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Working Draft Overview of Some of the Maine State Agencies and Boards Responsible For Land Use and Environmental Regulation
 

Working Draft Overview of Some of the Maine State Agencies and Boards Responsible For Land Use and Environmental Regulation

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Working Draft by Adam Daley Wilson. Please do not distribute without permission.

Working Draft by Adam Daley Wilson. Please do not distribute without permission.

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Working Draft Overview of Some of the Maine State Agencies and Boards Responsible For Land Use and Environmental Regulation Working Draft Overview of Some of the Maine State Agencies and Boards Responsible For Land Use and Environmental Regulation Presentation Transcript

  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation A Draft Condensed Presentation by Adam Daley Wilson. Please Do Not Distribute Without Permission
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Overview: A list of some of the relevant State government agencies responsible for land use and environmental regulation: ● (1) Land Use Planning Commission (LUPC) ● (2) Other Divisions of the Maine Department of Agriculture, Conservation, and Forestry ● Department of Environmental Protection (especially related to permitting and enforcement under the State's major land use laws) ● Administrative Law Generally (the Maine Administrative Procedures Act) ● Board of Environmental Protection ● Public Meetings, Affirmative Litigation, Defensive Litigation, and Appellate Litigation in State Courts ● Conservation Easements (See separate working draft presentation) ● Land Use Law
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● The Maine Department of Agriculture, Conservation, and Forestry is an umbrella agency. ● Relevant to this condensed overview, it encompasses: ● (1) Conservation Easement Registration; ● (2) The Land Use Planning Commission ● (3) And Several Additional Boards and Commissions. ● Specific to Land Use Planning, it encompasses (a) the Floodplain Management Program, (b) the Land Use Planning Commission (LUPC), and (c) the Municipal Planning Assistance Program.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● ● ● ● ● ● The Land Use Planning Commission (LUPC) “serves Maine's citizens as the most comprehensive source on the State's important natural features.” The LUPC is the planning and zoning authority for the unorganized and deorganized areas of Maine, including townships and plantations. Such areas either have no local government, or have chosen not to administer land use controls at the local level. In addition to carrying out planning and zoning responsibilities, the LUPC issues permits for smaller development projects, such as home constructions and camp renovations. For larger development projects that require Department of Environmental Protection Review under the Site Location of Development Law, the LUPC certifies that the proposed land uses are allowed, and also certifies that proposed development activities comply with applicable LUPC land use standards. The LUPC is thus responsible for over 10.4 million acres of land, including the largest contiguous undeveloped area in the northeast. These areas include coastal islands, coastline, and mountain areas. Many Mainers use these areas for a variety of outdoor recreation activities. The Legislature created the LUPC to extend principles of sound planning, zoning, and development to the unorganized and deorganized areas of the State to (1) Preserve public health, safety, and general welfare; (2) Support Maine's natural resource based economy; (3) and balance several other economic, environmental, and compatible use factors.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● The LUPC issues several reports, publications, and guidance documents: ● Enforcement trends ● Permitting Decisions ● Comprehensive Land Use Plan (CLUP) Guidance Document (reflecting new interpretations after the Legislature's 2012 changes to the LUPC's statutory obligations ● Compliance and Enforcement Response Policy ● Guidelines for Selection of Conservation Easement Holders (and a model conservation easement) ● Site Law Certification and Land Use Standards ● Site Law Memorandum of Understanding (MOU) between the Department of Environmental Protection and the LUPC regarding working together in processing large projects that trigger the Site Location of Development Law ● Wetland Compensation Guidelines ● Wind Power Expedited Area Expansion Guidance Document ● See generally the LUPC Statute and 2012 Amendments to the LUPC Statute
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Department of Environmental Protection ● This page focuses on the DEP's permitting and enforcement under the State's major land use laws. ● ● ● ● Maine DEP is committed to customer service in the course of closing long-term remediation sites, protecting Maine's environment, ensuring a sustainable economy, cultivating a culture of cooperation by providing assistance with environmental regulations, imparting consistent, clear compliance and enforcement decisions, and delivering timely and predictable permitting processes. Maine DEP focuses its permitting, compliance, enforcement, and rulemaking / public comment efforts in the areas of air quality, land use, spills and site cleanup, waste management, and water. It also encompasses the Board of Environmental Protection. The Board of Environmental Protection is a 7-member citizen board created by the Legislature to provide decisions on the interpretation, administration, and enforcement of environmental protection laws and to allow for appropriate public participation in department decisions. This includes major substantive rulemaking, certain licensing and enforcement action administrative appeals, and making recommended changes in laws to the Legislature. While the Board is part of the DEP, it has independent decision-making authority in its areas of responsibility. The following slides address the DEP's coverage of air quality, land, spills and site cleanup, waste management, and water.