Rulemaking History

Related page: Board of Environmental Protection (BEP)

For copies of rules now currently in effect, generally go to the Secretary's of State's website (off-site). Note: there may be a lag of a few weeks between the effective date and posting on the Secretary of State's website.

[Effective March 17, 2008] Amend Chapter 528, Pretreatment Program. Draft amendments. Notice form. Fact sheet.

[Effective February 25, 2008] Amend Chapter 305, Permit by Rule, subsection 20 on Activities in existing developed areas located in, on or over h igh or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas. The amendments were adopted unanimously by the BEP on 2/7/2008. The changes do not become effective until after a final review by the AG's Office, and filing of paperwork with the Secretary of State's Office (SOS). Amendments normally become effective 5 days after filing with SOS.

Section 20 as amended and effective 2/25/2008 (changes incorporated). For an unofficial copy of Ch. 305 including this revised chapter showing the effective date, go to the NRPA page, and click on "rules". Note: it normally takes a few weeks before the "official" copy is available on the Secretary of State's website.
Added 1/14/2008:
- Draft amendments proposed for adoption
- basis statement.
- Clean copy (what the rule would look like if the proposed changes were incorporated)
- Proposed adoption is scheduled for February 7, 2008. Location: the Holiday Inn/Ground Round, 110 Community Drive , Augusta , Maine 04330. BEP Agenda.
Draft amendment. Notice form. Fact sheet.

IMPORTANT NOTE: There is a text error in the draft amendment of subsection 30. Section 20(C)(4) and (5) are entirely new and should be completely underlined as follows.

(4) Cutting or removal of vegetation within a high or moderate value inland waterfowl and
wading bird habitat, or shorebird roosting area, is limited to:

(a) Removal of a safety hazard; or
(b) Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet in width as
measured between tree trunks and shrub stems. The footpath may not result in a cleared
line of sight to the water.
Any cutting or removal of vegetation within a shorebird roosting area under this paragraph
must be done in consultation with and as approved by the Department of Inland Fisheries and
Wildlife.

(5) Cutting or removal of vegetation within a shorebird feeding area must meet the vegetative
screening standards set forth in Mandatory Shoreland Zoning, 38 M.R.S.A. § 439-A(6). In
interpreting and enforcing these standards, the department shall rely upon the department’s
shoreland zoning rules regarding cutting or removal of vegetation for activities other than
timber harvesting1 and apply the cutting standards applicable within 75 feet of a coastal
wetland to the entire 100-foot feeding buffer.

[In effect] Amend Chapter 529, General Permits for Certain Wastewater Discharges. Text of proposed amendments; notice form. Final rule in effect June 27, 2007. Contact: Dennis Merrill 207-287-7788.

[In effect] Amend Chapter 595, State Revolving Fund. Text of proposed amendments; notice form; and fact sheet. Final rule in effect 5/5/2007. Contact: Stephen A. McLaughlin, 207-287-7768. Note: this is a joint rulemaking process with the Maine Municipal Bond Bank.

BEP meeting to request adoption: Thursday April 19, 2007.
Draft for adoption (showing changes); draft for adoption (with changes incorporated); basis statement.

[Finally Adopted] Adopt Chapter 587, In-stream Flow and Water Level Standards. More information about the Chapter 587 rulemaking. Major substantive.

[Effective] Amend Chapter 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt. Text of proposed amendments; notice form. Contact: Mark Stebbins. 207-822-6367. The following documents were created following consideration of public comment:

Final version of Ch. 378 as amended by the Environmental Protection (BEP) and effective 2/27/2007.

[Effective] Amend Chapter 500, Stormwater Management, and Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams. More information about Ch. 500/502 rulemaking.

[Effective] Amend Chapter 305, Permit by Rule, and Chapter 310, Wetlands and Waterbodies Protection Rule. More information about 305/310 rulemaking.

[Effective] Repeal and replace Chapter 543, Rules to Control the Subsurface Discharge of Pollutants. Notice; proposed text. Contact: Robert.D.Stratton 287-6114. Underground Injection Control (UIC) Program Page. Adopted text; basis statement. Final rule.

