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September 29, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 151, Architectural and Industrial Maintenance Coatings
PROPOSED RULE NUMBER: 2004-P245 - comment deadline extended.
CONCISE SUMMARY: The Department is proposing a new rule, Ch. 151, Architectural and Industrial Maintenance (AIM) Coatings, which establishes limits for volatile organic compounds (VOC) from architectural and industrial maintenance coatings. This proposed rule regulates approximately 50 coating categories, including paints, stains, traffic markings, varnishes, bituminous roof coatings, concrete curing compounds, specialty primers and sealers, and wood preservatives. The rule requires manufacturers to provide compliant coatings at the retail and wholesale levels for sale in Maine and prohibits the application of noncompliant coatings. This rule is designed to reduce VOC emissions which contribute to, ground-level ozone.
The Department is particularly interested in receiving testimony and/or written comments regarding: (1) the availability of products that currently meet the proposed VOC limits, (2) whether available products that meet the proposed VOC limits are suitable for use in Maine's climate, (3) the small AIM manufacturers exemption, and (4) any other relevant information concerning the use of these products in Maine. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.state.me.us/dep/air/regulations/proposed.htm.
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 MRSA 585-A
PUBLIC HEARING: September 16, 2004, 9:00 a.m., Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: The Deadline for Comments has been extended until 5:00 p.m. on October 7, 2004
AGENCY CONTACT PERSON: Carolyn Wheeler or Jeff Crawford
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 101, Loan Insurance Program - Repeal and Replace of Ch. 101 and Ch. 103
PROPOSED RULE NUMBER: 2004-P279
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to borrowers and lenders, including trustees for bondholders, applying for and benefiting from the Authority's program of business loan insurance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), and 1026-A
PUBLIC HEARING: 10:30 a.m., October 21, 2004, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before October 21, 2004 but will be accepted on or before November 1, 2004. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy General 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #11-04
PROPOSED RULE NUMBER: 2004-P280
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, October 22, 2004, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 22, 2004
NAME: Stanley K Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 301, Standard Offer Service
SUMMARY: The purpose of this rulemaking is to establish standards and procedures for incorporating new renewable resources into the supply for standard offer service.
PROPOSED RULE NUMBER: 2004-P281
CONCISE SUMMARY The purpose of the amendments is to establish standards and procedures for incorporating new renewable resources into the supply for standard offer service.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 1306, and 3212
PUBLIC HEARING: October 19, 2004, 1:30 p.m. at the Public Utilities Commission, 242 State Street, Augusta, Maine 04333-0018
DEADLINE FOR COMMENTS: October 29, 2004
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Health & Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2004-P282
CONCISE SUMMARY: Minor revisions are proposed to incorporate current Department Policy and to clarify the intent of Sections which are unclear.
STATUTORY AUTHORITY: Title 22 42
RULE TITLE OR SUBJECT: Ch. 243, Minimum Lot Size Rules
PROPOSED RULE NUMBER: 2004-P283
CONCISE SUMMARY: Minor revisions are proposed to conform to recent statutory changes.
STATUTORY AUTHORITY: Title 12 4807-B
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: October 26, 2004, Pine Tree State Arboretum, Augusta, ME, 10 a.m. - 12 Noon
DEADLINE FOR COMMENTS: November 12, 2004
AGENCY CONTACT PERSON:
NAME: Russell G. Martin, PE, Director, Wastewater & Plumbing Program
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta ME 04333
PHONE: (207) 287-4735
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 503, Maine Certificate of Need Act
PROPOSED RULE NUMBER: 2004-P284
CONCISE SUMMARY: The Department proposes a new Certificate of Need Procedures Manual that incorporates recent statutory changes to include the State Health Plan and Capital Investment Fund. The proposed manual will replace the old manual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA ch. 103-A, 342
PUBLIC ]HEARING:
Date: October 2l, 2004, 10:00 a.m.
Location: Conference Rooms 1A & 1B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 8, 2004.
DEADLINE FOR COMMENTS: November 1, 2004
AGENCY CONTACT PERSON: Steven R. Keaten, Healthcare Financial Analyst
AGENCY NAME: Bureau of Medical Services, Division of Financial Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-1836
FAX: (207) 287-1832
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(ii), Exit Ratios for Limited Entry Zones, Zone E
ADOPTED RULE NUMBER: 2004-407
CONCISE SUMMARY: The Department of Marine Resources adopts these regulations under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone E Council in accordance with 12 MRSA 6448. These proposed changes would establish an exit ratio of 5:1 for Zone E and outline procedures for authorizing new zone entrants.
