Department Proposed Rulemaking

Opportunity for Comment

How do I find out about Department rulemaking and other opportunities for comment?

All Current DEP Rules (off-site, Secretary of State)

The Department has two paths for rulemaking.

  • A process for routine technical rulemaking which is performed by the department's Commissioner, and
  • A second which requires all major substantive rulemaking to be performed by the Board of Environmental Protection.

Note: Categorizing rules as routine technical or major substantive is a matter of legislative discretion. Major substantive rules are reviewed by the Legislature before final adoption by the agency.

For more information Mike Karagiannes, (207) 287-7024.


Meetings

The Department generally holds meetings for considering rulemaking actions and public hearings on proposed rulemaking the first and third Tuesdays of the month or as needed. As part of ongoing efforts to enhace transparency, DEP is now live web streaming rulemaking meeting audio.

Routine technical proposed rulemaking actions

Major substantive proposed rulemaking actions


Routine Technical

Chapter 888 Designation of Phthalates as a Priority Chemical and Regulation of Phthalates in Children's Products

Fact Sheet (PDF) :: Draft Rule (PDF)

Concise Summary:

The proposed rule would designate four members of the chemical class phthalates as priority chemicals and require reporting for certain product categories that contain one or more of these regulated phthalates. The rule would apply to manufacturers of specified product categories that contain intentionally added di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), or diethyl phthalate (DEP). This draft rule is proposed by citizen petition, which was received by the Department on May 14, 2014.

Agency contact:
Kerri Malinowski
17 State House Station
Augusta, Me 04330-0017
(207) 215-1894

Public hearing: July 29th, 2014 1:00pm
DEP Response Training Room
4 Blossom Lane (AMHI Complex), Augusta, Maine 04330

Public noticed: July 9, 2014

Comment deadline: September 29, 2014

Chapter 355, Coastal Sand Dune Rules

Fact Sheet (PDF) :: Draft Rule (PDF)

Concise Summary:

The rule will be amended to repeal and replace existing provisions allowing reconstruction of an existing structure in a frontal dune if the dune is protected by a seawall and other conditions are met, to conform to the direction of PL 2013 ch. 277. The standard conditions in the rules will also be amended to correct an inconsistency with Resolves 2011 ch. 46.

Agency contact:
Mike Mullen
17 State House Station
Augusta, Me 04330-0017
(207) 446-1611

Public hearing: N/A

Public noticed: July 2, 2014

Comment deadline: August 1, 2014

Chapter 850, Identification of Hazardous Wastes

Fact Sheet (PDF) :: Draft Rule (PDF)

Concise Summary:

This rulemaking would eliminate the requirement that medicinal nitroglycerin containers be triple rinsed in order to be considered an empty container.

Agency contact:
Stacy Ladner
DEP, 17 SHS
Augusta, Maine 04333-0017
207-287-2651

No hearing scheduled

Public noticed: May 7, 2014

Comment deadline: June 6, 2014

Chapter 159: Control of Volatile Organic Compounds from Adhesives and Sealants (Amendments)

Fact Sheet (PDF) :: Draft Rule (PDF) :: Final Rule for Adoption (PDF)

Concise Summary:

The Department is proposing to amend this rule to simplify compliance and program oversight efforts. The proposed amendments will synchronize compliance requirements for the use and sale of single-ply roof membrane installation or repair adhesives, single-ply roof membrane sealants and single-ply roof membrane adhesive primers with requirements in New Hampshire, thereby addressing cross-border sales issues and reducing costs to the regulated community.

Agency contact:
Jeff Crawford
DEP 17 SHS
Augusta, Maine 04333
207-287-7647

No hearing scheduled

Public noticed: February 19, 2014

Comment deadline: March 21, 2014

Effective Date: June 2,2014

Chapter 149 General Permit Regulation for Nonmetallic Mineral Processing Plants and Chapter 164 General Permit for Concrete Batch Plants

Fact Sheet (PDF) :: Draft Rule (PDF) :: Chapter 149 Adoption Package (PDF) :: Chapter 164Adoption Package (PDF)

Concise Summary:

The Department is proposing amendments to Chapters 149 and 164, which allow most Nonmetallic Mineral Processing Plants (NMMPP) and Concrete Batch Plants (CBP) to obtain operating permits from the Department without going through the licensing process required by Chapter 115, Major and Minor Source Air Emission Licensing Regulation. The proposed changes to Chapter 149 bring facilities who address licensing through a general permit into alignment with those covered under a traditional air emission license. The proposed changes to Chapter 164 provide for separation of responsibilities between equipment owners and operators which allows owners the flexibility to rent or loan equipment to other operators similar to Chapter 149.

Agency contact:
Lynn Poland
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-2229

Public hearing: No Hearing Scheduled (30 Day Comment Period)

Public noticed: January 15, 2014

Comment deadline: February 15, 2014

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

Fact Sheet (PDF) :: Draft Rule (PDF) :: Chapter 143 Adoption Package (PDF) :: Chapter 144 Adoption Package (PDF)

Concise Summary:

The Clean Air Act Amendments (CAAA) offer states the option of accepting delegation for NSPS and NESHAP federal requirements for incorporation into the states 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 NESHAP. This rulemaking will incorporate by reference all new and amended NSPS and NESHAP that have been added between July 1, 2004 and July 1, 2013 for which the Department has chosen to take delegation. The Department of Environmental Protection may enforce upon NSPS or NESHAP regulations.

