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Home > Weekly Newspaper Notices > February 7, 2007

February 7, 2007

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 141, Conformity of General Federal Actions
PROPOSED RULE NUMBER: 2007-P29
CONCISE SUMMARY: The Department is proposing to amend the Ch. 141 Conformity of General Federal Actions rule to incorporate recent changes to the Federal general conformity regulations that became effective on July 17, 2006. The changes to the Federal general conformity rule established PM2.5 de minimis emission levels for Federal actions covered by the general conformity program that are consistent with the 100 tons per year major source threshold for VOC and NOx emissions in subpart 1 areas under the 8-hour ozone implementation strategy.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/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 and 585-A
PUBLIC HEARING: March 1, 2007, 9:00 a.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: March 12, 2007. 5:00 p.m.
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 287-2437



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
RULE TITLE OR SUBJECT: Ch. 10, Determination of Assessments
PROPOSED RULE NUMBER: 2007-P30
CONCISE SUMMARY: This proposed rule change will allow the MHDO to use the amount of net patient service revenue as reported by the hospital on the standardized accounting template in determining the hospital’s share of the annual MHDO assessment fee. Currently, the net patient service revenue amount is taken from the hospital’s audited financial statement. See http://www.maine.gov/mhdo.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 8704(4), and 8706
PUBLIC HEARING: March 1, 2007 – 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
DEADLINE FOR COMMENTS: March 12, 2007
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Amendment to Ch. 40, Maine Restricted and Limited Use Pesticides, and Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBER: 2007-P31 and P32
CONCISE SUMMARY: The Board is proposing to amend Ch. 40 to transfer trichlorfon from the limited use list to the restricted use list, and to amend Section 2 of Ch. 41 to delete the historical use restrictions relative to trichlorfon and replace them with new use restrictions pertinent to the present day use of trichlorfon on turf. In addition, the Board is proposing to amend Section 4 of Ch. 41 to exempt purchasers of certain pond dyes from the applicator licensing requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: None Scheduled.
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, March 9, 2007
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287-7548
E-Mail: henry.jennings@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking .htm


ADOPTIONS



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources / Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2007-34
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, was amended to reflect the estimated administrative costs of operating the pool for calendar year 2007.
EFFECTIVE DATE: February 3, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 502, Registration, Reporting and Payment of Tax under the Special Fuel Tax Act
ADOPTED RULE NUMBER: 2007-35
CONCISE SUMMARY: The Rule has been repealed. It was unnecessary since its subject matter is adequately covered in statute.
CHAPTER NUMBER AND TITLE: Ch. 701, Redemption of Cigarette Tax Stamps and Meter Impressions
ADOPTED RULE NUMBER: 2007-36
CONCISE SUMMARY: The rule has been repealed. It was unnecessary since its subject matter is adequately covered in statute.
CHAPTER NUMBER AND TITLE: Ch. 702, Vending Machines
ADOPTED RULE NUMBER: 2007-37
CONCISE SUMMARY: The rule has been repealed. It was unnecessary since its subject matter is adequately covered in statute.
CHAPTER NUMBER AND TITLE: Ch. 705, Losses or Damage in Transit, by the Theft, Fire or Other Casualty
ADOPTED RULE NUMBER: 2007-38
CONCISE SUMMARY: The rule has been repealed. It was unnecessary since its subject matter is adequately covered in statute.
EFFECTIVE DATE: February 4, 2007
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681



AGENCY: 02-030 - Department of Professional and Financial Regulation, Office of Consumer Credit Regulation
CHAPTER NUMBER AND TITLE: Ch. 500, Continuing Education Requirements for Individuals Registered as Loan Officers, or Licensed as Supervised Lenders or Loan Brokers
ADOPTED RULE NUMBER: 2007-39
CONCISE SUMMARY: Ch. 274 of the Public Laws of 2005 permits the Office of Consumer Credit Regulation to “adopt rules requiring that applicants [for licensure as either a supervised lender or a loan broker] …and employees of applicants satisfy initial and continuing educational requirements.” This rule implements the statute by establishing such operational details as minimum hours, course content and reciprocity allowances. In addition, the rule clarifies that the educational requirements will apply to two categories of individual: first, loan officers of supervised lenders and loan brokers; and second, sole proprietors who are licensed as supervised lenders or loan brokers and who perform the functions of loan officers.
EFFECTIVE DATE: February 10, 2007
AGENCY CONTACT PERSON: Doris Whitaker, Office of Consumer Credit Regulation, 122 Northern Avenue, Gardiner, ME 04345
TELEPHONE: (207) 624-8527