Department Proposed Rulemaking

How do i find out about Department rulemaking?

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. Current Agenda

Below are proposed rulemaking actions for both routine technical and major substantive rules.

Routine technical proposed rulemaking actions

Major substantive proposed rulemaking actions

Routine Technical

Chapter 110 Ambient Air Quality Standards (Amendments)

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

The amendments to Chapter 110 are required to satisfy CAA Section 110(a)(1) and (2) infrastructure requirements and Prevention of Significant Deterioration (PSD) requirements under CAA Section 160 et seq. The Department has been implementing these requirements since they are already required under federal laws/regulations; the proposed amendments are intended to update Maine regulations to match these federal requirements.

Agency contact:
Jeff Crawford
#17 State House Station
Augusta, Maine 04333
(207) 287-2437

No hearing 

Public noticed: May 23, 2012

Comment deadline: June 22, 2012

Chapter 692, Siting of Oil Storage Facilities (amendment)

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

The Department is amending the provisions of chapter 692 that restrict the siting of oil storage facilities in significant sand and gravel aquifers. The amendment responds to a legislative resolve (Resolves 2011, c. 26) directing the department to establish a permit-by-rule process allowing the conditional use of aboveground diesel storage tanks in sand and gravel borrow pits. The amendments are designed to allow this activity without significantly increasing the risk of groundwater contamination. The proposed amendments were adopted as an emergency rule April 2012 pursuant to Legislative directive. See Resolves.2011, c. 149. The emergency rule is effective for 90 days. This rulemaking is intended to keep the permit-by-rule process in place after the emergency rule lapses.

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

Public hearing: June 5, 2012 at 1:00 p.m.
4 Blossom Lane (DEP Response Training Room)
Augusta, Maine 04330 

Public noticed: May 16, 2012

Comment deadline: June 15, 2012

Chapter 693 - Operator Training for Underground Oil and Hazardous Substance Storage (NEW)

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

This rule establishes training requirements for operators of underground oil storage facilities regulated under 38 MRSA §§561 et seq. and underground hazardous substance storage facilities regulated under rules adopted pursuant to 38 MRSA §1364(2). The training requirements specified in the proposed rule are modeled after guidelines provided by USEPA (Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005 (August 2007)). The proposed rule establishes two operator classes (A/B and C) and sets out the specific training requirements for each class of operators. The rule also requires the department to develop and administer operator training and testing requirements. The rule tracks recently enacted Maine law that requires certification to be renewed every 2 years unless there is a change in the leak detection system or a finding of non compliance. The rule provides that if facility operators choose to re-certify each year the operators will not be required to re-certify upon a finding of non compliance. The rule also provides that third party training programs may be approved for use and identifies the content of third party training programs and a process for obtaining approval. The rule proposes that underground tank operators become trained by the federally established deadline of August 8, 2012.

Agency contact:
Scott Whittier
#17 State House Station
Augusta, Maine 04333
(207) 287-7647

Public hearing: May 22, 2012
4 Blossom Lane
Augusta, Maine 04330 

Public noticed: May 2, 2012

Comment deadline: June 1, 2012

Chapter 573 Snow Dumps: Exemption from Waste Discharge License (UPDATED RECORD REOPENED)

Fact Sheet (PDF)  Draft Rule (PDF)  Revised Chapter 573 - (RECORD REOPENED)

Concise Summary:

The Department held a public hearing on December 6, 2011 on the proposed amendments to Snow Dumps: Exemption from Waste Discharge License, 06-096 CMR 573. The comment period closed on January 6, 2012. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRS §8052(5) requires that "[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule." The purpose of this rule amendment (repeal and replace) is to define siting criteria and best management practices for pollution prevention associated with snow dumps that, when followed, will not result in a discharge of pollutants and will not require a waste discharge permit. Further, the amended rule will specify that the owner or operator of a snow dump facility that can not meet the siting criteria and best management practices may apply for a general permit, when available. A general permit scheme of permitting snow dumps will expedite the permitting process and have lower annual permit fees.

