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Home > Weekly Newspaper Notices > February 25, 2009

February 25, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 125, Perchloroethylene Dry Cleaner Regulation
PROPOSED RULE NUMBER: 2009-P14 (hearing rescheduled)
CONCISE SUMMARY: The Department of Environmental Protection proposes to adopt amendments to the Perchloroethylene Dry Cleaner Regulation. The proposed amendments will prohibit the installation of new dry cleaners in a building with a residence, or with a day care center, a health care facility, a prison, an elementary school, a middle or high school, a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly; require that co-located dry cleaners cease operations on December 21, 2020; require all drycleaners to inspect equipment weekly with a halogenated hydrocarbon detector; and will limit to seven days the amount of time dry cleaning equipment can operate while awaiting repairs.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can 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 §585A
PUBLIC HEARING: Rescheduled to March 19, 2009, 9:30 a.m., Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: March 30, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04353
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641
E-MAIL: Andrea.Lani@Maine.gov
OVERALL DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. X Section 2, Non-Categorical Adults
PROPOSED RULE NUMBER: 2009-P34
CONCISE SUMMARY: The Department proposes to repeal MaineCare Benefits Manual, Ch. X Section 2, Benefits for Childless Adults, because most of the sub-sections duplicate rules in the MaineCare Eligibility Manual, Section 11000, and promulgate a new Ch. X Section 2, now called Non-Categorical Adults, listing the covered services for this coverage group. In July 2008, the Department repealed sections 58, 100, and 111, and incorporated those services into Section 65 services. The covered services have not changed but the list of covered services has been revised to reflect the changes made in the consolidated MaineCare Benefits Manual, Ch. II Section 65, Behavioral Health Services rules, adopted as final rules on October 29, 2008.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (3, (42, (3173; Centers for Medicare and Medicaid Services, Section 1115 Waiver # 11-W-00158/1
PUBLIC HEARING: March 17, 2009 10:00 a.m., Conference Room 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person below before March 3, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 27, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Melanie Miller, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4459
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Melanie.Miller@Maine.gov
RULE-MAKING LIAISON FOR THE ENTIRE DEPARTMENT: Marina.Thibeau@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP)
RULE TITLE OR SUBJECT: Ch. 159, Control of Volatile Organic Compounds from Adhesives and Sealants
PROPOSED RULE NUMBER: 2009-P35
CONCISE SUMMARY: The Department is proposing to adopt Ch. 159 to address volatile organic compound (VOC) emissions from adhesives, sealants, adhesive primers and sealant primers. The proposed amendments will place VOC limits on approximately 40 categories of products and will include work practice requirements for those using the regulated products for compensation.
Copies of this rule are available at www.maine.gov/dep/air/regulationdev.htm or upon request by contacting the Agency contact person listed below. 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 19, 2009, 9:00 a.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: March 30, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Andrea Lani, Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641
E-MAIL: Andrea.Lani@Maine.gov
RULE-MAKING LIAISON FOR ALL OF DEP: Terry.Hanson@Maine.gov



AGENCIES:
06-096 - Maine Department of Environmental Protection (DEP), and
94-376 - Maine Municipal Bond Bank (MMBB)
RULE TITLE OR SUBJECT: Ch. 595, State Revolving Fund
PROPOSED RULE NUMBER: 2009-P36 and P37
CONCISE SUMMARY: There is a high likelihood that the federal government will provide stimulus money to the Clean Water State Revolving Fund (SRF) in order to create construction jobs to build infrastructure projects. The legislation could allow funding incentives such as 0% interest loans or principal forgiveness in order to move projects quickly to construction. Chapter 595 currently does not have flexibility to make loans of this nature. This rule change will allow the SRF to make loans at or below 0% and allow principal forgiveness. The current rules also allow the interest rate to be reduced to accommodate fees so there will be no increase in cost to the borrowers. However, at 0% interest, there is no ability to reduce the interest rate to accommodate fees. This rule change will allow fees to be charged even with a 0% interest rate or principal forgiveness. Finally, references to a federal regulation that no longer apply to the SRF are deleted and other minor corrections are made.
The draft amendments are available at: http://www.maine.gov/dep/blwq/rule.htm
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. This will have a positive impact on municipalities and districts because it will allow the SRF to provide principal forgiveness and 0% interest loans instead of low interest loans, with the result of savings to borrowers.
STATUTORY AUTHORITY: 30-A MRSA §5959
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by the comment deadline below.
DEADLINE FOR COMMENTS: March 30, 2009 at 5:00 p.m. Comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any.
DEP CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Steve McLaughlin, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7768
FAX: (207) 287-3435
E-MAIL: Steve.A.McLaughlin@Maine.gov
RULE-MAKING LIAISON FOR ALL OF DEP: Terry.Hanson@Maine.gov
MMBB CONTACT PERSON: Karen Asselin, Maine Municipal Bond Bank, P.O. Box 2268, Augusta, Maine 04338-2268
TELEPHONE: (207) 622-9386
FAX: (207) 623-5359
E-MAIL: kla@mainebondbank.com



