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

Routine Technical

Chapter 3: Certification of Underground Oil Storage Tank Installers, and Chapter 6: Certification of Underground Oil Storage Tank Inspectors

BUSTI Ch 3 and 6 Fact Sheet :: BUSTI Ch 3 Draft Rule :: BUSTI Ch 6 Draft Rule

Concise Summary:

The Board of Underground Storage Tank Installers proposes to amend Chapter 3 and Chapter 6 to discontinue the use of the terms "handicap," "handicapped" and "hearing impaired" in accordance with PL 2021 c. 348, "An Act To Discontinue the Use of the Terms "Handicap," "Handicapped" and "Hearing Impaired" in State Laws, Rules and Official Documents". The amendments replace the use of the word handicap with the word disability. The proposal also updates citations by replacing M.R.S.A. with M.R.S.

Agency contact:
Christopher Fournier
17 State House Station
Augusta, ME 04333
(207) 287-7860

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 14, 2022

Comment deadline: July 15, 2022, 5:00 PM

Chapter 170: Degassing of Petroleum Storage Tanks, Marine Vessels, and Transport Vessels

Ch 170 Fact Sheet :: Ch 170 Draft Rule :: Draft Ch 170 Comments Received :: CH 170 BEP Adoption Packet

Concise Summary:

Tanks and vessels that contain petroleum products must be emptied of product, and the vapors in the tank or vessel evacuated (degassed), before performing internal cleaning, inspections, maintenance, or repair work. The purpose of this regulation is to minimize emissions from the degassing of certain petroleum storage tanks, marine vessels, and transport vessels and to ensure that these operations do not negatively impact air quality or public health. The standards and requirements proposed are based on, and consistent with, control requirements in other jurisdictions.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333-0017
207-287-2229

Public hearing: February 3, 2022, 9:00 AM
Deering Building Room 101, 90 Blossom Lane
Augusta, ME 04333

Public noticed: January 3, 2022

Comment deadline: February 18, 2022, 5:00 PM

Chapter 169: Stationary Generators

Ch 169 Fact Sheet :: Ch 169 Revised Draft

Concise Summary:

This proposal was originally posted to public comment on August 25, 2021. A public hearing was held September 16, 2021, at the Augusta Civic Center. The first comment period on the draft rule closed on September 27, 2021. In response to comments received, changes were made to the draft rule, and it was reposted to a second public comment period on December 16, 2021. The second comment period closed on January 28, 2022. In response to comments received during the second comment period, additional changes were made to the draft rule. The comment period is being reopened to receive additional written comment on the revised draft.

The purpose of this regulation is to ensure that the operation of new stationary generators does not negatively impact air quality or public health in the vicinity of a facility operating such a generator. The standards and requirements proposed are based on standards and requirements in Federal and State regulations applicable to similar equipment when used in other applications.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 287-2229

Public hearing:

Public noticed: December 29, 2021

Comment deadline: June 20, 2022, 5:00 PM

Chapter 147: Hydrofluorocarbon Prohibitions

 :: Final Rule :: Ch 147 Basis Statement and RTC

Concise Summary:

The Department is proposing a new rule to prohibit the use of certain hydrofluorocarbons in specific end use categories in concert with a multi-state effort to reduce greenhouse gas emissions and help mitigate climate change. This rule is required by statute, and will help Maine reach the statutory greenhouse gas emissions reduction targets in 38 M.R.S. 576-A.

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

Public hearing: November 18, 2021, 9:00 A.M.
Marquardt Building, Room 118, 32 Blossom Lane
Augusta, ME 04333

Public noticed: October 22, 2021

Comment deadline: November 29, 2021, 5:00 PM

Effective Date: January 4, 2022

Chapter 128, Advanced Clean Trucks Program

Ch 128 Draft Rule :: Ch 128 Fact Sheet

Concise Summary:

The Department is proposing to adopt California's Advanced Clean Trucks Rule (ACT) to accelerate sales of zero-emission medium- and heavy-duty vehicles and reduce greenhouse gas emissions and criteria air pollutants from on-road mobile sources in Maine. Manufacturers are the regulated party and ACT will help ensure that truck manufacturers offer affordable zero emission vehicle choices to fleets.

