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

Routine Technical

Chapter 526: Cooling Water Intake Structures

Ch 526 Fact Sheet :: Ch 526 Draft Rule :: Comment on this Rule

Concise Summary:

The Department is proposing a new rule: 06-096 C.M.R. Chapter 526: Cooling Water Intake Structures. This rule establishes requirements that apply to cooling water intake structures at new and existing facilities that are subject to section 316(b) of the Clean Water Act (CWA), 33 U.S.C. 1326(b). These requirements include standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures (e.g., permit application requirements, information submission requirements) for establishing the appropriate technology requirements at certain specified facilities as well as monitoring, reporting, and record keeping requirements to demonstrate compliance.

The purpose of the rulemaking proposal is to enable the Department to seek delegated authority under the Clean Water Act section 316(b), as required by Maine's Memorandum of Agreement with USEPA. The proposed rule does not contain any substantive changes to the existing rule as currently administered by USEPA. Chapter 526 is based on the EPA rules found a 40 CFR part 125, subpart I and subpart J.

Agency contact:
Matthew Hight
17 State House Station
Augusta, ME 04333
207-719-0703

Public hearing: December 7, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane, Entrance located on east side of building (Door D7)
Augusta, Maine 04333

Public noticed: November 14, 2024

Comment deadline: December 18, 2023, 5:00 PM

Chapter 167: Tracking and Reporting Gross and Net Annual Greenhouse Gas Emissions

Ch 167 Draft Rule :: Ch 167 Fact Sheet

Concise Summary:

This proposed update to Chapter 167 revises the methods for the calculation of gross and net annual greenhouse gas emissions in the State for the purpose of assessing attainment of the reduction requirements set out at 38 MRS 576-A(1), (2) and (3). Methods and data sources used to calculate greenhouse gas emissions are regularly updated and the proposed changes to Chapter 167 will align the rule with recent updates.

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

Public hearing: No public hearing is 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: September 26, 2023

Comment deadline: October 30, 2023, 5:00 PM

Chapter 128: Advanced Clean Trucks Program

Ch 128 Fact Sheet :: Ch 128 Draft Rule :: Public hearing transcript

Concise Summary:

In response to a citizen petition, this rule is proposed to establish a program to reduce emissions from on-road vehicles over 8,500 pounds gross vehicle weight rating (GVWR) by incorporating the requirements of the California Advanced Clean Trucks regulation and is intended to accelerate sales of zero-emission vehicles over 8,500 pounds GVWR beginning model year 2027.

Public comment

Agency contact:
Lynne Cayting
17 State House Station
Augusta, ME 04333-0017
(207)-287-7599

Public hearing: August 17, 2023, 9:00 a.m.
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330

Public noticed: July 26, 2023

Comment deadline: August 28, 2023, 5:00 PM

Chapter 127-A: Advanced Clean Cars II Program

Ch 127 Fact Sheet :: Ch 127 Draft Rule :: Public hearing transcript

Concise Summary:

In response to a citizen petition, this rule is proposed to establish motor vehicle emission standards for new passenger cars, light-duty trucks, and medium-duty vehicles by incorporating the requirements of the California Advanced Clean Cars II regulations, beginning model year 2027.

Public comment

Agency contact:
Lynne Cayting
17 State House Station
Augusta, ME 04333-0017
(207)-287-7599

Public hearing: August 17, 2023, 9:00 a.m.
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330

Public noticed: July 26, 2023

Comment deadline: August 28, 2023, 5:00 PM

Chapter 101: Visible Emissions Regulation

 :: Ch 101 Proposed Rule :: Ch 101 Fact Sheet

Concise Summary:

Chapter 101 establishes visible emission standards, also known as opacity limits, for facilities, both licensed and unlicensed, and is a part of the State Implementation Plan (SIP) to fulfill requirements of the Clean Air Act. The Department is proposing various amendments to this existing rule to comply with federal requirements. Due to the potential need for facilities to reprogram existing data collection systems, the amendments are proposed to become effective the first day of the first calendar quarter that is at least 60 days after final adoption of the rule.

A public hearing was held on June 15, 2023, and the comment period closed on June 26, 2023. In response to public comments, and after discussions with EPA, substantive changes were made to the proposed amendments. The Department is now accepting public comments on the revised draft.

