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Home > Weekly Newspaper Notices > April 29, 2009

April 29, 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 .



PROPOSALS


AGENCY:  01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT:  Ch. 3, Schedule of Minimum Prices Order #06-09
PROPOSED RULE NUMBER: 2009-P97
CONCISE SUMMARY:  The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA Section 2954.
SEE INFORMATION AT OUR WEBSITE:  http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING:  May 22, 2009, Friday, starting at 1:30 pm, Room 233, Department of Agriculture, Food and Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS:  May 22, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-7521  
E-MAIL: tim.drake@maine.gov


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Amendment of Permit by Rule Standards, 06-096CMR 305
PROPOSED RULE NUMBER: 2009-P98
CONCISE SUMMARY:  The Department is proposing amendments to Section 16 Activities in coastal sand dunes that are major substantive rules.  Proposed amendments include allowing several new activities in coastal sand dunes, such as open and cobble-trapping fences, and other activities in existing developed areas.  Also proposed is the addition of new submission requirements and standards to ensure projects are properly perfumes.  In addition, definitions have been added, deleted or modified to align with the definitions in the Coastal Sand Dune Rules, 06-096 CMR 355, which was amended in 2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA §§341-D(1-B); 38 MRSA §480-H
PUBLIC HEARING:  May 21, 2009, 9:00 am, Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME  04330
DEADLINE FOR COMMENTS:  June 1, 2009.  Comments may be submitted by mail, e-mail or fax to the contact person listed below.  To ensure the comments are considered, they must include your name and the organization you represent, if any.  A copy of the rule is available upon request from the contact below, and on the web at:  http://www.maine.gov/dep/blwq/rule.htm

A copy of the small business economic impact statement may be obtained from the contact below.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Mike Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 287-4728; FAX:  (207) 287-7826
E-MAIL: mike.mullen@maine.gov
OVERALL DEP RULE-MAKING LIAISON: terry.hanson@maine.gov


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Amendment of Permit by Rule Standards, 06-096CMR 305
PROPOSED RULE NUMBER: 2009-P99
CONCISE SUMMARY:  The proposed amendments include new submission requirements in certain sections of the rule for describing and detailing the scope of proposed activities.  New standards are proposed to be added that require adherence to the descriptions and details submitted with the notification form.  Other proposed amendments include:

  • Limiting access ways to natural resources to paths, steps and stairs;
  • Eliminating riprap on the coastal shoreline as eligible for the permit by rule process;
  • Adding language to the riprap definition to clarify and limit the type of rock acceptable for use;
  • Requiring that culverts be set fully on or in the stream bed and riprapped at both ends; and
  • Allowing new activities in existing developed areas in significant vernal pool habitat.

In addition, other amendments are proposed to clarify definitions and standards that would minimally, if at all, limit the applicability of the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA §§341-D(1-B); 38 MRSA §480-H
PUBLIC HEARING:  May 21, 2009, 9:30 am, Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME  04330
DEADLINE FOR COMMENTS:  June 1, 2009.  Comments may be submitted by mail, e-mail or fax to the contact person listed below.  To ensure the comments are considered, they must include your name and the organization you represent, if any.  A copy of the rule is available upon request from the contact below, and on the web at:  http://www.maine.gov/dep/blwq/rule.htm
A copy of the small business economic impact statement may be obtained from the contact below.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Mike Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 287-4728; FAX:  (207) 287-7826
E-MAIL: mike.mullen@maine.gov
OVERALL DEP RULE-MAKING LIAISON: terry.hanson@maine.gov


AGENCY:  10-144 – Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
RULE TITLE OR SUBJECT:  Maine Cross Connection Rules (10-144A CMR 226)
PROPOSED RULE NUMBER: 2009-P100
CONCISE SUMMARY:  These rules are designed to regulate, control, and prevent the contamination of drinking water by the backflow of water or other liquids, mixtures or substances into the distribution pipes of a water supply system from a source or sources other than its intended source.  These proposed rule changes are intended to clarify the Drinking Water Program’s requirements for public water systems to control cross connections and follow the Maine Plumbing Code.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §§42(1), 42(3), 2612 (2) and 2612 (5)
PUBLIC HEARING:  May 20, 2009 at Conference Room 16, Key Bank Plaza, Augusta, Maine
DEADLINE FOR COMMENTS:  May 30, 2009
AGENCY CONTACT PERSON:  Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME  04333-0011
TELEPHONE:  (207) 287-5680, TTY:  (207) 287-5550
E-MAIL:  tera.pare@maine.gov



ADOPTIONS


AGENCY:  05-071 – Department of Education - State Board of Education
CHAPTER NUMBER AND TITLE:  Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER:  2009-169 
CONCISE SUMMARY:  On April 8, 2008, the Maine State Legislature emergency adopted P.L. Chapter 578, An Act To Preserve Successful Historic Neighborhood Schools.  In accordance with P.L. 578, amendments to Section 8 and Section 9 of Chapter 61 are being proposed to outline the criteria under which a waiver of the requirements of 20-A MRSA §15908-A, School energy efficiency standards rules, may be granted.  P.L. 578 establishes these changes as routine technical and will be processed as such in accordance with the Administrative Procedure Act.
EFFECTIVE DATE:  April 22, 2009
AGENCY CONTACT PERSON:  Jaci Holmes, Federal Liaison, Department of Education, 23 State House Station, Augusta, ME  04333-0023
Telephone:  (207) 624-6669
E-MAIL: jaci.holmes@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: greg.scott@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 5, Ambulance Services
ADOPTED RULE NUMBER:  2009-170
CONCISE SUMMARY:  The adopted rules reflect changes to this section to increase Ambulance Services base rates that will include ancillary services.  Ancillary Services, which include oxygen, oxygen administration supplies such as disposable oxygen masks, intravenous therapy, EKG, endotracheal intubation, pulse oximetry, telemetry and defibrillation, will no longer be billed separately.  RN services will also no longer be billed separately as the base rate for Specialty Care Transport has been increased.  A definition of Specialty Care Transport has been added.  These changes are being made so only HIPAA compliant codes will be utilized. Other changes to this section were made to update policy language. 
The proposed rule does not impose an economic burden on small business, municipalities or counties. 
See  http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  May 21, 2009
AGENCY CONTACT PERSON:  Darrell S. Wood, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6348, FAX: (207) 287-9369, TTY: 1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
EMAIL:  darrell.s.wood@maine.gov

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov