Opportunity for Comment

Infrastructure State Implementation Plan Conflict of Interest Provisions

Comment deadline: August 12, 2019

The Department is proposing to amend the Maine State Implementation Plan by incorporating Maine's statutory conflict of interest provisions governing Board of Environmental Protection members and the Commissioner.

The State Implementation Plan is the federally-enforceable plan for Maine that identifies how the State will attain and/or maintain the National Ambient Air Quality Standards. The Clean Air Act requires the State Implementation Plan to contain provisions that: (1) any board or body which approves permits or enforcement orders under the Clean Air Act has at least a majority of members who represent the public interest, and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this Act, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.

Maine law was recently amended to address these federal requirements, and the Department will be submitting the recently-enacted conflict of interest provisions found in 38 M.R.S. Section 341-C(8) (Public Law 2019, Chapter 180) for incorporation into the State Implementation Plan. The Department is additionally proposing to submit the conflict of interest provisions pertaining to the Commissioner of the Department of Environmental Protection as contained in 38 M.R.S. Section 341-A(3)(D) and recently amended Board of Environmental Protection provisions of 38 M.R.S. Section 341-C(2) for approval into the Maine SIP, thereby satisfying its Clean Air Act planning requirements and further strengthening the enforcement of these provisions.

Copies of this proposal are available upon request by contacting the Agency contact person or on this web page below.

Pursuant to Maine law, interested parties are publicly notified of the 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. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period. Submit comments to:

Jeffrey S. Crawford jeff.s.crawford@maine.gov
Department of Environmental Protection
State House Station 17
Augusta, ME 04333-0017
207-287-7647
Fax: 207-287-2814

38 M.R.S. Section 341-C(2), 38 M.R.S. Section 341-C(8) (Public Law 2019, Chapter 180)
38 M.R.S. Section 341-A(3)(D)