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 424, Lead Management Regulations

Ch 424, Draft Rule :: Ch 424 Rulemaking Fact Sheet

Concise Summary:

The Department is proposing to repeal and replace Chapter 424 Solid Waste Management Rules: Lead Management Regulations. Chapter 424 contains the State's program requirements for lead remediation and related activities in residential dwelling units and child-occupied facilities. This rulemaking is necessitated by changes to EPA requirements for how lead hazards are cleared. These changes effect contractors who provide services to the housing community, ACAP organizations, and lead grant programs throughout the State of Maine. The Department is also proposing changes to the work practice sections, the soil hazards section and the hazard handling sections of Chapter 424. In addition definitions were better aligned with EPA definitions.

No public hearing is scheduled. The rule is being posted for 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.

Agency contact:
John Bucci
17 State House Station
Augusta, ME 04333
(207) 557-1194

Public hearing: None 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: June 2, 2021

Comment deadline: July 2, 2021, 5:00 PM

Chapter 4, Rule Governing Hearings on Appeals of Certain Emergency or Administrative Commissioner Orders

Ch 4, Draft Rule :: Ch 4 Rulemaking Fact Sheet

Concise Summary:

The Department is proposing a new rule, Chapter 4, Rule Governing Hearings on Appeals of Certain Emergency or Administrative Commissioner Orders, to govern proceedings in which hearings are held by the Board of Environmental Protection on appeals of certain emergency or unilateral administrative orders issued by the Commissioner.

No public hearing is scheduled. The rule is being posted for 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.

Agency contact:
William Hinkel
17 State House Station
Augusta, ME 04333
(207) 314-1458

Public hearing: None 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: June 2, 2021

Comment deadline: July 6, 2021, 5:00 PM

Chapters 850-858, RCRA Rule Updates

Fact Sheet (PDF)

Concise Summary:

Ch. 850, Identification of Hazardous Wastes
Ch. 851, Standards for Generators of Hazardous Waste
Ch. 852, Land Disposal Restrictions
Ch. 853, Licensing of Transporters of Hazardous Waste
Ch. 854, Standards for Hazardous Waste Facilities
Ch. 855, Interim Licenses for Waste Facilities for Hazardous Waste
Ch. 856, Licensing of Hazardous Waste Facilities
Ch. 857, Hazardous Waste Manifest Requirements
Ch. 858, Universal Waste Rules

Proposed rule chapters

The proposed rule updates are intended to address or incorporate federal standards and updates for: new hazardous waste listings (ch. 850), waste exclusions (ch. 850), drips pads for wood preservative wastes and waste munitions (chs. 851, 854, 855 and 856), land disposal restrictions (ch. 852), hazardous waste air emissions (chs. 851, 854, 855, and 856), landfills, surface impoundments, and incinerators (chs. 854, 855, and 856), hazardous waste manifests, including EPA's e-Manifest rules (chs. 851 and 857), and import/export of hazardous waste (chs. 851, 853, 857, and 858). The proposed rules also include updating regulatory citations throughout the rules to conform with the Departments "Legal Citation Standard Operating Procedure", correcting and/or clarifying some existing provisions, and incorporating consistent language throughout the chapters.

Agency contact:
Michael Hudson
17 State House Station
Augusta, ME 04333-0017
207-287-7884

Public hearing: None 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: May 10, 2021

Comment deadline: June 18, 2021, 5:00 PM

Chapter 167, Tracking and Reporting Gross and Net Annual Greenhouse Gas Emissions

Ch 167 GHG Inventory Final Posting Draft :: Ch 167 GHG Rule Fact Sheet :: Adoption Packet

Concise Summary:

This proposed rule establishes methods for measuring and estimating greenhouse gas emissions from various source categories, and for calculating gross and net annual greenhouse gas emissions for the State as a whole to assess attainment of the reduction goals set out at 38 MRS 576-A(1), (2) and (3).

Date, time and location of PUBLIC HEARING: May 20, 2021, 9:00 a.m. by video/audio conference. Directions on how to attend the hearing will be posted on the Department's rulemaking webpage and the Boards webpage Board of Environmental Protection 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, May 17th.

Agency contact:
Stacy Knapp
17 State House Station
Augusta, ME 04333
(207) 287-2235

Public hearing: May 20, 2021, 9:00 a.m.
by audio/video conference

Public noticed: April 23, 2021

Comment deadline: June 1, 2021, 5:00 PM

Adoption Meeting: June 17, 2021

Effective Date: July 7, 2021


Major Substantive

None at this time.