Department Proposed Rulemaking

How do I find out about Department rulemaking?

Opportunity for Comment

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 Mike Karagiannes, (207) 287-7024.

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.

  • None scheduled at this time

Below are proposed rulemaking actions for both routine technical and major substantive rules.

Routine technical proposed rulemaking actions

Major substantive proposed rulemaking actions

Routine Technical

Chapter 130 Solvent Cleaning

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

The Department’s proposal adds an Industrial Solvent Cleaning section to the rule which includes exemptions, compliance standards and recordkeeping requirements. While certain activities may be exempt, recordkeeping requirements apply to all such activities. Compliance standards include work practices to minimize VOC emissions from the use, handling, storage and disposal of cleaning solvents and shop towels. VOC emissions are also minimized by using cleaning solvents that meet a certain VOC limit, vapor pressure limit or are controlled by air pollution control equipment. The compliance date for the proposed amendments is January 1, 2016. These amendments will be submitted to EPA as a revision to Maine’s State Implementation Plan.

Agency contact:
Jeff Crawford
DEP, 17 SHS
Augusta, ME 04333-0017
207-287-7647

No hearing

Public noticed: April 17, 2013

Comment deadline: May 17, 2013

Chapter 162 Control For Fiberglass Boatbuilding Materials

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

The Department is proposing a new rule that will limit the emissions of volatile organic compounds (VOC) from fiberglass boatbuilding operations during the manufacture and repair of fiberglass boats. Fiberglass boatbuilding operations use polyester and vinylester resins to fabricate the various components of boats using molds that provide the desired shape for the finished products. Open molding operations, which are most commonly used in fiberglass boatbuilding, release significant amounts of VOC, predominately styrene, during the curing process. These rules are being proposed to pursuant to Section 184 of the federal Clean Air Act, which requires states to implement or update reasonably available control technology (RACT) controls on all major emission sources, and on source categories covered by a Control Technique Guideline (CTG) document. In September 2008, the U.S. Environmental Protection Agency published a CTG for fiberglass boat manufacturing materials that recommends control options for this source category. Maine's proposed rule is based on these recommendations, and reduces VOC emissions from larger boatbuilding sources with 5400 pounds per 12-month period or greater emissions. These amendments will be submitted to EPA for approval in Maine's State Implementation Plan.

Agency contact:
Jeff Crawford
DEP, 17 SHS
Augusta, Maine 04333-0017
207-287-7647

Public hearing: April 2, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: March 4, 2013

Comment deadline: April 15, 2013

Chapter 125 Perchlorehylene Dry Cleaners (Amendments)

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

The Department is proposing to amend its Chapter 125 Perchlorethylene Dry Cleaners rule to simplify compliance for the regulated community and improve the rule's enforceability. Some of the provisions in Chapter 125 are no longer relevant (as they pertain to obsolete or outdated equipment that is no longer used by Maine dry cleaners), and other provisions lack the necessary specificity to be enforceable. These amendments will be submitted to EPA for approval in Maine's equivalency demonstration for 40 CFR Part 63, Subpart M.

Agency contact:
Jeff Crawford
DEP, 17 SHS
Augusta, Maine 04333-0017
207-287-7647

Public hearing: April 2, 2013 1:00 PM
DEP Response Training Room, 4 Blossom Lane
Augusta, Maine 04333

Public noticed: March 4, 2013

Comment deadline: April 15, 2013

Chapter 2 Rules Concerning the Processing of Applications and Other Administrative Matters / Amendments

Fact Sheet (PDF)  Draft Rule (PDF)  Adoption Package (pdf)

Concise Summary:

The proposed amendments to Chapter 2 incorporate the statutory changes to the Board of Environmental Protection’s responsibilities enacted in LD 1 (PL 2011, chapter 304) and clarify other provisions of the rule.

Agency contact:
Cynthia Bertocci
17 SHS
Augusta ME 04333-0017
207-287-2452

Public hearing: January 3, 2013 at 9:00 am
Augusta Civic Center, 76 Community Drive
Augusta, Maine 04330

Public noticed: December 12, 2012

Comment deadline: January 22, 2013

Chapter 355 Coastal Sand Dune Rules (effective date 12-18-2012)

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 355 Coastal Sand Dune Rules (effective date 12-18-2012)

Concise Summary:

The existing rule will be amended to allow for reconstruction of an existing structure in a frontal dune if the dune is protected by a seawall and the structure is elevated on posts, in accordance with the direction of PL 2011, Chapter 538 sec.15. The rules will also be updated to extend the length of time a coastal sand dune permit is valid in accordance with the direction of Resolves 2011, Chapter 46.

Agency contact:
Mike Mullen
#17 State House Station
Augusta, Maine 04333-0017
207-446-1611

No hearing

Public noticed: September 12, 2012

Comment deadline: October 12, 2012

Chapter 415, Reasonable Costs for the Handling and Recycling of Electronic Wastes (Amendments)

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

This rule-making proposes minor revision to make the regulation consistent with changes made to 38 M.R.S.A. §1610 as amended by Maine’s Legislature in 2011. Additional proposed provisions clarify the categorization of covered electronic devices, provide television and game console manufacturers with the opportunity to claim recycling credits for covered electronic devices they collect and recycle from covered entities in Maine, and improve data reporting by recyclers approved by Maine DEP to participate in the extended producer responsibility program for electronic waste.

