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 Tom Graham (207) 451-2993.

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

Ch. 691: Rules for Underground Oil Storage Facilities

Ch. 691: Fact Sheet (pdf) :: Ch. 691: Draft Rule (pdf) :: Comment on this Rule

Concise Summary:

Prior to enactment of P.L. 2023, ch. 16, the owner or operator of an underground storage tank (UST) used to store motor fuels or in the marketing and distribution of fuels was required to remove the tank and all associated piping from service upon expiration of the tank manufacturer's warranty, except that a double-walled UST was allowed to continue to be in service for up to 10 years beyond the expiration of the warranty, provided tightness testing was conducted to verify the integrity of the tank and the facility was brought up to current standards.

The recent amendment to 38 M.R.S. 564(5) removes the 10-year limitation, thereby allowing double-walled tanks to continue in service indefinitely as long as they meet all other regulatory requirements. The proposed rule revision would align Chapter 691 with the current law.

Beyond the necessary revisions to implement the amended law, the Department seeks to make the following revisions to Chapter 691.

-The last active single-walled UST storing motor fuels or used in the marketing and distribution of fuels was removed in 2020. Any new or replacement UST is required to be double-walled with continuous electronic monitoring. The Department proposes to remove unnecessary provision regarding leak detection options for single-walled USTs storing motor fuels or used in the marketing and distribution of fuels from Chapter 691.

-Revise Chapter 691, Appendix J: Requirements for Abandonment of Underground Oil Storage Tanks by Removal, to better align with the requirements, procedures, and operating conditions outlined in American Petroleum Institute (API) 1604; Closure of Underground Petroleum Storage Tanks and Petroleum Equipment Institute (PEI) 1700; Recommended Practices for the Closure of Underground Storage Tanks and Shop-Fabricated Aboveground Storage Tanks.

-Update Chapter 691, Appendix Q: Facility Closure Site Assessment Characterization and Notification Requirements, to align with changes to the soil and water laboratory notification levels of the Department's Remedial Action Guidelines for Contaminated Sites (RAGs) Effective Date: November 15, 2023.

-Update Chapter 691, Appendix R: List of National Standards and Codes Cited. Update outdated standards referenced in Chapter 691 with current additions.

-Non-substantive language and formatting improvements.

Agency contact:
Butch Bowie
17 State House Station
Augusta, ME 04333
(207) 215-4583

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: October 15, 2025

Comment deadline: November 14, 2025

Chapter 428: Stewardship Program for Packaging

Ch 428: Fact Sheet (pdf) :: Ch 428: Draft Rule (pdf) :: Ch 428: Appendix A (pdf) :: Comment on this Rule

Concise Summary:

The Department is proposing to:

  • Add Appendix A, The Packaging Material Types List to 06-096 C.M.R. Chapter 428: Stewardship Program for Packaging. The Packaging Material Types List defines packaging material and designates packaging material types readily recyclable, as applicable. Additionally, the list may further designate a packaging material type as compostable or reusable.
  • Amend Ch. 428 to align it to the changes made to 38 M.R.S. § 2146 in the 132nd Maine Legislature, First Special Session by:
    • Updating the definition of "consumer" and producer;
    • Removing the language requiring participating municipalities to collect and recycle all packaging material designated readily recyclable; and
    • Removing the requirement for producers to report on UPCs of products sold by packaging material type during annual producer reporting.

Additionally, the Department proposes the following changes to Ch. 428:

  • Removal of the 'alternative management' definition.

  • Change the regulatory reference from Chapter 850, Identification of Hazardous Wastes to Chapter 800, Identification of Hazardous Matter.

  • Removal of designed for direct food contact and is from the compostable packaging material definition.

