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Weekly Rulemaking Notices Contact Us Find It

June 22, 2005
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: 26-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 6, Rules for the Suspension of Commercial Drivers' Licenses
PROPOSED RULE NUMBER: 2005-P134
CONCISE SUMMARY: This amendment implements new Federal requirements relating to the issuance and suspension of commercial drivers' licenses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §§ 153 and 1253
PUBLIC HEARING: July 11, 2005, Bureau of Motor Vehicles, 2nd Floor Executive Conference Room, 101 Hospital St., Augusta, Maine 04330 - 9:00 a.m. to 10:00 a.m.
DEADLINE FOR COMMENTS: July 21, 2005
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual – Rev. #224P - Section 4220 and Section 4130 Appendix 4-2: Consent Decision and Community Spouse Minimum Standard and Shelter Allowance
PROPOSED RULE NUMBER: 2005-P135
CONCISE SUMMARY: For Nursing Facility Residents: the minimum amount of income that can be sent to the community spouse and the shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 22, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services, Division of Policy and Provider Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2005-P136
CONCISE SUMMARY: The rule proposes changes to the cost of living adjustment (COLA) for nursing facilities. Specifically, in circumstances where the wage and benefit portion of COLA is recovered, the recovery is limited to the percentage of the COLA that exceeds the increase in wages and benefits provided to frontline employees. The rule proposes to expand the definition of a hospital affiliated nursing facility to include those facilities that have ambulatory care services and nursing facility beds located within the same building or whose nursing facility beds were previously pan of a hospital prior to 2005. The rule makes corrections to the activities of daily living (ADL) schedule as it relates to the ease mix classification so that the prospective per diem rate conforms to the current reimbursement schedule. The rule also proposes to include private pay rates for semi-private rooms on the cost reports submitted by nursing facilities to the Department.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rule-making documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA § 42, § 3173: PL 2005, Ch. 12, See IIII-3
PUBUC HEARING DATE: July 13, 2005, 2:30 p.m.
Location: Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 11, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., July 24, 2005
AGENCY CONTACT PERSON: Newell Augur, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
PROPOSED RULE NUMBER: 2005-P137
CONCISE SUMMARY: The Department proposes to increase fees for all physician services, such that as of July 1, 2005, the fee for service rate will be set no lower than 53% of the Medicare rate in effect at that point in time.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
THIS RULE WILLNOT HAVE A FISCAL IMPACT ON Municipalities.
STATUTORY AUTHORITY: 22 MRSA § 42, § 3173
PUBUC HEARING: Wednesday, July 13, 2005, 1:00 p.m., Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 8, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. July 24, 2005
AGENCY Contact PERSON: Patricia Dushuttle
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
RULE TITLE OR SUBJECT:
Ch. 2, Licenses and Applications
Ch. 5, Internal Controls
Ch. 8, Slot Machine Location and Hours of Operation
PROPOSED RULE NUMBER: 2005-P138 through P140
CONCISE SUMMARY: The rules modify complimentary services or items (Ch. 5 Rule II-C) to be reported if over a $250 value, changes slot machine location and hours of operation (Ch. 8 rule 1F) to prohibit automatic teller machines (ATMs) from the gaming floor, clarifies the submission of fingerprint requirement for all people working at a Racino (Ch. 2 rule 4H) and outlines procedures for progressive jackpot games and the signage required for those games (Ch. 5 Rule III-G_4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA c. 31 §1003
PUBLIC HEARING: July 13, 2005, 1:00 p.m., Department of Public Safety, 45 Commerce Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: July 23, 2005
AGENCY CONTACT PERSON: Robert Welch, Executive Director
AGENCY NAME: Gambling Control Board, Department of Public Safety
ADDRESS: 45 Commerce Drive, Suite 3, Augusta, Maine 04333
TELEPHONE: (207) 626-3900


ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species (8.05, Essential Habitat for Species Designated as Endangered or Threatened
ADOPTED RULE NUMBER: 2005-215
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing 84 additions to areas protected as bald eagle nest sites; deletion of 26 previously designated Essential Habitats for bald eagles; map corrections for 3 previously designated Essential Habitats for bald eagles, and administrative label changes for 3 previously designated Essential Habitats for bald eagles in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter III and Inland Fisheries and Wildlife Rules, Ch. 8.
EFFECTIVE DATE: June 18, 2005
AGENCY CONTACT PERSON: Mark Stadler, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5252