The new COMMENT DEADLINE is: September 29, 2023

Agency contact:
Lynn Muzzey
17 State House Station
Augusta, ME 04333
207-332-1279

Public hearing: June 15, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane (Door D7, East side entrance)
Augusta, Maine 04333

Public noticed: May 10, 2023

Comment deadline: September 29, 2023, 5:00 PM

Major Substantive

Chapter 80: Reduction of Toxics in Packaging

Ch 80 Fact Sheet :: Ch 80 Draft Rule :: Comment on this Rule

Concise Summary:

The purpose of this rulemaking proposal is to update the existing Chapter 80 in accordance with changes in the law and to update language and formatting. The proposed changes include the incorporation of an existing statutory sales prohibition on the use of phthalates in food packaging. The proposal also adds a new section 5, establishing a sales prohibition on the use of specific applications of intentionally added PFAS to certain types of food packaging. The addition of the new section 5 is major substantive rulemaking.

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

Public hearing: November 16, 2023, 9:00 AM
Marquardt Building, 32 Blossom Lane. Entrance located on east side of building, Door D7.
Augusta, ME 04333

Public noticed: October 23, 2023

Comment deadline: November 30, 2023, 5:00 PM

Chapter 355: Coastal Sand Dune Rules

Ch 355 Fact Sheet :: Ch 355 Draft Rule

Concise Summary:

The Department proposes to update the Chapter 355, Section 3(H) definition of coastal sand dune systems to reference the current coastal sand dune maps prepared by the Maine Geological Survey in accordance with the best available science. Areas of the State that meet the definition of coastal sand dune systems are protected natural resources pursuant to the Natural Resources Protection Act (NRPA) and the Department's Chapter 355 Coastal Sand Dune Rules.

Supplemental documents:

Ch 355 Board Posting Memo

Ch 355 Memo Attachment 2 - MGS Summary Table

Ch 355 Memo Attachement 3 - Coastal sand dune geology maps_ Kittery to Robbinston Maine

Agency contact:
Naomi Kirk-Lawlor
17 State House Station
Augusta, ME 04333
207-287-7844

Public hearing: September 21, 2023, 9:00 AM
Augusta Civic Center, 76 Community Drive
Augusta, ME 04330

Public noticed: July 26, 2023

Comment deadline: October 4, 2023, 5:00 PM

Chapter 119: Motor Vehicle Fuel Volatility Requirements

Ch119 draft final rule :: Ch 119 rule fact sheet

Concise Summary:

The 129th Maine Legislature repealed the requirement to sell only reformulated gasoline (RFG) in certain counties in Southern Maine as of November 1, 2020. After petitioning U.S. EPA and submitting a State Implementation Plan revision, EPA approved Maine's petition and determined that the removal of the federal RFG program for the Southern Maine Area is consistent with the applicable provisions of the Clean Air Act and EPA's regulations. This Amendment will remove from Chapter 119 the RFG requirement, which is no longer required in the Southern Maine Area due to EPAs approval.

Provisionally adopted February 16, 2023

Agency contact:
Lynne Cayting
17 State House Station
Augusta, ME 04333-0017
207-287-7599

Public hearing: November 3, 2022, 9:00 AM
Marquardt Building, 32 Blossom Lane, Augusta, Maine. Entrance located on east side of building (Door D7)
Augusta, ME 04333

Public noticed: October 12, 2022

Comment deadline: November 14, 2022, 5:00 PM

Effective Date: September 14, 2023

Chapter 305: Natural Resources Protection Act - Permit by Rule

Ch 305 Draft Rule :: Ch 305 Fact Sheet

Concise Summary:

The purpose of this proposed revision is to bring the Department's rules into alignment with statutory changes concerning minor expansions in coastal sand dunes and to allow some beach nourishment projects to qualify for Natural Resource Protection Act (NRPA) permit by rule. The proposed revision also allows for planting native dune vegetation by hand with a NRPA permit by rule.

This proposal was originally posted to public comment on August 10, 2022. A public hearing was held September 1, 2022. The first comment period on the draft rule closed on September 12, 2022. The proposal was reposted to a second public hearing and comment period beginning on October 12, 2022.

Section 16, Provisionally adopted December 15, 2022

Section 16-A, Effective date December 27, 2022

Agency contact:
Naomi Kirk-Lawlor
State House Station 17
Augusta, Me 04333
207-287-7844

Public hearing: November 3, 2022; 9:00AM
Marquardt Building, 32 Blossom Lane, Entrance located on east side of building (Door D7)
Augusta, Maine 04333

Public noticed: August 10, 2022

Comment deadline: November 15, 2022, 5:00 PM