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Home > Weekly Notices > December 29, 2010

December 29, 2010

WEEKLY NOTICES 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 (DEP)
CHAPTER NUMBER AND TITLE: Ch. 693, Operator Training for Oil and Hazardous Substance Storage Facilities
PROPOSED RULE NUMBER: 2010-P339
CONTACT PERSON FOR THIS FILING: Jeff Madore, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7848. Fax: (207) 287-7826. E-mail: Jeff.G.Madore@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING: None scheduled. Reposted for public comment only.
COMMENT DEADLINE: 5:00 p.m., January 28, 2011. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: This rule establishes training requirements for operators of underground oil storage facilities regulated under 38 MRSA §§ 561 through 570-L and underground hazardous substance storage facilities regulated under Rules For Underground Hazardous Substance Storage Facilities, 06-096 CMR ch. 695. The training requirements specified in the proposed rule are modeled after guidelines provided by USEPA (Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005 (August 2007)). The proposed rule establishes three operator classes (A, B, and C) and sets out the specific training requirements for each class of operators. The rule also requires the department to develop and administer operator training and testing requirements.
The Board held a public hearing on the draft rule in Augusta on October 7, 2010. The comment deadline was October 18, 2010 at 5:00 pm. Comments received at the public hearing and during the comment period focused primarily on:
* Extending the timeline for recertification from the proposed one year to a multi year time period.
* Allowing for the use of company/facility or third party training programs to substitute for the department’s TankSmart training program.
* Extending the effective date of the rule from January 1, 2011 to a later date.
* Adding a retraining/recertification requirement should the department consider extending the timeline for recertification beyond one year.
The department has considered these comments and amended the draft rule to address a number of comments. Due to the extent and substantial nature of the proposed changes to the draft rule from the version that was the subject of the public hearing on October 7, the department is reposting an amended draft rule, Ch. 693, Operator Training for Oil and Hazardous Substance Storage Facilities, to public comment for an additional 30 day comment period.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-B), 38 MRSA §564(2-A)(L). 38 MRSA §1364(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Law - Federal Energy Policy Act of 2005; State Law - P. L. 2009, Ch. 319, An Act to Continue Coverage of Oil Cleanup Costs and Improve Administration of the Ground Water Oil Clean-up Fund.
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 323, Dental Equipment Revolving Loan Program
PROPOSED RULE NUMBER: 2010-P340
CONTACT PERSON FOR THIS FILING: Katryn Gabrielson, Deputy General Counsel, PO Box 949, Augusta, ME 04332-0949. Telephone: (800) 228-3734 ext. 3515. Fax: (207) 623-0095. E-mail: kgabrielson@famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Thursday, January 20, 2011 @ 10:30 a.m. at Finance Authority of Maine, 5 Community Drive, Augusta, Maine
COMMENT DEADLINE: January 31, 2011
BRIEF SUMMARY: This rule sets forth the procedures, standards and fees applicable to a direct loan program to be administered by the Authority in cooperation with the State of Maine, Department of Health and Human Services (DHHS) for the purchase, replacement, or upgrading of equipment for use in dental care facilities necessary to expand access to dental care to the citizens of Maine. The program is funded by a grant obtained by DHHS through the federal Public Health Service Act.
IMPACT ON MUNICIPALITIES OR COUNTIES: none expected.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A(14); 42 U.S.C. §256g
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.famemaine.com
AGENCY RULE-MAKING LIAISON: croney@famemaine.com



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 13
PROPOSED RULE NUMBER: 2010-P341
CONTACT PERSON FOR THIS FILING: Katryn Gabrielson, Deputy General Counsel, PO Box 949, Augusta, ME 04332-0949. Telephone: 1-(800) 228-3734 ext. 3515. Fax: (207) 623-0095. E-mail: kgabrielson@famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Thursday, January 20, 2011 @ 10:30 a.m. at Finance Authority of Maine, 5 Community Drive, Augusta, Maine
COMMENT DEADLINE: January 31, 2011
BRIEF SUMMARY: The amendment modifies the Initial Matching Grant (IMG) for Maine accounts by removing the family adjusted gross income limitation and by limiting the IMG to accounts for beneficiaries older than one year old, or one year old or younger if such beneficiary is not a Maine resident. The amendment modifies the Annual Matching Grant (AMG) for contributions made to Maine accounts by removing the family adjusted gross income limitation and by allowing the Authority to limit the number of years an account for any one beneficiary may receive the AMG. The amendment creates a new one-time grant for Maine accounts for which any automated funding service option is implemented. The benefits of the revised and new matching grants are only available to an eligible Maine account opened on or after January 1, 2011 for a beneficiary not previously named as such on another NextGen account. The amendment makes other minor modifications to matching grant programs.
IMPACT ON MUNICIPALITIES OR COUNTIES: none expected.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A; 20-A MRSA §11485
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.famemaine.com
AGENCY RULE-MAKING LIAISON: croney@famemaine.com



