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

Chapter 147: Hydrofluorocarbon Prohibitions

Draft Rule :: Fact Sheet :: Comment on this Rule

Concise Summary:

The Department is proposing a new rule to prohibit the use of certain hydrofluorocarbons in specific end use categories in concert with a multi-state effort to reduce greenhouse gas emissions and help mitigate climate change. This rule is required by statute, and will help Maine reach the statutory greenhouse gas emissions reduction targets in 38 M.R.S. 576-A.

Agency contact:
Erle Townsend
17 State House Station
Augusta, ME 04333-0017
(207) 287-6115

Public hearing: November 18, 2021, 9:00 A.M.
Marquardt Building, Room 118, 32 Blossom Lane
Augusta, ME 04333

Public noticed: October 22, 2021

Comment deadline: November 29, 2021, 5:00 PM

Chapter 128, Advanced Clean Trucks Program

Ch 128 Draft Rule :: Ch 128 Fact Sheet :: Comment on this Rule

Concise Summary:

The Department is proposing to adopt California's Advanced Clean Trucks Rule (ACT) to accelerate sales of zero-emission medium- and heavy-duty vehicles and reduce greenhouse gas emissions and criteria air pollutants from on-road mobile sources in Maine. Manufacturers are the regulated party and ACT will help ensure that truck manufacturers offer affordable zero emission vehicle choices to fleets.

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

Public hearing: November 4, 2021, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330

Public noticed: October 15, 2021

Comment deadline: November 15, 2021, 5:00 PM

Chapter 169: Stationary Generators

Ch 169 Draft Rule :: Ch 169 Fact Sheet :: Comment on this Rule

Concise Summary:

The purpose of this regulation is to ensure that the operation of new stationary generators does not negatively impact air quality or public health in the vicinity of a facility operating such a generator. The standards and requirements proposed are based on standards and requirements in Federal and State regulations applicable to similar equipment when used in other applications.

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
(207) 287-2229

Public hearing: September 16, 2021, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, ME

Public noticed: August 18, 2021

Comment deadline: September 27, 2021, 5:00 PM

Chapter 168, Statewide Greenhouse Gas Emissions Regulation

Ch 168 Draft Rule :: Ch 168 Fact Sheet :: Comment on this Rule

Concise Summary:

The proposed rule defines the overall reductions in GHG emissions that the State must achieve by both 2030 and 2050. Department staff will use these reduction targets to document progress in emissions reductions in the biennial report to the Legislature on the State GHG inventory. 38 MRS 576-A(4) requires the Department to adopt rules to ensure compliance with the levels established by subsections 1 to 3 of 576-A. This proposed rule establishes the amount by which statewide greenhouse gas emissions must be reduced in order to achieve that compliance.

Agency contact:
Stacy Knapp
17 State House Station
Augusta, ME 04333
(207) 287-2235

Public hearing: None scheduled. There is a 30-day written 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: August 10, 2021

Comment deadline: September 17, 2021, 5:00 PM

Chapter 424, Lead Management Regulations

Ch 424, Draft Rule :: Ch 424 Rulemaking Fact Sheet

Concise Summary:

The Department is proposing to repeal and replace Chapter 424 Solid Waste Management Rules: Lead Management Regulations. Chapter 424 contains the State's program requirements for lead remediation and related activities in residential dwelling units and child-occupied facilities. This rulemaking is necessitated by changes to EPA requirements for how lead hazards are cleared. These changes effect contractors who provide services to the housing community, ACAP organizations, and lead grant programs throughout the State of Maine. The Department is also proposing changes to the work practice sections, the soil hazards section and the hazard handling sections of Chapter 424. In addition definitions were better aligned with EPA definitions.

No public hearing is scheduled. The rule is being posted for a 30-day written comment period. A public hearing will be held if the Department receives 5 or more requests before the end of the comment period.

Agency contact:
John Bucci
17 State House Station
Augusta, ME 04333
(207) 557-1194

Public hearing: None scheduled. There is a 30-day written 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: June 2, 2021

Comment deadline: July 2, 2021, 5:00 PM

Effective Date: October 19, 2021

Chapter 4, Rule Governing Hearings on Appeals of Certain Emergency or Administrative Commissioner Orders

Ch 4, Draft Rule :: Ch 4 Rulemaking Fact Sheet

Concise Summary:

The Department is proposing a new rule, Chapter 4, Rule Governing Hearings on Appeals of Certain Emergency or Administrative Commissioner Orders, to govern proceedings in which hearings are held by the Board of Environmental Protection on appeals of certain emergency or unilateral administrative orders issued by the Commissioner.

No public hearing is scheduled. The rule is being posted for a 30-day written comment period. A public hearing will be held if the Department receives 5 or more requests before the end of the comment period.

Agency contact:
William Hinkel
17 State House Station
Augusta, ME 04333
(207) 314-1458

Public hearing: None scheduled. There is a 30-day written 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: June 2, 2021

Comment deadline: July 6, 2021, 5:00 PM

Chapters 850-858, RCRA Rule Updates

Fact Sheet (PDF)

Concise Summary:

Ch. 850, Identification of Hazardous Wastes
Ch. 851, Standards for Generators of Hazardous Waste
Ch. 852, Land Disposal Restrictions
Ch. 853, Licensing of Transporters of Hazardous Waste
Ch. 854, Standards for Hazardous Waste Facilities
Ch. 855, Interim Licenses for Waste Facilities for Hazardous Waste
Ch. 856, Licensing of Hazardous Waste Facilities
Ch. 857, Hazardous Waste Manifest Requirements
Ch. 858, Universal Waste Rules

Proposed rule chapters

The proposed rule updates are intended to address or incorporate federal standards and updates for: new hazardous waste listings (ch. 850), waste exclusions (ch. 850), drips pads for wood preservative wastes and waste munitions (chs. 851, 854, 855 and 856), land disposal restrictions (ch. 852), hazardous waste air emissions (chs. 851, 854, 855, and 856), landfills, surface impoundments, and incinerators (chs. 854, 855, and 856), hazardous waste manifests, including EPA's e-Manifest rules (chs. 851 and 857), and import/export of hazardous waste (chs. 851, 853, 857, and 858). The proposed rules also include updating regulatory citations throughout the rules to conform with the Departments "Legal Citation Standard Operating Procedure", correcting and/or clarifying some existing provisions, and incorporating consistent language throughout the chapters.

Agency contact:
Paula Clark
17 State House Station
Augusta, ME 04333-0017
207-287-7718

Public hearing: None scheduled. There is a 30-day written 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: May 10, 2021

Comment deadline: June 18, 2021, 5:00 PM

Effective Date: October 6, 2021


Major Substantive

None at this time.