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Home > Weekly Newspaper Notices > November 21, 2007

November 21, 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.


ANNOUNCEMENT



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: TANF Caseload Reduction Report
CONCISE SUMMARY: This is not a policy. It is an announcement.
The Department of Health and Human Services, Office of Integrated Access and Support announces that the TANF Caseload Reduction Report is available for review and comment at:
Department of Health and Human Services, Office of Integrated Access and Support, 268 Whitten Road, Augusta, ME 04333
THIS WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: N/A
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: January 1, 2008
AGENCY CONTACT PERSON Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (800) 606-0215 (Deaf/Hard of Hearing)


PROPOSALS



AGENCY: 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT: Ch. (New), Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars
PROPOSED RULE NUMBER: 2007-P314
CONCISE SUMMARY: This chapter describes the procedures under which tobacco manufacturers may file statements for flavored cigarette or cigar products, first marketed prior to January 1, 1985, that are not banned for sale in Maine; and procedures under which tobacco manufacturers may request the Attorney General, upon findings, exempt certain flavored tobacco products first marketed after January 1, 1985 from the prohibition against sales in Maine. Pursuant to 22 MRSA§1560-D, the Office of the Attorney General is responsible for administering the exemptions to the ban on flavored cigarettes and cigars, and for promulgating these Rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §1560-D(9)
PUBLIC HEARING): December 13, 2007, 10 a.m., Burton Cross State Office Building, Room 600, 111 Sewall Street, Augusta
DEADLINE FOR COMMENTS: December 26, 2007
AGENCY CONTACT PERSON: John Archard, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8837



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2007-P315
CONCISE SUMMARY: Effective January 1, 2008, the member co-payment for generic drugs under the Part D Wrap Benefits will increase from $2.15 to $2.25 per prescription. The co-pay increase is necessary in order to comply with the federal guidelines. Additionally, Section 4.03 is being updated in order to clarify the eligibility and enrollment requirements for Part D Wrap Benefits.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §254-D
PUBLIC HEARING:
Date: December 10 at 10:00 a.m.
Location: Conference Room 2, 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 December 3, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 20, 2007.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Repeal and replacement of Ch. 103, Rule for the Sensible Transportation Policy Act
PROPOSED RULE NUMBER: 2007-P316
CONCISE SUMMARY: When making capital investment and project decisions, MaineDOT will work with the Maine Turnpike Authority (MTA) , metropolitan planning organizations (MPOS), regional planning organizations (RPOs) and municipalities to develop polices that consider land-use impacts and meet Maine's goal to minimize sprawl and its costly effects.
The proposed changes would affect significant transportation projects addition of travel lanes, construction of new collectors or arteries, and non-highway investments that add transportation capacity. Before undertaking such projects, MaineDOT, MTA and MPOs may consider or recommend land-use strategies that preserve corridor capacity, manage corridor mobility, protect public investments in Maine's transportation system and reduce the costs of sprawl by promoting transportation-efficient land use patterns.
Because MaineDOT lacks land-use authority, the agency may create incentives to reward communities that work to minimize sprawl and preserve public investment in Maine's transportation network. Such incentives would include bonus points in MaineDOT competitive funding programs, reductions in local match requirements for transportation projects and bonus points for highway reconstruction and transportation mobility projects.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA §73, as amended by PL 2003, c.22
PUBLIC HEARING: 12:30 p.m. December 13, 2007, Room 216, Transportation Building, Child Street, Augusta, Maine.
DEADLINE FOR COMMENTS: 10 a.m., Monday, December 24, 2007
AGENCY CONTACT PERSON: Gerry Audibert, Director, Department of Transportation, Bureau of Planning, Division of Policy Development and Statewide Planning, 16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3315



