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 418: Beneficial Use of Solid Wastes

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

Concise Summary:

The draft proposal updates Chapter 418 by replacing Appendix A (Screening Standards for Beneficial Use) with values of constituents listed in the “Maine Remedial Action Guidelines for Sites Contaminated with Hazardous Substances”, revised May 8, 2013 (“Maine RAGS”). The Maine RAGS are current risk based standards developed by the Department in collaboration with the Maine CDC. The development of the Maine RAGs included an opportunity for public comment. Replacing the existing Appendix A in this way will make the screening standards of Chapter 418 consistent with existing standards and will ensure that the most current risk based values are being applied. Specifically, the proposed screening standard is “one-half the concentration of a RAGs listed chemical, using the lowest value among the concentration values for relevant exposure pathways and scenarios for the chemical”, because the general risk standard for beneficial use is more conservative than the standard applied to site clean ups. The 418 screening standard however, is not prohibitive; it is simply used as a threshold beyond which an applicant is required to include “a demonstration that the proposed beneficial use of the waste does not pose a significant risk to public health or an unreasonable threat to the natural environment.” The draft rule also proposes a series of minor revisions to Chapter 418. These revisions serve to maintain consistent formatting and citation throughout the Solid Waste Rules, updating citations, removing redundant language and clarify existing language, and removing language that is no longer relevant.

Agency contact:
Tom Graham
DEP SHS 17
Augusta, Maine 04333
207-287-7598

Public hearing: November 6, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: October 15, 2014

Comment deadline: November 17, 2014

Solid Waste Chapters 401,402,403, 405,410 and 419

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

Concise Summary:

LD 1483 directed the Department to review its Solid Waste Rule and adopt routine technical rules to better incorporate the waste management hierarchy into the Rules. The Department is proposing additional changes to Chapters 400 and 418 to carry out this Legislatures directive. These amendments are meant to reflect these changes and maintain consistency throughout the Solid Waste. In addition the Department has proposed additional minor changes. These changes include: 1) Correcting citations to other Solid Waste and Hazardous Waste Rules to reflect other proposed amendments. 2) Update references to the CFR to the most recent revision and append referenced language. 3) Correct formatting and citation form for consistency throughout the Department’s rules. 4) Removing repetitive or reallocated language. 5) Clarification of existing requirements. 6) Reallocating general Solid Waste Definitions to Chapter 400. 7) Delete references to deadlines and transition periods that have passed.

Agency contact:
Tom Graham
DEP SHS 17
Augusta, Maine 04333
207-287-7598

Public hearing: 30 Day Comment Period

Public noticed: October 15, 2014

Comment deadline: November 17, 2014

Chapter 400: Solid Waste Rules General Provision

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

Concise Summary:

The Department is proposing to amend Chapter 400 to make the rule consistent with legislation enacted over the past few years concerning determinations of public benefit for solid waste disposal facilities. Proposed revisions include: • Incorporating a general licensing standard for solid waste facilities requiring that the practices of these facilities are consistent with the State’s solid waste management hierarchy, as required by PL 2013 Chapter 458; • Incorporating an exemption from solid waste licensing requirements for “aged, fully-hardened asphalt” by including it in the existing definition of “inert fill”; • Incorporating an exemption from solid waste licensing requirements for “wood pallets that are not pressure treated or visibly contaminated, and from which fasteners have been removed” by including them in the definition of “wood wastes”. • Changing the due date for annual reports submitted by solid waste transfer stations and storage facilities in order to make the date consistent with that of solid waste disposal facilities; this change will facilitate the Department’s data gathering and reporting efforts; and • Revise definitions of Types IA, B, and C residuals to make them consistent with proposed revisions to Chapter 418. The Department is also proposing minor changes to maintain consistency throughout the Solid Waste rules, update citations, correct formatting, and clarify existing language.

Agency contact:
Tom Graham
DEP SHS 17
Augusta, Maine 04333
207-287-7598

Public hearing: November 6, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: October 15, 2014

Comment deadline: November 17, 2014

Chapter 501 Stormwater Management Compensation Fees and Mitigation Credit

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

Concise Summary:

The Department is proposing this rule to provide greater flexibility for the regulated community and reward applicants for more effective stormwater control efforts, while ensuring that the compensation fee program adequately funds mitigation projects.

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

Public hearing: October 28, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: October 8, 2014

Comment deadline: November 7, 2014

BUSTI Chapter 6, Certification of Underground Storage Tank Inspectors

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

Concise Summary:

The purpose of the rule amendment is to change the application for reciprocity to reflect that reciprocity is open to residents of states other than Maine.

