Department Proposed Rulemaking

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)

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 contact Mark Margerum (207) 287-7842.


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. Major substantive rule proceedings are conducted by the Board of Environmental Protection. See the BEP meeting calendar for information.

DEP is now live web streaming rulemaking meeting audio.

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


Routine Technical

Chapter 890, Designation of PFOS as a Priority Chemical

Fact Sheet (PDF) :: Draft Rule Chapter (PDF) :: Comment on this Rule (accepted until 5:00 PM May 6, 2019)

Concise Summary:

The Department is proposing to adopt a new rule that will designate perfluorooctane sulfonic acid ("PFOS") as a priority chemical and require reporting for certain product categories that contains this regulated chemical. The proposed rule applies to manufacturers of specified product categories that contain intentionally added amounts of PFOS, which is often used to make clothing water repellant, among many other uses.

Agency contact:
Kerri Malinowski
17 State House Station
Augusta, ME 04333-0017
207-215-1894

Public hearing: April 23, 2019, 1:00 PM
DEP Response Training Room, 7 Chimney Lane (AMHI Complex)
Augusta, Maine

Public noticed: April 3, 2019

Comment deadline: May 6, 2019, 5:00 PM

Chapter 121, Emission Limitations and Emission Testing of Resource Recovery Facilities and 111(d) Municipal Waste Combustor (MWC) State Plan For Large and Small (Class I & II) Facilities

Fact Sheet (PDF) :: Draft Rule Chapter (PDF) :: MWC State Plan Draft (PDF) :: Comment on this Rule (accepted until 5:00 PM May 10, 2019)

Concise Summary:

Section 111(d) of the Clean Air Act Amendments (CAA) of 1990 requires each state with municipal waste combustion facilities to adopt a Municipal Waste Combustor (MWC) 111(d)/129 Plan that demonstrates implementation of federal emission guidelines for reductions in emissions of air pollutants from solid waste combustion, such guidelines established as directed by Section 129 of the CAAA. Federal requirements applicable to Maine MWC facilities were promulgated in federal subparts.

Maine regulation 06-096 C.M.R. Chapter 121, Emission Limitations and Emission Testing of Resource Recovery Facilities, first promulgated in 1989, was updated in 2007. Maine submitted the required MWC 111(d)/129 Plan which incorporated requirements and emission limitations of applicable subparts. The State Plan submitted in 2007 did not obtain EPA final approval. Chapter 121 and the corresponding State Plan have been revised and updated based on recent EPA comments on the 2007 submittal and input from the three facilities in the State subject to this rule.

Agency contact:
Tom Graham
17 State House Station
Augusta, ME 04333-0017
207-287-7598

Public hearing: April 30, 2019, 1:00 PM
DEP Response Training Room, 7 Chimney Lane (AMHI Complex)
Augusta, Maine

Public noticed: March 29, 2019

Comment deadline: May 10, 2019, 5:00 PM


Major Substantive

Chapter 692, Siting of Oil Storage Facilities

Fact Sheet (PDF) :: Draft Rule (PDF)

Concise Summary:

The Department is proposing to amend its Chapter 692 Siting of Oil Storage Facilities rule to provide flexibility to municipalities and businesses siting oil storage facilities, as long as certain criteria and design standards are met. This proposed language adds variance language to allow for more areas to be developed without negatively impacting groundwater or drinking water. Additional municipalities and businesses would be able to site oil storage facilities including those that were previously proposed and denied. These facilities would need to meet certain criteria and design standards to ensure that the risk or oil discharges and the likelihood of future groundwater contamination has been effectively minimized.

Proposed changes include:

  • Eliminating the need to confirm mapping already completed by the Maine Geological Survey by conducting a site-specific evaluation thus creating less work for applicants;
  • Allowing flexibility to expand on a contiguous parcel if owned as of September 30, 2001 for UST facility and September 30, 2008 for an AST facility if expansion on the contiguous parcel does not increase fuel storage capacity or facility area by more than 30%;
  • Allowing a variance procedure for a municipality located on a significant sand and gravel aquifer as long as certain standards are met;
  • Allowing for a variance procedure for a facility on a polluted high yield significant sand and gravel aquifer;
  • Clarifying the design standards for facilities subject to variance requests under sections 3(B), 4(C), 4(D) or 4(E);
  • Adding a variance transfer procedure; and
  • Modifying language including correcting typographical errors and providing definitions and language clarification

Agency contact:
Tom Graham
17 State House Station
Augusta, ME 04333-0017
207-287-7598

Public hearing: October 4, 2018, 9:00 AM, Board of Environmental Protection Meeting
Calumet Club, 34 West River Road
Augusta, Maine

Public noticed: September 12, 2018

Comment deadline: October 15, 2018, 5:00 PM