AGENCY: 10-144 - Maine Center for Disease Control and Prevention, DHHS
RULE TITLE OR SUBJECT: Ch. (New), Rules Governing the Qualifications for Local Health Officers
PROPOSED RULE NUMBER: 2007-P317
CONCISE SUMMARY: This proposed rule provides the training requirements for Local Health Officers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Sec. 1. 22 MRSA §451
PUBLIC HEARING: 1:30 p.m., December 12, 2007, Maine CDC Offices, 286 Water Street, Augusta, Maine, Conference Room 16 (first floor of the Key Bank Building)
DEADLINE FOR COMMENTS: 5:00 p.m., December 26, 2007
AGENCY CONTACT PERSON: Christine Zukas-Lessard, Maine CDC, DHHS, 11 State House Station, Augusta, ME 0433-0011
TELEPHONE: (207) 287-5179



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.30, Sea Urchin Zone Council Elections
PROPOSED RULE NUMBER: 2007-P318
CONCISE SUMMARY: These proposed regulations would establish the basic criteria to hold elections for the seven members of the Sea Urchin Zone Council (SUZC) by industry license-holders in accordance with a recent law change sponsored by representatives of the sea urchin industry. Public law 2007 Chapter 176 (12 MRSA §6749-X) changed the composition and selection of the SUZC to having seven of its members elected by industry. The law also changed the total number of council members from 19 to 15 members.
STATUTORY AUTHORITY: 12 MRSA §6749-X(1-A)
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6550)
PUBLIC HEARING: Monday, December 10, 2007, 6:00 p.m., State Ferry Terminal (Conf. Rm.), 517A Main Street, Rockland
DEADLINE FOR WRITTEN COMMENTS: December 20, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #239P: Support Services Waiver for Individuals with Mental Retardation or Autistic Disorder
PROPOSED RULE NUMBER: 2007-P319
CONCISE SUMMARY: The Department proposed this rule to explain the financial eligibility for the Support Services Waiver. This rule is being proposed in tandem with the Office of MaineCare Services rule: MaineCare Benefits Manual Chapter 101 Section 29 Chapters 2 and 3. This rule will allow individuals, 18 or older with Mental Retardation or Autistic Disorder, to receive the support necessary to live independently.
This rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174 and 1915(c) of the Social Security Act
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 21, 2007
AGENCY CONTACT PERSON Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800)-606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 16-222 - Maine Department of Public Safety, Bureau of the Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4.1, Maine Motor Carrier Safety Regulation – Part 1
ADOPTED RULE NUMBER: 2007-484
CONCISE SUMMARY: The Bureau of the Maine State Police adopts and incorporates by reference into this regulation Title 49 Parts 40, 382, 390, 392, 393, 396, and Appendices to Subchapter B, of the Code of Federal Regulations, as amended, without State amendments. This regulation applies to any interstate or intrastate common, contract, and private motor carrier that transports passengers or property in Maine.
EFFECTIVE DATE: November 19, 2007
AGENCY RULE CONTACT PERSON: JOHN FRASER, Bureau of the Maine State Police, 20 State House Station, Augusta, ME 04333-0020
A copy of the Federal Motor Carrier Safety Regulations (August 2007) may be purchased from J.J. Keller & Associates, Inc. at www.jjkeller.com.
TELEPHONE: (207) 624-8914



AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 150, Control of Emissions from Outdoor Wood Boilers
ADOPTED RULE NUMBER: 2007-485
CONCISE SUMMARY: The Board of Environmental Protection adopted a new rule, Chapter 150, Control of Emissions from Outdoor Wood Boilers, that establishes requirements for the sale and installation of new outdoor wood boilers, including particulate emission standards, requirements for setback from, neighboring properties, a minimum stack height and provisions for the sell-through of existing inventory. The rule also contains general provisions that apply to all outdoor wood boilers. These include prohibited fuels, allowed fuels, notice to buyers, owner manual requirements and a method to address nuisance conditions. 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/recentlyadopted.htm.
EFFECTIVE DATE: November 9, 2007
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437



AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities & Maine's 111(d) MWC State Plan for Large and Small Facilities
ADOPTED RULE NUMBER: 2007-486
CONCISE SUMMARY: This rule incorporates federal Clean Air Act requirements for maximum available control technology to limit toxic air emissions from municipal waste combustion. It incorporates a stringent emission limit for mercury emission in Maine beyond that set by the federal standards.
EFFECTIVE DATE: November 14, 2007
AGENCY CONTACT PERSON: Deb Avalone-King, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437