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Home > Weekly Newspaper Notices > November 12, 2008

November 12, 2008

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 94-078 - Energy and Carbon Savings Trust
RULE TITLE OR SUBJECT: Ch. 2, Rules for Administration of Trust, Budgeting, Project Selection Criteria and Procedures, Monitoring and Evaluation Requirements
PROPOSED RULE NUMBER: 2008-P315
CONCISE SUMMARY: This rule establishes administrative and operational requirements for the activities of the Energy and Carbon Savings Trust and its grantees. The rules include provisions governing the management of competitive bid processes for awarding contracts and grants funded by the Trust and requirements for post-grant award monitoring and evaluation of programs and projects that receive Trust funding.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §10008
PUBLIC HEARING: 10:00 a.m., December 3, 2008 at the Horace Libby Hearing Room, Maine Public Utilities Commission, 242 State Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: December 15, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Stephen L. Diamond Energy and Carbon Savings Trust, State of Maine, 18 State House Sta., 242 State Street, Augusta, ME 04333
TELEPHONE: (207) 287-3831
FAX: (207) 287 1039
E-MAIL: SLDiamond@Verizon.net



AGENCY: 16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 4, Sprinkler Systems
PROPOSED RULE NUMBER: 2008-P316
CONCISE SUMMARY: Ch. 4 establishes minimum standards for the design, installation, operation, maintenance, inspection, testing and all other aspects of water-based fire protection for occupancies and structures with water based fire protection system measures.
As written, Ch. 4 section 1 incorporates by reference several National Fire Protection (NFPA) Standards, among them: NFPA #22, Standard for Water Tanks for Private Fire Protection, 2003 edition NFPA #25, Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems, 2002 edition This rule proposes to incorporate by reference the 2008 edition for NFPA standards #22 and #25.
Section 4 of the proposed rule changes time frame for the expiration date for licenses and proposes certain licensing requirements.
STATUTORY AUTHORITY: 25 MRSA §2452; 32 MRSA §§ 1373, 1382
RULE TITLE OR SUBJECT: Ch. 5, Portable Fire Extinguishers
PROPOSED RULE NUMBER: 2008-P317
CONCISE: Ch. 5 as presently written incorporates the 2002 edition of the National Fire Protection Association (NFPA) standard #10, Standard for Portable Fire Extinguisher. The NFPA has revised this standard. This rule incorporates NFPA’s 2007 edition of standard #10.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 6, Fire Extinguishing Systems
PROPOSED RULE NUMBER: 2008-P318
CONCISE SUMMARY: Ch. 6 establishes the rules and regulations for the installation, operation, maintenance and all other aspects of fire protection systems for occupancies that require such fire protection measures. It incorporates by reference the applicable standards of the National Fire Protection Association (NFPA). This rule as proposed incorporates the most current edition of NFPA standards as follows:
NFPA #12, Standard on Carbon Dioxide Extinguishing Systems, 2008 edition
NFPA #18, Standard on Wetting Agents, 2006 edition
NFPA #2001, Standard on Clean Agent Fire Extinguishing Systems, 2008 edition
STATUTORY AUTHORITY: 25 MRSA §2452; 32 MRSA §1382
RULE TITLE OR SUBJECT: Ch. 7, Dry Cleaning Plants
PROPOSED RULE NUMBER: 2008-P319
CONCISE SUMMARY: Ch. 7 as written incorporates the National Fire Protection Association (NFPA) Standard #32, Standard for Dry Cleaning Plants, 2004 edition. Standard #32 is intended to provide reasonable safeguards for the prevention and control of fire and explosion hazards incident to dry cleaning operations and for the protection of employees and the public. This rule as proposed incorporates the 2007 edition of NFPA Standard #32.
STATUTORY AUTHORITY: 25 MSRA §2452
RULE TITLE OR SUBJECT: Ch. 8, Spray Applications
PROPOSED RULE NUMBER: 2008-P320
