History of Maine Board of Environmental Protection and predecessors, 1940 to 1997

 While I have only been before the Maine Board of Environmental Protection since the early 1990s, the BEP has evolved under several earlier names since the 1940s

History / Board of Environmental Protection

 The Maine Board of Environmental Protection has been in existence in one form or another since the 1940's. In its earliest form, the Board focused on wastewater issues and its membership consisted of representatives from state agencies who had specific technical expertise. Over time, there has been a shift from technical members representing state agencies to non-technical members representing the general public. The scope of the Board's mandate has expanded along with our environmental laws from wastewater issues to all aspects of environmental regulation.

The structure and function of the Board and its role within the Department of Environmental Protection has been periodically reviewed by the Legislature.

In 1982 the Trafton Commission recommended several changes in the Board including:

--- A reduction in the size of the Board

--- Greater technical expertise for Board members,

--- Board jurisdiction to be limited to appeals of DEP Commissioner decisions, and

--- Removal of the DEP Commissioner as a voting member of the Board.

 The only recommendation implemented by the Legislature in 1983 was the removal of the Commissioner as a member of the Board. The Board continued to have oversight of all environmental permits, violations and rule-making initiatives.

In 1989 the legislature formed a sub-committee to evaluate the Board. This evaluation resulted in LD2214, An Act to Clarify the Role of the Board of Environmental Protection. This law made significant changes in the allocation of responsibilities between the Board and the Commissioner.

The Commissioner would issue all permits and licenses except those of "significant" applications which would be referred to the Board for consideration and decision;	Several categories of applications, such as those for hazardous waste management facilities, would automatically remain with the Board;
The Board would hear appeals of Commissioner decisions, except those for petroleum cleanup reimbursement cases, which are heard by the Fund Insurance Review Board;	The Board would continue to do all rulemaking.

 

In 1997 the Joint Standing Committee on Natural Resources appointed   a subcommittee to study the operation of, and staff support for, the Board of Environmental Protection. The Board responded to the subcommittee requests through the 1997 Evaluation Report and the Supplemental Report for 1998. The findings of this Committee resulted in LD 2547, which established the position of Executive Analyst. There were no changes in the Board's role or authority.

An overview of the Board's purpose and operation can be found by clicking on key word "purpose".