Department Rulemaking Proposals

Opportunity for Comment

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 Tom Graham (207) 451-2993.

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.

NOTICE: Comments submitted to the Department are public record. The Department regularly discloses public comments to requesters and make comments publicly available on its website. DO NOT INCLUDE any information you do not intend to make public, such as medical or other personal information. Comments submitted by email create records which will include the sender’s email address. Should you wish to maintain the privacy of the sending email, the Department encourages you to submit your written comments via conventional mail, withholding applicable contact information you do not wish to make public from the submission.

Routine technical proposed rulemaking actions

Major substantive proposed rulemaking actions

Routine Technical

Ch 850-859 Hazardous Waste Rules

Ch 850 Draft Rule (pdf) :: Ch 851 Draft Rule (pdf) :: Ch 852 Draft Rule (pdf) :: Ch 853 Draft Rule (pdf) :: Ch 854 Draft Rule (pdf)  :: Ch 855 Draft Rule (pdf)  :: Ch 856 Draft Rule (pdf)  :: Ch 857 Draft Rule (pdf)  :: Ch 858 Draft Rule (pdf)  :: Ch 859 Draft Rule (pdf) :: Comment on this Rule

Concise Summary:

The proposed rule updates are intended to clarify existing generator requirements, increase flexibility, and improve environmental protection for generators of hazardous waste. The proposed rules for pharmaceuticals will establish cost-saving, streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector while maintaining protection of human health and the environment. The Department is proposing to adopt the exclusions for airbag inflators, fully assembled airbag modules, and shredded circuit boards being recycled. The Department is proposing to add aerosol cans and electronic devices to the list of items that can be managed as universal waste. The proposed rule amendments also include updating regulatory citations throughout the rules to conform with the Department's "Legal Citation Standard Operating Procedure," correcting and/or clarifying some existing provisions, and incorporating consistent language throughout the chapters.

Chapters 850-859 Fact Sheet

  • Ch. 850, Identification of Hazardous Waste

  • Ch. 851, Standards for Generators of Hazardous Waste

  • Ch. 852, Land Disposal Restrictions

  • Ch. 853, Licensing of Transporters of Hazardous Waste

  • Ch. 854, Standards for Hazardous Waste Facilities

  • Ch. 855, Interim Licenses for Hazardous Waste Facilities

  • Ch. 856, Licensing of Hazardous Waste Facilities

  • Ch. 857, Hazardous Waste Manifest Requirements

  • Ch. 858, Universal Waste Rules

  • Ch. 859, Hazardous Waste Pharmaceuticals

Agency contact:
Cherrie Plummer
17 State House Station
Augusta, ME 04333-0017
207-830-1772

Public hearing: February 19, 2026, 9:00 am
Augusta Armory, 179 Western Ave.
Augusta, ME 04330

Public noticed: January 28, 2026

Comment deadline: March 2, 2026

Ch. 167: Tracking and Reporting Gross and Net Annual Greenhouse Gas Emissions

Ch. 167 Fact Sheet (docx) :: Ch. 167 Draft Rule (pdf)  :: Comment on this Rule

Concise Summary:

This 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).

Agency contact:
Allison Montgomery
17 State House Station
Augusta, ME 04333
(207) 414-2929

Public hearing: None unless requested

Public noticed: January 28, 2026

Comment deadline: Monday, March 2, 2026, 5:00 PM

Ch. 145: NOx Control Program

Ch 145: Fact Sheet (pdf) :: Ch 145: Draft Rule

Concise Summary:

This rulemaking clarifies applicability provisions of Chapter 145 by striking language referring to sources "in a county that has not received a NOx waiver." Due to the statewide NOx waiver issued in 2014, this revision is necessary to ensure this rule applies to affected sources as defined by this chapter, located in the OTR. This was always the intent of the rule.

