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April 28, 2004
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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2004-P103
CONCISE SUMMARY: Hearing on Dealer Margins based on a Model Dairy Study and adjustments made to reflect Maine conditions,
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954
PUBLIC HEARING: 1:30 p.m., Friday, May 21, 2004, Room 233, Department Of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: May 21, 2004
CLOSING COMMENTS: June 1, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2004-P104
CONCISE SUMMARY: In accordance with Title 5, Ch. 153, 1764-A, the State Board of Education is proposing these routine/technical rules regarding energy efficiency in State Board of Education approved new, construction and substantially renovated buildings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA 5, Ch. 153, 1764-A; MRSA 20-A Ch. 5, 405; MRSA Ch. 609, 15905, sub-4 (also 15901 through 15917); and MRSA 30-A, 0000-3
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: Friday, May 28, 2004. Submit written comments to Agency Contact Person indicated below.
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director/Team Leader
AGENCY NAME: Department of Education
ADDRESS 23 State House Station, Burton Cross Office Building - 5th Floor, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Proposed amendments to Rule 450, Workers' Compensation Insurance - Experience Rating
PROPOSED RULE NUMBER: 2004-P105
CONCISE SUMMARY: These amendments implement 24-A MRSA 2382-D(4), which provides that "The experience rating or merit rating plan may not permit, in the calculation of experience modification factors, consideration of those lost-time claims attributable to work-related injuries that are aggravations of, or combine with, any prior lost-time work-related injury to produce incapacity. The superintendent shall adopt rules to protect employers from the impact of these subsequent injury claims and to equitably compensate insurers that provide coverage to these employers." They also make a variety of clarifications to existing provisions, in particular to the grounds and procedures for correcting an erroneous experience modification factor, and the criteria for a bona fide change in ownership.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This Rule would be adopted by the Superintendent pursuant to 24-A MRSA 212, 2303, 2382, and 2382-D.
PUBLIC HEARING: Wednesday, May 19, 2004 at 9:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS:
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 980, Standards for Safeguarding Consumer Information
PROPOSED RULE NUMBER: 2004-P106
CONCISE SUMMARY: Purpose of the Rule or Amendment: to establish standards for developing and implementing administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of consumer information, as mandated by the Gramm-Leach-Bliley Act.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Legal Requirement for Adopting: pursuant to 24-A MRSA 212 and 2220 and 15 U.S.C. 6801 (b) and 6805(b)(2)
PUBLIC HEARING: Wednesday, May 19, 2004 at 1:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124
Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: June 1, 2004 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 130, Solvent Cleaners
PROPOSED RULE NUMBER: 2004-P107
CONCISE SUMMARY: The Department proposes to repeal and replace Ch. 130, Solvent Degreasers, to further reduce the emissions of volatile organic compounds (VOCs) from solvents used in solvent cleaning operations.
The rule provides standards and operating procedures for the several classes of cleaners. Most solvent cleaners in Maine are Cold Cleaners used in auto repair shops. Probably the key change is the requirement to use very low vapor pressure solvents such as are already in use in neighboring states as well as at some Maine sites. Low vapor pressure solvents release less VOCs to the atmosphere; VOCs contribute to summertime ozone air pollution. Promulgation of this regulation will reduce statewide VOC emissions by an estimated six tons per day
Maine is required to adopt and submit this revised rule as part of the settlement in a consent decree: Sierra Club, et al v. Leavitt, U.S. District Court for the District of Columbia, Case No.: 1:00CV02206.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585-A, 585-C and 575
PUBLIC HEARING: May 20, 2004, 1:30 p.m., Holiday Inn (Ground Round), Augusta, ME
DEADLINE FOR COMMENTS: June 1, 2004, 5:00 p.m. Comments may be submitted by mail at the address below, by fax at (207) 287-7641 or by email to: donald.l.anderson@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or email is on the sender.
