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August 19, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 143, New Source Performance Standards (NSPS)
Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS)
PROPOSED RULE NUMBER: 98-P167
CONCISE SUMMARY: The Clean Air Act Amendments of 1990 offer states the option of accepting delegation for NSPS and NESHAPS federal requirements for incorporation into the states regulatory programs to reduce dual regulatory reporting requirements on industry and streamline the air emission licensing processes. All standards will be implemented through the air emission licensing process. EPA requires that the states adopt standards that are at least as stringent as federal regulations, in order to maintain approval of the Title V permitting program. With the 1990 CAAA, the delegation of newly promulgated and revised National Emission Standards for Hazardous Air pollutants now requires a more complex delegation/submittal process than those delegated in the past. The DEP is proposing to incorporate all NSPS and NESHAPS that have been delegated to the state since the 1970's as well as the new NESHAPS requirements, in accordance with the State Administrative Procedure Act (MAPA) process, to ensure the State has full implementation and enforcement authority through the State's Title V licensing process. The proposed Chapters incorporate standards for 120 types of source categories (both large and small businesses) that are subject to the federal standards. The Board further solicits testimony on the proposed Hazardous Air Pollutant regulations and:
* Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Human Services;
* The extent to which the public is exposed to the HAPS;
* The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions of the HAPS; and
* Any other information that would assist the Board in establishing standards adequate to protect the public health and safety.
Copies of these rules 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, 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&B
PUBLIC HEARING: 9 September 1998, 1:00 p.m., Holiday Inn, Augusta
DEADLINE FOR COMMENTS: 23 September 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Deb Avalone-King
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333--0017
TELEPHONE: (207) 287-2437
EMAIL: debbie.j.avalone-king@maine.gov

AGENCY: 16-222 - Maine State Police
RULE TITLE OR SUBJECT: Ch. 1, Motor Vehicle Inspection Manual
PROPOSED RULE NUMBER: 98-P169
CONCISE SUMMARY: The Motor Vehicle Inspection Manual is being amended to add the provisions of 29-A M.R.S.A. 1751 2-A , the Cumberland County Enhanced (emission) Inspection. Minor technical updates to the Safety Inspection are also included. Changes affect license plate lights, headlight and tail light covers and air bags. Motor homes and limited use fish and farm trucks with a G.V.W.R. over 10,000 lbs. must be inspected by a truck inspection station.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A M.R.S.A. 1769
PUBLIC HEARING: September 9, 1998, 1:00 p.m., Cushnoc Room, Augusta Civic Center, Augusta, Me.
DEADLINE FOR COMMENTS: September 21, 1998
AGENCY CONTACT PERSON: Lt. Bruce Dow
AGENCY NAME: Maine State Police
ADDRESS: 20 State House Station, Augusta, ME 04333
TELEPHONE: 624-8939


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 98-P170
CONCISE SUMMARY: This rule makes annual changes in maximum allotments and increases the shelter deduction cap from $250 to $275. It also adds some increase in income limits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY, 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 18,1998
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 4, Disciplinary Action and Violations of Law
PROPOSED RULE NUMBER: 98-P171
CONCISE SUMMARY: This is a proposed amendment to Chapter 4 to amend the definition of unprofessional conduct, add a new section to set out rules governing sexual misconduct, and define abandonment.
RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. Section 2153-A(1)
PUBLIC HEARING: September 10, 1998 at 4:00 p.m., Maine State Board of Nursing, 24 Stone Street, Augusta, ME 04333-0158
DEADLINE FOR COMMENTS: September 20, 1998
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, Augusta, ME 04333-0158
TELEPHONE: 207-287-1133


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Monhegan Island Lobster Conservation Area
PROPOSED RULE NUMBER: 98-P172
CONCISE SUMMARY: The amended regulation established the conditions and procedures for registering for and participating in lobster fishing within the Monhegan Island Lobster Conservation Area. It provides for the wise utilization of the lobster resource around-Monhegan Island and is independent of any other management zone adopted by regulation of the Commissioner. The regulation conforms to the provisions of statutory law as required by 12 M.R.S.A. 6471 through 6477.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 and 6472
PUBLIC HEARING: None 7 scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, September 18,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT:
Ch. 507, Rules for Implementing the 1985 Amendment to the Maine Medical Compact Act - Vision Care.
Ch 509, Rules for Designating Hospitals as Underserved by Emergency Room Physicians.
Ch. 511, Designating Areas as Underserved by Psychiatrists.
PROPOSED RULE NUMBER: 98-P173
CONCISE SUMMARY: This rule change repeals the above Chapters and replaces them with a single rule to address all specialty's physicians applying to serve underserved areas/populations in exchange for state loan forgiveness. Previously, a new rule was required for every specialty request which has been a barrier to loan forgiveness implementation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA Chapter 421, "Postgraduate Education in the Field of Medicine" and Title 20 MRSA Chapter 421. Title 20A MRSA Chapter 423, "Loans for Candidates for Practices of Osteopathic Medicine".
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 30, 1998
AGENCY CONTACT PERSON: Helen Zidowecki
AGENCY NAME: Office of Health Data & Program Management, DHS
ADDRESS: #11 SHS, 35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: 207-624-5424
FAX 207-624-5431