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services
RULE TITLE OR SUBJECT: Ch. 128, Rules Governing the Maine Registry of Certified Nursing Assistants (Repeal and Replace)
PROPOSED RULE NUMBER: 2009-P38
CONCISE SUMMARY: The proposed rules replace the current Rules Governing the Maine Registry of Certified Nursing Assistants (CNA Registry). Pursuant to Public Law 2003, chapters 376, 416, 599, and 634; Resolves 2003 chapter 96; and revisions made to the Maine Board of Nursing rules (02-380 C.M.R. Ch. 5), the following provisions were amended: employment restrictions for crimes committed within the last 10 years (Sec. 2.5 ); CNA training course instructors must notify applicants about the employment restrictions (Sec. 3.2.1.2 ); the Bridge Examination process (Section 3.2.2); and registry notations of convictions and substantiated complaints (Sections 4.3.6 and 4.3.7). An annotated CNA may not work as a CNA, or as an unlicensed assistive personnel, for nursing facilities, hospitals, home health agencies, assisted housing programs, adult day services programs, personnel care agencies and placement agencies, or temporary nurse agencies (Sec. 2.5.4). As part of their application process, CNA training programs must secure, and pay for, a criminal background check on individuals who enroll in a training program (Sec. 3.2.1.3). The proposed rules include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage.
ECONOMIC IMPACT ON SMALL BUSINESSES. [Applies to businesses with 20 or fewer employees.] DHHS has determined that the proposed rules that replace the repealed Rules Governing the Maine Registry of Certified Nursing Assistants can be implemented within existing resources and no economic impact statement is required.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 1812-G and 22-A MRSA §205; and Public Law 2003, chapters 376, 416, 599, and 634 and Resolves 2003 chapter 96.
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: March 27, 2009 at 5 p.m.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE: Phyllis Powell, Assistant Director, DHHS, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-9338
FAX: (207) 287-5807
E-MAIL: Phyllis.Powell@Maine.gov
OVERALL RULE-MAKING LIAISON FOR DHHS: Marina.Thibeau@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease and LPA License Regulations, Updates
PROPOSED RULE NUMBER: 2009-P39
CONCISE SUMMARY: The proposed amendments to Ch. 2 would update the form of application fee payments now acceptable (no application fee changes are proposed); reduce the rent for the first two years for certain leases; remove outdated language regarding discharge type leases; implement greater flexibility in the format of the LPA license applications and decision documents; require a municipal signature when an LPA is located in the intertidal area of a municipality with a shellfish program; eliminate the prohibition on LPA’s between extreme low and mean low water marks in municipalities with shellfish committees; add scallops to the approved species list for LPA’s and gear descriptions for scallop culture; add a new section on aquaculture lease site workers operating under the authority of a shellfish license holder; update notice provisions, and correct references throughout the chapter that have been repealed or revised. A copy of the current Ch. 2 is available online at: http://www.maine.gov/sos/cec/rules/13/chaps13.htm. A copy of the proposed rule is available online at the web site listed below or from the contact persons listed.
STATUTORY AUTHORITY: 12 MRSA §§ 6072, 6072-A, 6072-C and §6601, sub§2-A
PUBLIC HEARING: Monday, March 16, 2009, 6:00 p.m., DMR Large Conference Room, 194 McKown Point Road, West Boothbay Harbor. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: March 26, 2009. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSONS FOR THIS FILING: Diantha Robinson ((207) 633-9531, e-mail Diantha.Robinson@Maine.gov) or Laurice Churchill (see below)
MAIL WRITTEN COMMENTS TO DMR’S RULE-MAKING LIAISON: DMR, attn.: Laurice Churchill, PO Box 8, West Boothbay Harbor, ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
E-MAIL: Laurice.Churchill@Maine.gov