Agency contact:
Erle Townsend
17 State House Station
Augusta, ME 04333-0017
(207) 215-6927

Public hearing: None unless requested

Public noticed: November 10, 2025

Comment deadline: December 15, 2025

Ch. 426: Responsibilities under the Returnable Beverage Container Law

Ch 426: Fact Sheet (pdf) :: Ch 426: Draft Rule (pdf)

Concise Summary:

This rule allows the Department to administer Manufacturers, Distributors, and Dealers of Beverage Containers, 38 M.R.S. 3101-3119. Chapter 426 was last updated in 2017, and its underlying statute has been adjusted many times since, most notably through Public Law 2023 c. 482 - An Act to Modernize Maine's Beverage Container Redemption Law. Among other things, P.L. 2023 c. 482 required all initiators of deposit to join commingling groups to commingle their containers and required the commingling groups to set up a commingling cooperative.

Agency contact:
Elena Bertocci
17 State House Station
Augusta, ME 04333
(207) 557-3218

Public hearing: December 4, 2025, 9:00 a.m.
State of Maine Public Safety, Chaplain A Room, 45 Commerce Drive
Augusta, ME 04333

Public noticed: November 10, 2025

Comment deadline: December 15, 2025

Ch. 691: Rules for Underground Oil Storage Facilities

Ch. 691: Fact Sheet (pdf) :: Ch. 691: Draft Rule (pdf)

Concise Summary:

Prior to enactment of P.L. 2023, ch. 16, the owner or operator of an underground storage tank (UST) used to store motor fuels or in the marketing and distribution of fuels was required to remove the tank and all associated piping from service upon expiration of the tank manufacturer's warranty, except that a double-walled UST was allowed to continue to be in service for up to 10 years beyond the expiration of the warranty, provided tightness testing was conducted to verify the integrity of the tank and the facility was brought up to current standards.

The recent amendment to 38 M.R.S. 564(5) removes the 10-year limitation, thereby allowing double-walled tanks to continue in service indefinitely as long as they meet all other regulatory requirements. The proposed rule revision would align Chapter 691 with the current law.

Beyond the necessary revisions to implement the amended law, the Department seeks to make the following revisions to Chapter 691.

-The last active single-walled UST storing motor fuels or used in the marketing and distribution of fuels was removed in 2020. Any new or replacement UST is required to be double-walled with continuous electronic monitoring. The Department proposes to remove unnecessary provision regarding leak detection options for single-walled USTs storing motor fuels or used in the marketing and distribution of fuels from Chapter 691.

-Revise Chapter 691, Appendix J: Requirements for Abandonment of Underground Oil Storage Tanks by Removal, to better align with the requirements, procedures, and operating conditions outlined in American Petroleum Institute (API) 1604; Closure of Underground Petroleum Storage Tanks and Petroleum Equipment Institute (PEI) 1700; Recommended Practices for the Closure of Underground Storage Tanks and Shop-Fabricated Aboveground Storage Tanks.

-Update Chapter 691, Appendix Q: Facility Closure Site Assessment Characterization and Notification Requirements, to align with changes to the soil and water laboratory notification levels of the Department's Remedial Action Guidelines for Contaminated Sites (RAGs) Effective Date: November 15, 2023.

-Update Chapter 691, Appendix R: List of National Standards and Codes Cited. Update outdated standards referenced in Chapter 691 with current additions.

-Non-substantive language and formatting improvements.

Agency contact:
Butch Bowie
17 State House Station
Augusta, ME 04333
(207) 215-4583

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: October 15, 2025

Comment deadline: November 14, 2025

Chapter 428: Stewardship Program for Packaging

Ch 428: Fact Sheet (pdf) :: Ch 428: Draft Rule (pdf) :: Ch 428: Appendix A (pdf)

Concise Summary:

The Department is proposing to:

  • Add Appendix A, The Packaging Material Types List to 06-096 C.M.R. Chapter 428: Stewardship Program for Packaging. The Packaging Material Types List defines packaging material and designates packaging material types readily recyclable, as applicable. Additionally, the list may further designate a packaging material type as compostable or reusable.