CONCISE SUMMARY: Ch. 8 as written incorporates by reference National Fire Protection Association (NFPA) Standard #33, Standard for Spray Application Using Flammable or Combustible Materials, 2003 edition. This rule, as proposed, incorporates the 2007 edition of NFPA Standard #33.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 9, Dip Tanks
PROPOSED RULE NUMBER: 2008-P321
CONCISE SUMMARY: Ch. 9 as written incorporates by reference National Fire Protection Association (NFPA) Standard #34, Standard for Dipping and Coating Processes Using Flammable and Combustible Liquids, 2003 edition. This rule, as proposed, incorporates by reference the 2007 edition of NFPA Standard #34, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids.
STATUTORY AUTHORITY: 25 MSRA §2452
RULE TITLE OR SUBJECT: Ch. 10, Stationary Combustion Engines and Gas Turbines
PROPOSED RULE NUMBER: 2008-P322
CONCISE SUMMARY: Ch. 10 as written incorporates by reference National Fire Protection Association (NFPA) Standard #37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2002 edition. This rule as proposed incorporates by reference the 2006 edition of NFPA Standard #37.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 13, Welding, Cutting and Allied Processes and Acetylene Cylinder Charging Plants
PROPOSED RULE NUMBER: 2008-P323
CONCISE SUMMARY: Ch. 13 as written incorporates earlier editions of National Fire Protection Association (NFPA) Standards #51, 51A, and 51 B. This rule proposes to incorporate by reference the following updated editions of NFPA standards:
NFPA #51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes, 2007 edition
NFPA #51A, Standard for Acetylene Cylinder Charging Plants, 2003 edition
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 16, Storage and Handling of Liquefied Petroleum Gases
PROPOSED RULE NUMBER: 2008-P324
CONCISE SUMMARY: Ch. 16 as written applies to storage, handling, transportation, and use of LP-Gas. In addition, the chapter applies to the design, construction, location, installation, operation, and maintenance of refrigerated and non-refrigerated utility gas plants. Ch. 16 as written incorporates by reference National Fire Protection Association (NFPA) Standards #58 and 59, 2004 edition. This rule proposes to incorporate the updated NFPA standards as follows:
NFPA #58, Liquefied Petroleum Gas Code, 2008 edition, and
NFPA #59, Utility LP-Gas Plant Code, 2008 edition.
STATUTORY AUTHORITY: 25 MRSA §§ 2452, 2482
RULE TITLE OR SUBJECT: Ch. 19, Vapor Removal from Cooking Equipment
PROPOSED RULE NUMBER: 2008-P325
CONCISE: Ch. 19 as written incorporates National Fire Protection Association (NFPA) Standard #96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, 2004 edition. This rule proposes to incorporate the 2008 edition of NFPA Standard #96. This standard provides minimum fire safety requirements (preventative and operative) related to the design, installation, operation, inspection, and maintenance of commercial/public and private cooking operations.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 21, Tents Grandstands, Air Supported Structures for Places of Assembly
PROPOSED RULE NUMBER: 2008-P326
CONCISE SUMMARY: Ch. 21 as written incorporates by reference National Fire Protection Association (NFPA) #102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, 1995 edition. The rule as proposed incorporates by reference the 2006 edition of NFPA Standard #102.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 23, Purged and Pressurized Enclosures for Electrical Equipment
PROPOSED RULE NUMBER: 2008-P327
CONCISE: Ch. 23 as written incorporates by reference National Fire Protection Association (NFPA) Standard #496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2003 edition. This rule as proposed incorporates by reference the 2008 edition of NFPA Standard #496.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 25, Rules for the Display of Fireworks
PROPOSED RULE NUMBER: 2008-P328