AGENCY CONTACT PERSON: Donald L. Anderson
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Proposed Rule: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2004-P108
CONCISE SUMMARY: This proposed rule changes the reimbursement range of 85% to 95% of charges to 90% to 100% of charges for non-state owned psychiatric facilities in order to assure access to needed services. To allocate legislatively appropriated funds the proposed policy raises reimbursement for acute care hospitals. For non-critical access hospitals outpatient reimbursement is raised from 77% to 98% of charges; inpatient reimbursement is raised by eliminating the discount previously applied when calculating rates per discharge and then applying a 5-6% adjustment factor. Critical access hospitals will be paid 101% of costs for both inpatient and outpatient services to mirror Medicare rules and a small adjustment will be made to payments for inpatient services related to relative share of MaineCare patients. Further, state owned psychiatric hospitals will be reimbursed on a cost basis.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: May 19, 2004
Time: 9:00 a.m.
Location: Conference Room 1A, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: May 31, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY: Bureau of Medical Services, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 318, Wells and Plymouth Waste Oil Clean-up Program, Amendment 4 (non-emergency)
PROPOSED RULE NUMBER: 2004-P109
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2004, Ch. 596. The amendment expands the eligible uses of the fund to include the remedial design and technical impracticability study and sets a new application deadline accordingly.
The rule amendment was adopted on an emergency basis on April 15, 2004. The Authority found that emergency adoption of the rule amendment was warranted in light of the emergency nature and effective date of PL 2004, Ch. 596. The Authority found such facts to represent an immediate threat to the public's general welfare and adoption of the rule amendment on an emergency basis necessary to avoid such threat.
THIS RULE: WILL NOT HAVE A FISCAL IMPACT ON COUNTIES OR MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 1023-L(3-A), 1026-R(3) (reallocated from 1026-Q(3)),1023-M(3)and 1026-S
PUBLIC HEARING: 10:00 a.m., May 20, 2004, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before May 20, 2004, but will be accepted on or before June 1, 2004. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Amendment 6, Maine College Savings Program
PROPOSED RULE NUMBER: 2004-P110
CONCISE SUMMARY: The rule amendment adds attendance at a United States military service academy as an early termination event, not subject to the penalty for nonqualified withdrawals. In addition, the rule amendment makes changes to the NextGen scholarship program. The requirement of a $0 expected family contribution in order to be eligible for a scholarship is changed to allow the Authority to set a maximum expected family contribution annually. In addition, the prohibition against attendance at the institution of higher education within the last 24 months is deleted. Other standard scholarship program provisions have been added, clarifying residency, program of study, and refunds, for example. A provision has been added clarifying that a NextGen scholarship is only awarded once. Finally, the rule amendment makes changes to the matching grant programs. The maximum family adjusted gross income level of $50,000 to qualify for matching grants is raised to $52,500 beginning January 1, 2005 and is to be adjusted annually thereafter based on the consumer price index. The minimum contribution necessary to receive an annual matching grant, if eligible, is lowered from $200 to $50, and the amount of the annual matching grant is increased from 25% of contributions (up to $100) to 50% of contributions (up to $200). Clarifications have been added regarding timing of applications for matching grants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
STATUTORY AUTHORITY: 10 MRSA 969-A; 20-A MRSA 11485
PUBLIC HEARING: 10:00 a.m., May 20, 2004, Finance Authority of Maine, 5 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before May 20, 2004, but will be accepted on or before June 1, 2004. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Final rule: Ch. 101, MaineCare Benefits Manual: Ch. III Section 27, Early Intervention Services
ADOPTED RULE NUMBER: 2004-122
CONCISE SUMMARY: The final rule continues changes made effective 1/23/2004 through 4/21/2004 via emergency rule. The final rule establishes the maximum reimbursement for developmental therapy mainstream programs to be $55 per day or the contracted Child Development Service (CDS) contracted rate, whichever is lower. Also, the reimbursement rate for a one-on-one aide in the mainstream program shall be $6.25 per quarter hour unit or the CDS contracted rate, whichever is lower. The rule also underscores that all payments are subject to audit by the Division of Audit to ensure conformity of billed rates with approved CDS contracted rates.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: April 21, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 31, Federally Qualified Health Center Services
ADOPTED RULE NUMBER: 2004-123
CONCISE SUMMARY: Changes reflect the elimination of enhanced payment to Federally Qualified Health Centers for completing and submitting Bright Futures forms, and changing the implementation date for member copayments as a result of Legislative action.