[Effective] Amend Chapters 335, Significant Wildlife Habitat, and amend Chapter 375, Section 15, Protection of Wildlife and Fisheries. Contact: Judy Gates, 207-624-3097.

4/20/2006: Chapter 335 approved (final approval) by the BEP. No further changes made.
- Copy of Ch. 335 approved - clean copy with amendments to rules incorporated).

Copy of Ch. 335 - showing amendments to existing rules.

4/12/2006: Resolve, chapter 183 effective. NOTE: see transition provision in Section 2:

"Sec. 2 . Implementation date; significant vernal pool habitat rule. Resolved: That the provisions regarding the regulation of activities in, on, over or adjacent to a significant vernal pool habitat in the rule authorized pursuant to this resolve may not be implemented prior to September 1, 2007. The Department of Environmental Protection may not require a permit for an activity that takes place in, on, over or adjacent to a significant vernal pool habitat pursuant to the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 5-A prior to September 1, 2007; and be it further"....

3/16/2006: Resolve 1981 approving Chapter 355 voted "ought to pass as amended" by Joint Committee on Natural Resources (March 16, 2006).

12/1/2005: Provisional adoption of Chapter 335 by BEP was on Dec. 1, 2005. Chapter 375 went through final adoption on the same day. Basis Statement. LD 1981, Resolve Regarding Chapter 335: Significant Wildlife Habitat, A Major Substantive Rule of DEP (off-site).
Notice (with hearing information). Memo to Board requesting permission to post; draft amendments to Chapter 335; draft amendments to Chapter 375(15); permitting scenarios 1 and 2; permitting scenario 3; power point presentation (pdf file).

[Effective] Amend Chapter 531, Regulations for Wastewater Operator Certification. Contact: Dick Darling, 207-287-7806. Final rule (effective May 8, 2006). Draft proposed for adoption; board memo; basis statement; letter received. Draft will be proposed for adoption at the BEP meeting on March 16, 2006. Notice (with hearing information), and draft amendments to chapter 531.

[Effective]. Amend Chapter 1000, Guidelines for Municipal Shoreland Zoning Ordinances, to rulemaking. Contact: Richard Baker, 207-287-7730. Note: the "final" unofficial copy below is provided by the DEP. The official copy will eventually be available through the Secretary of State's website.

The amendments become effective May 1, 2006.
Final (clean copy)
Final (showing changes)
Draft proposed for adoption; basis statement.
Draft amendments (posted for comment); memo; notice. Important Note: the comment period on this rulemaking has been extended to December 1, 2005 at 5:00 p.m.

[Effective] Amend Chapter 355, Coastal Sand Dunes Rules. See coastal sand dunes systems page.

[Informal drafts previously out to comment before beginning of formal rulemaking process] Draft Ch. 587-A, In-stream Flow Standards for Class AA Waters; Draft Ch. 587-B, In-stream Flow Standards for Class A, B, and C Waters; and Draft Ch. 587-C, Water Level Standards for Class GPA Waters. More information about draft Chapters 587-A, 587-B and 587-C.

[Effective] Repeal/replace Chapter 500, Stormwater Management, and Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams. Contact: the Division of Land Resource Regulation. Cover letter for provisionally adopted rules.

Historical information (previous materials)

Ch. 500 and Ch. 502 submitted for provisional adoption to the Board of Environmental Protection, and related documents including: basis statement; contents; flow chart; adoption memo.
Public comment draft Chapter 500 and Draft Chapter 502. See "notice" for hearing and comment information.
Supplementary materials: notice; posting memo; table of contents for Ch. 500; flow chart for Ch. 500.
Requested material: comparison of 5/12/04 draft and posted draft: Ch. 500 and Ch. 502.

[Effective] Amend Chapter 530.5, Surface Water Toxics Control Program. Contact: Dennis Merrill. Notice. More information. Effective October 9, 2005.

[Effective] Amendments to Chapter 305, Permit by Rule. Adopted text. History: Text of proposed amendments; notice (coming). Contact: Mike Mullen, 207-287-4728. Effective May 25, 2005.

[Effective] Chapter 532, Large Commercial Passenger Vessels [New]. More information about Ch. 532. Effective May 25, 2005. Text of adopted rule.

