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Department Rulemaking Proposals
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How do I find out about Department rulemaking and other opportunities for comment?
Information about petitions to require agency rulemaking
All Current DEP Rules (off-site, Secretary of State)
Subject to Maine’s Administrative Procedures Act, the Board of Environmental Protection performs rulemaking for the Department.
For more information contact Mark Margerum (207) 287-7842.
Board Meetings
The Board of Environmental Protection generally holds meetings for considering rulemaking actions and public hearings on proposed rulemaking the first and third Thursdays of the month or as needed.
See the BEP meeting calendar for information.
Pursuant to Maine law, interested parties are publicly notified of proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
Routine technical proposed rulemaking actions
- Chapter 526: Cooling Water Intake Structures
- Chapter 145: NOx Control Program
- Chapter 140: Part 70 Air Emission License Regulation
- Chapter 534: Wastewater Treatment Plant Operator Certifications - Revocation or Suspension
- Chapter 428: Stewardship Program for Packaging
- Emergency Rulemaking: Chapter 305 Natural Resources Protection Act - Permit by Rule
- Chapter 2: Rule Concerning the Processing of Applications and Other Administrative Matters
- Chapter 167: Tracking and Reporting Gross and Net Annual Greenhouse Gas Emissions
- Chapter 128: Advanced Clean Trucks Program
- Chapter 127-A: Advanced Clean Cars II Program (Reposting)
- Chapter 101: Visible Emissions Regulation
Major substantive proposed rulemaking actions
- Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act
- Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining
- Chapter 80: Reduction of Toxics in Packaging
- Chapter 355: Coastal Sand Dune Rules
Routine Technical
Chapter 526: Cooling Water Intake Structures
Ch 526 Fact Sheet :: Ch 526 Draft Rule :: Ch 526 Final Rule
Concise Summary:
The Department is proposing a new rule: 06-096 C.M.R. Chapter 526: Cooling Water Intake Structures. This rule establishes requirements that apply to cooling water intake structures at new and existing facilities that are subject to section 316(b) of the Clean Water Act (CWA), 33 U.S.C. 1326(b). These requirements include standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures (e.g., permit application requirements, information submission requirements) for establishing the appropriate technology requirements at certain specified facilities as well as monitoring, reporting, and record keeping requirements to demonstrate compliance.
The purpose of the rulemaking proposal is to enable the Department to seek delegated authority under the Clean Water Act section 316(b), as required by Maine's Memorandum of Agreement with USEPA. The proposed rule does not contain any substantive changes to the existing rule as currently administered by USEPA. Chapter 526 is based on the EPA rules found a 40 CFR part 125, subpart I and subpart J.
Agency contact:
Matthew Hight
17 State House Station
Augusta, ME 04333
207-719-0703
Public hearing: December 7, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane, Entrance located on east side of building (Door D7)
Augusta, Maine 04333
Public noticed: November 14, 2024
Comment deadline: December 18, 2023, 5:00 PM
Effective Date: February 20, 2024
Chapter 145: NOx Control Program
Ch 145 Draft Rule :: Ch 145 Fact Sheet :: Comment on this Rule
Concise Summary:
The Department is proposing to amend Chapter 145 to clarify that the rule applies to affected sources that are located both within the Ozone Transport Region (OTR). and in a county that has not received a NOx waiver. This has always been the intent of the rule. The affected sources located outside of the current OTR boundaries have consistently been covered by a NOx waiver and have historically not been subject to the requirements of Chapter 145; thus, this clarification has no effect on any actual or potential emissions from those sources. In addition to the applicability clarification, the Department is proposing to delete several obsolete provisions for interim standards for which the compliance date has passed. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 332-1279
Public hearing: April 18, 2024
Marquardt Building, 32 Blossom Lane (Door D7, East side entrance)
Augusta, Maine 04333
Public noticed: March 15, 2024
Comment deadline: April 29, 2024, 5:00 PM
Chapter 140: Part 70 Air Emission License Regulation
Ch 140 Draft Rule :: Ch 140 Fact Sheet :: Comment on this Rule
Concise Summary:
The Department is proposing to amend Chapter 140 to align with changes to Part 70 of the Federal Clean Air Act promulgated by EPA on July 21, 2023. EPA requires affected states to make these changes by August 21, 2024. Additionally, the Department is taking this opportunity to make minor changes that are considered clarifications, that correct grammar, that codify longstanding practices, or that are necessary to utilize an expected future electronic application system.
Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 332-1279
Public hearing: April 18, 2024, 9:00 AM
Marquardt Building, 32 Blossom Lane (Door D7, East side entrance)
Augusta, Maine 04333
Public noticed: March 15, 2024
Comment deadline: April 29, 2024, 5:00 PM
Chapter 534: Wastewater Treatment Plant Operator Certifications - Revocation or Suspension
Ch 534 Fact Sheet :: Ch 534 Draft Rule
Concise Summary:
The purpose of this proposed new rule is to establish procedures for the Commissioner's consideration of revoking or suspending a wastewater treatment plant operator certification through notice and opportunity for a hearing pursuant to the Maine Administrative Procedures Act, 5 M.R.S. 8001-11008. The Department may revoke or suspend wastewater treatment plant operator certifications pursuant to Maines Sewage Treatment Operators law, 32 M.R.S. 4175-A and the Departments Wastewater Treatment Plant Operator Certification rule, 06-096 C.M.R. ch. 531.
Agency contact:
Matthew Hight
17 State House Station
Augusta, ME 04333
207-719-0703
Public hearing: A public hearing is not scheduled. There will be a 30-day written comment period. A public hearing will be held if the Department receives 5 or more requests before the end of the comment period.
Public noticed: February 8, 2024
Comment deadline: March 18, 2024, 5:00 PM
Chapter 428: Stewardship Program for Packaging
Ch 428 Fact Sheet :: Ch 428 Draft Rule
Concise Summary:
This proposed rule provides details for implementing the Packaging Stewardship Program pursuant to 38 M.R.S. 2146, with the goals of reducing the burden to municipalities of managing packaging material and improving the design and management of packaging material. It characterizes packaging material, provides a method for determining municipal reimbursement and producer fees, provides a method and criteria for investing in infrastructure and education, details alternative collection programs, establishes a cap for the packaging stewardship fund, and provides mechanisms for ongoing assessment and updates to the program.
For more information regarding the EPR/Packaging program, please visit the Maine Department of Environmental Protection Extended Producer Responsibility for Packaging webpage.
Agency contact:
Brian Beneski
17 State House Station
Augusta, ME 04333
(207) 592-0248
Public hearing: March 7, 2024, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, Maine 04333
Public noticed: February 5, 2024
Comment deadline: March 18, 2024, 5:00 PM
Emergency Rulemaking: Chapter 305 Natural Resources Protection Act - Permit by Rule
Ch 305 Emergency Fact Sheet :: Ch 305 Draft Emergency Rule :: Ch 305 Emergency Rulemaking Board Memo :: CH 305 Emergency Rule
Concise Summary:
Public Law 2023, ch. 97 directed the Department to undertake rulemaking to amend Chapter 305 Natural Resources Protection Act (NRPA) - Permit By Rule to allow for the use of biodegradable stabilization materials in dune restoration projects. This law became effective October 25, 2023. Department staff have been working on a draft rule revision to implement the law that will be introduced to the Board in the coming weeks. Due to the recent storm events, there is an immediate need to allow for expedited approval of dune restoration and construction projects through permit by rule. This emergency rulemaking would put into place revisions to Chapter 305, Section 16A to allow coastal sand dune restoration using biodegradable stabilization materials to receive NRPA permits through permit by rule. All emergency rulemaking expires after 90 days, so this rule revision would be temporary.
Due to the emergency nature of this rulemaking, there will be no public hearing or official comment period. However, there will be an opportunity for the public to comment on the proposed emergency rule at the February 1, 2024 Board of Environmental Protection Meeting.
Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333
207-287-7844
Public hearing: none: emergency rulemaking
Public noticed: January 29, 2024
Comment deadline: none: emergency rulemaking, 5:00 PM
Effective Date: February 2, 2024
Chapter 2: Rule Concerning the Processing of Applications and Other Administrative Matters
Ch 2 Revised Draft Rule :: Ch 2 Revised Fact Sheet :: Comment on this Rule
Concise Summary:
Chapter 2 governs the processing of license applications, appeals of Commissioner license decisions to the Board, petitions and motions to modify, revoke or suspend licenses, petitions for corrective action orders, and other determinations on specific matters as described in the rule. The purpose of this rulemaking proposal is to revise or establish new procedural requirements and improve the clarity and organization of the rule based on the Department's experience applying Chapter 2 across a wide range of programs, and to incorporate recent legislative changes to the Boards responsibilities and duties.
Proposed amendments to the existing Chapter 2 were posted to public comment in December 2023. Since the posting the Legislature has taken up bills requiring additional changes to Chapter 2 and the Department has made substantive changes to the draft. These changes require reposting the rule to an additional public comment period.