Agency contact:
Lisa Higgins
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-7023

Public hearing: No Hearing Scheduled (30 Day Comment Period)

Public noticed: January 15, 2014

Comment deadline: February 14, 2014

Chapter 887: Designation of Arsenic as a Priority Chemical and Regulation of Arsenic in Children’s Products

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Package (PDF)

Concise Summary:

The four rules proposed will implement Maine’s Toxic Chemicals in Children’s Products law (38 M.R.S.A. §§ 1691-1699-B), which, as set forth in 38 M.R.S.A. § 1692, has the purpose of protecting the health, safety and welfare of children and other vulnerable populations by reducing their exposure to chemicals of high concern by substituting safer alternatives when feasible. Due to a lack of information in the public domain regarding the use of chemicals listed as Maine’s chemicals of high concern, Maine law confers upon the Department the authority to designate chemicals as priority.

Agency contact:
Kerri Malinowski
DEP 17 SHS
Augusta, Maine 04333-0017
207-215-1894

Public hearing: January 14th, 2014 1:00 pm
DEP Response Training Room
4 Blossom Lane (AMHI Complex), Augusta, Maine 04330

Public noticed: December 24, 2013

Comment deadline: January 31, 2014

Effective Date: June 2,2014

Chapter 886: Designation of Mercury as a Priority Chemical and Regulation of Mercury in Children’s Products

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Package (PDF)

Concise Summary:

The four rules proposed will implement Maine’s Toxic Chemicals in Children’s Products law (38 M.R.S.A. §§ 1691-1699-B), which, as set forth in 38 M.R.S.A. § 1692, has the purpose of protecting the health, safety and welfare of children and other vulnerable populations by reducing their exposure to chemicals of high concern by substituting safer alternatives when feasible. Due to a lack of information in the public domain regarding the use of chemicals listed as Maine’s chemicals of high concern, Maine law confers upon the Department the authority to designate chemicals as priority.

Agency contact:
Kerri Malinowski
DEP 17 SHS
Augusta, Maine 04333-0017
207-215-1894

Public hearing: January 14th, 2014 1:00 pm
DEP Response Training Room
4 Blossom Lane (AMHI Complex), Augusta, Maine 04330

Public noticed: December 24, 2013

Comment deadline: January 31, 2014

Effective Date: June 2,2014

Chapter 884: Designation of Cadmium as a Priority Chemical and Regulation of Cadmium in Children’s Products

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Package (PDF)

Concise Summary:

The four rules proposed will implement Maine’s Toxic Chemicals in Children’s Products law (38 M.R.S.A. §§ 1691-1699-B), which, as set forth in 38 M.R.S.A. § 1692, has the purpose of protecting the health, safety and welfare of children and other vulnerable populations by reducing their exposure to chemicals of high concern by substituting safer alternatives when feasible. Due to a lack of information in the public domain regarding the use of chemicals listed as Maine’s chemicals of high concern, Maine law confers upon the Department the authority to designate chemicals as priority.

Agency contact:
Kerri Malinowski
DEP 17 SHS
Augusta, Maine 04333-0017
207-215-1894

Public hearing: January 14th, 2014 1:00 pm
DEP Response Training Room
4 Blossom Lane (AMHI Complex), Augusta, Maine 04330

Public noticed: December 24, 2013

Comment deadline: January 31, 2014

Effective Date: June 2,2014

Chapter 410, Maine Solid Waste Management Rules: Composting Facilities (comment period extended)

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Package (PDF) :: Final Rule (PDF)

Concise Summary:

As required by Resolves 2013 Chapter 43 (“Resolve, Directing the Department of Environmental Protection To Develop Quantitative Odor Management Standards”) the Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Processing Facilities, 06-096 CMR 409 and Composting Facilities, 06-096 CMR 410. The revisions incorporate quantitative odor management standards for facilities that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage.

Agency contact:
Paula Clark
17 State House Station
Augusta, Maine 04333-0017
207-287-7718

Public hearing: October 15, 2013, 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 25, 2013

Comment deadline: March 19, 2014

Effective Date: July 27,2014

Chapter 409, Maine Solid Waste Management Rules: Processing (comment period extended)

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Package (PDF) :: Final Rule (PDF)

Concise Summary:

As required by Resolves 2013 Chapter 43 (“Resolve, Directing the Department of Environmental Protection To Develop Quantitative Odor Management Standards”) the Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Processing Facilities, 06-096 CMR 409 and Composting Facilities, 06-096 CMR 410. The revisions incorporate quantitative odor management standards for facilities that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage.