AGENCY: 02-030 and 02-029 - Department of Professional and Financial Regulation, Office of Consumer Credit Regulation and Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Office of Consumer Credit Regulation Ch. 120 and Bureau of Financial Institutions Ch. 143 (Regulation #43), Multiple of the Federal Minimum Wage
ADOPTED RULE NUMBER: 2005-216 and 217
CONCISE SUMMARY: This rule repeals and replaces Bureau of Financial Institutions Ch. 143 and Office of Consumer Credit Regulations chapter 120. The rule provides the method for calculating the portion of earnings that are subject to garnishment when an individual is not paid on a weekly basis.
CHAPTER NUMBER AND TITLE: Office of Consumer Credit Regulation Ch. 180, Definition of Official Fees
ADOPTED RULE NUMBER: 2005-218
CONCISE SUMMARY: Ch. 180, Definition of Official Fees, is being repealed due to changes in the law on which the rule was based. Rule 180 prevents a creditor from charging a borrower for filing a financing statement if the creditor's security interest in a consumer credit transaction is perfected without filing the financing statement. Under 11 MRSA §9-1320, filing may now be appropriate even when the lender is automatically perfected by a purchase money securities interest in consumer goods.
CHAPTER NUMBER AND TITLE: Office of Consumer Credit Regulation Ch. 200, Rules on Re-Financing Multiple Transactions
ADOPTED RULE NUMBER: 2005-219
CONCISE SUMMARY: Ch. 200, Rule on Re-Financing Multiple Transactions, is being repealed due to changes in the law on which the rule was based. Ch. 200 established a formula for use when re-financing multiple transactions. The formula found in the rule is no longer relevant to current law.
CHAPTER NUMBER AND TITLE: Office of Consumer Credit Regulation Ch. 220, Change in Dollar Amounts
ADOPTED RULE NUMBER: 2005-220
CONCISE SUMMARY: Ch. 220, Change in Dollar Amounts, is being repealed due to changes in the law on which the rule is based. Ch. 220 changes various dollar amounts found throughout the Consumer Credit Code in order to keep pace with inflation. The dollar amounts have since been incorporated into the Consumer Credit Code.
CHAPTER NUMBER AND TITLE: Office of Consumer Credit Regulation Ch. 230, Regulation Z-1
ADOPTED RULE NUMBER: 2005-221
CONCISE SUMMARY: Ch. 230, Regulation Z-I, adopted the federal Truth-in-Lending regulations by reference to implement Article VII (now repealed) of the Maine Consumer Credit Code. The rule was re-promulgated as Ch. 240 but the original rule was never repealed. Ch. 230 is now being repealed.
EFFECTIVE DATE: June 18, 2005
AGENCY CONTACT PERSONS:
William N. Lund, Office of Consumer Credit Regulation, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8527
John Barr, Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8570


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual – Rev. #144A, Updated List of Waived Geographic Areas for the Time Limited Rule for ABAWDS
ADOPTED RULE NUMBER: 2005-223
CONCISE SUMMARY: This policy updates the geographic areas whose residents are exempt from the three-month time limited rule for ABAWDS (Able Bodied Adults Without Dependents). To be geographically exempt, the area must have an unemployment rate of at least 20% higher than the national average for a specific 24-month period. The following municipalities are no longer exempt: Livermore, Mechanic Falls, Bridgewater, Cyr Plt., Hamlin, Monticello, Perham, Bar Harbor, Ellsworth, Orland, Gardiner, Readfield, Bradley, Carmel, Charleston, Corinth, Greenbush, Hudson, Levant, Newburgh, Islesboro, Liberty, Stockton Springs, and Troy.
The following municipalities are being added to the exempt list: Limestone, Oakfield, Smyrna, Unity, Prentiss Plantation, Drew Plantation and Berwick. The other municipalities on the current exempt list remain on that list.
EFFECTIVE DATE: June 19, 2005
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 14-118 - Department of Health and Human Services, Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 4A, Regulations for Licensing of Private NonMedical Institutions Providing Residential Substance Abuse Treatment
ADOPTED RULE NUMBER: 2005-224
CONCISE SUMMARY: These rules impose separate licensing standards for substance abuse treatment facilities that operate as Private Non-Medical Institutions and bill under Section 97 of the MaineCare Benefits Manual. The effect of the rule is to identify which substance abuse treatment facilities are PNMIs and thus subject to taxation under PL 2003 c. 673, parts V-1, V-2, V-3 and V-6.
CHAPTER NUMBER AND TITLE: Ch. 6A, Mental Health Licensing: PNMI
ADOPTED RULE NUMBER: 2005-225
CONCISE SUMMARY: These rules impose separate licensing standards for mental health facilities that operate as Private NonMedical Institutions and bill under Section 97 of the MaineCare Benefits Manual. The effect of the rule is to identify which mental health facilities are PNMIs and thus subject to taxation under PL 2003, c. 673, parts V-1, V-2, V-3 and V-6.
EFFECTIVE DATE: June 20, 2005
AGENCY CONTACT PERSON: Larry Tyler
AGENCY NAME: Department of Health and Human Services
ADDRESS: 11 State House Station, 3rd Floor, Marquardt Building, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-2297