Agency contact:
Bill Hinkel
17 State House Station
Augusta, ME 04333-0017
207-314-1458
Public hearing: January 18, 2024, 9:00 AM
Augusta Civic Center, 76 Community Dr
Augusta, ME 04330
Public noticed: December 19, 2023
Comment deadline: May 13, 2024, 5:00 PM
Chapter 167: Tracking and Reporting Gross and Net Annual Greenhouse Gas Emissions
Ch 167 Draft Rule :: Ch 167 Fact Sheet :: Ch 167 Final Rule
Concise Summary:
This proposed update to Chapter 167 revises the methods for the calculation of gross and net annual greenhouse gas emissions in the State for the purpose of assessing attainment of the reduction requirements set out at 38 MRS 576-A(1), (2) and (3). Methods and data sources used to calculate greenhouse gas emissions are regularly updated and the proposed changes to Chapter 167 will align the rule with recent updates.
Agency contact:
Stacy Knapp
17 State House Station
Augusta
(207) 287-2235
Public hearing: No public hearing is scheduled. There is a 30-day written comment period. A public hearing will be held if the Department receives 5 or more requests before the end of the comment period.
Public noticed: September 26, 2023
Comment deadline: October 30, 2023, 5:00 PM
Effective Date: February 6, 2024
Chapter 128: Advanced Clean Trucks Program
Ch 128 Fact Sheet :: Ch 128 Draft Rule :: Public hearing transcript
Concise Summary:
In response to a citizen petition, this rule is proposed to establish a program to reduce emissions from on-road vehicles over 8,500 pounds gross vehicle weight rating (GVWR) by incorporating the requirements of the California Advanced Clean Trucks regulation and is intended to accelerate sales of zero-emission vehicles over 8,500 pounds GVWR beginning model year 2027.
Agency contact:
Lynne Cayting
17 State House Station
Augusta, ME 04333-0017
(207)-287-7599
Public hearing: August 17, 2023, 9:00 a.m.
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330
Public noticed: July 26, 2023
Comment deadline: August 28, 2023, 5:00 PM
Chapter 127-A: Advanced Clean Cars II Program (Reposting)
Ch 127 Fact Sheet :: Ch 127 Draft Rule :: Public hearing transcript
Concise Summary:
Reposting
In response to a citizen petition, this new rule was proposed to establish motor vehicle emission standards for new passenger cars, light-duty trucks, and medium-duty vehicles by incorporating the requirements of the California Advanced Clean Cars II regulations, beginning model year 2027.
A public hearing on the proposed Chapter 127-A was held on August 17, 2023, and the comment period closed on August 28, 2023. A final vote on the proposed rule was scheduled for the Board meeting on December 21, 2023, however, due to the state of emergency resulting from the December 18 storm, that meeting was cancelled. This prevented a Board vote on whether to adopt the proposed rule, and forced any potential adoption beyond the rule's proposed effective date of January 1, 2024. This also prevents the rule from taking effect in time to apply to the 2027 model year. Therefore, the proposed rule has been amended to begin with model year 2028, and the Department is now requesting comments from the public concerning this substantive change. The Department has also proposed other non-substantive changes to the proposal.
Agency contact:
Lynne Cayting
17 State House Station
Augusta, ME 04333-0017
(207)-287-7599
Public hearing: August 17, 2023, 9:00 a.m.
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330
Public noticed: July 26, 2023
Comment deadline: February 5, 2024, 5:00 PM
Chapter 101: Visible Emissions Regulation
:: Ch 101 Proposed Rule :: Ch 101 Fact Sheet :: Ch 101 Final Effective Jan 1, 2024
Concise Summary:
Chapter 101 establishes visible emission standards, also known as opacity limits, for facilities, both licensed and unlicensed, and is a part of the State Implementation Plan (SIP) to fulfill requirements of the Clean Air Act. The Department is proposing various amendments to this existing rule to comply with federal requirements. Due to the potential need for facilities to reprogram existing data collection systems, the amendments are proposed to become effective the first day of the first calendar quarter that is at least 60 days after final adoption of the rule.
A public hearing was held on June 15, 2023, and the comment period closed on June 26, 2023. In response to public comments, and after discussions with EPA, substantive changes were made to the proposed amendments. The Department is now accepting public comments on the revised draft.
