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September 23, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Regulations on Certain Inland Waters)
PROPOSED RULE NUMBER: 98-P200
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to schedule a public hearing to consider the following watercraft regulations:
GRANGER POND, Denmark, Oxford County
Motorboats with more than 6 horsepower prohibited.
BEAVER POND, Bridgton, Cumberland County
Motorboats with internal combustion engines prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: October 14,1998, Bridgton Town Office, 1 Chase Common, Bridgton - 7:00 p.m.
DEADLINE FOR COMMENTS: October 24,1998
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station Augusta, ME 04333-0041
TELEPHONE: 287-5201

AGENCY: 94-457 - Finance Authority of Maine (FAME)
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
PROPOSED RULE NUMBER: 98-P201
CONCISE SUMMARY: This rule establishes the procedures, standards and eligibility requirements for investment in College Savings accounts, into which a participant may invest funds to be used by individual beneficiaries to pay the cost of attendance at an institution of higher education. The College Savings Program is established as a qualified state tuition program pursuant to Section 529 of the Internal Revenue Code of 1986 and regulations promulgated thereunder.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A; 20-A MRSA 11485
PUBLIC HEARING: October 15, 1998, at 1:00 p.m. at the St. Paul's Center (Lemire Hall), 136 State Street, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before October 15, 1998, but will be accepted on or before October 26, 1998. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)
beth@famemaine.com (EMAIL)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 98-P202
CONCISE SUMMARY: This rule restores Federal Food Stamp eligibility to some legal immigrants and extends the eligibility period for Federal funding of benefits to refugees and asylees. This rule clarifies that income and expenses belong to the individual in whose name it is received, except for TANF benefits which must be prorated.
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: October 23, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Allowance Program
PROPOSED RULE NUMBER: 98-P203
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal is based on a model rule developed by the OTC, and defines the sources which will be subject to the program, and delineates their responsibilities. There are currently three sources that will be subject to the Maine program: 1) Wyman Station, Yarmouth, 2) Mason Station, Wiscasset; and 3) Cape Station, South Portland. Under the program, each budget source will be given a fixed allocation of allowances for each year of operation beginning in 1999. The NOx emissions from a budget source are not allowed to exceed the equivalent number of allowances that the sources have been allocated, with one ton of NOx emissions equal to one allowance. Budget sources must hold allowances for all NOx emitted during the ozone season period of May through September, and sources are allowed to buy, sell, or trade allowances throughout the OTR as needed. In addition to control requirements, the proposed rule establishes monitoring and reporting requirements for the budget sources. The preferred method of emissions monitoring for this program utilizes continuous emissions monitoring systems (CEMS) as approved by EPA under the Part 75 Acid Rain Program. Sources that are not subject to Part 75, or elect to use other monitoring methods will be addressed on a case-by-case basis.
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 M.R.S.A. 585 and 585-A
PUBLIC HEARING: October 14, 1998, 2:00 p.m., Holiday Inn, Ground Round
DEADLINE FOR COMMENTS: October 30, 1998
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-11
PROPOSED RULE NUMBER: 98-P204
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, October 8, 1998, Deering Building - Hospital Street Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 8, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission Deering Building-Station #28 Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions
ADOPTED RULE NUMBER: 98-386
CONCISE SUMMARY: This amendment adds 20 compounds to the list of compounds excluded from the definition of volatile organic compound (VOC) on the basis of their negligible contribution to ground-level ozone formation. Some of these compounds have the potential for use as refrigerants, aerosol propellants, blowing agents and solvents. This aligns the state VOC definition with the Environmental Protection Agency's VOC definition. In some cases these delisted compounds may replace more hazardous air pollutants currently used in cleaning operations
EFFECTIVE DATE: September 14, 1998
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, Me 04333
TELEPHONE: 207-287-2437


AGENCY: 02-285 - Department of Professional and Financial Regulation, Board of Veterinary Medicine
CHAPTER NUMBER AND TITLE:
Ch. 1, Licensing of Veterinarians
Ch. 2, Registration of Animal Technicians
Ch. 8 (New), Fees
ADOPTED RULE NUMBER: 98-387 through 98-389
CONCISE SUMMARY:
Ch. 1 - amends the fees identified in this chapter
Ch. 2 - amends the fees identified in this chapter
Ch. 8 - sets forth the level of fees to be collected for applications, examinations, and licenses for veterinarians and animal technicians.
EFFECTIVE DATE: September 14, 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, ME 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 335, Significant Wildlife Habitat
ADOPTED RULE NUMBER: 98-390
CONCISE SUMMARY: This rule applies to activities that require permits under the Natural Resources Protection Act (38 M.R.S.A. 480-A et seq.) and will potentially impact significant wildlife habitats. This rule establishes standards to insure that significant wildlife habitats and the subject wildlife will not be unreasonably impacted. The accompanying seabird nesting island maps were developed by MDIF&W and insure that identified seabird nesting islands are protected natural resources.
EFFECTIVE DATE: September 15, 1998
AGENCY CONTACT PERSON: Robert Stratton
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land and Water Quality, 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2111


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 900, Large Commercial Risks
ADOPTED RULE NUMBER: 98-392
CONCISE SUMMARY: Establishes standards for determining when an insured is a "large commercial insurance risk" within the meaning of 24-A M.R.S.A. 1450(3), which authorizes producers to receive a fee in lieu of or in combination with commission for the sale of certain property and casualty insurance transactions.
EFFECTIVE DATE: September 18, 1998
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 240, Appointment and Administration of Local Plumbing Inspectors (CMR 240), Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 98-393
CONCISE SUMMARY: These rules provide for the appointment and administration of Local Plumbing Inspectors. In addition, these rules deal with the eligibility, application, examination, and re-certification requirements; as well as administration of the permit process.
EFFECTIVE DATE: October 1, 1998
AGENCY CONTACT PERSON: James A. Jacobsen, Program Manager
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: 287-5695


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Restitution
A. Work Release: Payment of Restitution or Fines
B. Payment of Restitution of Fines from Other Sources
ADOPTED RULE NUMBER: 98-394
CONCISE SUMMARY: This rule applies to all prisoners who have court ordered restitution, whether as a separate sentence or as a condition of probation. It also applies to all prisoners who have a court ordered fine.
EFFECTIVE DATE: September 16, 1998
AGENCY CONTACT PERSON: Denise Giles, Victim Services Coordinator
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4385


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #98-10
ADOPTED RULE NUMBER. 98-396
CONCISE SUMMARY: Minimum October, 1998 producer Class I set at $18.23 and no Northeast Interstate Dairy Compact over order price. October, 1998 Class II goes to $15.29 and Class III minimums set at $15.09. These changes were passed on in minimum prices.
EFFECTIVE DATE: October 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 98-397
CONCISE SUMMARY: Establishes a state funded Food Stamp program for legal immigrants who were determined to be ineligible due to their immigrant status as a result of welfare reform in August, 1996. The program is funded through June 30, 1999. This program is the result of legislation enacted by the 118th Legislature.
EFFECTIVE DATE: September 1, 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


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