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● ● ● ● ● Air Quality: Title 38, Chapter 4: Protection and Improvement of Air. There are also Air Rules (100-199) promulgated pursuant to Maine's Administrative Procedure Act. The Maine DEP implements air quality programs under the Clean Air Act and state law. The DEP monitors air quality, licenses emissions from larger facilities, conducts compliance assistance, and conducts inspection visits. The DEP works with local, state, and federal agencies to plan and implement strategies to protect Maine's air quality, through, among other things, an Annual Air Monitoring Plan. The Maine DEP licenses air emission sources statewide. Applications divide into Minor Sources / New Source Review (NSR), on the one hand, and Major Sources, on the other. Land Resources Regulation: Maine DEP is responsible for licensing, enforcement, and oversight of certain land development activities, including developments that may substantially impact the environment, as well as developing resource management programs. Areas include windpower, Site Law Development Projects, Metallic Mineral Mining. Public comment opportunities are part of these processes. (see next slide for major land use laws)
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Land Use Laws: Land Use Laws are set forth in Title 38, Ch. 3 (Protection and Improvement of Waters): ● Under Subchapter 1 (Environmental Protection Board): ● Groundwater protection program ● Marine Environmental Monitoring Program ● Nonpoint Source Pollution Program ● Pollution Control ● Mandatory Shoreland Zoning ● Enforcement ● Natural Resources Protection Act ● Site Location of Development ● Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt ● Performance Standards for Quarries
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● ● ● ● ● Land Monitoring and Reporting occurs for Significant Wildlife Habitat under the Natural Resources Protection Act (NRPA) for seabird nesting islands, shorebird, waterfowl, and wading birds, significant vernal pools, and significant groundwater wells. Land Permits, Licenses, and Certifications are employed for mining (metallic mineral mining falls under the Site Location of Development program), areas falling under the Natural Resources Protection Act (NRPA) such as lakes, wetlands, streams, rivers, fragile mountain areas, and sand dune systems, in addition to the areas listed in the first bullet point. Sand and Salt Pile Registration is responsible for mitigating the effects of such piles on groundwater and drinking water. Site Location of Development is a program that regulations developments that may have a substantial impact on the environment, such as large subdivisions, large structures, 20+ acre developments, and metallic mineral mining operations. Standards of the program address a range of potential environmental impacts. The Stormwater program includes the regulation of stormwater under 3 core laws: – – (2) the Stormwater Management law – ● (1) The Site Location of Development law (Site Law) (3) the Waste Discharge law (MEPDES). Stormwater is also addressed under industry specific laws such as the borrow pit and solid waste laws, as well as by rules administered by the Land Use Regulation Commission (now called the LUPC)
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine DEP also has responsibility for these Land Programs: – – Mining (but metallic mineral mining falls under Site Location of Development Law (Site Law) – Natural Resources Protection Act (NRPA). The program regulates activities in/on/over/adjacent to natural resources. Permits by rule (PBR) are used for certain activities. Standards focus on possible impacts to natural resources as well as existing uses. – Shoreland Zoning. Primarily administered through municipalities. – Site Location of Development Program (see previous slide) – Stormwater Program (see previous slide) – ● Erosion and Sedimentation Control (sets standards, no permits, to protect surface waters) Watershed Management Program focuses on land use activities throughout a watershed with the goal of preventing polluted runoff from reaching surface water. Maine DEP also administers a number of Land Rules / Land Use Rules pursuant to the APA: – These rules track and support the above listed programs.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● ● Maine DEP also has responsibility for cleaning up spills and managing site cleanup (remediation with industry, government, and citizens). DEP's Spills and Site Cleanup Laws are set forth at Title 38: Waters and Navigation – – Oil Discharge Prevention and Pollution Control – ● DEP Organization and Powers Underground Oil Storage Facilities and Ground Water Protection DEP has several spills and site cleanup monitoring and reporting programs: – – Environmental and Geographic Analysis Database (EGAD) – Hydrogen Sulfide Monitoring Data at Maine Landfills – ● Hazardous & Oil Spill System Online Report Service Institutional Controls Database (Database of Remediation Sites) (The long-term cleanup of Response Action Program (VRAP) sites, Brownfield sites, Military Installations, Superfund (CERCLA) sites, and unlicensed municipal landfill sites. The above monitoring and reporting programs track Maine DEP's Spills and Site Cleanup Programs: ● (1) Brownfields, (2) Emergency Spill Response, (3) Federal Facilities and Superfund, (4) Groundwater Oil Cleanup Fund, (5) Fund Insurance Review Board, (6) Muncipal Landfill Remediation, (7) Petroleum Clean Up, (8) Uncontrolled Sites, and (9) the Voluntary Response Action Program (VRAP). –