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 49, Residential Services
PROPOSED RULE NUMBER: 98-P174
CONCISE SUMMARY: This rule establishes a new category of Medicaid covered services called Residential Services. Under this rule, shelter service providers, such as those shelters for the homeless, may qualify for federal Medicaid matching funds for their programs. In addition, under this rule, the Department of Mental Health, Mental Retardation, and Substance Abuse Services will qualify as a structured residential treatment facility and receive matching federal dollars for a limited portion of their programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below, before the comment deadline.
DEADLINE FOR COMMENTS: September 22, 1998.
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/ Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 301, Standard Offer Service
PROPOSED RULE NUMBER: 98-P175
CONCISE SUMMARY The purpose of this rulemaking is to amend our current standard offer rules in accordance with the amendments to the standard offer section of the Restructuring Act made by the Legislature during the 1998 session.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 104, 111, 1301, 1306 and 3212
PUBLIC HEARING - None scheduled, but one will be held if requested by five interested persons.
DEADLINE FOR COMMENTS: September 18, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


ADOPTIONS

AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers (formerly Acupuncture Licensing Board)
RULE TITLE OR SUBJECT:
Repeal, Ch. 1, Definitions
Repeal, Ch. 2, Licensure Requirements
Repeal, Ch. 3, Standards for Continuing Education
Repeal, Ch. 4, Complaint Handling and Enforcement
Repeal, Ch. 5, Code of Ethics
Repeal, Ch. 6, Renewal of License
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, Licensure Requirement for Acupuncturists
Ch. 4, Licensure Requirement for Naturopathic Doctors
Ch. 5, Standards for Continuing Professional Education for Acupuncturists and Naturopathic Doctors (Major Substantive Rule)
Ch. 6, Standards Relating to Prescriptive Authorities and Collaborative Relationships (Major Substantive Rule)
Ch. 7, Enforcement and Disciplinary Procedures
Ch. 8, Code of Ethics
Ch. 9, Fees
ADOPTED RULE NUMBER: 98-336 through 98-342
CONCISE SUMMARY: The rules set forth the requirements relating to licensing, continuing professional education and enforcement of the practice of acupuncture and naturopathic doctors. The rules also establish requirements for naturopathic doctors for writing prescriptions and collaborative relationships.
EFFECTIVE DATE: August 11, 1998
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8632


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector and OSHA Instructions CPL 2.106 Procedures and Scheduling for Occupational Exposure to Tuberculosis for Fixed Establishments Only.
ADOPTED RULE NUMBER: 98-343
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 1, 1997, with the exception of Section .134 (Respiratory Protection). The 1996 version of 29 CFR Part 1910.134 remains in effect.

CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction in the Public Sector
ADOPTED RULE NUMBER: 98-344
CONCISE SUMMARY: The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1997.

EFFECTIVE DATE: August 11, 1998
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 094333
TELEPHONE: (207) 624-6400


AGENCY: 02-386 - Department of Professional and Financial Regulation, Board of Elevator and Tramway Safety
CHAPTER NUMBER AND TITLE: Ch. 15, Fees (repeals and replaces Ch. 12)
ADOPTED RULE NUMBER: 98-345
CONCISE SUMMARY: The rule amendment to Chapter 12 (renumbered 15), Fees, increases the fees to be charged by the Board.
EFFECTIVE DATE: November 15, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator Office of Licensing and Registration
ADDRESS: 35 State House Station Augusta, ME 04333
PHONE NUMBER: 207/624-8605


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 8, Amendment to Rules for Ignition Interlock Devices
ADOPTED RULE NUMBER: 98-346
CONCISE SUMMARY: This amendment to the Rules for Ignition Interlock Devices establishes good character requirements for installers of ignition interlock devices.
EFFECTIVE DATE: August 15, 1998
AGENCY CONTACT PERSON: Susan Cookson
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4687


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