CONCISE SUMMARY: Ch. 25 applies to the design, construction and limitation of model rocket propellant mass and power, reliability of rocket motors and reloading kits and their components. The rule also provides minimum requirements for outdoor fireworks displays and establishes reasonable minimum fire and life safety requirements for the manufacture, transportation, and storage of fireworks, pyrotechnic articles and any components thereof containing pyrotechnic or explosive compositions as well as the distribution and retail sales of consumer fireworks. As written, Ch. 25 incorporates by reference National Fire Protection Association (NFPA) Codes. This rule proposes to update those NFPA Codes by incorporating by reference updated editions as follows:
#1122, Code for Model Rocketry, 2008 edition
#1123, Code for Fireworks Display, 2006 edition
#1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2006 edition
STATUTORY AUTHORITY: 8 MRSA §236
RULE TITLE OR SUBJECT: Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
PROPOSED RULE NUMBER: 2008-P329
CONCISE SUMMARY: Ch. 34 as written incorporates by reference National Fire Protection Association (NFPA) Code #30, Flammable and Combustible Liquids Code, 2003 edition, Code #30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2003 edition, Code #30B, Code for Manufacture and Storage of Aerosol Products, 2007 edition, and Standard #385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2007 edition. This rule as proposed incorporates by reference the 2008 edition for NFPA Code #30 and NFPA Code #30A.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA §2482
PUBLIC HEARING: Wednesday, December 3, 2008, at 1:00 p.m., at the Department of Public Safety, 45 Commerce Dr., Augusta, Maine 04330 in Florian Hall.
DEADLINE FOR COMMENTS: December 15, 2008
AGENCY AND SMALL BUSINESS IMPACT CONTACT PERSON: Richard E. Taylor, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 626-3873
E-MAIL: Richard.E.Taylor@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #85R-P, TANF Worker Supplement (TWS)
PROPOSED RULE NUMBER: 2008-P330
CONCISE SUMMARY: DHHS proposed and attempted to implement this policy in the summer of 2008 but was unable to meet APA requirements and is therefore re-proposing it.
The amendments to policy contained in this proposed rule allow the Offices of Integrated Access and Support to establish a Worker Supplement Program at the Legislature's directive. This program will be in the form of a food benefit to individuals who are leaving the TANF Program due to increased earned income. The Worker Supplement Program will be called T ANF Worker Supplement (TWS)
TWS is a food benefit in the amount of $100 per month for the first 12 months, $75 per month for the second 12 months and $50 per month for the third 12 months to eligible families whose TANF grant has ended due to increased earnings or hours of employment.
This rule will not have an adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3762, sub-§8, ¶D, as added by 2007 PL c. 539
PUBLIC HEARING: None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS: December 12, 2008
AGENCY CONTACT PERSON Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6897
TTY: (800) 606-0215 (Deaf/Hard of Hearing)
E-MAIL: Dawn.Mulcahey@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual, Rev. #164P: Simplified Reporting Expansion
PROPOSED RULE NUMBER: 2008-P331
CONCISE SUMMARY: This rule proposes to place all Food Supplement Program households on Simplified reporting, eliminating the Change Reporting type reporting requirement rules for elderly, disabled, homeless, and migrant farm worker households. Elderly and/or disabled households with no earned income will not be required to submit a six month (mid-certification) report and will have limited reporting requirements within the certification period. Households will always have the option to report any changes anytime it believes benefits may increase as a result of the change. This rule also proposes a clarification to current Simplified Reporting policy concerning making changes that affect Food Supplement benefits within the certification period.
This rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7 U.S.C. §2015, as amended by Title IV, Food, Conservation and Energy Act of 2008, P.L. 110-246; and 7 CFR §273.12
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 12, 2008
AGENCY CONTACT PERSON Robert Thibodeau, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215 (Deaf/Hard of Hearing)
E-MAIL: Bob.Thibodeau@Maine.gov



AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2008-P332
CONCISE SUMMARY: Per statutory requirement, 32 MRSA §2153-A changes the hours of the nursing assistant course from 150 to 180 hours consisting of 90 hours classroom, 20 hours laboratory, and 70 hours of correlated, supervised clinica1 practice.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 2102.2, 2153-A
PUBLIC HEARING: December 4, 2008, 3 p.m. at 161 Capitol Street, Augusta
DEADLINE FOR COMMENTS: December 14, 2008
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
E-MAIL: Virginia.E.DeLorimier@Maine.gov



AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 11, Regulations Relating to the Nurse Licensure Compact
PROPOSED RULE NUMBER: 2008-P333
CONCISE SUMMARY: Provides for examples of evidence of residency, instructions for nurses on a visa, use of the multi state privilege and limitation on multi state privilege when a license is disciplined.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 2102.2, 2153-A
PUBLIC HEARING: December 4, 2008 at 2:30 p.m. at Board office, 161 Capitol Street, Augusta, Maine 04333-0158
DEADLINE FOR COMMENTS: December 14, 2008
AGENCY CONTACT PERSON: Myra A. Broadway, Executive Director, Maine State Board of Nursing, 161 Capitol Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
E-MAIL: Myra.A.Broadway@Maine.gov


ADOPTIONS



AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
ADOPTED RULE NUMBER: 2008-527
CONCISE SUMMARY: Maine State Housing Authority ("MaineHousing") is the State's designated housing tax credit agency and the Rule is the State of Maine's qualified allocation plan for allocating and administering the 2008 and 2009 State ceiling of low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended (the "Code"). MaineHousing is modifying the Rule to implement significant changes to the federal low-income housing tax credit program made pursuant to the Housing and Economic Recovery Act of 2008, which was enacted on and became effective July 30, 2008. The federal law affects projects that have not yet been placed in service, including projects which applied for an allocation of the 2008 State ceiling of low income housing tax credits and have been selected for further processing this year, projects which have received a carryover allocation of low income housing tax credits, and future applications to the 2009 State ceiling. Modifications to the Rule include (1) increasing the per unit caps on the amount of low-income housing tax. credits projects to realize the benefit of the increase in the State ceiling of tax credits available for allocation in the State and the increase in the credit rate to the greater of 9% or the credit rate as it has been calculated in accordance with Section 42 of the Code, (2) designating the entire State of Maine as a difficult-to-develop area, so any project that needs the 130% adjustment to the eligible basis of the project to make it financially feasible will qualify for the adjustment, (3) adding a scoring criterion for projects that include the rehabilitation of a certified historic structure and use capital generated from both the federal and State historic preservation tax credits for the development of the project to comply with the federal requirement that housing credit agencies include a selection criterion in their qualified allocation plans regarding the historic nature of a project; (4) designating MaineHousing's Green Building Standards as a selection criterion to comply with the federal requirement that housing credit agencies include a selection criterion in their qualified allocation plans encouraging the energy efficiency of a project and amending MaineHousing's Green Building Standards to require the installation of solar assist (preheat) domestic hot water systems in projects; (5) extending the time period for projects that receive a carryover allocation to satisfy the 10% cost test to 12 months from the date a carryover allocation is made; (6) eliminating the annual income re-certification requirement for (i) projects in which all of the units in the project are subject to the applicable income limit of the minimum low-income set-aside for the project, and (ii) units subject to the highest income targeting requirement in 100% credit-eligible projects subject to multiple income targeting requirements; (7) removing the requirement that MaineHousing make tax-exempt financing available for projects financed under Rural Development's 515 Program to generate automatic low-income housing tax credits, because historical barriers to allocating low-income housing tax credits from the State ceiling to federally-assisted projects have been removed by the federal law change; (8) extending the deadline for submitting applications for the 2009 State ceiling of low income housing tax credits; and (9) making other updates, clarifications and grammatical changes.
EFFECTIVE DATE: November 5, 2008
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603
E-MAIL: JStevens@MaineHousing.org



AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 137, Emission Statements
ADOPTED RULE NUMBER: 2008-528
CONCISE SUMMARY: Ch. 137 establishes requirements for facilities to report air pollutant emissions. The amendments require facilities to submit an emissions inventory by May 15 of each year (previously July 1). Thirteen hazardous air pollutants (HAPS) from fuel burning sources will be reported by those facilities regardless of the level emitted and 29 HAPS, currently reported to DEP, but not reported to EPA, are deleted from this rule. The amendments align the rule more closely with the new federal rules. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: November 8, 2008
AGENCY CONTACT PERSON: Tammy Gould, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333
TELEPHONE: (207) 287-2437
E-MAIL: Tammy.Gould@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 35, Hearing Aids and Services
ADOPTED RULE NUMBER: 2008-529
CONCISE SUMMARY: The adopted rules reflect the current practice of only allowing members under age 21 to receive this service. Prior Authorization has been eliminated for all but one code. Updated criteria for medical evaluation and testing were added. Audiologists were added as hearing aid dispensers to conform to a change in their scope of practice. Terminology, such as using MaineCare instead of Medicaid and member instead of recipient, is also updated.
Chapter III establishes new billing codes based on HIPAA compliant coding.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 1, 2008
AGENCY CONTACT PERSON: Darrell S. Wood, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6348
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Darrell.S.Wood@Maine.gov