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 75, Vision Services
PROPOSED RULE NUMBER: 2010-P342
CONCISE SUMMARY: The Department is proposing the following changes to the rule: (1) that prosthetics be provided only by ophthalmologist or optometrist, since opticians are not licensed to provide this service; (2) that prior authorization be deleted for tint, photochromatic or ultraviolet lenses, however, the Department is adding medically necessary requirements for these lenses into the rule; (3) that the Department’s authorized agent be utilized for certain services; (4) that there is no one year warranty for normal wear and tear for articles purchased under the Vision Care Volume Purchase Contract; (5) deleting the provision that allows providers to determine a need for repair/replacement of glasses/lenses; and (6) proposing that the Contractor be responsible for furnishing postage-paid mailers to providers for returning defective items to the Contractor and, if used, the Contractor assumes financial responsibility.
See http://www.maine.gov/oms/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 §§ 42(l), 3173.
PUBLIC HEARING: Tuesday, January 18, 2011, @ 10:30 a.m., Conference Room 3, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the public hearing please contact the agency person listed below before January 11, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Sunday, January 30, 2011.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 16-633 - Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
ADOPTED RULE NUMBER: 2010-636
CONCISE SUMMARY: This rule would allow the Slot Operator to shred original ticket vouchers after 7 days, unless otherwise ordered by the Gambling Control Board.
EFFECTIVE DATE: December 27, 2010
AGENCY CONTACT PERSON: Anne Jordan, Gambling Control Board, 45 Commerce Drive, Suite #3; State House Station 87, Augusta, Maine 04333-0087. Telephone: (207) 626-3803. E-mail: Anne.H.Jordan@Maine.gov
WEBSITE: http://www.maine.gov/dps/GambBoard/



AGENCY: 14-193 - Department of Health and Human Services (DHHS), Office of Adult Mental Health Services
CHAPTER NUMBER AND TITLE: Ch. 2, ACT Team Standards for the Progressive Treatment Program. New Title: Rules Governing Essential Standards and Basic Principles Required of Certain Assertive Community Treatment Teams for Participation in the Progressive Treatment Program. (Formerly:
Rules Governing Essential Standards and Basic Principles Required of Assertive Community Treatment Teams in Order to Apply to District Court to Admit a Patient to a Progressive Treatment Program)
ADOPTED RULE NUMBER: 2010-637
CONCISE SUMMARY: As required by P.L. 2009, ch. 651, §32, this rule sets forth requirements for providing services in compliance with nationally recognized essential standards and basic principles for the provision of mental health services at the ACT team level under the Progressive Treatment Program.
EFFECTIVE DATE: December 29, 2010
AGENCY CONTACT PERSON: Christine Robinson, Department of Health and Human Services, Office of Adult Mental Health Services, 11 State House Station 32 Blossom Lane, 2nd floor Marquardt Bldg, Augusta, ME 04333-0011. Telephone: (207) 287-4865. E-mail: Christine.C.Robinson@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mh/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Audit
CHAPTER NUMBER AND TITLE: Ch. 30, Maine Uniform Accounting and Auditing Practices for Community Agencies
ADOPTED RULE NUMBER: 2010-638
CONCISE SUMMARY: The Department is adopting final rules of the Maine Uniform Accounting and Auditing Practices for Community Agencies. This rule provides a framework of standards of accountability over Department agreement funds received by community agencies. A complete revision of MAAP regulations is necessary due to significant changes that have occurred in accounting and auditing standards and federal regulations since the last major revision in December, 1996. The proposed MAAP regulations more closely mirror Federal Circulars OMB A-87, Cost Principles for State, Local, and Indian Tribal Governments, OMB A-102, Grants and Cooperative Agreements with State and Local Governments, OMB A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, OMB A-122, Cost Principles for Non-Profit Organizations and OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. In addition, the regulations are updated to reflect the latest auditing standards promulgated by the American Institute of Certified Public Accountants. This rule change is not anticipated to have any adverse impact on small businesses or on municipalities or counties.
See http://www.maine.gov/dhhs/audit/social-services for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2011
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, Social Services Audit Manager, Division of Audit, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-2775. Fax: (207) 287-2601. TTY: 1 (800) 606-0215. E-mail: Caroll.Thompson@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/audit/index.shtml
DHHS RULE-MAKING LIAISON: Martina.Thibeau@Maine.gov