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

Fact Sheet (PDF) :: 1/28/2020 Revised Draft Rule Chapter (PDF) :: DHHS Concurrence :: Comment on this Rule (accepted until 5:00 PM March 9, 2020)

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

Chapter 584, Surface Water Quality Criteria for Toxic Pollutants

Fact Sheet (PDF) :: Draft Rule (PDF) :: Adopted Rule :: Basis Statement

Concise Summary:

The Department is proposing to amend the existing Chapter 584: Surface Water Quality Criteria for Toxic Pollutants. This rule establishes ambient water quality criteria for toxic pollutants in the surface waters of the State and sets forth procedures that may be used to determine alternative statewide criteria or site-specific criteria adopted as part of a licensing proceeding. The purpose of the rulemaking proposal is to implement Human Health Criteria based on updates to 38 M.R.S. 466, sub-10-A for the designated use of sustenance fishing, institute water effect ratios (WERs) for the Androscoggin and St. Croix rivers, as well as promulgate new ambient water quality criteria (AWQC) for copper in the Little Androscoggin River based on the Biotic Ligand Model (BLM), and introduce carbaryl in the non-priority pollutant list. The proposal also updates AWQC for human health using methodology from the U.S. Environmental Protection Agency (USEPA) Human Health Ambient Water Quality Criteria 2015 update.

Background materials in response to questions raised at the November 21 public hearing.

Agency contact:
Cindy Dionne
17 State House Station
Augusta, ME 04333-0017

Public hearing: November 21, 2019, 9:00 AM
*Calumet Club, 334 W River Rd* Note: this change in location
Augusta, Maine

Public noticed: October 2, 2019

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

Adoption Meeting: February 6, 2020

Effective Date: February 16, 2020

Major Substantive

None at this time.