ADOPTIONS



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 400, General Provisions (revised)
Ch. 409, Processing Facilities (revised)
Ch. 410, Composting Facilities (new chapter)
ADOPTED RULE NUMBER: 2009-71 through 73
CONCISE SUMMARY: The Department of Environmental Protection changes parts of the Solid Waste Management Rules. The changes include the creation of a new rule chapter, 06096 CMR Ch. 410, Composting Facilities, and revisions to 06-096 CMR Ch. 400, General Provisions, and to 06-096 CMR Ch. 409, Processing Facilities.
These revisions remove composting regulations from 06-096 CMR 409 and create a composting facilities chapter 09-096 410. These revisions add new definitions to 09-096 CMR 400, establish transition provisions for compost facilities previously licensed under 09-096 and create new composting exemptions from Department of Environmental Protection solid waste rules for agriculture composting operations.
EFFECTIVE DATE: February 18, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Carla Hopkins, Department of Environmental Protection, 17 State House Station, Augusta, Me 04333
TELEPHONE: (207) 287-8491
E-MAIL: Carla.J.Hopkins@Maine.gov
OVERALL DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 16-633 - Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machine Location and Hours of Operation
ADOPTED RULE NUMBER: 2009-74
CONCISE SUMMARY Rule change would allow for Sunday opening to be 08:00 a.m. instead of noon.
EFFECTIVE DATE: February 22, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Robert P. Welch, Gambling Control Board, 45 Commerce Drive Suite #3 Augusta, Maine 04333-0087
TELEPHONE: (207) 626-3901
E-MAIL: Robert.Welch@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program: Rev. #164A: Simplified Reporting Expansion
ADOPTED RULE NUMBER: 2009-75
CONCISE SUMMARY: This rule will place all Food Supplement Program households on Simplified reporting, eliminating the Change Reporting type reporting requirement rules for elderly, disabled, homeless, and migrant farm worker households. Elderly and/or disabled households with no earned income will not be required to submit a six month (mid-certification) report and will have limited reporting requirements within the certification period. Households will always have the option to report any changes anytime it believes benefits may increase as a result of the change. This rule also clarifies current Simplified Reporting policy concerning making changes that affect Food Supplement benefits within the certification period.
This rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE: February 1, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Robert L. Thibodeau, Program Manager, Food Supplement Program, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215
E-MAIL: Bob.Thibodeau@Maine.gov
OVERALL DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #246A: SSI COLA Increase 2009
ADOPTED RULE NUMBER: 2009-76
CONCISE SUMMARY: The SSI COLA increase of 5.8% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Homes and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $109,560.
The maximum monthly income to a community spouse of a nursing home resident increases to $2,739. The nursing care private rate has been updated.
These changes will not have any adverse impact on small businesses.
EFFECTIVE DATE: January 1, 2009
CONTACT PERSON FOR THIS FILING: 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 ME 04333-0011
TELEPHONE: (207) 287-5083
TTY: (800) 606-0215
E-MAIL: Bethany.Hamm@Maine.gov
OVERALL DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.10(H)(1), Atlantic Sea Scallop Limitations, Closed Areas (emergency regulations)
ADOPTED RULE NUMBER: 2009-77 (emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to modify four of six emergency closures to protect Maine’s scallop resource due to the risk of unusual damage or imminent depletion of the scallop resource. In Casco Bay the closure was split into a western and an eastern closed area; Western Penobscot Bay; in Mount Desert the closure was split in both Frenchman and Blue Hill bays; and the Eastern closure is also modified. An updated copy of the rules is available online at http://www.maine.gov/dmr/rulemaking/ or to receive a copy by mail see agency contact information below.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: February 21, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov