CURRENT

• Agenda
• Calendar
• Meeting Minutes
• Reports

ABOUT BEP

• General Information
• Purpose
• History
• Member Bios

General Information

Some of the files below are posted in PDF format. If you have problems opening them, please contact Terry Dawson.

BOARD OF ENVIRONMENTAL PROTECTION (BEP)

• BEP Fact Sheet (September 2011) -- a one page fact sheet that briefly describes the Board and its statutory responsibilities.

RULEMAKING

This section offers links to existing environmental rules, proposed rules, and guidance on public participation in rulemaking process.

• BEP Information Sheet / Rulemaking (September 2011) -- This Information Sheet describes the agency's rulemaking authority and the legislative definition of rule. In addition, information concerning public participation, rulemaking development and adoption are summarized in this document.
• BEP Fact Sheet / Guidance on Public Comment at Time of Rule Adoption (September 2011) -- This Fact Sheet describes procedures for public comment at the time of rule adoption in accordance with requirements of 38 M.R.S.A. Section 341-D(1-B).
• Secretary of State / Rules by Department / 06 Environmental Protection -- Link opens directly to the DEP's rules organized by chapter number. The rules on this page are in effect and are the most current version of the rule.
• DEP Rulemaking Web Page -- At the DEP's rulemaking page you will find information concerning the agency's regulatory agenda, program bureau specific rulemaking initiatives, contact information, and links to other rulemaking information.
• Subscription Service (PDF) -- If you wish to receive notification by mail of all DEP rulemaking initiatives, please download this electronic subscription form. Complete required information, include payment to “Treasurer State of Maine” in the amount specified and return as indicated on the form.

• 5 M.R.S.A. Chapter 375 Section 8052 – Subchapter 2 // Rulemaking // -- Link to rulemaking provisions of the Maine Administrative Procedures Act including information regarding: public notice, procedural requirements and timelines, impact on small business, and rule adoption.

• Petition for adoption or modification of a rule [5 M.R.S.A. Chapter 375 Section 8055] -- Link to the statutory requirements governing requests by individuals for DEP to adopt a new rule or change an existing rule.
  • Information sheet about petitions
  • State of Maine petition form (PDF)

LICENSING

Links to information regarding the application process, public participation in the licensing process, public hearings and appeals of licensing decisions.

• DEP Information Sheet / Public Participation in the Licensing Process (October 2008) - This link contains information on opportunities for the public to obtain information about an application, provide comment on the application, request a public hearing, or request Board jurisdiction.
• Chapter 2, Rules Concerning the Processing of Applications and Other Administrative Matters (PDF) -- This link opens directly to DEP's Chapter 2 rules which govern various administrative activities common to many licensing matters. These rules apply in the absence of other specific procedural requirements imposed by a statute or rule. Topics include: filing of documents, advisory opinions, general license application requirements, payment of application fees, public notice requirements, public access to information, processing times, requests for a public hearing, requests for Board jurisdiction over an application, appeal of a licensing decision, and petitions to modify, revoke or suspend a license.

• BEP Information Sheet / Guidance on Request for Board Jurisdiction (September 2011) -- This document provides information on the process for requesting Board jurisdiction over an application including information on timeframes, content, and relevant review criteria.

• BEP Information Sheet / Guidance on Participation in a Board Licensing Hearing (September 2008) -- This document explains the purpose of a Board licensing hearing; participation by the DEP, applicant, intervenors, interested persons; and briefly describes requirements for intervenor status.

• Chapter 30, Special Regulations for Hearings on Applications of Significant Public Interest (PDF) -- This link opens directly to DEP's rules concerning the conduct of public hearings on major applications and includes guidance on the following topics: notice, public participation, intervention, pre-hearing conference meetings, submission of evidence, and general hearing procedures. Note: this rule does not provide guidance on enforcement hearings.

• DEP Information Sheet / Appealing a Commissioner's Licensing Decision (May 2004) -- This document provides information on appealing a Commissioner's licensing decision to either 1) the Board of Environmental Protection, or 2) Maine 's Superior Court. It includes general guidance on timeframes, appeal content, filing requirements, and Board process.

 

 

Maine.gov | DEP Home | Site Policies