Home → Rulemaking
Department Proposed Rulemaking
How do I find out about Department rulemaking?
Opportunity 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.
Below are proposed rulemaking actions for both routine technical and major substantive rules.
Routine technical proposed rulemaking actions
- Chapter 125 Perchlorehylene Dry Cleaners (Amendments)
- Chapter 127 New Motor Vehicle Emission Standards
- Chapter 130 Solvent Cleaning
- Chapter 162 Control For Fiberglass Boatbuilding Materials
- Chapter 2 Rules Concerning the Processing of Applications and Other Administrative Matters / Amendments
- Chapter 3 Rules Governing the Conduct of Licensing Hearings (repeal and replace Chapters 20 and 30)( Rule Effective- 03-04-2013)
- Chapter 355 Coastal Sand Dune Rules (effective date 12-18-2012)
- Chapter 415, Reasonable Costs for the Handling and Recycling of Electronic Wastes (Amendments)
- Chapter 800 Identification of Hazardous Matter - Amendments
- Chapter 801 Discharge of Hazardous Matter: Removal and Written Reporting Requirements- Amendments
- Chapter 851 Standards for Generators of Hazardous Waste-Amendments
- Chapter 882 Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products / Citizen Initiated Petition to Amend Section 2
Major substantive proposed rulemaking actions
- Chapter 2 Rules Concerning the Processing of Applications and Other Administrative Matters (Section 1-B)
- Chapter 882 Designation of Bisphenol A as Priority Chemical and Regulation Bisphenol A in Children's Products (amendments to Section 5) CITIZEN INITIATED PROPOSAL
Routine Technical
Chapter 851 Standards for Generators of Hazardous Waste-Amendments
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
Maine's Chapter 851 Standards for Generators of Hazardous Waste rule was originally adopted in 1980 to provide effective controls for the management of hazardous waste. Since that time, Chapter 851 has been amended a number of times, most recently in 2008. The Department is proposing to amend Chapter 851 by replacing the existing daily hazardous waste container inspection requirement with a weekly inspection requirement; this weekly inspection requirement also applies to satellite accumulation areas .
The Department's proposal will align inspection requirements for wastes stored in central accumulation areas with those contained in federal regulations at 40 CFR 262.34(a) and reduce the required inspection frequency for satellite accumulation areas to once per week, which is consistent with most other states.
Agency contact:
Jeff Crawford
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-7647
Public hearing: June 18th, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333
Public noticed: May 29, 2013
Comment deadline: June 28, 2013
Chapter 801 Discharge of Hazardous Matter: Removal and Written Reporting Requirements- Amendments
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
The proposed amendments to Chapter 801 will establish revised requirements for reporting discharges, which will help to ensure an adequate response to such discharges and will produce a useful record of discharge incidents. The revised reporting requirements reflect the federal emergency procedure requirements published at 40 CFR 264.56(i) and ensures both consistency with federal regulations and adequate discharge response measures by the Department
Agency contact:
Jeff Crawford
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-7647
Public hearing: June 18th, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333
Public noticed: May 29, 2013
Comment deadline: June 28, 2013
Chapter 800 Identification of Hazardous Matter - Amendments
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
Chapter 800 currently defines hazardous matter in accordance with §311 of the Clean Water Act. This reference is now outdated, and is inconsistent with both Maine law at 38 MRSA §1319(1) (A) and federal requirements for delegated programs. The Department is proposing to update Chapter 800 by utilizing the definition of hazardous matter as defined in regulations promulgated under §102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, thereby providing consistency with Maine law and current federal requirements.
Agency contact:
Jeff Crawford
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-7647
Public hearing: June 18th, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333
Public noticed: May 29, 2013
Comment deadline: June 28, 2013
Chapter 127 New Motor Vehicle Emission Standards
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
The Department of Environmental Protection is to amend Chapter 127 to delay the effective date of California’s aftermarket catalytic converter requirements until June 1, 2015. The purpose is to allow more time for manufacturers to comply and for other states in the region to adopt these requirements. In addition it provides more time to inform the distributers and regulated community of the program and its benefits.
Agency contact:
Lynne Cayting
DEP 17 SHS
Augusta, Maine 04333-0017
207-287-2437
No hearing
Public noticed: May 29, 2013
Comment deadline: June 28, 2013
Chapter 130 Solvent Cleaning
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
The Department’s proposal adds an Industrial Solvent Cleaning section to the rule which includes exemptions, compliance standards and recordkeeping requirements. While certain activities may be exempt, recordkeeping requirements apply to all such activities. Compliance standards include work practices to minimize VOC emissions from the use, handling, storage and disposal of cleaning solvents and shop towels. VOC emissions are also minimized by using cleaning solvents that meet a certain VOC limit, vapor pressure limit or are controlled by air pollution control equipment. The compliance date for the proposed amendments is January 1, 2016. These amendments will be submitted to EPA as a revision to Maine’s State Implementation Plan.
