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 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.

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

Chapter 138: Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides (NOx RACT)

Ch 138 Draft Rule :: Ch 138 Fact Sheet :: Comment on this Rule

Concise Summary:

The Department proposes to revise Chapter 138 to: clarify applicability of the rule; reevaluate NOx RACT for affected facilities located in the ozone transport region (OTR) due to promulgation of the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS); replace blanket exemptions with alternative emission limits; and remove obsolete requirements.

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

Public hearing: 9:00 AM, October 17, 2024
Augusta Civic Center 76 Community Drive
Augusta

Public noticed: September 12, 2024

Comment deadline: October 28, 2024, 5:00 PM

Chapter 145: NOx Control Program

Ch 145 Draft Rule :: Ch 145 Fact Sheet

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

Effective Date: July 8, 2024

Chapter 140: Part 70 Air Emission License Regulation

Ch 140 Draft Rule :: Ch 140 Fact Sheet

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

Effective Date: July 8, 2024

Chapter 428: Stewardship Program for Packaging

Ch 428 Reposting Fact Sheet :: Ch 428 Reposting Draft Rule :: Comment on this 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.

Proposed amendments to the existing Chapter 428 were posted to public comment in February 2024. Since the posting the Department has made substantive changes to the draft. These changes require reposting the rule to an additional public comment period.

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

Public hearing: A public hearing was held March 7, 2024. The proposed rule is being reposted for additional written comment.

Public noticed: February 5, 2024

Comment deadline: August 26, 2024, 5:00 PM

Chapter 2: Rule Concerning the Processing of Applications and Other Administrative Matters

Ch 2 Revised Draft Rule :: Ch 2 Revised Fact Sheet

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

Effective Date: September 15, 2024

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

Major Substantive

Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act

Ch 375 Reposting Fact Sheet :: Ch 375 Reposting Draft Rule :: Ch 375 Reposting Changes :: Comment on this Rule

Concise Summary:

Update: New layers are available on the Habitat Connectivity Map. As an aid for visualizing different ways to define large undeveloped habitat blocks in Western, Northern and Downeast Maine, the Department has added layers showing distances of 0.5, 1, and 2 miles from all roads (those available in the E911 database) and from paved public roads. For context, the Department also added available data from the Department of Inland Fisheries and Wildlife showing essential habitats, Natural Resource Protection Act habitats and habitats of endangered species, threatened species, and species of special concern. To turn layers on and off, see the list of data layers in the upper right-hand corner of the map. Please note that this map is for illustrative purposes only; it is intended as guidance and may contain errors. Please also note that some layers may take time to load.

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. The Department held a public hearing on the first iteration of this proposed rule on March 7, 2024 and received written comments through March 18, 2024. On June 6, 2024 the Board of Environmental Protection held a deliberative session to consider the proposed rule. Based on public comments and Board deliberations the proposed rule was revised in various ways, including reducing compensation ratios (except for endangered and threatened species habitat), allowing for term easements, eliminating migratory bird pathways, changing the definition of large undeveloped habitat blocks outside of Southern and Central Interior and Midcoast Maine, and adjusting the way land values are determined.

The Department is particularly interested in public comments regarding the definition of large undeveloped habitat blocks in Western, Northern and Downeast Maine (outside of the Southern and Central Interior and Midcoast ecoregions), the appropriateness of the proposed compensation ratios, and the potential for the use of term easements or deed restrictions as a form of compensation. 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: A public hearing was held March 7, 2024. The proposed rule is being reposted for additional written comment.

Public noticed: January 31, 2024

Comment deadline: September 9, 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

Effective Date: June 22, 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 Board Posting Memo

Ch 355 Memo Attachment 2 - MGS Summary Table

Ch 355 Memo Attachement 3 - Coastal sand dune geology maps_ Kittery to Robbinston Maine

Final Rule

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

Effective Date: May 22, 2024