Agency contact:
Carole Cifrino
#17 State House Station
Augusta, Maine 04333-0017
(207) 287-7720

Public hearing: October 2, 2012 at 1:00 p.m.
DEP Response Building
4 Blossom Lane, Augusta, Maine 04330

Public noticed: September 12, 2012

Comment deadline: November 2, 2012

Chapter 3 Rules Governing the Conduct of Licensing Hearings (repeal and replace Chapters 20 and 30)( Rule Effective- 03-04-2013)

Fact Sheet (PDF)  Draft Rule (PDF)  Chapter 3 Conducting Licensing Hearings (PDF) (Effective 03-04-2013)

Concise Summary:

Proposed Chapter 3 consolidates and updates the Department’s licensing hearing rules to comply with the Maine Administrative Procedure Act and Department statutes.

This is a procedural rule that will ensure that the Department’s licensing hearings conform to the requirements of the Maine Administrative Procedures Act and Department statutes. It replaces outdated Chapters 20 and 30.

Agency contact:
Cynthia S. Bertocci
#17 State House Station
04333-0017
(207) 287-2452

Public hearing: October 4, 2012 - Calumet Club at 1:00p.m.
334 West River Road
Augusta, Maine 04330

Public noticed: September 12, 2012

Comment deadline: October 19, 2012

Chapter 882 Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products / Citizen Initiated Petition to Amend Section 2

Fact Sheet (PDF)  Draft Rule (PDF) 

Concise Summary:

The Maine Administrative Procedure Act, 5 M.R.S.A. §8055(3) states, “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”

The citizen petition seeks to amend Chapter 882 Designation of Bisphenol A (BPA) as a Priority Chemical and Regulation of Bisphenol A in Children’s Products to: • Add a definition of “toddler food;” • Extend the existing prohibition on the sale of children’s products containing BPA to include containers of infant food and baby formula, effective January 1, 2013, and containers of toddler food, effective January 1, 2014; and • Specify that BPA is intentionally added to a product or product packaging whenever a component of that product or product packaging is made from polycarbonate plastic or epoxy resin containing BPA.

The proposed rule would amend both routine technical and major substantive provisions of rule. Accordingly, the hearing will be a joint hearing before the Board and the Commissioner.

BEP web page for more information including Comments Received (PDF) This is a partial list, as comments are transferred into the appropriate format, they will be added.

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

Public hearing: September 6, 2012
Civic Center - 76 Community Drive
Augusta, Maine 04330

Public noticed: August 15, 2012

Comment deadline: September 28, 2012

Major Substantive

Chapter 2 Rules Concerning the Processing of Applications and Other Administrative Matters (Section 1-B)

Fact Sheet (PDF)  Draft Rule (PDF)  Provisional adopted rule (Submitted on 1-25-2013)

Concise Summary:

The Legislature directed the Board of Environmental Protection to adopt rules to conform the standards for standing to appeal a decision to the Board to the judicial standards for standing to appeal a decision of the Board to court. The proposed language should assist the Board and interested persons in evaluating whether an appellant has standing to appeal a Commissioner licensing decision.

Agency contact:
Cynthia S, Bertocci
#17 State House Station
Augusta, Maine 04333-0017
207-287-2452

Public hearing: November 1, 2012 at 9:00 am
Elks Lodge, 397 Civic Center Drive
Augusta, Maine 04330

Public noticed: October 10, 2012

Comment deadline: November 13, 2012

Chapter 882 Designation of Bisphenol A as Priority Chemical and Regulation Bisphenol A in Children's Products (amendments to Section 5) CITIZEN INITIATED PROPOSAL

Fact Sheet (PDF)  Draft Rule (PDF)  Provisional adopted rule (PDF)(submitted on 1-25-2013)

Concise Summary:

The Maine Administrative Procedure Act, 5 M.R.S.A. §8055(3) states, “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”

The citizen petition seeks to amend Chapter 882 Designation of Bisphenol A (BPA) as a Priority Chemical and Regulation of Bisphenol A in Children’s Products to: • Add a definition of “toddler food;” • Extend the existing prohibition on the sale of children’s products containing BPA to include containers of infant food and baby formula, effective January 1, 2013, and containers of toddler food, effective January 1, 2014; and • Specify that BPA is intentionally added to a product or product packaging whenever a component of that product or product packaging is made from polycarbonate plastic or epoxy resin containing BPA.

The proposed rule would amend both routine technical and major substantive provisions of rule. Accordingly, the hearing will be a joint hearing before the Board and the Commissioner.

BEP web page for more information including Comments Received (PDF) This is a partial list, as comments are transferred into the appropriate format, they will be added.

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

Public hearing: September 06, 2012
Civic Center 76 Community Drive
Augusta, Maine 04330

Public noticed: August 15, 2012

Comment deadline: September 28, 2012