Agency contact:
Jeff Crawford
DEP, 17 SHS
Augusta, ME 04333-0017
207-287-7647
No hearing
Public noticed: April 17, 2013
Comment deadline: May 17, 2013
Chapter 162 Control For Fiberglass Boatbuilding Materials
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
The Department is proposing a new rule that will limit the emissions of volatile organic compounds (VOC) from fiberglass boatbuilding operations during the manufacture and repair of fiberglass boats. Fiberglass boatbuilding operations use polyester and vinylester resins to fabricate the various components of boats using molds that provide the desired shape for the finished products. Open molding operations, which are most commonly used in fiberglass boatbuilding, release significant amounts of VOC, predominately styrene, during the curing process. These rules are being proposed to pursuant to Section 184 of the federal Clean Air Act, which requires states to implement or update reasonably available control technology (RACT) controls on all major emission sources, and on source categories covered by a Control Technique Guideline (CTG) document. In September 2008, the U.S. Environmental Protection Agency published a CTG for fiberglass boat manufacturing materials that recommends control options for this source category. Maine's proposed rule is based on these recommendations, and reduces VOC emissions from larger boatbuilding sources with 5400 pounds per 12-month period or greater emissions. These amendments will be submitted to EPA for approval in Maine's State Implementation Plan.
Agency contact:
Jeff Crawford
DEP, 17 SHS
Augusta, Maine 04333-0017
207-287-7647
Public hearing: April 2, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333
Public noticed: March 4, 2013
Comment deadline: April 15, 2013
Chapter 125 Perchlorehylene Dry Cleaners (Amendments)
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
The Department is proposing to amend its Chapter 125 Perchlorethylene Dry Cleaners rule to simplify compliance for the regulated community and improve the rule's enforceability. Some of the provisions in Chapter 125 are no longer relevant (as they pertain to obsolete or outdated equipment that is no longer used by Maine dry cleaners), and other provisions lack the necessary specificity to be enforceable. These amendments will be submitted to EPA for approval in Maine's equivalency demonstration for 40 CFR Part 63, Subpart M.
Agency contact:
Jeff Crawford
DEP, 17 SHS
Augusta, Maine 04333-0017
207-287-7647
Public hearing: April 2, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333
Public noticed: March 4, 2013
Comment deadline: April 15, 2013
Chapter 2 Rules Concerning the Processing of Applications and Other Administrative Matters / Amendments
Fact Sheet (PDF) Draft Rule (PDF) Adoption Package (pdf)
Concise Summary:
The proposed amendments to Chapter 2 incorporate the statutory changes to the Board of Environmental Protection’s responsibilities enacted in LD 1 (PL 2011, chapter 304) and clarify other provisions of the rule.
Agency contact:
Cynthia Bertocci
17 SHS
Augusta ME 04333-0017
207-287-2452
Public hearing: January 3, 2013 at 9:00 am
Augusta Civic Center, 76 Community Drive
Augusta, Maine 04330
Public noticed: December 12, 2012
Comment deadline: January 22, 2013
Chapter 355 Coastal Sand Dune Rules (effective date 12-18-2012)
Fact Sheet (PDF) Draft Rule (PDF) Chapter 355 Coastal Sand Dune Rules (effective date 12-18-2012)
Concise Summary:
The existing rule will be amended to allow for reconstruction of an existing structure in a frontal dune if the dune is protected by a seawall and the structure is elevated on posts, in accordance with the direction of PL 2011, Chapter 538 sec.15. The rules will also be updated to extend the length of time a coastal sand dune permit is valid in accordance with the direction of Resolves 2011, Chapter 46.
Agency contact:
Mike Mullen
#17 State House Station
Augusta, Maine 04333-0017
207-446-1611
No hearing
Public noticed: September 12, 2012
Comment deadline: October 12, 2012
Chapter 415, Reasonable Costs for the Handling and Recycling of Electronic Wastes (Amendments)
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
This rule-making proposes minor revision to make the regulation consistent with changes made to 38 M.R.S.A. §1610 as amended by Maine’s Legislature in 2011. Additional proposed provisions clarify the categorization of covered electronic devices, provide television and game console manufacturers with the opportunity to claim recycling credits for covered electronic devices they collect and recycle from covered entities in Maine, and improve data reporting by recyclers approved by Maine DEP to participate in the extended producer responsibility program for electronic waste.
Agency contact:
Carole Cifrino
#17 State House Station
Augusta, Maine 04333-0017
(207) 287-7720
Public hearing: October 2, 2012 at 1:00 p.m.