[Effective] Amend Chapter 594, State Contribution to Overboard Discharge Replacement Projects. Revision effective November 28, 2004. Basis statement; fact sheet. Notice, draft. Contact: Division of Water Resources Management.

[Effective] Amend Chapter 596, Overboard Discharges: Licensing and Abandonment. Revision effective November 27, 2004.

Notice; draft showing proposed amendments; clean draft showing amendments incorporated (for reference only). Contact: Pam Parker, 207-287-7905.

[Effective] Repeal and replace Chapter 355, Sand Dune Rules. Effective July 15, 2004.
Legislative Resolve concerning this chapter (this is a major substantive rule requiring legislative review).
Text adopted by the Board of Environmental Protection (BEP) on June 19th. Basis statement.

Materials submitted to BEP. Basis statement; underline/strike version showing changes made in response to comments received.

Proposed text; notice. Contact: Jeff Madore. 207-287-7848.

[Effective]. Adopt Chapter 315, Assessing and Mitigating Impacts to Existing Scenic and Aesthetic Uses. Adopted rule (final) (off-site)
Proposed text (images for page 7, page 8, and page 9); notice; memo. Contact: Judy Gates. 207-287-7691.

The hearing date for this rule was changed to April 3, 2003. Please see the notice for hearing and comment deadline information.

Note: through an error, the draft of Chapter 315 was made available on this page a day or two before it was officially posted for public comment. At posting, the Board of Environmental Protection (BEP) made two minor changes to the draft, which were then reflected in the proposed text linked above. The two changes made by BEP:

Section 4 - G. Scenic Resource. A place visited by the general public, in part for the ~~express~~ purpose of enjoying its visual quality. The attributes, characteristics, and features of the landscape of a scenic resource provide varying responses from, and varying degrees of benefits to, humans.

Section 7. Mitigation. In the case where the Department determines that the proposed activity may have an adverse visual impact on a scenic resource, applicants may be required to employ appropriate measures to mitigate the adverse impacts to the extent practicable. Mitigation ~~may~~ should reduce or eliminate the visibility of the proposed activity or alter the effect of the activity on the scenic or aesthetic use in some way.

[Effective May 27, 2003]. Adopted rule (unofficial copy); basis statement; memo to BEP.

Adopt Chapter 579, Classification Attainment Evaluation Using Biological Criteria for Rivers and Streams. Notice form; fact sheet; proposed rule. Contact: Susan Davies (207-287-7778). Note -- Previous materials related to this rule: a Frequently asked questions and Memo submitted to the Board of Environmental Protection. (pdf files)

[Withdrawn] Repeal and replace Chapter 355, Sand Dunes Rules. Proposed amendments; notice; memo. Contact: Jeff Madore. 207-287-7848.
Note: The Department halted the rulemaking on this draft, and reposted a revised draft to public comment.

[Effective] Amend Chapter 305 Permit by Rule Standards and Chapter 310 Wetland Protection Rules. Notice form; memo; proposed amendments to Ch. 305, proposed amendments to 310. Contact: Mike Mullen (207-287-4728). Versions provisionally adopted by the Board of Environmental Protection: amendments to Ch. 305; amendments to Ch. 310. Basis statement. Only a minor change to the definition of "crossing" in Chap. 305 resulted from comments.
Resolve, to Require the Board of Environmental Protection and the Maine Land Use Regulation Commission to Adopt Consistent Rules Regarding Cutting and Removal of Vegetation (PL 1999, ch. 116).
Final version of Chapter 305 as amended.

[Withdrawn] Proposed Chapter 585, Dissolved Oxygen Requirements for Rivers and Streams (would repeal and replace Chapter 585 rule titled "Identification of Fish Spawning Areas and Designation of Salmonid Spawning Areas"). Notice form; memo; proposed rule; existing rule. Contact: Dana Murch (207-287-7784).

[Effective December 3, 2001] Chapter 574: Siting and Operation of Road Salt and Sand-Salt Storage Areas. Contact: the Division of Water Resources Regulation (207-287-3901). Notice form; draft; supplementary information.
More information Final text. Basis statement.