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

Public hearing: October 16, 2025 at 9 AM EST
Augusta Civic Center, 76 Community Drive
Augusta, Maine 04330

Public noticed: September 24, 2025

Comment deadline: October 27, 2025

Chapter 310: Wetlands and Waterbodies Protection

Ch 310: Fact Sheet (pdf) :: Ch 310: Draft Rule (pdf) :: Ch 310: Staff Posting Memo (pdf)

Concise Summary:

Because the State's surface water and near surface groundwater resources are so extensive, wetlands can be hydrologically connected over large distances. Currently, wetlands that contain significant wildlife habitat, peatlands, or critically imperiled or imperiled plant communities are considered Wetlands of Special Significance and only a limited list of activities can be permitted within them, regardless of the distance between the proposed activity and the triggering feature. The proposed rule would allow the Department to permit additional activities within wetlands that are Wetlands of Special Significance because they contain significant wildlife habitat, peatlands, or critically imperiled or imperiled plant communities, provided: a) the activity is at least 750 feet from the triggering feature and b) the activity does not have an unreasonable adverse effect on the significant wildlife habitat, peatlands, or critically imperiled or imperiled plant community.

The proposed rule would also classify rivers, streams or brooks as Wetlands of Special Significance. Currently, coastal wetlands, great ponds, and freshwater wetlands within 25 feet of a river, stream, or brook are Wetlands of Special Significance. This change would limit the types of development activities that may occur in rivers, streams, or brooks. It would also mean the 2:1 compensation ratio used for Wetlands of Special Significance would apply for impacts to rivers, streams, or brooks.

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333
207-287-7844

Public hearing: September 18, 2025, 9:00am
Augusta Civic Center 76 Community Dr
Augusta, ME 04330

Public noticed: August 27, 2025

Comment deadline: September 29, 2025

Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances

Ch 90: Fact Sheet (pdf) :: Ch 90: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend rule Chapter 90, to establish designations for currently unavoidable uses of intentionally added PFAS in products subject to sales prohibition beginning January 1, 2026.

Ch. 90 Final Rule

Agency contact:
Kerri Malinowski Farris
17 State House Station
Augusta, ME 04333
(207) 215-1894

Public hearing: August 21, 2025, 9:00 AM
Augusta Civic Center, 76 Community Drive, Cumberland Room-1st Floor
Augusta, Maine 04330

Public noticed: July 30, 2025

Comment deadline: September 2, 2025

Effective Date: October 7, 2025

Chapter 165, General Permit for Class IV-A Incinerators

Ch 165: Fact Sheet (pdf) :: Ch 165: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend Chapter 165, General Permit for Class IV-A Incinerators, to clarify applicability and exclusions, allow for the submission of registrations and other information through an electronic licensing system, align requirements for visible emissions with those in Chapter 101, Visible Emissions Regulation, and address the voluntary surrender and transfer of a general permit.

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

Public hearing: 9:00 AM, September 18, 2025
Augusta Civic Center 76 Community Drive
Augusta, ME 04330

Public noticed: July 18, 2025

Comment deadline: September 29, 2025

Chapter 164, General Permit for Concrete Batch Plants

Ch 164: Fact Sheet (pdf) :: Ch 164: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend Chapter 164, General Permit for Concrete Batch Plants, to clarify applicability and exclusions, remove emission standards for nonroad engines, allow for the submission of registrations and other information through an electronic licensing system, align requirements for visible emissions with those in Chapter 101, Visible Emissions Regulation, and address the voluntary surrender and transfer of a general permit. All or parts of this rule may be submitted for inclusion in Maine's State Implementation Plan.

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

Public hearing: 9:00 AM, September 18, 2025
Augusta Civic Center 76 Community Drive
Augusta, ME 04330

Public noticed: July 18, 2025

Comment deadline: September 29, 2025

Chapter 149, General Permit Regulation for Nonmetallic Mineral Processing Plants

Ch 149: Fact Sheet (pdf) :: Ch 149: Draft Rule (pdf)

Concise Summary:

The Department is proposing to amend Chapter 149, General Permit Regulation for Nonmetallic Mineral Processing Plants, to clarify applicability and exclusions, remove emission standards for nonroad engines, allow for the submission of registrations and other information through an electronic licensing system, align requirements for visible emissions with those in Chapter 101, Visible Emissions Regulation, and address the voluntary surrender and transfer of a general permit. All or parts of this rule may be submitted for inclusion in Maine's State Implementation Plan.