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● For Spills and Site Cleanup, Maine DEP also administers rules, information resources, and publications: – – ● Guidance, information, Standard Operating Procedures (SOPs) for over 25 types of remediation activities, as well as additional policies and procedures. Legislative Reports on such topics as agricultural activities, product stewardship, hydropower projects, waste generation and disposal capacity, aquatic resource strategy, chemical use in children's products, regional greenhouse gas initiative (RGGI) reports, fund insurance review board annual reports, mercury reduction, mercury-added lamps reports, surface water ambient toxics monitoring program reports, and licensed discharges reports. Note: This is not an exhaustive list of Legislative reports. Administrative Rules regarding Spills and Site Cleanup are: – – Water Quality Monitoring, Leachate Monitoring, and Waste Characterization – ● Landfill Siting, Design, and Operation Wellhead Protection: Siting of Facilities that Pose a Significant Threat to Drinking Water Maine DEP also offers a number of training programs related to Spills and Site Cleanup.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine DEP also regulates Waste Management activities. ● Here again, the law is set forth at Title 38: Waters and Navigation: – – ● Underground Storage Facilities and Groundwater Protection In addition, there are Chapters regarding a variety of waste-related issues. Waste Management Monitoring and Reporting: – ● Includes EPA RCRA Notication, Hazardous Waste Manifests, Underground Storage Tank (UST) Inspections, and Waste Oil Reports. Waste Management Permits, Licenses, and Certifications: – These regulate (1) Asbestos Abatement, (2) Biomedical Waste, (3) Hazardous Waste Facilities, (4) Hazardous Waste Transporters, (5) Lead Abatement, (6) Oil Conveyance / Marine Oil Terminals, (7) Solid Waste Facilities (landfills, transfer stations, incinerators, land spreading of sludge / residuals, and septage), (8) Solid Waste Transporters, (9) UST Installers and Inspectors Certifications, (10) Vessel Anchorage, and (11) Waste Oil.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● In addition, Maine DEP administers several Waste Management Programs: – Above ground oil storage tanks and Underground storage tanks, as well as the UST Board. – Oil conveyance – Spill prevention control and countermeasures – Waste Oil – Asbestos – Biomedical Waste – Hazardous Waste / Universal Waste / Resource Conservation and Recovery Act (RCRA) Corrective Action – Lead Hazard Prevention – Product Stewardship – Recycling – Residuals, Sludge, and Composting – Solid Waste – Transporters – Water Supply Protection
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● In addition, Maine DEP administers several Waste Management Programs: – Above ground oil storage tanks and Underground storage tanks, as well as the UST Board. – Oil conveyance – Spill prevention control and countermeasures – Waste Oil – Asbestos – Biomedical Waste – Hazardous Waste / Universal Waste / Resource Conservation and Recovery Act (RCRA) Corrective Action – Lead Hazard Prevention – Product Stewardship – Recycling – Residuals, Sludge, and Composting – Solid Waste – Transporters – Water Supply Protection
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine DEP also administers a large number of administrative rules regarding Waste Management: – ● These include (1) regulating toxics, (2) establishing solid waste rules, (3) transporter licenses, (4) use of solid wastes, (5) asbestos and lead abatement, (6) Oil waste and USTs, (7) licensing of hazardous waste facilities, and (8) the rules for the Board of UST Installers. As a general matter, there is a Rules Chapter for every substantive area already summarized regarding Waste Management (see prior slides). Maine DEP also administers a number of training programs regarding Waste Management. –
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Water Quality ● Maine DEP implements water quality programs under the federal Clean Water Act as well as state law. – ● In Maine, there are several key protected water resources: – ● DEP is responsible for managing, protecting, and enhancing the quality of Maine's water resources through voluntary, regulatory, and educational programs. Collaboration occurs with local, state, and federal agencies to plan and implement strategies to protect Maine's water quality. (1) Coastal, (2) Wetlands, (3) Rivers and Streams, (4) Lakes, and (5) Groundwater Water Quality State Law: Statutory Authority again resides at Title 38, Chapter 3: Protection and Improvement of Waters. See next slide for subchapters and articles.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Water Quality: Maine State Law. Title 38, Chapter 3: Protection and Improvement of Waters – Subchapter 1: Environmental Protection Board (Board of Environmental Protection?) – Groundwater protection program – Marine environmental monitoring program – Nonpoint source pollution program – Pollution control – Mandatory Shoreland Zoning – Enforcement – Water classification program – Water withdrawal reporting program – Natural Resources Protection Act (NRPA) – Site Location of Development (Site Law) – Performance standards for excavations for borrow, clay, topsoil, or silt – Performance standards for quarries