Rules and related rulemaking documents may be reviewed at and printed from the Bureau of Medical Services website at http://www.maine.gov/bms/rulemaking/ or, for a fee, interested parties may request a paper copy of rules by calling (207) 287-9368.
EFFECTIVE DATE: April 21, 2004
AGENCY CONTACT PERSON: Robert E. Gross
AGENCY NAME: Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366 or (800) 321-5557
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 103, Rural Health Clinic Services
ADOPTED RULE NUMBER: 2004-124
CONCISE SUMMARY: Changes reflect the elimination of enhanced payment to Rural Health Clinics for completing and submitting Bright Futures forms, and a variety of minor wording changes to either update or clarify other portions of the rule.
Rules and related rulemaking documents may be reviewed at and printed from the Bureau of Medical Services website at http://www.maine.gov/bms/rulemaking/ or, for a fee, interested parties may request a paper copy of rules by calling (207) 287-9368.
EFFECTIVE DATE: April 21, 2004
AGENCY CONTACT PERSON: Robert E. Gross
AGENCY NAME: Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366 or (800) 321-5557
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 124, Total Reduced Sulfur Control from Kraft Pulp Mills
ADOPTED RULE NUMBER: 2004-125
CONCISE SUMMARY: The Department has amended Ch. 124 to align the brownstock washer control compliance date with the 2007 federal pulp and paper MACT (Cluster Rule) deadline. Ch. 124 formerly required brownstock washer controls to be in place by 2005; the amendments provide affected facilities an additional two years in which to install and optimize the effectiveness of TRS controls and establish a final compliance deadline of April 17, 2007.
EFFECTIVE DATE: April 26, 2004
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: 04-059 - Department of Conservation, Bureau of Parks and Lands, Off Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 160, Rules for ATV Club Grant in Aid Program
ADOPTED RULE NUMBER: 2004-126
CONCISE SUMMARY: This proposed rule provides a process that qualified ATV Clubs use to obtain a grant from the Bureau of Parks and Lands to help defray the costs of constructing and maintaining ATV Trails used by the public.
* It changes the Grant application deadlines,
* It changes the Club registration deadlines.
* It provides for an increase in the amount of money clubs are eligible to receive.
* Allows us to keep up with existing demands in order to continue to provide safe trails for the public.
* Reorganize rules to increase clarity, eliminate redundancy and provide a more logical grouping by subject.
* Removes specific language on dollar amounts allowing yearly changes by the Bureau.
* Changes the deadlines to allow the grant process to fit better within the state Fiscal year.
EFFECTIVE DATE: April 27, 2004
AGENCY CONTACT PERSON: Brian Bronson
AGENCY NAME: Department of Conservation; Bureau of Parks and Lands, Off Road Vehicle Division
ADDRESS: State House Station 22, Augusta, Me 04333
TELEPHONE: (207) 287-4958


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 34, Wells and Plymouth Waste Oil Clean-up Program (Emergency)
ADOPTED RULE NUMBER: 2004-127
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2004, Ch. 596. The amendment expands the eligible uses of the fund to include the remedial design and technical impracticability study and sets a new application deadline accordingly.
The rule amendment was adopted on an emergency basis on April 15, 2004. The Authority found that emergency adoption of the rule amendment was warranted in light of the emergency nature and effective date of PL 2004, Ch. 596. The Authority found such facts to represent an immediate threat to the public's general welfare and adoption of the rule amendment on an emergency basis necessary to avoid such threat.
EFFECTIVE DATE: April 28, 2004
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


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