The new COMMENT DEADLINE is: September 29, 2023
Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
207-332-1279
Public hearing: June 15, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane (Door D7, East side entrance)
Augusta, Maine 04333
Public noticed: May 10, 2023
Comment deadline: September 29, 2023, 5:00 PM
Effective Date: January 1, 2024
Major Substantive
Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act
Ch 375 Fact Sheet :: Ch 375 Draft Rule
Concise Summary:
In P.L. 2023 ch. 448, the Legislature directed the Department to establish a compensation fee program for renewable energy development projects, specifically solar energy development, wind energy development, and high-impact transmission lines that trigger the Site Location of Development law. The new statute requires this program to allow for the payment of a compensation fee when the Department determines that off-site habitat improvement or preservation is necessary to mitigate the adverse effects of a renewable energy development on large undeveloped habitat blocks, important wildlife corridors, and other habitat types identified in consultation with the Department of Inland Fisheries and Wildlife.
The Department is proposing to amend Chapter 375, No Adverse Environmental Effect Standards of the Site Location of Development Act, to define these habitat resources and establish a compensation fee program. Compensation would be required if there would be any alteration to a deer wintering area, habitat of rare, threatened or endangered species, migratory bird pathway, or important wildlife corridor, or when there are certain alterations to large undeveloped habitat blocks. Compensation would be required if there would be more than 150 acres of alteration to core habitat in a large undeveloped habitat block in the Southern ecoregion, 250 acres in the Central Interior and Midcoast ecoregion, and 350 acres in other ecoregions, or when the development would eliminate a large undeveloped habitat block in the Southern or Central Interior and Midcoast ecoregion. A map intended to help understand the proposed amendment is available.
Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333-0017
207-287-7844
Public hearing: March 7, 2024, 9:00 AM
Augusta Civic Center, 76 Community Dr,
Augusta, ME 04330
Public noticed: January 31, 2024
Comment deadline: March 18, 2024, 5:00 PM
Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining
Ch 200 Draft Rule :: Ch 200 Fact Sheet
Concise Summary:
In response to P.L. 2023, ch. 398, the Department is proposing to amend the existing Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining (06-096 C.M.R. 200) to allow applications for exclusion from Chapter 200 requirements. In accordance with the law, this rule revision allows applications for exclusion for the physical extraction, crushing, grinding, sorting, or storage of metallic minerals. The revision creates a process for exclusion applications that includes pre-application geologic and hydrologic investigations and criteria for granting an exclusion.
To approve an exclusion, the Department must determine that the project will not have the potential to create acid rock drainage or alkali rock drainage, violate water quality standards (other than sedimentation and turbidity), or expose radioactive or other materials that could endanger human health or the environment. If an exclusion is granted, the excluded activities would be regulated under other existing laws: performance standards for quarrying, performance standards for borrow pits, Site Location of Development Law, or by the Land Use Planning Commission's statutes. The proposed revision also requires ongoing water quality monitoring in cases where an exclusion is granted.
Agency contact:
Naomi Kirk-Lawlor
State House Station 17
Augusta, ME 04333-0017
207-287-7844
Public hearing: January 18, 2024, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330
Public noticed: December 19, 2023
Comment deadline: January 29, 2024, 5:00 PM
Chapter 80: Reduction of Toxics in Packaging
Ch 80 Fact Sheet :: Ch 80 Draft Rule :: Ch 80 Final Rule
Concise Summary:
The purpose of this rulemaking proposal is to update the existing Chapter 80 in accordance with changes in the law and to update language and formatting. The proposed changes include the incorporation of an existing statutory sales prohibition on the use of phthalates in food packaging. The proposal also adds a new section 5, establishing a sales prohibition on the use of specific applications of intentionally added PFAS to certain types of food packaging. The addition of the new section 5 is major substantive rulemaking.
Agency contact:
Kerri Malinowski
17 State House Station
Augusta, ME 04333-0017
(207) 215-1894
Public hearing: November 16, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane. Entrance located on east side of building, Door D7.
Augusta, ME 04333
Public noticed: October 23, 2023
Comment deadline: November 30, 2023, 5:00 PM
Effective Date: February 6, 2024
Chapter 355: Coastal Sand Dune Rules
Ch 355 Fact Sheet :: Ch 355 Draft Rule
Concise Summary:
The Department proposes to update the Chapter 355, Section 3(H) definition of coastal sand dune systems to reference the current coastal sand dune maps prepared by the Maine Geological Survey in accordance with the best available science. Areas of the State that meet the definition of coastal sand dune systems are protected natural resources pursuant to the Natural Resources Protection Act (NRPA) and the Department's Chapter 355 Coastal Sand Dune Rules.
Supplemental documents:
Ch 355 Memo Attachment 2 - MGS Summary Table
Ch 355 Memo Attachement 3 - Coastal sand dune geology maps_ Kittery to Robbinston Maine
Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333
207-287-7844
Public hearing: September 21, 2023, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330
Public noticed: July 26, 2023
Comment deadline: October 4, 2023, 5:00 PM