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 Mark Margerum (207) 287-7842.


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.

Routine technical proposed rulemaking actions

Major substantive proposed rulemaking actions

    Currently, there are no major substantive proposed rules.


Routine Technical

Chapter 100, Definitions Regulation

Fact Sheet (PDF) :: Draft Rule Chapter (PDF)

Concise Summary:

On February 6, 2020, the Maine Board of Environmental Protection voted to authorize the submission on behalf of the Governor of a petition to the Environmental Protection Agency (EPA) Administrator, under Section 176A of the Clean Air Act (CAA), to remove certain portions of Maine from the Ozone Transport Region (OTR).

EPA recently notified the Department that amending the definition of "Ozone Transport Region" in the Department's Chapter 100 Definitions Regulation is necessary to facilitate processing of the Departments petition because the current State Implementation Plan-approved definition includes the entire state of Maine. Since approval of the Departments Section 176A Petition would reduce the geographic extent of the OTR in Maine, the Department is proposing to revise this definition to exclude those parts of the state to be removed from the OTR by the EPA Administrator pursuant to CAA Section 176A.

The Department will be submitting the changes to this rule, including previous amendments adopted on January 14, 2019, to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.

On October 15 the Board voted to post the proposed rule changes to public hearing on November 19, 2020.

Directions on how to attend the hearing will be posted on the Department's rulemaking website and the Board's webpage one week before the hearing. Persons who want to testify at the hearing are encouraged to add their name to a testimony signup list prior to the start of the hearing by emailing their name to Board staff at ruth.a.burke@maine.gov by close of business on Monday, November 16th.

Board of Environmental Protection November 19, 2020 meeting agenda.

Agency contact:
Erle Townsend
17 State House Station
Augusta, ME 04333-0017
207-287-7826

Public hearing: November 19, 2020
video/audio conference

Public noticed: October 16, 2020

Comment deadline: November 30, 2020, 5:00 PM

Chapter 400: Maine Solid Waste Management Rules

Fact Sheet (PDF) :: Draft Rule Chapter (PDF) :: Citizen Petition

Concise Summary:

On January 13, 2020, the Department received a citizen petition to initiate rulemaking to amend the Chapter 400: Maine Solid Waste Management Rules to: "clarify requirements for Public Benefit Determinations relating to approval of waste facilities, by ensuring that the definition of "waste that is generated within the State" accurately describes the sources of waste materials disposed in the State, and by requiring Public Benefit Determinations to include consideration of the impacts on health and welfare, environmental justice and equal protections for communities where waste facilities operate." On March 5 the Board voted to post the proposed changes to public hearing pursuant to 5 M.R.S. § 8055.

Directions on how to attend the hearing will be posted on the Department's rulemaking website and the Board's webpage one week before the hearing. Persons who want to testify at the hearing are encouraged to add their name to a testimony signup list prior to the start of the hearing by emailing their name to Board staff at ruth.a.burke@maine.gov by close of business on Monday, September 14th.

Board of Environmental Protection September 17, 2020 meeting agenda

Comments received as of 9/28/2020, Comments list is still being updated.

Agency contact:
Paula Clark
17 State House Station
Augusta, ME 04333-0017
207-287-7718

Public hearing: Thursday, September 17, 2020, 10:00 AM
video/audio conference

Public noticed: August 26, 2020

Comment deadline: September 28, 2020, 5:00 PM

Chapters 156, 158, CO2 Budget Trading

Fact Sheet (PDF) :: Draft Rule Chapters (PDF)

Concise Summary:

Chapter 156: CO2 Budget Trading Program
Chapter 158: CO2 Budget Trading Program Auction Provisions

This proposal updates the rules governing the Regional Greenhouse Gas Initiative to conform with the updated Model Rule published by RGGI, Inc. on December 19, 2017 and revised on December 14, 2018. The changes maintain Maine's participation in the program through 2030 and beyond by defining Maine's emissions cap and rate of cap reduction in alignment with the other participating states. The proposed amendments to Chapters 156 and 158 include updates to the CO2 allowance allocation provisions, changes to definitions supporting the updates, and the deletion of the SF6 (sulfur hexafluoride) and energy efficiency offset categories.

The proposed CO2 allowance allocation amendments include:

  • CO2 budget trading program base budget (in tons) for 2021 through 2030.
  • The creation of an emissions containment reserve (ECR) allowing greater emissions reductions in the event that reductions prove less expensive than anticipated. States implementing the ECR will withhold allowances from an auction if the ECR trigger price is not met.
  • The CCR trigger price is established at $13 in 2021. Each year after 2021, the CCR trigger price is 1.07 multiplied by the CCR trigger price from the previous calendar year.
  • The number of CCR allowances available for each year from 2021 onward is established.
  • The CO2 budget trading program adjusted budget is established for 2021 through 2025 (formula)

Agency contact:
Erle Townsend
17 State House Station
Augusta, ME 04333-0017
207-287-6115

Public hearing: The Department has scheduled this proposal to a 30-day public 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: April 29, 2020

Comment deadline: June 1, 2020, 5:00 PM


Major Substantive

None at this time.