Rulemaking

Related pages: Prior versions of rules (under construction); Rulemaking History; Board of Environmental Protection (BEP)

Pre-formal rulemaking process

• Ch. 583. Nutrient Criteria for Fresh Surface Waters
• Site Law rules, Stormwater rules, and related provisions

Formal rulemaking process

• Chapter 305, Section 10, Stream Crossings. These rules have been posted to public comment.
  • Draft
  • Public notice (explaining how to comment)
  • Fact sheet
    

Other rules (Completed rulemakings)

• Chapter 305, Permit by Rule (routine technical). Posted for public comment by the Board of Environmental Protection on 4/16/2009.
  • Final amendments with effective date.
  • Amendments were adopted by the BEP on 6/18/2009 .
    • Revised draft (clean copy with errata changes)
    • Amendments for adoption
    • Basis statement
  • Draft amendments
• Reasons for proposed amendments
• Public notice (explaining how to comment)
• Comment deadline: June 1, 2009, 5:00 pm.
• Contact: Mike Mullen 207-287-4728
  
  
• Chapter 305, Permit by Rule - Section 16, Activities in Coastal Sand Dunes (major substantive). Posted for public comment by the Board of Environmental Protection on 4/16/2009
  • Amendments were provisionally adopted by the BEP on 6/18/2009.
    • Revised draft (clean copy with errata changes)
    • Amendments for adoption
    • Basis statement
  • Draft amendments
• Reasons for proposed amendments
• Public notice (explaining how to comment)
• Comment deadline: June 1, 2009, 5:00 pm.
• Contact: Mike Mullen 207-287-7768

 

• Regular Rulemaking -- Chapter 595, State Revolving Fund.
• The BEP will be considering adoption of these amendments on 5/21/2009.
  • Draft amendments (showing changes); draft with changes incorporated
  • Basis statement
  • Board memo
• Posted for public comment by the Board of Environmental Protection on 3/19/2009. Draft amendments
• Note: the proposed amendments are the same as those adopted through emergency rulemaking (below).
• Public notice (explaining how to comment)
• Comment deadline: May 1, 2009, 5:00 pm.
• Contact: Steve McLaughlin 207-287-7768
• Emergency Rulemaking -- Chapter 595, State Revolving Fund (Amendment). Note, emergency rules are effective for 90 days from filing with the Secretary of State.
  • Copy of emergency rules (with amendments incorporated) that became effective 4/7/2009.
  • Emergency amendments were adopted on March 19th without further change. Final paperwork is being done, and the amendments will take effect shortly upon filing with the Secretary of State (SOS). Amendments will be in effect for 90 days from filing with SOS.
  • Consideration of adoption of the proposed emergency amendments by the Board of Environmental Protection (BEP) was rescheduled to March 19th.
  • Proposed amendments to Chapter 595. NOTE: Text correction made 2/10/2009.
  • Notice form (explaining how to comment)
  • Comment deadline: February 11, 2009 at 5:00 pm
  • Contact: Steve McLaughlin 207-287-7768
• Chapter 310, Wetlands and Waterbodies -
• Amendments effective January 26, 2009. Chapter 310 as revised (amendments were to Section 5(A) only).
• 11/20/2008. The BEP voted to adopt the proposed amendments on November 20, 2008, with one correction in numbering. The changes will not become effective until final filing and review requirements are met, which normally takes a few weeks.
• The BEP will be considering adoption of these amendments on November 20, 2008. Materials:
  • Adoption memo
  • Basis statement
  • Proposed amendments
• Section 5(A). Permission was received from the BEP on 8/21/2008 to post amendments to Section 5(A) to public comment. This is a routine technical rulemaking. The deadline for public comment is October 3, 2008 at 5:00 pm.
  • Draft amendments to Section 5(A) of Chapter 310.
  • Public notice for Chapter 310, Section 5(A) (including information about how to comment).
  • Contact: Hetty Richardson, 207-287-7799
• Chapter 335, Significant Wildlife Habitat (Amendment). Permission was received from the BEP on 10/16/08 to post proposed amendments to Chapter 335 to public comment. More information on the Ch. 335 rulemaking.

• Chapter 555, Standards for the Addition of Transported Wastes to Wastewater Treatment Facilities (repeal and replace). Permission will be requested on October 2, 2008 from the Board of Environmentlal Protection (BEP) to post this chapter to public comment.
  • Final rule, effective March 9, 2009.
  • Draft Chapter 555 (would repeal and replace existing Chapter 555)
  • Posting memo
  • "Revisions to DEP's septage rules for treatment facilities" (supplementary material)
  • Contact: Dennis Merrill, 207-287- 7788

• Chapter 342, Significant Groundwater Wells.
  • The proposed rules have been withdrawn. It is anticipated that this rulemaking will be started again in late 2009.
  • Permission was received from the BEP on 8/7/2008 to post this chapter to public comment. This a new chapter, and it is a routine technical rule. The chapter includes a fee schedule and public information requirement. Rulemaking on these subjects was required by PL 2007, ch. 399(14) and (15). The chapter also addresses a pre-application and pre-submission requirement. The deadline for public comment is September 19th, 2008 at 5:00 pm.
    • Revised draft (see underline/strike for changes from posted draft) and basis statement. On BEP agenda for November 6, 2008. The meeting begins at 9:00 a.m., and is located at the Holiday Inn , 110 Community Drive , Augusta, Maine.
    • Draft Chapter 342.
    • Public notice for Chapter 342 (including information about how to comment).
    • Contact: Hetty Richardson, 207-287-7799

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