste streams to those eligible for management under the universal waste portion of the rule. These waste streams are mercury devices and motor vehicle mercury switches. The rules contain management standards for these additional waste streams plus minor changes to other portions of the universal waste rules.

CHAPTER NUMBER AND TITLE: Ch. 853, Licensing of Hazardous Waste Transporters
ADOPTED RULE NUMBER: 2002-416
CONCISE SUMMARY: This rule modifies the transporter provisions for universal wastes. Specifically, the rule eliminates the need for an EPA ID number for universal waste transporters and clarifies the insurance provisions.

CHAPTER NUMBER AND TITLE: Ch. 856, Licensing of Hazardous Waste Facilities
ADOPTED RULE NUMBER: 2002-417
CONCISE SUMMARY: This rule adopts an abbreviated license provision for electronic demanufacturing facilities.

EFFECTIVE DATE: November 3, 2002
AGENCY CONTACT PERSON: Stacy A. Ladner
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2651


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, State of Maine Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2002-418
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: November 3, 2002
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287-2070



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