[Effective] Amend Chapter 519: Interim Effluent Limitations and Controls for the Discharge of Mercury. Contact: Notice form; proposed amendments; memo. Contact: Dennis Merrill (207-287-3901) Removed sunset provision. Final text. Amendment effective October 6, 2001.

[Effective] Amend Chapter 375, Section 9, Buffer Strips. Contact: Mark Stebbins (207-287-3901). Notice form; draft. Final text. Amendments effective September 22, 2001.

[Effective] Amend Chapter 592, The Small Community Wastewater Program. Contact: Division of Water Resources Management. Notice form; draft. Final text. Amendments effective May 20, 2001.

[Effective] Rules assocated with NPDES delegation. Rules became effective upon delegation. For further information, see the delegation page.

[Withdrawn] Amend Chapter 310, Wetlands Protection. Contact: Jeff Madore (287-3901). Memo to BEP; draft; notice form.

[Effective] Amend Chapter 594. State Contribution to Overboard Discharge Replacement Projects. Contact: Division of Water Resources Management. Permission to post received April 6, 2000. Notice form; fact sheet; draft amendment. Chapter including amendments (clean copy). Effective September 25, 2000.

[Effective] Amend Chapter 305, Permit by Rule. Notice form and draft. Contact: Mike Mullen (287-4728). Adopted amendment; basis statement. Effective February 14, 2000.

[Effective] Amend Chapter 1000, State of Guidelines for Municipal Shoreland Zoning Ordinances. Memorandum to interested parties; notice form; and draft. Contact: Richard Baker (287-7730). Effective February 13, 2000. Text (off-site) (link coming)

[Effective] Repeal and replacement of Chapter 570, Combined Sewer Overflow Abatement. Notice form and draft. Contact: Stephen A. McLaughlin (287-7768). Adopted chapter; basis statement; memo to BEP. Effective Feb. 5, 2000.

[Effective] Rulemaking to establish interim mercury discharge standards for facilities subject to licensing under current state law. More information, excerpt from the July, 1999 O&M News (newsletter for treatment plant operators). Contact: Dennis Merrill (287-7788).
Notice; Proposed Chapter; and Fact Sheet (pdf files).
Adopted rule; basis statement Effective Feb. 5, 2000.

[Effective] Emergency rulemaking. The Department was petitioned by the Maine Forest Products Council to do emergency rulemaking to amend Section 10 of Chapter 305, Permit by Rule (PBR).
        Notice   (htm file); Proposed Changes   (pdf file).     If you cannot read pdf files, go here.
        Contact: Mike Mullen 287-4728
Effective Friday July 16, 1999, an emergency amendment to Section 10 of Chapter 305, Permit by Rule Standards, allows the continued use of the PBR process for forest management roads that consist of more than one stream crossing.   The emergency rule allows forest management roads involving more than one stream crossing to proceed under PBR, and allows all crossings within one town to be filed on one Notification Form. The rule is in effect for 90 days (October 12th). Further, the department will reconsider Section 10 and may proceed with a regular rulemaking effort in the near future.

[Effective] Amendments to Ch. 305, Permit by Rule (rules pursuant to the Natural Resources Protection Act). Contact: Mike Mullen (287-4728). Copy of Notice Form. Copy of memo to Board. Copy of proposed amendments. (pdf files)
Scheduled to request adoption of the amended rule at the BEP meeting on 5/12/99.
Amendments became effective June 1, 1999. The "official" version will be here, when available. Check the last page of the document. The recently amended document should show a June 1, 1999 effective date. In the interim, here is an unofficial copy from DEP and a table of contents.

[Effective] Amendments to Chapter 1000, Guidelines for Municipal Shoreland Zoning Ordinances. Adopted 1/13/99. Effective 2/6/99.

[Effective] Chapter 335. The Significant Wildlife Habitat Rules and Seabird Nesting Island Maps were approved by the Board of Environmental Protection and Attorney General's Office, filed with the Secretary of State, and became effective as of September 15, 1998. The Bangor, Augusta, and Portland offices have full sets of the maps (55), lists of the islands (233) by town, lists of the affected municipalities (51), and a key to the quads. Each town also has a map of the particular town's islands.