Department Rulemaking Proposals

Opportunity for Comment

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

Information about petitions to require agency rulemaking

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

Subject to Maine’s Administrative Procedures Act, the Board of Environmental Protection performs rulemaking for the Department.

For more information contact Mark Margerum (207) 287-7842.

Board Meetings

The Board of Environmental Protection generally holds meetings for considering rulemaking actions and public hearings on proposed rulemaking the first and third Thursdays of the month or as needed.

See the BEP meeting calendar for information.

Pursuant to Maine law, interested parties are publicly notified of proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.

Routine technical proposed rulemaking actions

Major substantive proposed rulemaking actions

    Currently, there are no major substantive proposed rules.

Routine Technical

Chapters 156, 158, CO2 Budget Trading

Fact Sheet (PDF) :: Draft Rule Chapters (PDF) :: Comment on this Rule

Concise Summary:

Chapter 156: CO2 Budget Trading Program
Chapter 158: CO2 Budget Trading Program Auction Provisions

This proposal updates the rules governing the Regional Greenhouse Gas Initiative to conform with the updated Model Rule published by RGGI, Inc. on December 19, 2017 and revised on December 14, 2018. The changes maintain Maine's participation in the program through 2030 and beyond by defining Maine's emissions cap and rate of cap reduction in alignment with the other participating states. The proposed amendments to Chapters 156 and 158 include updates to the CO2 allowance allocation provisions, changes to definitions supporting the updates, and the deletion of the SF6 (sulfur hexafluoride) and energy efficiency offset categories.

The proposed CO2 allowance allocation amendments include:

  • CO2 budget trading program base budget (in tons) for 2021 through 2030.
  • The creation of an emissions containment reserve (ECR) allowing greater emissions reductions in the event that reductions prove less expensive than anticipated. States implementing the ECR will withhold allowances from an auction if the ECR trigger price is not met.
  • The CCR trigger price is established at $13 in 2021. Each year after 2021, the CCR trigger price is 1.07 multiplied by the CCR trigger price from the previous calendar year.
  • The number of CCR allowances available for each year from 2021 onward is established.
  • The CO2 budget trading program adjusted budget is established for 2021 through 2025 (formula)

Agency contact:
Erle Townsend
17 State House Station
Augusta, ME 04333-0017

Public hearing: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if the Department receives 5 or more requests before the end of the comment period.

Public noticed: April 29, 2020

Comment deadline: June 1, 2020, 5:00 PM

Chapter 400: Maine Solid Waste Management Rules

Fact Sheet (PDF) :: Draft Rule Chapter (PDF) :: Citizen Petition :: Comment on this Rule

Concise Summary:

On January 13, 2020, the Department received a citizen petition to initiate rulemaking to amend the Chapter 400: Maine Solid Waste Management Rules to: "clarify requirements for Public Benefit Determinations relating to approval of waste facilities, by ensuring that the definition of "waste that is generated within the State" accurately describes the sources of waste materials disposed in the State, and by requiring Public Benefit Determinations to include consideration of the impacts on health and welfare, environmental justice and equal protections for communities where waste facilities operate." On March 5 the Board voted to post the proposed changes to public hearing pursuant to 5 M.R.S. § 8055.

Due to the COVID-19 state of emergency, the Board has not yet scheduled a public hearing on this matter but is accepting written public comments on the draft proposal for the record. A public hearing will be scheduled as soon as the situation allows. Additional public notice will be provided in advance of the public hearing as required by the Maine Administrative Procedures Act.

Agency contact:
Paula Clark
17 State House Station
Augusta, ME 04333-0017

Public hearing: To be determined

Public noticed: April 9, 2020

Comment deadline: Date TBD, 5:00 PM

Chapter 890, Designation of PFOS as a Priority Chemical - Reopen comment period

Fact Sheet (PDF) :: 1/28/2020 Revised Draft Rule Chapter (PDF) :: DHHS Concurrence

Concise Summary:

The Department is proposing to adopt a new rule that will designate perfluorooctane sulfonic acid ("PFOS") and its salts as a priority chemical and require reporting for certain product categories that contain this regulated chemical. The proposed rule applies to manufacturers of specified product categories that contain intentionally added amounts of PFOS and its salts, which is often used to make clothing water repellent, among many other uses. The proposed rule was posted to a 30-day public comment period beginning October 2. Prior to the close of the comment period the Department received more than five requests for a public hearing so the comment period was reopened and a hearing held on January 23. The Department is now proposing changes to the draft rule to include specific salts of PFOS, and make other minor changes, and the comment period is being reopened to receive comment on the revised draft.

Agency contact:
Kerri Malinowski
17 State House Station
Augusta, ME 04333-0017

Public hearing: Jamuary 23, 2020, 9:00 AM
Augusta Civic Center, 76 Community Drive

Public noticed: February 3, 2020

Comment deadline: March 9, 2020, 5:00 PM

Major Substantive

None at this time.