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)&(C), Maine Groundfish Management Plan
ADOPTED RULE NUMBER: 2004-408
CONCISE SUMMARY: On April 27, 2004, the National Marine Fisheries Service (NMFS) published Amendment 13 to the Northeast Multispecies Management Plan. This regulation, intended to significantly reduce fishing mortality and bycatch and to continue the rebuilding of groundfish stocks, was developed by the New England Fishery Management Council and became effective May 1, 2004 (additional federal information is available at the federal web site: http://www.nero.noaa.gov/amend13/). These adopted State of Maine regulatory amendments complement the Amendment 13 management measures in Maine's waters. The amendments pertain to size and season limitations on cod and haddock in the recreational fishing sector, and commercial sector trawl and gillnet mesh sizes. The commercial haddock and yellowtail flounder restrictions have been removed. The recreational summer flounder size and creel limit has been adjusted in accordance with prior federal rulemakings. The DMR also adopted technical changes and clarifications in the Pollock, halibut and whiting rules for administrative and enforcement purposes.
EFFECTIVE DATE: September 20, 2004
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 20, Code for Safety to Life from Fire in Buildings and Structures
ADOPTED RULE NUMBER: 2004-409 (refiling of 2004-345)
CONCISE SUMMARY: This rule establishes minimum standards for the safety of life from fire in buildings and structures. Specific State of Maine requirements for use with the Life Safety Code are included in this chapter.
EFFECTIVE DATE: September 21, 2004
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8958


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Standard Interest Rate
ADOPTED RULE NUMBER: 2004-410
CONCISE SUMMARY: The rule has been repealed since it is obsolete.
CHAPTER NUMBER AND TITLE: Ch. 505, New England Regional Fuel Tax Agreement
ADOPTED RULE NUMBER: 2004-411
CONCISE SUMMARY: The rule has been repealed since it is obsolete.
CHAPTER NUMBER AND TITLE: Ch. 506, Certificates of Exemption for Special Fuel Users
ADOPTED RULE NUMBER: 2004-412
CONCISE SUMMARY: The rule has been repealed since it is obsolete.
CHAPTER NUMBER AND TITLE: Ch. 301, Sales for Resale and Sales of Packaging Materials
ADOPTED RULE NUMBER: 2004-413
CONCISE SUMMARY: The rule has been amended in order to reflect recent statutory changes, the most important of which provides that retailers that make less than $10,000 in annual gross sales are not entitled to receive a "resale certificate" from the State Tax Assessor enabling them to purchase goods free of sales tax.
CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program
ADOPTED RULE NUMBER: 2004-414
CONCISE SUMMARY: The rule has been amended in order to make the following changes:
1. The rule formerly required a claimant who does not have title to the homestead that he or she occupies but does have a possessory interest and who is personally responsible for payment of the tax to support the claim by providing a copy of the written agreement that established his or her personal responsibility for the property tax. See Sections .01(G) and .04(D). The proposed amendment removes the requirement that the agreement be in writing and in effect prior to the beginning of the year upon which the claim is based.
2. To make other minor editorial changes.
EFFECTIVE DATE: September 25, 2004
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VIII Section 1, Cub Care
ADOPTED RULE NUMBER: 2004-415
CONCISE SUMMARY: The Department is repealing Ch. VIII Section 1, Cub Care, because the eligibility sub-sections of the rule duplicate policies in the Bureau of Family Independence MaineCare Eligibility Manual, Section 9000. Other sub-sections are not necessary to ensure access to services for this coverage group.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 29, 2004
AGENCY CONTACT PERSON: Linda Schumacher, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: #11 State House Station, 442 Civic Center Drive
Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2004-416
CONCISE SUMMARY: These rules permanently adopt emergency rules currently in effect as of July 1, 2004. Resolve 2003, chapter 175 provides for these rule changes that reduce reimbursement for the facility-specific routine component of the room and board portion by twenty-five cents per day per member for those facilities covered under this chapter. The adopted rules also clarify definitions of fair market value and historical costs, which are utilized in determination of value of asset transfers. Additionally, the final rules clarify requirements for provision of return on equity in lease arrangements.
EFFECTIVE DATE: September 28, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. #3, Schedule of Minimum Prices - Order #10-04
ADOPTED RULE NUMBER: 2004-417
CONCISE SUMMARY: Minimum October, 2004 Class I price is $18.03 plus $0.43/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in Southern New England for a total of $19.56. Class II minimums set at $13.28 for August, 2004 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: October 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 7, Rules Relating to Substance Abuse Testing
ADOPTED RULE NUMBER: 2004-418
CONCISE SUMMARY: This amendment provides guidance to employers wanting to establish random or arbitrary substance abuse testing for all employees as to the steps needed and the information necessary to have a program approved.
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
ADOPTED RULE NUMBER: 2004-419
CONCISE SUMMARY: This amendment adds the provisions prohibiting working at height and in confined spaces in accordance with 2003 PLc59. It also clarifies the exemptions for apprentices and student-learners.
EFFECTIVE DATE: September 26, 2004
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


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