  • Amend Ch. 428 to align it to the changes made to 38 M.R.S. § 2146 in the 132nd Maine Legislature, First Special Session by: updating the definition of "consumer" and producer; Removing the language requiring participating municipalities to collect and recycle all packaging material designated readily recyclable; and Removing the requirement for producers to report on UPCs of products sold by packaging material type during annual producer reporting.

Additionally, the Department proposes the following changes to Ch. 428:

  • Removal of the 'alternative management' definition.

  • Change the regulatory reference from Chapter 850, Identification of Hazardous Wastes to Chapter 800, Identification of Hazardous Matter.

  • Removal of designed for direct food contact and is from the compostable packaging material definition.

Agency contact:
Brian Beneski
17 State House Station
Augusta, ME 04333
(207) 592-0248

Public hearing: October 16, 2025 at 9 AM EST
Augusta Civic Center, 76 Community Drive
Augusta, Maine 04330

Public noticed: September 24, 2025

Comment deadline: October 27, 2025

Chapter 310: Wetlands and Waterbodies Protection

Ch 310: Fact Sheet (pdf) :: Ch 310: Draft Rule (pdf) :: Ch 310: Staff Posting Memo (pdf)

Concise Summary:

Because the State's surface water and near surface groundwater resources are so extensive, wetlands can be hydrologically connected over large distances. Currently, wetlands that contain significant wildlife habitat, peatlands, or critically imperiled or imperiled plant communities are considered Wetlands of Special Significance and only a limited list of activities can be permitted within them, regardless of the distance between the proposed activity and the triggering feature. The proposed rule would allow the Department to permit additional activities within wetlands that are Wetlands of Special Significance because they contain significant wildlife habitat, peatlands, or critically imperiled or imperiled plant communities, provided: a) the activity is at least 750 feet from the triggering feature and b) the activity does not have an unreasonable adverse effect on the significant wildlife habitat, peatlands, or critically imperiled or imperiled plant community.

The proposed rule would also classify rivers, streams or brooks as Wetlands of Special Significance. Currently, coastal wetlands, great ponds, and freshwater wetlands within 25 feet of a river, stream, or brook are Wetlands of Special Significance. This change would limit the types of development activities that may occur in rivers, streams, or brooks. It would also mean the 2:1 compensation ratio used for Wetlands of Special Significance would apply for impacts to rivers, streams, or brooks.

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333
207-287-7844

Public hearing: September 18, 2025, 9:00am
Augusta Civic Center 76 Community Dr
Augusta, ME 04330

Public noticed: August 27, 2025

Comment deadline: September 29, 2025

Effective Date: January 5, 2026

Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances

Ch 90: Fact Sheet (pdf) :: Ch 90: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend rule Chapter 90, to establish designations for currently unavoidable uses of intentionally added PFAS in products subject to sales prohibition beginning January 1, 2026.

Ch. 90 Final Rule

Agency contact:
Kerri Malinowski Farris
17 State House Station
Augusta, ME 04333
(207) 215-1894

Public hearing: August 21, 2025, 9:00 AM
Augusta Civic Center, 76 Community Drive, Cumberland Room-1st Floor
Augusta, Maine 04330

Public noticed: July 30, 2025

Comment deadline: September 2, 2025

Effective Date: October 7, 2025

Chapter 165, General Permit for Class IV-A Incinerators

Ch 165: Fact Sheet (pdf) :: Ch 165: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend Chapter 165, General Permit for Class IV-A Incinerators, to clarify applicability and exclusions, allow for the submission of registrations and other information through an electronic licensing system, align requirements for visible emissions with those in Chapter 101, Visible Emissions Regulation, and address the voluntary surrender and transfer of a general permit.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 332-1279

Public hearing: 9:00 AM, September 18, 2025
Augusta Civic Center 76 Community Drive
Augusta, ME 04330

Public noticed: July 18, 2025

Comment deadline: September 29, 2025

Chapter 164, General Permit for Concrete Batch Plants

Ch 164: Fact Sheet (pdf) :: Ch 164: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend Chapter 164, General Permit for Concrete Batch Plants, to clarify applicability and exclusions, remove emission standards for nonroad engines, allow for the submission of registrations and other information through an electronic licensing system, align requirements for visible emissions with those in Chapter 101, Visible Emissions Regulation, and address the voluntary surrender and transfer of a general permit. All or parts of this rule may be submitted for inclusion in Maine's State Implementation Plan.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 332-1279