Agency contact:
Bill Hinkel
17 State House Station
Augusta, ME 04333-0017
207-485-2281

Public hearing: December 6, 2011, 1:00 pm
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: May 2, 2012

Comment deadline: June 1, 2012

Chapter 692, Siting of Oil Storage Facilities (EMERGENCY ADOPTION - RULE EFFECTIVE)

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 692 Oil Facility Siting (EMERGENCY ADOPTION - RULE EFFECTIVE 4-24-12)

Concise Summary:

this emergency rulemaking allows oil storage tanks that are used for the supply of diesel fuel to be located in sand and gravel aquifers. Section 4 of the rule currently prohibits oil storage facilities in sand and gravel aquifers, and as a result, operators are required to utilize temporary fueling trucks to achieve fueling objectives, at a potentially greater risk to the environment, because of the absence of enforceable standards for these refueling practices. This rule will allow for the storage of a small quantity of diesel fuel for fueling heavy equipment used in the mining of sand and gravel from pits during the 2012 construction season and located on significant sand and gravel aquifers mapped by the Maine Geological Survey. Oil storage facilities on sites erroneously mapped as a significant sand and gravel aquifer, and at certain urban locations served by public drinking water which are located in sand and gravel aquifers, are allowed as part of this emergency rulemaking. Additionally, the emergency rulemaking provides the standards necessary to allow the use of diesel fuel supply tanks in mapped aquifers. The rule is intended to protect significant sand and gravel aquifers for future use as the source of potable ground water for public and private drinking water supplies, without substantially increasing the risk of oil contamination of ground water. The emergency rule is necessary to protect public health, to ensure that standards are in place for fuel storage options that are more protective of the environment than some fueling options that are currently used. The emergency rulemaking is pursuant to legislative directive by P.L. 2011, Resolve Chapter 149

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

No hearing 

Public noticed: April 26, 2012

Comment deadline: July 23, 2012

Chapter 127 New Motor Vehicle Emission Standards

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

Chapter 127 requires any diesel fueled auxiliary power system installed on a vehicle certified with a 2007 and subsequent model year heavy-duty diesel engine be California certified and comply with the requirements specified in Title 13 California Code of Regulations Section 2483(c)(3). The 2007 diesel emission standards are 95% cleaner than the previous standards; therefore, the main propulsion diesel engine is less polluting then the diesel engine APUs. California certification requires a diesel fueled APU be equipped with a diesel particulate filter to reduce up to 80% of the diesel particulate matter. However, this requirement is becoming a financial burden on some diesel truck owners, in that a CA certified APU costs up to $3,000 more per unit than the Federal Tier IV certified APU. APUs are used by diesel truck owners who need to have continuous power to their vehicle even while resting. Rather than idle the main truck engine, the APU is engaged and allows the driver to run various other equipment or systems such as a refrigerator unit, heating or air conditioning in a sleeper truck. In order to provide diesel truck owners the flexibility to install an APU to help reduce diesel truck idling, the Department is amending the regulation to allow the truck owner to install either a CA certified APU or a Federal Tier IV certified APU.

Agency contact:
Lynne Cayting
#17 State House Station
Augusta, Maine 04333
207-287-7599

No hearing 

Public noticed: April 18, 2012

Comment deadline: May 18, 2012

Chapter 584 Surface Water Quality Criteria for Toxic Pollutants (RECORD REOPENED)

Fact Sheet (PDF)  Draft Rule (PDF)  Basis Statement and Revised Chapter 584 (RECORD REOPENED)

Concise Summary:

The Department held a public hearing on November 1, 2011 on the proposed amendments to rule Chapter 584: Surface Water Quality Criteria for Toxic Pollutants. The comment period closed on December 1, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRSA §8052(5) requires that "[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule." Accordingly, please limit comments to the changes from the proposed rule, which are shown as double underlined text for additions and strike-through of single underlined text for deletions of previous recommendations. The surface waters of the State are managed to prevent contamination from toxic pollutants in toxic amounts in order to meet the goals of the Clean Water Act and Maine’s water quality standards. Toxic compounds may not be discharged in amounts that may cause toxic impacts on aquatic organisms or affect human health. This rule revision changes the cancer risk level for inorganic arsenic used in calculating ambient water quality (human health) criteria and establishes revised inorganic arsenic criteria accordingly. Further, this revision updates Maine’s ambient water quality and human health criteria for pollutants for which USEPA has updated criteria since Maine’s last revision in 2005, using Maine-specific parameters where applicable.

