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September 10, 2003
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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Amendments to Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBER: 2003-P215
CONCISE SUMMARY: The proposed amendments update the regulation as follows.
a) Changes in technology and corresponding national industry codes are incorporated, such as standards of the Petroleum Equipment Institute, the National Association of Corrosion Engineers, Underwriter Laboratories, etc.
b) Errors and omissions found in the current rule are being corrected. The most significant being the Department's past failure to include a requirement for overfill protection at bulk plant loading racks.
c) Findings of a recent Department study, determining that oil discharges from product dispensers are common will be addressed by requiring secondary containment under dispensers to catch these routine discharges at new facilities.
d) Changes in Maine law made since 1996, including annual operation and maintenance inspection requirements, are being included.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Fiscal impact on municipalities will be minor, an estimated $12,000 statewide per year.
STATUTORY AUTHORITY: 38 MRSA 561 et seq.
PUBLIC HEARING: October 2, 2002, 1:30 p.m.; Ground Round Restaurant, Civiic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., October 17, 2003. Comments may be submitted at the address below, by FAX at (207) 287-7826 or by e-mail at george.j.seel@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON: George Seel
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME. 04333
TELEPHONE: (207) 287-2651


ADOPTIONS

AGENCY: 19-219 - Office of the Fire Marshal
CHAPTER NUMBER AND TITLE: Rules of the Fire Marshal
ADOPTED RULE NUMBER: 2003-293 through 2003-306
CONCISE SUMMARY: The following changes are proposed:
Ch. 25 - Repeal of State of Maine document and adoption of incorporated references:
          NFPA # 1123, Code for Fireworks Displays, 2000 edition
          NFPA # 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2003 edition
          NFPA # 1122, Code for Model Rocketry, 2002 edition
Ch. 29 - Increase in liability insurance requirement
Ch. 20 - This is the formal adoption of the emergency rule adopted to avoid an immediate threat to public safety posed by indoor pyrotechnics
Incorporated Reference Updates:
Ch. 5 - Fire Extinguishers
          NFPA # 10, Standard for Portable Fire Extinguishers, 2002 edition
Ch. 6 - Fire Extinguishing Systems
          NFPA # 11, Standard for Low Expansion Extinguishing Systems, 2002 edition
          NFPA # 17, Standard for Dry Chemical Extinguishing Systems, 2002 edition
          NFPA # 17A, Standard for Wet Chemical Extinguishing Systems, 2002 edition
Ch. 10 - Stationary Combustion Engines and Gas Turbines
          NFPA # 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2002 edition
Ch. 11 - Bulk Oxygen Systems
          NFPA # 50, Standard for Bulk Oxygen Systems, 2001 edition
Ch. 13 - Welding, Cutting and Allied Processes and Acetylene Cylinder Charging Plants
          NFPA # 51, Standard for tile Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes, 2002 edition
          NFPA # 51A, Standard for Acetylene Cylinder Charging Plants, 2001 edition
Ch. 14 - National Fuel Gas Code
          NFPA # 54, National Fuel Gas Code, 2002 edition
Ch. 15 - Fire Protection Rules for Medical Facilities and Equipment
          NFPA # 99, Standard for Health Care Facilities, 2002 edition
          NFPA # 99B, Standard for Hyporbaric Facilities, 2002 edition
          NFPA # 110, Standard for Emergency and Standby Power Systems, 2002 edition
Ch. 17 - National Fire Alarm Code
          NFPA # 72, National Fire Alarm Code, 2002 edition
Ch. 18 - Lightning Protection Code
          NFPA # 780, Standard for the Installation of Lightning Protection Systems, 2000 edition
Ch. 22 - Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
          NFPA # 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances, 2003 edition
Ch. 32 - Standard for the Fire Protection of Storage
          NFPA # 230, Standard for the Fire Protection of Storage, 2003 edition
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research
AGENCY NAME: Office of the State Fire Marshal
ADDRESS: State House Road, Augusta, Maine 04333-0052
TELEPHONE: (207) 624-8964


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, Section 1 - Definitions; and Section 11 - Financing School Construction
ADOPTED RULE NUMBER: 2003-307
CONCISE SUMMARY: The proposed rule clarification will define "initiation date" as the date established by the Department that the school administrative unit may break ground on a new construction project or the contractor may begin working on site on a renovation project and clarifies procedures for investment of project funds.
EFFECTIVE DATE: September 7, 2003
AGENCY CONTACT PERSON: Judith Malcolm, Director of Policy
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Burton Cross Office Building - 5th Floor, Augusta, ME 04333-0023
TELEPHONE:(207) 624-6845


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