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Maine DEP Proposes Alarming Rule Changes


Upstream Watch's Executive Director provided comments before the Board of Environmental Protection during their January 18 public hearing on the proposed Chapter 2 rule changes. Photo provided by Ron Huber.



The Maine Department of Environmental Protection (DEP) is currently in the process of repealing and replacing its Chapter 2 Rules for processing permit applications and other administrative matters, including appeals of Commissioner permit decisions, permit revocation and suspension. DEP states the purpose of this rulemaking is to revise or establish new procedural requirements, improve the clarity of the rule and to incorporate recent legislative changes to the Board’s responsibilities and duties.

Upstream Watch is concerned about many of these proposed changes, which appear to be in direct response to the challenges brought by Upstream Watch and other intervenors regarding Nordic’s permits. The changes that are especially concerning relate to the definitions of who is considered an abutter, when the application processing period starts and ends, requirements of title right and interest, and the limitation of public comment in certain instances.

Written comments are being accepted through January 29, 2024. Upstream Watch is asking our supporters to weigh in on these proposed changes with a written comment letter. For more details on these changes, as well as a template letter to submit to DEP, click below.



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