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2.37(1)(A)(9-10), Decision Standards – Noise and Visual Impact (Major Substantive Rulemaking)
ADOPTED RULE NUMBER: 2005-227
CONCISE SUMMARY: In accordance with recommendations by the Governor’s Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective September 13, 2003 and July 30, 2004 the Department adopts lease decision standards for noise and visual impact. Height limitations would be grandfathered for structures in place or under construction at the time the rulemaking is effective. These provisionally adopted amendments are major substantive pursuant to 12 MRSA 6072(5-A), and are adopted subsequent to legislative review and resolve effective May 26, 2005.
EFFECTIVE DATE: July 15, 2005
CHAPTER NUMBER AND TITLE: Ch. 2.37(1)(A)(8), Decision Standards – Lighting
(Major Substantive Rulemaking)
ADOPTED RULE NUMBER: 2005-228
CONCISE SUMMARY: In accordance with recommendations by the Governor’s Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective September 13, 2003 and July 30, 2004 the Department provisionally adopts lease decision standards for lighting. These provisionally adopted amendments are major substantive pursuant to 12 MRSA 6072(5-A), and are adopted subsequent to legislative review and resolve effective May 26, 2005.
EFFECTIVE DATE: July 15, 2005
CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(vi), Exit Ratios for Limited Entry Zones, Zone A (3:1)
ADOPTED RULE NUMBER: 2005-229
CONCISE SUMMARY: The Department of Marine Resources adopts this regulation in Chapter 25.93(F) after considering a survey of zone members and a recommendation of the Zone A Council in accordance with 12 M.R.S.A. §6448. The change establishes an exit ratio of three to one for Zone A and outlines procedures for authorizing new zone entrants.
EFFECTIVE DATE: June 20, 2005
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(2)(c), Recreational possession restriction – Winter Flounder
ADOPTED RULE NUMBER: 2005-230
CONCISE SUMMARY: This rulemaking on winter flounder establishes an 8 fish creel limit for the recreational fishing sector. This rulemaking meets compliance requirements with the Atlantic States Marine Fisheries Commission (ASMFC) February 10, 2005 approval of Amendment 1 to the Interstate Fisheries Management Plan for Winter Flounder required to be implemented by ASMFC member states by July 31, 2005.
EFFECTIVE DATE: June 20, 2005
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(4)(a)(i), Summer Flounder, Commercial Effort Restrictions
ADOPTED RULE NUMBER: 2005-231
CONCISE SUMMARY: These adopted regulations establish through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing limits on summer flounder that became effective May 5, 2005. Due to renewed interest to land summer flounder from a directed fishery, which could once again close this fishery, a 1,000 pound vessel trip limit is considered necessary to prevent over fishing of the summer flounder resource in order to avoid unusual damage or imminent depletion, and to allow for the continued rebuilding of the stock in accordance with the ASMFC and Mid-Atlantic Fishery Management Council summer flounder plans.
EFFECTIVE DATE: June 20, 2005
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: 287-4474 (Deaf/Hard of Hearing)


