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September 10, 2003
as posted
in 5 daily Maine newspapers
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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
© Department
of the Secretary of State
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