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 101: Visible Emissions Regulation

Ch 101 Proposed Rule (with markup) :: Ch 101 Proposed Rule (without markup) :: Ch 101 Fact Sheet :: Comment on this Rule

Concise Summary:

Chapter 101 establishes visible emission standards, also known as opacity limits, for facilities, both licensed and unlicensed, and is a part of the State Implementation Plan (SIP) to fulfill requirements of the Clean Air Act. The Department is proposing various amendments to this existing rule to comply with federal requirements. Due to the potential need for facilities to reprogram existing data collection systems, the amendments are proposed to become effective the first day of the first calendar quarter that is at least 60 days after final adoption of the rule.

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

Public hearing: June 15, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane (Door D7, East side entrance)
Augusta, Maine 04333

Public noticed: May 10, 2023

Comment deadline: June 26, 2023, 5:00 PM

Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances

Ch 90 Fact Sheet :: Ch 90 Draft Rule :: Comment on this Rule

Concise Summary:

The Department is proposing a new rule: Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances. The rule provides additional guidance on the notification requirements and sales prohibitions for products and product components containing intentionally added PFAS pursuant to 38 M.R.S. 1614.

Public Comments on Draft Chapter 90

Agency contact:
Mark Margerum
17 State House Station
Augusta ME, 04333-0017
207-287-7842

Public hearing: April 20, 2023, 9:00 AM
Augusta Civic Center
76 Community Drive, Augusta, Maine

Public noticed: February 14, 2023

Comment deadline: May 19, 2023, 5:00 PM

Chapter 531: Wastewater Treatment Plant Operator Certification

Ch 531: Fact Sheet :: Ch 531: Draft Rule :: Comment on this Rule

Concise Summary:

The Department is proposing to repeal and replace the existing 06-096 C.M.R. Chapter 531: Regulations for Wastewater Operator Certification. This rule establishes standards for certification of wastewater treatment plant operators and for the classification of treatment plants. The purpose of the rulemaking proposal is to include changes to the authorizing statute enacted by the legislature in 2021. The rulemaking proposal also includes changes requested by stakeholders.

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.

Agency contact:
Matthew Hight
17 State House Station
Augusta, ME 04333-0017
207-719-0703

Public hearing:

Public noticed: February 1, 2023

Comment deadline: March 16, 2023, 5:00 PM

Chapter 600, Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels

Ch 600 Draft Rule :: Ch 600 Fact Sheet :: Comment on this Rule

Concise Summary:

The Department is proposing to amend the existing 06-096 C.M.R. 600: Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels. This rule establishes standards for the siting, design, operation, and closure of marine oil terminals, transportation pipelines, and vessels. The purpose of this rulemaking is to update the existing rules to more current standards, improve the protectiveness of the rule, make administrative changes, incorporate statutory changes, and include design, operation and planning for climate change.

A public hearing on this proposal was held on December 15, 2022, at the Augusta Civic Center. The comment period for written comment on this proposal has been extended to January 13, 2023, 5 pm.

Agency contact:
Stacy Ladner
17 State House Station
Augusta, Maine 04333-0017
(207) 287-7688

Public hearing:

Public noticed: November 21, 2022

Comment deadline: January 13, 2023, 5:00 PM

Chapter 143 New Source Performance Standards (NSPS) and Chapter 144 National Emission Standards for Hazardous Air Pollutants (NESHAP)

Ch 143/144 Fact Sheet :: Ch 143 Rule Draft :: Ch 144 Rule Draft :: Comment on this Rule

Concise Summary:

These existing rules will be amended to incorporate by reference new and amended New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPS) that have been added between July 1, 2013 and July 1, 2022, and for which the Department has chosen to take delegation. The Clean Air Act offers states the option of accepting delegation for NSPS and NESHAPS federal requirements for incorporation into state regulatory programs to streamline the air emission licensing processes. Maine's State Implementation Plan (SIP) provides for partial or complete delegation of the EPA Administrator's authorities and responsibilities to implement and enforce the NSPS and NESHAPS.

Public Hearing: December 15, 2022, 9:00 AM, Augusta Civic Center, 76 Community Drive, Augusta, Maine.

COMMENT DEADLINE: December 27, 2022

Agency contact:
Lisa Higgins
17 State House Station
Augusta, ME 04333-0017
207-287-7023

Public hearing: December 15, 2022, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, Maine 04330

Public noticed: November 9, 2022

Comment deadline: December 27, 2022, 5:00 PM

Effective Date: March 13, 2023

Ch 263: Maine Comprehensive and Limited Environmental Laboratory Accreditation Rule

Ch 263 proposed rule :: Ch 263 Fact sheet :: Comment on this Rule

Concise Summary:

The Department, jointly with the Department of Health and Human Services is proposing amendments to the existing 10-144 CMR Ch. 263 (DHHS)/ 06-096 CMR Ch 263 (DEP): Maine Comprehensive And Limited Environmental Laboratory Accreditation Rule. The rule establishes standards for the accreditation of laboratories producing compliance data for programs administered by DHHS and DEP. The proposed rule changes update federal references and update the laboratory accreditation fee schedule. The proposed changes will permit the use of laboratory methods most recently approved federally by the U.S. Environmental Protection Agency (EPA), which includes the recently EPA-approved LC/MS/MS method for analysis of the regulated contaminants carbofuran and oxamyl in drinking water, among other changes.

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

Public hearing: 9:00AM, November 17, 2022
Marquardt Building, 32 Blossom Lane, (Door 7, Eastside entrance)
Augusta, ME 04330

Public noticed: October 31, 2022

Comment deadline: November 28, 2022, 5:00 PM

Effective Date: March 15, 2023

Major Substantive

Chapter 119: Motor Vehicle Fuel Volatility Requirements

Ch119 draft final rule :: Ch 119 rule fact sheet :: Comment on this Rule

Concise Summary:

The 129th Maine Legislature repealed the requirement to sell only reformulated gasoline (RFG) in certain counties in Southern Maine as of November 1, 2020. After petitioning U.S. EPA and submitting a State Implementation Plan revision, EPA approved Maine's petition and determined that the removal of the federal RFG program for the Southern Maine Area is consistent with the applicable provisions of the Clean Air Act and EPA's regulations. This Amendment will remove from Chapter 119 the RFG requirement, which is no longer required in the Southern Maine Area due to EPAs approval.

Provisionally adopted February 16, 2023

Agency contact:
Lynne Cayting
17 State House Station
Augusta, ME 04333-0017
207-287-7599

Public hearing: November 3, 2022, 9:00 AM
Marquardt Building, 32 Blossom Lane, Augusta, Maine. Entrance located on east side of building (Door D7)
Augusta, ME 04333

Public noticed: October 12, 2022

Comment deadline: November 14, 2022, 5:00 PM

Chapter 305: Natural Resources Protection Act - Permit by Rule

Ch 305 Draft Rule :: Ch 305 Fact Sheet

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.

This proposal was originally posted to public comment on August 10, 2022. A public hearing was held September 1, 2022. The first comment period on the draft rule closed on September 12, 2022. The proposal was reposted to a second public hearing and comment period beginning on October 12, 2022.

Section 16, Provisionally adopted December 15, 2022

Section 16-A, Effective date December 27, 2022

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

Public hearing: November 3, 2022; 9:00AM
Marquardt Building, 32 Blossom Lane, Entrance located on east side of building (Door D7)
Augusta, Maine 04333

Public noticed: August 10, 2022

Comment deadline: November 15, 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.

Provisionally adopted May 5, 2022

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