AGENCY: 02-041 - Maine Department of Professional & Financial Regulation, Office of Licensing & Registration, Charitable Solicitations Program
CHAPTER NUMBER AND TITLE:
Ch. 1, Registration Applications and Financial Statements (renamed and amended)
Ch. 2, Annual Fundraising Activity Reports (new)
Ch. 3, Enforcement and Disciplinary Procedures (new)
ADOPTED RULE NUMBER: 2005-232 through 234
CONCISE SUMMARY: These rules provide for the administration and enforcement of the Charitable Solicitations Act, 9 MRSA §5001 et seq., and implement the changes made to the Act by PL 2004, c. 541. The rules: (a) Clarify the application, renewal and financial reporting requirements for charitable organizations, professional solicitors, professional fund-raising counsel, and commercial co-venturers; (b) Set forth the appropriate methodology for calculating dollar amounts and percentages on the annual fundraising activity reports filed by registrants; (c) Establish an applicant's or registrant's time to request an adjudicatory hearing from a denial or refusal to renew a registration; and (d) Establish the Administrative Complaint Procedure of the Department of Professional and Financial Regulation, Office of Licensing and Registration as the procedure for investigating complaints against registrants.
EFFECTIVE DATE: June 21, 2005
AGENCY CONTACT PERSON: Elaine Thibodeau, Program Administrator, Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8617


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
CHAPTER NUMBER AND TITLE: Ch. 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas
ADOPTED RULE NUMBER: 2005-235
CONCISE SUMMARY: This rule establishes statewide standards for timber harvesting and related activities in shoreland areas. In general, timber harvesting activities in shoreland areas must protect shoreline integrity and not expose mineral soil that can be washed into water bodies, including nonforested freshwater and coastal wetlands and tidal waters. Timber harvesting and related activities in shoreland areas below the 300 acre drainage point must leave windfirm stands of trees that provide adequate shade. If located in shoreland areas, roads used primarily for timber harvesting and related activities must be constructed and maintained to standards designed to minimize the chance of exposed soil washing into water bodies, including wetlands. Stream crossings must not disrupt the natural flow of water and must not allow sediment into water bodies.
EFFECTIVE DATE: Contingent on 38 MRSA §438-B sub-§5
AGENCY CONTACT PERSON: Donald J. Mansius
AGENCY NAME: Maine Forest Service
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4906


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 27, Early Intervention Services
ADOPTED RULE NUMBER: 2005-236
CONCISE SUMMARY: Ch. II clarifies Early Intervention Services reimbursed by MaineCare. Group developmental therapy and co-therapy are more clearly defined, as are inclusive (mainstream) and special purpose services. The rule mandates that MaineCare providers of early intervention services have contracts with Child Development Services to be reimbursed for services. Language has been included to bring the rule in line with PL 2003, c. 676. It will enable children to continue services if turning age five between September 15th and October 15th of each school year when their parents wish to delay kindergarten enrollment. The rule includes a new, tiered system for developmental services provided in Special Purpose settings. The section of the rule incorporating eligibility for CDS services for certain six-year olds as mandated by PL 2003, c. 676, Sec. 8, will provide for this coverage as of August 6, 2004.
The rest of the rule will be effective July 1, 2005.
Ch. III includes new codes for developmental therapy that coincide with services outlined in Ch. II.
Updated language concerning Maine Care terminology has been included throughout the adopted rule.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2005
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: *Ch. 143, New Source Performance Standards
ADOPTED RULE NUMBER: 2005-237
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 143 National New Source Performance Standards has been amended to accept delegation for a variety of source categories that emit significant amounts of criteria air pollutants. This amendment to Ch. 143 updates the NSPS delegated to the State by the federal government to include any amendments to the federal rules since 2001 through July 1, 2004. It also includes standards for new categories of sources. The NSPS are delegated to the State by the federal government. The standards set forth in this chapter shall apply statewide. All standards will be implemented through the air emission licensing process.
CHAPTER NUMBER AND TITLE: Ch. 144, National Emissions Standards for Hazardous Air Pollutants (NESHAPS)
ADOPTED RULE NUMBER: 2005-238
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 144, National Emissions Standards for Hazardous Air Pollutants, to accept delegation for a variety of source categories that emit significant amounts of criteria air pollutants. This amendment to Ch. 144 updates the NESHAPS delegated to the State by the federal government to include any amendments to the federal rules since 2001 through July 1, 2004. It also includes standards for new categories of sources.
The NESHAPS are delegated to the State by the federal government. The standards set forth in this chapter shall apply statewide. All standards will be implemented through the air emission licensing process.
EFFECTIVE DATE: June 20, 2005
AGENCY CONTACT PERSON: Deborah Avalone-King
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7028