Agency contact:
Lynne Cayting
17 State House Station
Augusta, Maine 04333
207-287-7599

Public hearing: November 4, 2021, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330

Public noticed: October 15, 2021

Comment deadline: November 15, 2021, 5:00 PM

Chapter 168, Statewide Greenhouse Gas Emissions Regulation

Ch 168 Draft Rule :: Ch 168 Fact Sheet

Concise Summary:

The proposed rule defines the overall reductions in GHG emissions that the State must achieve by both 2030 and 2050. Department staff will use these reduction targets to document progress in emissions reductions in the biennial report to the Legislature on the State GHG inventory. 38 MRS 576-A(4) requires the Department to adopt rules to ensure compliance with the levels established by subsections 1 to 3 of 576-A. This proposed rule establishes the amount by which statewide greenhouse gas emissions must be reduced in order to achieve that compliance.

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

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: August 10, 2021

Comment deadline: September 17, 2021, 5:00 PM

Effective Date: November 28, 2021

Major Substantive

Chapter 305: Natural Resources Protection Act - Permit by Rule

Ch 305 Draft Rule :: Ch 305 Fact Sheet :: Comment on this Rule

Concise Summary:

The purpose of this proposed revision is to bring the Department's rules into alignment with statutory changes concerning minor expansions in coastal sand dunes and to allow some beach nourishment projects to qualify for Natural Resource Protection Act (NRPA) permit by rule. The proposed revision also allows for planting native dune vegetation by hand with a NRPA permit by rule.

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

Public hearing: September 1, 2022, 9:00 AM
Marquardt Building, 32 Blossom Lane, Entrance located on east side of building (Door D7)
Augusta, Maine 04333

Public noticed: August 8, 2022

Comment deadline: September 12, 2022, 5:00 PM

Chapter 533: Operations, Maintenance, and Asset Management Standards for Publicly Owned Treatment Works and Municipal Satellite Collection Systems

Ch 533 Draft Rule :: Ch 533 Fact Sheet :: Comment on this Rule

Concise Summary:

This Chapter establishes standards for the operations, maintenance and asset management for publicly owned treatment works (POTW) and municipal satellite collection systems (MSCS) in Maine.

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

Public hearing: September 1, 2022, 9:00 AM
Marquardt Building, 32 Blossom Lane, Entrance located on east side of building (Door D7)
Augusta, Maine 04333

Public noticed: August 8, 2022

Comment deadline: September 12, 2022, 5:00 PM

Chapter 171: Control of Petroleum Storage Facilities

Ch 171 Fact Sheet :: Ch 171 Draft Rule :: Draft Ch 171 Comments Received :: Ch 171 BEP Adoption Packet

Concise Summary:

On June 21, 2021, the governor signed into law L.D. 163, An Act Concerning the Regulation of Air Emissions at Petroleum Storage Facilities. This legislation requires the Department to initiate rulemaking to amend its rules to align with the new requirements contained in 38 M.R.S. 590, subsection 1. The proposed regulation implements the requirements outlined by the legislature.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333-0017
207-287-2229

Public hearing: February 3, 2022, 9:00 AM
Deering Building Room 101, 90 Blossom Lane
Augusta, ME 04333

Public noticed: January 3, 2022

Comment deadline: February 18, 2022, 5:00 PM

Chapter 180, Appliance Efficiency Standards

Chapter 180 Draft rule :: Chapter 180 Fact Sheet :: Links for references in Chapter 180 :: Provisionally Adopted Rule

Concise Summary:

Public Law 2021, Chapter 433 (L.D. 940) An Act To Establish Appliance Energy and Water Standards authorizes the Department to adopt rules to restrict the sale of certain appliances and plumbing fixtures. Federal and state efficiency standards and guidelines have long been in place for most of the appliances and fixtures addressed by this rule, however they have not been enforceable. The proposed rule will require certain new products to meet minimum efficiency standards, reducing resource consumption and emissions of greenhouse gases and other pollutants. The proposed rule would allow for sell-through of existing stocks of noncompliant products, and defers to any federal regulations.

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

Public hearing: January 20, 2022, 9:00 a.m.
Marquardt State Office Building, Room 118, 32 Blossom Lane
Augusta, Maine

Public noticed: December 29, 2021

Comment deadline: January 31, 2022, 5:00 PM