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Weekly Rulemaking Notices Contact Us Find It

September 14, 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/rules/.


PROPOSALS

AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Amendments to Ch. 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances (republication; comment deadline extended)
PROPOSED RULE NUMBER: 2005-P179
CONCISE SUMMARY: This rule will amend the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, the model ordinance that contains the minimum standards that municipalities must incorporate into municipally adopted ordinances for shoreland areas. Shoreland areas include those areas within 250 feet on the normal high-water line of any great pond, river or saltwater body, within 250 feet of the upland edge of a freshwater or coastal wetland, or within 75 feet of the normal high-water line of a stream.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities will be required to update their respective municipal shoreland zoning ordinances to be consistent with the amended Rule. The fiscal impact will be the cost of amending those locally adopted ordinances.
STATUTORY AUTHORITY: 38 MRSA §438-A(1)
PUBLIC HEARING: The public hearing was held on September 8, 2005 at the Holiday Inn/Ground Round in Augusta, Maine at 2:30 p.m. At the hearing the Board of Environmental Protection voted to extend the written comment period.
DEADLINE FOR COMMENTS: October 19, 2005 at 5:00 p.m. Comments may be submitted by mail at the address below, by fax at (207) 287-7191 or by e-mail at Rich.P.Baker@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 e-mail is on the sender.
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


AGENCY: 06-096 Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2005-202
CONCISE SUMMARY: The purpose of this rulemaking is to adopt California's green house gas emission (GHG) standards for new motor vehicles commonly referred to as the "Pavley" standards. These climate change emission standards will be incorporated into Ch. 127, the CA Low Emission Vehicle (LEV) program for light and medium duty vehicles. The standards will phase in beginning with 2009 model year through 2016, allowing changes to be made as part of the automobile manufacturers' product improvement cycle. The regulation allows significant flexibility for manufacturers to average emissions across their vehicle models, bank excess credits for later use and trade credits in order to meet the GHG emission standards.
Motor vehicle emissions account for approximately 25% of total anthropogenic GHG emissions in the Northeast. Motor vehicle miles traveled are predicted to increase representing the fastest growing portion of the region's overall GHG inventory. The northeast states are committed to reducing GHG emissions that contribute to climate change, and therefore are seeking to address the emissions contribution from vehicles.
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 HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA Section 585-A provides that the Board of Environmental Protection may establish and amend regulations to implement ambient air quality standards and emission standards. These amended regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent air pollution.
38 MRSA Section 585-D provides that the Board of Environmental Protection may adopt and enforce standards that meet the requirements of Section 177 of the Federal Clean Air Act, relating to control of emissions from new motor vehicles or new motor vehicle engines.
PUBLIC HEARING: October 6, 2005, 1:00 p.m., Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: October 16, 2005
AGENCY CONTACT PERSON: Lynne Cayting
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2005-368
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2005 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: September 7, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 01-001 - Department of Agriculture; Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 122, Fee Schedule for Inspection of Agricultural Commodities
CONCISE SUMMARY: The Department has amended its fee schedule for inspection and other Quality Assurance & Regulations work, Fees are amended as follows: (1) Berries increased from $ .02 to $ .03 per pint; (2) Maple syrup increased from $2.00 to $2.50 per barrel; (3) Fresh potatoes non-Maine bag increased from $ .10 to $ .11 per hundredweight; (4) Fresh potatoes Maine bags increased from $ .08 to $ .09 per hundredweight; (5) Fresh potatoes bulk decreased from $ .14 to $ .11 per hundredweight; (6) Potato processing fees changed from a per week charge to $ .062 per hundredweight; (7) Fees for Good Agricultural/Good Handling practices audits are established at $75.00 per hour per inspector. A minimum fee of $35.00 is established for all work performed. Various fees are established for overtime, holidays and varying levels of service.
These fees may be reviewed by the Department six (6) times during the shipping season to determine if they accurately reflect the cost of providing the service.
EFFECTIVE DATE: September 12, 2005
AGENCY CONTACT PERSON: David E. Gagnon
AGENCY NAME: Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7522


AGENCY: 02-031 Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Rule Ch. 825, Procedures and Standards for Obtaining a Hardship Exemption from Submitting Electronic Health Claims
ADOPTED RULE NUMBER: 2005-373
CONCISE SUMMARY: Title 24 MRSA 2985 provides that a health care practitioner, as defined in 2502, must use the current standardized claim form approved by the Federal Government and must submit claims in electronic data format. A health care practitioner or group of health care practitioners with fewer than 10 full-time-equivalent health care practitioners and other employees is exempt from the requirement to submit claims in electronic data format until October 16, 2005. Beginning October 16, 2005, a health care practitioner or group of health care practitioners with fewer than 10 full-time-equivalent health care practitioners and other employees may apply to the Superintendent of Insurance for a continued exemption from the requirement to submit claims in electronic data format based upon hardship. The statute requires the Superintendent of Insurance to adopt rules establishing a process for requesting a hardship exemption and establishing a standard for determining whether a practitioner has demonstrated hardship. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
EFFECTIVE DATE: September 13, 2005
AGENCY CONTACT PERSON: Vanessa Leon
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
PHONE: (207) 624- 8452