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BEP Home > Purpose

Purpose / Board of Environmental Protection

The Board of Environmental Protection is a citizen board created by the Leigslature. As set forth in statute, the purpose of the Board is "to provide informed, independent and timely decisions on the interpretation, administration, and enforcement of the laws relating to environmental protection and to provide for credible, fair, and responsible public participation in Department decisions. The Board shall fulfill its purpose through rulemaking decisions, decisions on selected permit applications, review of the Commissioner's licensing and enforcement actions and recommending changes in the law to the Legislature" [38 MRSA Section 341-B].

Statute directs the Board to exercise independent judgment on the matters before it. The Board is not bound by the views of others or, in the case of an appeal, by the Commissioner's decision.

Member Qualifications and Requirements

The Board consists of 10 members who are nominated by the Governor and confirmed by the Legislature. Members of the Board are chosen to represent a broad range of interests and experience. At least four members must be residents of the First Congressional District and four members must be residents of the Second Congressional District. Members are appointed for staggered four-year terms, and no member may serve more than two consecutive four-year terms. The Chair is appointed by the Governor. [38 M.R.S.A. Section 341-C]. Statute directs the Board to exercise independent judgment on the matters before it. The Board is not bound by the views of others or, in the case of an appeal, by the Commissioner's decision. Board members are not employed by the State; rather, they volunteer their time and expertise to serve the State in this capacity. For information on current members please visit the Member Bios section of this site.

Operation

The Board is staffed by an Executive Analyst and an Administrative Assistant, and is assisted by the professional staff of the Department and the Office of the Attorney General.

The Board conducts regular meetings in Augusta on the first and third Thursdays of each month, but the schedule may expand or contract depending on the workload. Public hearings on applications of significant public interest are scheduled separately and in a location near the site of the proposed project.

Six members of the Board constitute a quorum for a vote of the Board and for rulemaking hearings. Three members constitute a quorum for other hearings held by the Board. All proceedings before the Board must be recorded electronically. [38 MRSA section 341-E] Minutes of Board meetings are posted on this web page.

Board / Duties and Responsibilities

The board is charged with the following duties and responsibilities.

A. Rule-making

Under provisions of 38 M.R.S.A. § 341-D the Board has the authority to adopt rules for the Department of Environmental Protection:"Subject to the Maine Administrative Procedure Act, the board shall adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering. The Board shall also adopt, amend and repeal rules as necessary for the conduct of its business."

The Commissioner has statutory authority to submit new or amended rules to the Board for adoption. The Commissioner generally initiates rulemaking in response to new statutory mandates or perceived deficiencies in existing rules. Rules the Commissioner anticipates proposing are identified in the Department's regulatory agenda.

B. Appeals

Final license decisions of the Commissioner may be reviewed by or appealed to the Board. Under provisions of 38 M.R.S.A. Section 341-D(4), "The Board shall review, may hold a hearing at its discretion on and may affirm, amend or reverse any of the following:

  1. Final license or permit decisions made by the Commissioner when a person aggrieved by a decision of the Commissioner appeals that decision to the Board within 30 days of the filing of the decision with the Board staff…
  2. License or permit decisions made by the Commissioner that the Board votes to review within 30 days of the next regularly scheduled board meeting following written notification to the Board of the Commissioner's decision…
  3. License or permit decisions appealed to the board under another law…"

The Board's decision may be appealed to Maine's Superior Court.

C. Permit & License Applications

The majority of license applications are processed at the staff level. However, the Board may assume jurisdiction over an application in response to a request from a member of the public or at its own initiative if it finds that certain criteria are met. The statutory criteria for Board jurisdiction are set forth in 38 M.R.S.A. Section 341-D, subsection 2.

"The Board shall decide each application for approval of permits and licenses that in its judgment:

  1. Involves a policy, rule or law that the Board has not previously interpreted;
  2. Involves important policy questions that the Board has not resolved;
  3. Involves important policy questions or interpretations of a rule or law that require re-examination; or
  4. Have generated substantial public interest.

The Board may vote to assume jurisdiction of an application if it finds that one or more of the criteria in this subsection have been met."

D. Revocation

The Board, in response to a petition and after notice and opportunity for hearing, may revoke, modify or suspend a license if it finds that:

  1. The licensee has violated any condition of the license;
  2. The licensee has obtained a license by misrepresenting or failing to disclose fully all relevant facts;
  3. The licensed discharge or activity poses a threat to human health or the environment;
  4. The license fails to include any standard or limitation legally required on the date of issuance;
  5. There has been a change in any condition or circumstance that requires revocation, suspension or a temporary or permanent modification of the terms of the license;
  6. The licensee has violated any law administered by the Department; or
  7. The licensee fails to include any standard or limitation required pursuant to the Federal Clean Air Act Amendments of 1990.

E. Enforcement

Under provisions of 38 M.R.S.A. Section 341-D, subsection 6. Enforcement. "The Board shall:

  1. Advise the Commissioner on enforcement priorities and activities;
  2. Advise the Commissioner on the adequacy of penalties and enforcement activities;
  3. Approve administrative consent agreements pursuant to section 347-A, subsection 1;
  4. Hear appeals of emergency orders pursuant to section 347-A, subsection 3."

The Board reviews and ratifies all administrative consent agreements and enforcement orders.

F. Reports To Legislature

Under provisions of 38 M.R.S.A. section 341-D, subsection 7, the Board has a statutory responsibility to report periodically to the Legislature.

"The Board shall report to the joint standing committee of the Legislature having jurisdiction over energy and natural resource matters by January 15th of the first regular session of each Legislature on the effectiveness of the environmental laws of the State and any recommendations for amending those laws or the laws governing the Board."

These reports summarize the matters which have come before the Board since the prior report and present issues for consideration by the Legislature as it considers changes to law.