Agency contact:
Robert Stratton
17 State House Station
Augusta, ME 04333-0017
207-215-1579

Public hearing: November 1, 2011, 9:30 am
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: March 14, 2012

Comment deadline: April 13, 2012

Chapter 082 Priority Toxic Chemical Reporting and Pollution Prevention Planning (UPDATED - RECORD REOPEN)

Fact Sheet (PDF)  Draft Rule (PDF)  Basis Statement and Revised Chapter 82 (RECORD REOPENED)

Concise Summary:

The Department held a public hearing on October 18, 2011 on the proposed amendments to rules Chapter 82; Priority Toxic Chemical Reporting and Pollution Prevention Planning. The comment period closed on October 28, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRS §8052(5) requires that "[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule." Chapter 82 Maine’s Priority Toxic Chemical Use Reduction laws, 38 M.R.S. §2321 to 2330, subjects entities using substances defined as "priority toxic chemicals" to reporting and pollution prevention planning requirements regarding any of the listed chemicals being used. This rulemaking seeks to establish details applicable to these reporting and pollution prevention planning requirements

Agency contact:
Julie Churchill
17 State House Station
Augusta, ME 04333
207-287-7881

Public hearing: October 18, 2011, 1:00 pm
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: February 22, 2012

Comment deadline: March 23, 2012

Chapter 081 Designation of Priority Toxic Chemicals - UPDATED RECORD REOPENED

Fact Sheet (PDF)  Draft Rule (PDF)  Basis Statement and Revised Chapter 81 (RECORD REOPENED)

Concise Summary:

The Department held a public hearing on October 18, 2011 on the proposed amendments to rule Chapter 81; Designation of Priority Toxic Chemicals. The comment period closed on October 28, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRS §8052(5) requires that "[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule." Chapter 81 required by Maine’s Priority Toxic Chemical Use Reduction laws, 38 M.R.S. §2321 to 2330. The rule defines a list of “priority toxic chemicals” that subjects entities using the substances to reporting and pollution prevention planning requirements regarding any of the listed chemicals being used. This rulemaking proposes to add: Cadmium; Formaldehyde; Hexavalent Chromium; Perchloroethylene; Styrene; and, Trichloroethylene as priority toxic chemicals

Agency contact:
Julie Churchill
17 State House Station
Augusta, ME 04333
207-287-7881

Public hearing: October 18, 2011, 1:00 pm
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: February 22, 2012

Comment deadline: March 23, 2012

Chapter 880, Regulation of Chemical Use in Children’s Products -- **UPDATED RECORD REOPENED**

Fact Sheet (PDF)  Draft Rule (PDF)  Revised Chapter 880 (RECORD REOPENED)

Concise Summary:

Changes in the underlying statue as enacted by PL 2011, c. 319 [An Act to Provide the DEP with Regulatory Flexibility Regarding the Listing of Priority Chemicals, LD 1129, 125th Legislature] necessitate amendments to Chapter 880. The Department held a public hearing on November 15, 2011 on the proposed amendments to rule chapter 880: Regulation of Chemical Use in Children’s Products. The comment period closed on November 28, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRS §8052(5) requires that “[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule.” Chapter 880 identifies the process by which the department will classify chemicals of high concern, from which priority chemicals are designated for regulatory scrutiny, and details how the department will go about collecting information from manufacturers on the use of priority chemicals in children’s products.

Agency contact:
Kerri Malinowski
#17 State House Station
Augusta, Maine 04333
207-215-1894

Public hearing: November 15, 2011 at 9:00 a.m.
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04330 

Public noticed: February 8, 2012

Comment deadline: March 9, 2012

Chapter 165 General Permit for Class IV-A Incinerators (RULE EFFECTIVE)

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 165 Class IV-A Incinerator (EFFECTIVE RULE 05-06-12)

Concise Summary:

These two new rules (Chapter 164 and Chapter 165) establish a general permit program for stationary and portable concrete batch plants and Class IV-A Human Crematory Incinerator and Veterinary Incinerator units that are subject to state regulations along with Federal New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAPS). These rules allow minor source Concrete Batch Plants and Class IV-A Incinerator units to obtain a permit from the Department without going through the licensing process currently required by Chapter 115 Major and Minor Source Air Emission License Regulation, thereby significantly expediting and reducing the cost of the licensing process.

Agency contact:
Jeff Crawford
17 State House Station
Augusta, ME 04333-0017
207-287-2437

Public hearing: February 7, 2012, 1:00 pm
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: January 18, 2012

Comment deadline: February 17, 2012

Chapter 164 General Permit for Concrete Batch Plants (RULE EFFECTIVE)

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 164 Concrete Batch Plants (EFFECTIVE RULE 05-06-12)

Concise Summary:

These two new rules (Chapter 164 and Chapter 165) establish a general permit program for stationary and portable concrete batch plants and Class IV-A Human Crematory Incinerator and Veterinary Incinerator units that are subject to state regulations along with Federal New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAPS). These rules allow minor source Concrete Batch Plants and Class IV-A Incinerator units to obtain a permit from the Department without going through the licensing process currently required by Chapter 115 Major and Minor Source Air Emission License Regulation, thereby significantly expediting and reducing the cost of the licensing process.