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

Public hearing: October 21, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: October 1, 2014

Comment deadline: October 31, 2014

BUSTI Chapter 3, Certification of Underground Storage Tank Installers

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

Concise Summary:

The principal purposes of the rule are to amend the standards for a person to qualify for a variance from the rule’s apprenticeship requirements and to allow a certified installer from another state to qualify for reciprocity.

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

Public hearing: October 21, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: October 1, 2014

Comment deadline: October 31, 2014

Chapter 3 - Rules Governing the Conduct of Licensing Hearings

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

Concise Summary:

The proposed amendment to Chapter 3 removes the requirement for issuance of press releases and public service radio and television announcements of Department licensing hearings. The proposed amendment aligns the Department’s licensing hearing rule with the requirements of the Maine Administrative Procedures Act as amended by P.L. 2013, c. 300.

Agency contact:
Cynthia S. Bertocci
17 State House Station
Augusta, ME 04333-0017
(207) 287-2452

No hearing scheduled

Public noticed: September 24, 2014

Comment deadline: October 27, 2014

Chapter 858 – Universal Wastes (New)

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

Concise Summary:

The Department is proposing to amend the rules to support Maine’s waste management hierarchy by providing for a paint stewardship program, provide overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. The new universal waste rule is created using universal waste sections from chapters 850, 853, and 857.

Agency contact:
Tamara N. Gallagher
17 State House Station
Augusta, Maine 04333
207-287-8159

Public hearing: October 7, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 17, 2014

Comment deadline: October 17, 2014

Chapter 857 – Hazardous Waste Manifest Requirements

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

Concise Summary:

The Department is proposing to amend the rules to support Maine’s waste management hierarchy by providing for a paint stewardship program, provide overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. The new universal waste rule is created using universal waste sections from chapters 850, 853, and 857.

Agency contact:
Tamara N. Gallagher
17 State House Station
Augusta, Maine 04333
207-287-8159

Public hearing: October 7, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 17, 2014

Comment deadline: October 17, 2014

Chapter 853 – Licensing of Transporters of Hazardous Waste

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

Concise Summary:

The Department is proposing to amend the rules to support Maine’s waste management hierarchy by providing for a paint stewardship program, provide overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. The new universal waste rule is created using universal waste sections from chapters 850, 853, and 857.

Agency contact:
Tamara N. Gallagher
17 State House Station
Augusta, Maine 04333
207-287-8159

Public hearing: October 7, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 17, 2014

Comment deadline: October 17, 2014

Chapter 851 – Standards for Generators of Hazardous Waste

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

Concise Summary:

The Department is proposing to amend the rules to support Maine’s waste management hierarchy by providing for a paint stewardship program, provide overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. The new universal waste rule is created using universal waste sections from chapters 850, 853, and 857.

Agency contact:
Tamara N. Gallagher
17 State House Station
Augusta, Maine 04333
207-287-8159

Public hearing: October 7, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 17, 2014

Comment deadline: October 17, 2014

Chapter 850 – Identification of Hazardous Wastes

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

Concise Summary:

The Department is proposing to amend the rules to support Maine’s waste management hierarchy by providing for a paint stewardship program, provide overall clarification of requirements for universal wastes, and eliminate the closure requirements for central accumulation facilities. The new universal waste rule is created using universal waste sections from chapters 850, 853, and 857.

Agency contact:
Tamara N. Gallagher
17 State House Station
Augusta, Maine 04333
207-287-8159

Public hearing: October 7, 2014 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: September 17, 2014

Comment deadline: October 17, 2014

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
207-287-7842

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

No hearing scheduled

Public noticed: July 2, 2014

Comment deadline: August 1, 2014

Effective Date: October 26th, 2014


Major Substantive

Chapter 500 - Stormwater Management

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

Concise Summary:

The Department is proposing amendments to its Chapter 500 Stormwater Management rules that will provide greater flexibility while encouraging the use of innovative stormwater designs that will accommodate measures for addressing climate change, resiliency, and adaptation in our infrastructure. Elements of the proposal include: 1) treatment levels in the general standards have been revised to provide additional stormwater treatment options where the standard treatment requirements are impractical or cannot be met; 2) a new voluntary Low Impact Development (LID) credit will be established that reduces the volume of stormwater that must be treated if an applicant uses LID techniques; 3) new treatment levels have been created for redevelopment projects, through the use of scaled treatment requirements based on stormwater impact changes; and 4) the appendices, which provide basic performance standards for a variety of stormwater management and associated activities, have been updated to reflect current stormwater best management practices. The Department is also proposing a number of minor revisions to the rule that will provide greater clarity and consistency with other Department rules.

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

Public hearing: October 16, 2014, 9:00 AM
Augusta Civic Center
Augusta, Maine

Public noticed: September 24, 2014

Comment deadline: October 27, 2014

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