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Water Quality, continued: ● Maine DEP administers Water Permits, Licenses, and Certifications: – Hydropower and dam permits (The state Marine Waterway Development and Conservation Act requires permits for construction / reconstruction / repair of new and existing hydropower projects, and the federal Clean Water Act requires that the States certify that the construction / operation of hydropower projects subject to federal licensing meets State water quality standards). – Tax exemption certifications for certain pollution control equipment – Waste water operator certifications – Water quality certifications (An applicant for a federal license or permit to conduct an activity that may result in a discharge to a navigable water of the United States must supply the federal licensing authority with a certification from the State that any such discharge will comply with State water quality standards. The federal license or permit may not be used until water quality certification has been issued or waived. DEP may add conditions to the certification, and, if so, these mus t become conditions of the federal license or permit. – Waste discharge licenses (The waste water discharge law requires that a license be obtained for the discharge of pollutants to a stream, river, wetland, or lake of the state, or to the ocean. Typical discharges include sanitary waste water and process water from industrial or commercial activities. A license is also required for the discharge of pollutants to groundwater, except for subsurface disposal systems installed under the State Plumbing Code. – See next slide for the list of permits that exist regarding waste water discharge. –
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Water Quality, continued: ● Maine DEP administers Water Permits, Licenses, and Certifications: – Waste water discharge licenses / permits (continued): – General permits: ● – Municipal and Industrial permits: ● – Antifouling paint, Aquatic Pesticides, Atlantic Salmon Aquaculture, Construction, Ships, Stormwater, Municipal Sewer Systems, Stormwater in the Long Creek Watershed. Sewer system discharge, industrial process water, cooling water. Overboard discharge permits: (OBD program): ● discharges of household waste water in to above-listed water resources. – – ● Sand / salt permits (Salt piles) Subsurface waste discharge permits to protect groundwater. Maine DEP also administers several Water Programs: – (1) Beaches, (2) Children's Water Festivals, (3) Combined Sewer Overflow, (4) Hydropower and Dams, (5) Invasive Aquatic Plants, (6) Nutrient Criteria, (7) Ships and Boats, (8) Stormwater, (9) Sustainable Water Use, (10) Water Quality Standards, (11) Watershed Management, (12) Waste Discharge, (13) and the Waste water Treatment Program.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Water Quality, continued: ● Maine DEP administers Water Permits, Licenses, and Certifications: – Waste water discharge licenses / permits (continued): – General permits: ● – Municipal and Industrial permits: ● – Antifouling paint, Aquatic Pesticides, Atlantic Salmon Aquaculture, Construction, Ships, Stormwater, Municipal Sewer Systems, Stormwater in the Long Creek Watershed. Sewer system discharge, industrial process water, cooling water. Overboard discharge permits: (OBD program): ● discharges of household waste water in to above-listed water resources. – – ● Sand / salt permits (Salt piles) Subsurface waste discharge permits to protect groundwater. Maine DEP also administers several Water Programs: – ● (1) Beaches, (2) Children's Water Festivals, (3) Combined Sewer Overflow, (4) Hydropower and Dams, (5) Invasive Aquatic Plants, (6) Nutrient Criteria, (7) Ships and Boats, (8) Stormwater, (9) Sustainable Water Use, (10) Water Quality Standards, (11) Watershed Management, (12) Waste Discharge, (13) and the Waste water Treatment Program. Maine DEP also administers over two dozen administrative rules that apply to the licensing, permitting, certification, and Water Programs listed on the above slides.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine Board of Environmental Protection: – The Maine Board of Environmental Protection is a citizen board with members appointed by the Governor and approved by the Legislature. – It must “provide informed, independent, and timely decisions on the interpretation, administration, and enforcement of the laws relating to environmental protection and to provide for credible, fair and responsible public participation in departmental decisions.” 