Agency contact:
Jeff Crawford
17 State House Station
Augusta, ME 04333-0017
207-287-2437

Public hearing: February 7, 2012, 1:00 pm
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: January 18, 2012

Comment deadline: February 17, 2012

Chapter 1000 Guidelines for Municipal Shoreland Zoning Ordinances (EFFECTIVE RULE)

Fact Sheet (PDF)  Draft Rule (PDF)  Chaper 1000 Shoreland Zoning (EFFECTIVE RULE 05-05-2012)

Concise Summary:

Chapter 1000 establishes the minimum guidelines municipalities must adopt through local ordinances in order to regulate and permit activities within the shoreland zone. In a letter dated May 31, 2011, the Committee on Environment and Natural Resources, directed the Department to remove the requirement that wetlands rated as moderate or high value waterfowl and wading bird habitat by the Department of Inland Fisheries and Wildlife be designated as Resource Protection under the rules relating to shoreland zoning. The Department is proposing to amend the rule as directed by the Committee on Environment and Natural Resources.

Agency contact:
Deirdre Schneider
17 State House Station
Augusta, ME 04333-0017
207-557-0353

Public hearing: January 17, 2012, 1:30 pm
DEP Response Training Room
4 Blossom Lane, Augusta, ME 

Public noticed: December 28, 2011

Comment deadline: January 28, 2012

Chapter 410 Maine Solid Waste Management Rules: Composting Facilities

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

As required by PL 2011 Chapter 60 (LD 969), the Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Composting Facilities, 06-096 CMR 410. The revisions increase the exemption thresholds for the volume of Type IB and Type IC residuals composted by a farm in any 30-day period from 30 cubic yards to 60 cubic yards as long as the farm is operated in accordance with a compost management plan approved by the Department of Agriculture, Food and Rural Resources (DAFRR).

Agency contact:
Carla Hopkins
17 State House Station
Augusta, ME 04333
207-215-3314

No hearing 

Public noticed: September 7, 2011

Comment deadline: October 7, 2011

Major Substantive

Chapter 305 Permit by Rule Standards, Section 20 Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 305.20 provisionally adopted rule

Concise Summary:

Note: Public hearing continuation on 12/15/2011. See location below.

In P. L. 2011, Chapter 359, the Department of Environmental Protection is directed to amend its rules concerning permit by rule (PBR) under the Natural Resources Protection Act to allow activities occurring in high or moderate value waterfowl and wading bird habitat to be eligible for PBR. The proposed amendments to Chapter 305 Section 20 will allow new development in moderate value inland waterfowl and wading bird habitat provided the development is located at least 100 feet back from the wetland and occupies no more than 20% of the lot within the habitat. These are major substantive rules.

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

Public hearing: December 15, 2011, 12:00 noon
Florian Hall (Deptartment of Public Safety Building)
45 Commerce Drive, Augusta, ME 

Public noticed: November 9, 2011

Comment deadline: December 12, 2011

Chapter 378 Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 378 provisionally adopted rule

Concise Summary:

As required by PL 2011 Chapter 26, the Department of Environmental Protection is posting draft changes to the Chapter 378 Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products, 06-096 CMR 378. This rule making is necessary to implement the intent of Resolve #26 as required by the Legislature to allow licensed mining operation to store of a small amount of diesel fuel on significant sand and gravel aquifers mapped by Maine Geological Survey.

Agency contact:
Mark Stebbins
312 Canco Rd
Portland, ME 04103
207-822-6367

Public hearing: November 3, 2011, 9:30 am
Florian Hall (Department of Public Safety Building)
45 Commerce Drive, Augusta, ME 

Public noticed: October 12, 2011

Comment deadline: November 14, 2011

Chaper 375 No Adverse Environmental Effect Standard of the Site Location Law, Section 10, Control of Noise, Sound Level Limits and Measurements for Wind Turbine Projects

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 375.10 provisionally adopted rule

Concise Summary:

The provisionally adopted rule seeks to amend Chapter 375, Section 10 Control of Noise by including a new subsection entitled “Sound Level Limits and Measurements for Wind Turbine Projects.” The proposed rule includes provisions for the following: (1) predictive modeling requirements; (2) maximum sound limits for operations; (3) short-term duration repetitive sounds (SDRS) and tonal sounds; (4) noise easements; (5) post-construction compliance requirements; and (6) noise complaint response.

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

Public hearing: July 7, 2011

 

Public noticed: June 15, 2011

Comment deadline: August 29, 2011