Rulemaking

Related page: See DEP Rules (off-site) for the Maine Secretary of State's list of adopted rules If you need a copy of a rule that was recently adopted or amended and has not yet been added to the Secretary of State's website, check the Bureau rulemaking pages in the bullet list under "Rulemaking Pages" immediately below, or speak to staff in particular programs.

Rulemaking pages

See the pages in the bullet list below for drafts of proposed rules, and additional supplementary rulemaking materials. If you are not sure which bureau may be conducting the rulemaking in which you are interested, or cannot find information related to a particular rulemaking, contact Karl Wilkins.

See also Board of Environmental Protection's (BEP's) agenda page for additional material.

The formal rulemaking process begins when a DEP staff person requests permission from the BEP to post a rule (or rule amendments) to public comment. When this request is placed on the BEP agenda, a draft of the rule is included in the BEP's packet of materials for consideration. This draft is linked to the BEP agenda on the web for the meeting when the request will be considered. Sometimes minor changes are made to this draft before formal posting to public comment.
Following public comment, the staff person requests that the BEP adopt the rule (or rule amendments). The draft rule proposed for adoption is linked to the BEP agenda. If the rule is major substantive, a draft appears twice: once for provisional adoption, and once for final adoption. The BEP may make changes to the rule before it is adopted.

Rulemaking notice

Mailed notice concerning a particular rulemaking. If you would like to receive notification concerning a specific upcoming rulemaking, contact the staff person listed beside the description of the rulemaking on the rulemaking pages above or the DEP Regulatory Agenda below. There is no charge for this notification.
Newspapers. DEP publishes rulemaking notices in the legal sections of five papers: the Kennebec Journal, Lewiston Sun, Morning Sentinel, Portland Press and Bangor Daily.
Subscription service. If you would like to receive notification forms by mail for all DEP rulemakings, contact Terry Hanson (207-287-2811). The annual cost is $19.16 (including tax).

Links

DEP Regulatory Agenda (off-site). The regulatory agenda is required by law (38 MRSA 8060) and is updated once a year. The anticipated schedule for listed rulemakings is subject to change.

Maine Administrative Procedures Act is the statutory framework under which agency rulemakings are conducted. (off-site)

Maine Secretary of State's Web Site includes texts of rules currently in effect, weekly newspaper notices, a rulemaking guide, and other information.

Special Topics Page may include information on informal processes at DEP, which are sometimes related to a future rulemaking.