Department Proposed Rulemaking

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)

The Department has two paths for rulemaking.

  • A process for routine technical rulemaking which is performed by the department's Commissioner, and
  • A second which requires all major substantive rulemaking to be performed by the Board of Environmental Protection.

Note: Categorizing rules as routine technical or major substantive is a matter of legislative discretion. Major substantive rules are reviewed by the Legislature before final adoption by the agency.

For more information contact Mark Margerum (207) 287-7842.


The Department generally holds meetings for considering rulemaking actions and public hearings on proposed rulemaking the first and third Tuesdays of the month or as needed. Major substantive rule proceedings are conducted by the Board of Environmental Protection. See the BEP meeting calendar for information.

DEP is now live web streaming rulemaking meeting audio.

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 890, Designation of PFOS as a Priority Chemical

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

Concise Summary:

The Department is proposing to adopt a new rule that will designate perfluorooctane sulfonic acid ("PFOS") as a priority chemical and require reporting for certain product categories that contains this regulated chemical. The proposed rule applies to manufacturers of specified product categories that contain intentionally added amounts of PFOS, which is often used to make clothing water repellant, among many other uses.

Agency contact:
Kerri Malinowski
17 State House Station
Augusta, ME 04333-0017

Public hearing: April 23, 2019, 1:00 PM
DEP Response Training Room, 7 Chimney Lane (AMHI Complex)
Augusta, Maine

Public noticed: April 3, 2019

Comment deadline: May 6, 2019, 5:00 PM

Chapter 121, Emission Limitations and Emission Testing of Resource Recovery Facilities and 111(d) Municipal Waste Combustor (MWC) State Plan For Large and Small (Class I & II) Facilities

Fact Sheet (PDF) :: Draft Rule Chapter (PDF) :: MWC State Plan Draft (PDF) :: Adoption Packet (PDF)

Concise Summary:

Section 111(d) of the Clean Air Act Amendments (CAA) of 1990 requires each state with municipal waste combustion facilities to adopt a Municipal Waste Combustor (MWC) 111(d)/129 Plan that demonstrates implementation of federal emission guidelines for reductions in emissions of air pollutants from solid waste combustion, such guidelines established as directed by Section 129 of the CAAA. Federal requirements applicable to Maine MWC facilities were promulgated in federal subparts.

Maine regulation 06-096 C.M.R. Chapter 121, Emission Limitations and Emission Testing of Resource Recovery Facilities, first promulgated in 1989, was updated in 2007. Maine submitted the required MWC 111(d)/129 Plan which incorporated requirements and emission limitations of applicable subparts. The State Plan submitted in 2007 did not obtain EPA final approval. Chapter 121 and the corresponding State Plan have been revised and updated based on recent EPA comments on the 2007 submittal and input from the three facilities in the State subject to this rule.

Agency contact:
Tom Graham
17 State House Station
Augusta, ME 04333-0017

Public hearing: April 30, 2019, 1:00 PM
DEP Response Training Room, 7 Chimney Lane (AMHI Complex)
Augusta, Maine

Public noticed: March 29, 2019

Comment deadline: May 10, 2019, 5:00 PM

Adoption Meeting: August 13, 2019, 1:00 PM, DEP Ray Bldg., 28 Tyson Dr., Augusta

Effective Date: September 14, 2019

Major Substantive