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

Public hearing: 9:00 AM, September 18, 2025
Augusta Civic Center 76 Community Drive
Augusta, ME 04330

Public noticed: July 18, 2025

Comment deadline: September 29, 2025

Chapter 4: Oil Import Fees

Ch 4 - Draft Rule (pdf) :: Ch 4 - Fact Sheet (pdf)

Concise Summary:

The purpose of the rulemaking is to amend the Oil Import Fees listed in Section 4 of the rule by increasing the fee from 18 cents per barrel of gasoline to 20 cents per barrel as well as increasing the fee from 6 cents per barrel for other petroleum products except unrefined crude oil, liquid asphalt, and number 6 fuel oil to 10 cents per barrel.

Agency contact:
Christopher Fournier
Maine Department of Environmental Protection, 17 State House Station
17 State House Station, Augusta, ME 04333
(207) 287-7860

Public hearing:

Public noticed: June 30, 2025

Comment deadline: August 1, 2025

Chapter 583: Nutrient Criteria for Class AA, A, B, and C Fresh Surface Waters

Ch 583 Fact Sheet :: Ch 583 Draft Rule :: Description of Draft Nutrient Criteria

Concise Summary:

The Department is proposing the new chapter 583 to establish methods to address nutrient enrichment in certain fresh surface waters of the state. Nutrient enrichment can cause negative environmental impacts to surface waters-such as algal blooms, low dissolved oxygen concentrations, excessive growths of filamentous algae or bacteria, and generation of cyanotoxins or affect the resident biological community. The Department of Environmental Protection will use the methods described in this Chapter to make decisions about attainment of designated and existing uses of aquatic life support, habitat, and recreation in and on the water of surface waters established in the State's water quality classification system (38 M.R.S. 464-470). This Chapter also sets forth a framework to identify and establish site-specific phosphorus and other nutrient criteria through additional rulemaking.

Agency contact:
Matthew Hight
17 State House Station
Augusta, Me 04333
207-719-0703

Public hearing: January 16, 2025, 9:00 AM
Deering Building, Room101, 90 Blossom Lane (Use the Main Entrance, D1.)
Augusta, Maine 04333

Public noticed: December 13, 2024

Comment deadline: January 28, 2025

Effective Date: June 11, 2025

Chapter 305 Natural Resources Protection Act - Permit by Rule Standards and Chapter 310 Wetlands and Waterbodies Protection

Ch 305/310 Fact Sheet (pdf) :: Ch 305 Draft (pdf) :: Ch 310 Draft (pdf)

Concise Summary:

The Department is proposing to amend the Chapter 305 Natural Resources Protection Act (NRPA) Permit by Rule Standards and the Chapter 310 Wetlands and Waterbodies Protection rules in order to:

  • encourage nature-based shoreline stabilization methods using vegetation and biodegradable stabilization materials;
  • place appropriate limits on the use of hardened stabilization structures like riprap and seawalls to ensure project impacts are reasonable and to address cumulative impacts; and
  • simplify and speed up the permitting process for applicants and the Department.

The proposed rule changes would also implement two laws passed by the 131st Legislature, which allowed for the use of biodegradable stabilization methods for sand dune restoration (P.L. 2023 ch. 97) and allowed for increasing the height of piers, wharves and docks when these structures are replaced through permit by rule (P.L. 2023 ch. 531). Other proposed changes include expanding the non-development activities allowed through permit by rule in coastal sand dune systems, increasing the time limit for processing NRPA permit by rule applications to the statutory timeline of 20 working days, and updating erosion and sedimentation control standards throughout Chapter 305 to reflect current best practices.

Staff memo to Board of Environmental Protection RE: Proposed revisions to Chapter 305, Natural Resources Protection Act - Permit by Rule Standards and Chapter 310, Wetlands and Waterbodies Protection Rules

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, Me 04333
207-287-7844

Public hearing: 9:00 AM, December 19, 2024
Augusta Civic Center, 76 Community Dr,
Augusta, ME 04333

Public noticed: November 21, 2024

Comment deadline: January 13, 2025, 5:00pm

Effective Date: June 17, 2025

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

Ch 138 Fact Sheet (pdf) :: Ch 138 Reposting Draft Rule with Changes (pdf)

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.