Agency contact:
Paula Clark
17 State House Station
Augusta, Maine 04333-0017
207-287-7718

Public hearing: October 15, 2013, 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 25, 2013

Comment deadline: March 19, 2014

Effective Date: July 27, 2014

Chapter 405, Maine Solid Waste Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Packet (PDF)

Concise Summary:

A previous Department audit identified the fact that Chapter 405 did not specifically state that analytical work submitted to the Department in conformance with the standards and requirements of the Solid Waste Management Rules must have been conducted by laboratories with appropriate certifications. The Department of Health and Human Services requires laboratory certifications in accordance with 22 M.R.S. §567 and the Maine Comprehensive and Limited Environmental Laboratory Certification Rules (10-144 CMR 263). The proposed rule simply states that fact.

Agency contact:
Paula Clark
17 State House Station
Augusta, Maine 04333-0017
207-287-7718

No hearing scheduled

Public noticed: September 25, 2013

Comment deadline: October 25, 2013

Effective Date: January 7th, 2014

Chapter 691, Rules for Underground Oil Storage Facilities

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Packet (PDF)

Concise Summary:

The principal purposes of the rulemaking are to amend current requirements by providing additional options for conducting a site assessment at the time of the abandonment of an underground oil storage tank or facility, and to update installation, operation and maintenance requirements of underground storage facilities to be consistent with changes in industry and national standards of practice and changes in technology.

Agency contact:
George Seel
17 State House Station
Augusta, Maine 04333-0017
207-287-7166

Public hearing: October 15, 2013, 1:00 p.m.,
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 25, 2013

Comment deadline: October 25, 2013

Effective Date: January 7th, 2014

Chapter 335, Significant Wildlife Habitat

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Packet (PDF)

Concise Summary:

The principal purpose of the rulemaking is to make Chapter 335 consistent with the statutory changes included in PL 2011, Chapter 362. These changes clarify the effect of vernal pool regulation on adjacent property owners, clarify the regulation of vernal pools which straddle property boundaries, and clarify the regulation of artificially created vernal pools, all as directed by Chapter 362.

Agency contact:
Mike Mullen
17 State House Station
Augusta, Maine 04333-0017
207-446-1611

Public hearing: October 15, 2013, 1:00 p.m
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 25, 2013

Comment deadline: October 25, 2013

Effective Date: January 7th, 2014


Major Substantive

Chapter 119 Motor Vehicle Fuel Volatility Limit (Provisionally Adopted)

Fact Sheet (PDF) :: Draft Rule (PDF) :: Provisionally Adopted Rule

Concise Summary:

During the 1st session of the 126th Maine Legislature, L.D. 1359 “An Act to Update and Simplify Maine Gasoline Requirements” was enacted, which requires retailers who sell gasoline in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, or Lincoln County to sell only federal reformulated gasoline referred to as RFG, commencing May 1, 2014. The use of RFG in the seven southern counties mentioned above, will allow Maine to discontinue the use of a “boutique” 7.8 Reid Vapor Pressure (RVP) fuel during the summer months which has been required since the State opted-out of the RFG program.

Agency contact:
Lynne Cayting
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-7559

Public hearing: March 6th, 2014
Department of Public Safety - Florian Hall
45 Commerce Drive, Augusta, Maine

Public noticed: February 12, 2014

Comment deadline: May 13, 2014

Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining **Additional Public Comment**

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adoption Packet (PDF)

Concise Summary:

The Board of Environmental Protection has directed the Department to provide an opportunity for public comment on certain changes to its Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining proposal that may be substantial, including provisions related to mining prohibitions, application information, financial assurance requirements, mining standards, and post-closure care requirements. Please note that the Department is not accepting additional comment on other portions of the proposal at this point in time.

For more information, please see:

Agency contact:
Jeff Crawford
17 State House Station
Augusta, Maine 04333-0017
207-287-7647

No hearing scheduled

Public noticed: December 11, 2013

Comment deadline: December 23, 2013

Chapter 106: Low Sulfur Fuel (Amendments)

Fact Sheet (PDF) :: Draft Rule (PDF)

Concise Summary:

The Department is proposing to amend its Chapter 106 Low Sulfur Fuel rule to incorporate statutory requirements for the use of low-sulfur distillate and residual fuels which were enacted as part of Maine’s effort to address federal visibility planning requirements at federal Class I areas such as Acadia National Park, and to provide a process whereby an affected source can apply for an “equivalent alternative sulfur reduction” on a case-by-case basis with Department and U.S. EPA approval.

Agency contact:
Jeff Crawford
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-7647

Public hearing: December 5, 2013 at 9:00 a.m.
Department of Public Safety - Florian Hall
45 Commerce Drive, Augusta, Maine

Public noticed: November 13, 2013

Comment deadline: December 18, 2013

Effective Date: June 27th,2014

Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining

Fact Sheet (PDF) :: Draft Rule (PDF)

Concise Summary:

This new rule is being proposed to implement the Maine Metallic Mineral Mining Act, 38 M.R.S.A. Section 490-ll et seq., and will repeal and replace the existing Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining.

Agency contact:
Jeff Crawford
17 State House Station
Augusta, Maine 04333-0017
207-287-7647

Public hearing: October 17th, 2013
Augusta Civic Center
Augusta, Maine 04330

Public noticed: September 25, 2013

Comment deadline: October 28, 2013