Public hearing: 9:00 AM, September 18, 2025
Augusta Civic Center 76 Community Drive
Augusta, ME 04330

Public noticed: July 18, 2025

Comment deadline: September 29, 2025

Chapter 149, General Permit Regulation for Nonmetallic Mineral Processing Plants

Ch 149: Fact Sheet (pdf) :: Ch 149: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend Chapter 149, General Permit Regulation for Nonmetallic Mineral Processing Plants, to clarify applicability and exclusions, remove emission standards for nonroad engines, allow for the submission of registrations and other information through an electronic licensing system, align requirements for visible emissions with those in Chapter 101, Visible Emissions Regulation, and address the voluntary surrender and transfer of a general permit. All or parts of this rule may be submitted for inclusion in Maine's State Implementation Plan.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 332-1279

Public hearing: 9:00 AM, September 18, 2025
Augusta Civic Center 76 Community Drive
Augusta, ME 04330

Public noticed: July 18, 2025

Comment deadline: September 29, 2025

Chapter 4: Oil Import Fees

Ch 4 - Draft Rule (pdf) :: Ch 4 - Fact Sheet (pdf)

Concise Summary:

The purpose of the rulemaking is to amend the Oil Import Fees listed in Section 4 of the rule by increasing the fee from 18 cents per barrel of gasoline to 20 cents per barrel as well as increasing the fee from 6 cents per barrel for other petroleum products except unrefined crude oil, liquid asphalt, and number 6 fuel oil to 10 cents per barrel.

Agency contact:
Christopher Fournier
Maine Department of Environmental Protection, 17 State House Station
17 State House Station, Augusta, ME 04333
(207) 287-7860

Public hearing:

Public noticed: June 30, 2025

Comment deadline: August 1, 2025

Major Substantive

Ch. 305: Natural Resources Protection Act - Permit by Rule Standards, and Ch. 335: Significant Wildlife Habitat

Ch. 305 and 335: Fact Sheet (pdf) :: Ch. 305: Draft Rule (pdf) :: Ch. 335: Draft Rule (pdf)

Concise Summary:

This rulemaking would update Chapter 335 and Chapter 305 to account for statutory changes related to significant wildlife habitat. P.L. 2023, ch. 156 expanded the statutory list of significant wildlife habitats (38 M.R.S. 480-B(10)) to include habitat for state endangered and state threatened species. This rulemaking would add Section 12 to Chapter 335 and revise Section 20 of Chapter 305 to incorporate this change. P.L. 2025, ch. 338 changed the way significant vernal pool habitat, a type of significant wildlife habitat, is regulated. This rulemaking would incorporate those changes by further limiting development within 100 feet of a significant vernal pool depression and extending habitat protections for significant vernal pool habitat regardless of property boundaries.

Additional objectives of the proposed Chapter 305 rulemaking are to:

  • Revise Section 13, Habitat creation or enhancement and water quality improvement activities, to 1) include federally recognized Indian tribes within the state in the list of entities allowed to undertake projects, and 2) give the Department the option to allow the use of wheeled or tracked equipment in the water if certain standards are met.

  • Revise Section 15, Public boat ramps, to include federally recognized Indian tribes within the state in the list of entities allowed to undertake projects under Section 15.

  • Update the erosion and sedimentation control standards in Section 19, Activities in, on or over significant vernal pool habitat, and Section 20, Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat or shorebird nesting, feeding, and staging areas.

Sections 13 and 15 of Chapter 305 will be adopted as a routine technical rulemaking.

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, Me 04333
207-287-7844

Public hearing: November 6, 2025, 9:00 a.m.
Room 101 Deering Building, 90 Blossom Lane
Augusta, Maine 04330

Public noticed: October 15, 2025

Comment deadline: November, 17, 2025

Effective Date: January 5, 2026