Additional information:

Proposed amendments to the existing Chapter 138 were posted to public comment in September 2024. Since the posting, the Department has made changes to the proposed rule, some of which may be considered substantial. These changes require reposting the rule to an additional public comment period.

Proposed rule showing only the changes made since the previous posting(pdf)

Clean version of the proposed rule with all changes accepted(pdf)

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: February 4, 2025

Effective Date: May 7, 2025

Major Substantive

Ch. 305: Natural Resources Protection Act - Permit by Rule Standards, and Ch. 335: Significant Wildlife Habitat

Ch. 305 and 335: Fact Sheet (pdf) :: Ch. 305: Draft Rule (pdf) :: Ch. 335: Draft Rule (pdf) :: Comment on this Rule

Concise Summary:

This rulemaking would update Chapter 335 and Chapter 305 to account for statutory changes related to significant wildlife habitat. P.L. 2023, ch. 156 expanded the statutory list of significant wildlife habitats (38 M.R.S. 480-B(10)) to include habitat for state endangered and state threatened species. This rulemaking would add Section 12 to Chapter 335 and revise Section 20 of Chapter 305 to incorporate this change. P.L. 2025, ch. 338 changed the way significant vernal pool habitat, a type of significant wildlife habitat, is regulated. This rulemaking would incorporate those changes by further limiting development within 100 feet of a significant vernal pool depression and extending habitat protections for significant vernal pool habitat regardless of property boundaries.

Additional objectives of the proposed Chapter 305 rulemaking are to:

  • Revise Section 13, Habitat creation or enhancement and water quality improvement activities, to 1) include federally recognized Indian tribes within the state in the list of entities allowed to undertake projects, and 2) give the Department the option to allow the use of wheeled or tracked equipment in the water if certain standards are met.

  • Revise Section 15, Public boat ramps, to include federally recognized Indian tribes within the state in the list of entities allowed to undertake projects under Section 15.

  • Update the erosion and sedimentation control standards in Section 19, Activities in, on or over significant vernal pool habitat, and Section 20, Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat or shorebird nesting, feeding, and staging areas.

Sections 13 and 15 of Chapter 305 will be adopted as a routine technical rulemaking.

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, Me 04333
207-287-7844

Public hearing: November 6, 2025, 9:00 a.m.
Room 101 Deering Building, 90 Blossom Lane
Augusta, Maine 04330

Public noticed: October 15, 2025

Comment deadline: November, 17, 2025

Chapter 379: Compensation for Impacts to High-Value Agricultural Land from Solar Energy Development

Ch 379 Fact Sheet :: Ch 379 Draft Rule :: Ch 379 Provisionally adopted rule

Concise Summary:

The Department is proposing a new rule chapter to implement 38 M.R.S.484-C of the Site Location of Development Law. P.L. 2023, ch. 448 directed the Department, in concert with the Department of Agriculture, Conservation, and Forestry (DACF), to create a compensation fee program for impacts to high-value agricultural land from solar energy developments that require a Site Law permit. This proposed rule would work in concert with DACF's proposed rule Chapter 575, Permitting Solar Energy Development on High-Value Agricultural Land. DACFs proposed Chapter 575 defines high-value agricultural land, establishes varying tiers based on value, and sets compensation ratios for each tier. The DEPs proposed Chapter 379 addresses the practical components of approving and accepting compensation fees and compensation projects for impacts to high-value agricultural lands identified during the DACF permitting process.

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333
207-287-7844

Public hearing: March 20, 2025, 9:00 AM
Augusta Civic Center 76 Community Dr
Augusta, Maine 04333

Public noticed: February 24, 2025

Comment deadline: March 31, 2025

Effective Date: September 14, 2025

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

Ch 375 Reposting Fact Sheet (pdf) :: Ch 375 Reposting Draft Rule (pdf) :: Ch 375 Reposting Changes (pdf) :: Ch 375 Provisionally Adopted Draft (pdf)

Concise Summary:

Update: New layers are available on the Renewable Energy Compensation Large Undeveloped Habitat Block 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 renewable energy compensation 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 renewable energy compensation 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 renewable energy compensation renewable energy compensation 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

Effective Date: September 14, 2025