DEP Response Building
4 Blossom Lane, Augusta, Maine 04330
Public noticed: September 12, 2012
Comment deadline: November 2, 2012
Chapter 3 Rules Governing the Conduct of Licensing Hearings (repeal and replace Chapters 20 and 30)( Rule Effective- 03-04-2013)
Fact Sheet (PDF) Draft Rule (PDF) Chapter 3 Conducting Licensing Hearings (PDF) (Effective 03-04-2013)
Concise Summary:
Proposed Chapter 3 consolidates and updates the Department’s licensing hearing rules to comply with the Maine Administrative Procedure Act and Department statutes.
This is a procedural rule that will ensure that the Department’s licensing hearings conform to the requirements of the Maine Administrative Procedures Act and Department statutes. It replaces outdated Chapters 20 and 30.
Agency contact:
Cynthia S. Bertocci
#17 State House Station
04333-0017
(207) 287-2452
Public hearing: October 4, 2012 - Calumet Club at 1:00p.m.
334 West River Road
Augusta, Maine 04330
Public noticed: September 12, 2012
Comment deadline: October 19, 2012
Chapter 882 Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products / Citizen Initiated Petition to Amend Section 2
Fact Sheet (PDF) Draft Rule (PDF)
Concise Summary:
The Maine Administrative Procedure Act, 5 M.R.S.A. §8055(3) states, “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”
The citizen petition seeks to amend Chapter 882 Designation of Bisphenol A (BPA) as a Priority Chemical and Regulation of Bisphenol A in Children’s Products to: • Add a definition of “toddler food;” • Extend the existing prohibition on the sale of children’s products containing BPA to include containers of infant food and baby formula, effective January 1, 2013, and containers of toddler food, effective January 1, 2014; and • Specify that BPA is intentionally added to a product or product packaging whenever a component of that product or product packaging is made from polycarbonate plastic or epoxy resin containing BPA.
The proposed rule would amend both routine technical and major substantive provisions of rule. Accordingly, the hearing will be a joint hearing before the Board and the Commissioner.
BEP web page for more information including Comments Received (PDF) This is a partial list, as comments are transferred into the appropriate format, they will be added.
Agency contact:
Kerri Malinowski
#17 State House Station
Augusta, Maine 04333
(207) 215-1894
Public hearing: September 6, 2012
Civic Center - 76 Community Drive
Augusta, Maine 04330
Public noticed: August 15, 2012
Comment deadline: September 28, 2012
Major Substantive
Chapter 2 Rules Concerning the Processing of Applications and Other Administrative Matters (Section 1-B)
Fact Sheet (PDF) Draft Rule (PDF) Provisional adopted rule (Submitted on 1-25-2013)
Concise Summary:
The Legislature directed the Board of Environmental Protection to adopt rules to conform the standards for standing to appeal a decision to the Board to the judicial standards for standing to appeal a decision of the Board to court. The proposed language should assist the Board and interested persons in evaluating whether an appellant has standing to appeal a Commissioner licensing decision.
Agency contact:
Cynthia S, Bertocci
#17 State House Station
Augusta, Maine 04333-0017
207-287-2452
Public hearing: November 1, 2012 at 9:00 am
Elks Lodge, 397 Civic Center Drive
Augusta, Maine 04330
Public noticed: October 10, 2012
Comment deadline: November 13, 2012
Chapter 882 Designation of Bisphenol A as Priority Chemical and Regulation Bisphenol A in Children's Products (amendments to Section 5) CITIZEN INITIATED PROPOSAL
Fact Sheet (PDF) Draft Rule (PDF) Provisional adopted rule (PDF)(submitted on 1-25-2013)
Concise Summary:
The Maine Administrative Procedure Act, 5 M.R.S.A. §8055(3) states, “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”
The citizen petition seeks to amend Chapter 882 Designation of Bisphenol A (BPA) as a Priority Chemical and Regulation of Bisphenol A in Children’s Products to: • Add a definition of “toddler food;” • Extend the existing prohibition on the sale of children’s products containing BPA to include containers of infant food and baby formula, effective January 1, 2013, and containers of toddler food, effective January 1, 2014; and • Specify that BPA is intentionally added to a product or product packaging whenever a component of that product or product packaging is made from polycarbonate plastic or epoxy resin containing BPA.
The proposed rule would amend both routine technical and major substantive provisions of rule. Accordingly, the hearing will be a joint hearing before the Board and the Commissioner.
BEP web page for more information including Comments Received (PDF) This is a partial list, as comments are transferred into the appropriate format, they will be added.
Agency contact:
Kerri Malinowski
17 State House Station
Augusta, Maine 04333-0017
(207)215-1894
Public hearing: September 06, 2012
Civic Center 76 Community Drive
Augusta, Maine 04330
Public noticed: August 15, 2012
Comment deadline: September 28, 2012
