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.


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 1000: Guidelines for Municipal Shoreland Zoning Ordinances (Amendments)

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

Concise Summary:

The Department is proposing amendments to the Chapter 1000 Guidelines for Municipal Shoreland Zoning Ordinances rules. The Department’s proposal will amend Chapter 1000 to incorporate a number of revisions recommended by stakeholders during a 2011 stakeholder process convened to identify opportunities to clarify and build more flexibility in the rule, while still maintaining important shoreland protections. In addition to the stakeholders’ recommendations, the proposed amendments also incorporate a number of statutory changes enacted by the 126th Maine Legislature in P.L. 2013, Chapter 320, “An Act to Amend the Mandatory Shoreland Zoning Laws”.

Agency contact:
Mark Margerum
17 State House Station
Augusta, Maine 04333

Public hearing: September 16, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: August 27, 2014

Comment deadline: September 26, 2014

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
Augusta, Maine 04333-0017

No hearing scheduled

Public noticed: May 7, 2014

Comment deadline: June 6, 2014

Effective Date: August 17th, 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
Augusta, Maine 04333-0017

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