38 M.R.S.A. § 341-B. – It reports annually to the Legislature about its activities and the effectiveness of Maine's environmental laws, including recommending any needed amendments. – In 2011, the Maine State Legislature enacted certain changes to the Board's composition and substantive duties: ● ● ● ● ● Major substantive rulemaking: The Board holds public hearings on, and provisionally adopts, major substantive rules of the Department of Environmental Protection; Decisions on certain permit applications: The Department's statutes specify that certain applications such as those pertaining to hazardous waste facilities must be evaluated and decided by the Board; Appeals of certain Commissioner licensing and enforcement actions; Petitions to modify a license or require corrective action that are referred to the Board by the Commissioner; and Recommendations to the Legislature: The Board is charged with making recommendations to the Legislature on the implementation of the state's environmental laws.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine Board of Environmental Protection: – Proceedings before the BEP are governed by the Maine Administrative Procedure Act, the Board's procedural statutes, and rules governing various types of proceedings (e.g., rulemaking, appeal proceedings, etc.) and by program-specific statutes and rules governing substantive matters (e.g., control of air emissions, waste management and land use. All meetings of the Board are noticed and open to the public. – The BEP only deals with major substantive rules, routine technical rules concerning the board (including the processing of applications, the conduct of hearings, and other administrative matters). – In 2012, changes were made regarding: ● Standards regarding standing / aggrieved persons for purposes of application appeals ● Application processing and other administrative rules ● ● – Rules governing conduct during licensing hearings, for APA compliance. (Joint rulemaking by the Board and the Commissioner) Designating BHA as a priority chemical regarding children. Also in 2012, major substantive rules were referred by the BEP to the Legislature (which adopted): ● Noise from wind energy developments ● Activities in habitat of inland waterfowl and wading birds ● Storage of diesel fuel in gravel pits and quarries.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine Board of Environmental Protection: – The BEP also decides those applications that, in its judgment, are a project of “statewide” significance. Some statewide significance projects are set forth by statute In 2012, there were four: US Navy / Portsmouth Naval Shipyard Commercial Hazardous Waste Storage Facility License Renewal; CMP, same license; a commercial waste oil storage and treatment center license renewal; and a hazardous waste post-closure license modification. – The BEP also handles appeals from Commissioner Licensing Decisions: If an applicant – or other person – is aggrieved by a licensing decision of the Commissioner, that decision may be appealed to the BEP or to Superior Court (what decides which one?) The BEP may affirm, amend, or reverse the Commissioner's decision, or remand for further proceedings. – The BEP's standard of review on appeal is de novo as to both the findings of fact and the conclusions of law made by the Commissioner. – The record on appeal is limited to the administrative record prepared by the DEP in its review of the application. – The BEP's goal is to handle appeals expeditiously in accordance with DEP procedural rules, the requirements of the Maine APA, and program-specific statutes and rules. – The BEP's decision on appeal may be appealed to the Superior Court (or, if an expedited wind energy development, the Law Court). – The BEP also hears petitions to modify licenses / orders of corrective action, as well as appeals of administrative orders issued by the Commissioner.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine Board of Environmental Protection: – Several of the DEP's program-specific statutes provide for appeals to the BEP of a Commissioner's Administrative Order (e.g., ordering remediation of a contaminated site). These are unilateral orders through which the Commissioner seeks to correct serious environmental conditions. – Due process is afforded through the right to appeal to the BEP, and then Superior Court. – Example: Commissioner ordered site cleanup, designating party M as responsible party, and ordering it to remediate the site. M appealed the order to the BEP pursuant to 38 M.R.S.A. Section 1365(4). Then, following an administrative stay at the state level of the state appeal proceeding pending the outcome of M's separate action against the Commissioner in U.S. District Court, the BEP held a public hearing, taking testimony and cross-examination of witnesses. The BEP then upheld the Commissioner's Order with “major modifications.” M subsequently appealed the BEP's decision to Superior Court, which affirmed the BEP's decision. – License decisions regarding wind energy developments are often appealed to the Board. – BEP's goals: fairness, transparency, efficiency, due process for all parties, and credible public participation in BEP proceedings.
  • An Overview of Some Parts Of Maine Government Relating To State Land Use Laws and other Administrative Regulation ● Maine Board of Environmental Protection: – Additional documents that BEP provides to the public: ● Information Sheets about the BEP and its role ● Licensing: Guidance on how to request and obtain BEP jurisdiction ● (Most license applications are processed at the DEP staff level; but there are 3 reasons that an application goes to the BEP): ● State law requires it (application for a commercial hazardous waste facility) ● The project satisfies the “project of statewide significance” definition; or ● The application is referred to the BEP jointly by the applicant and the Commissioner. ● The BEP cannot assume jurisdiction over expedited wind energy developments, small scale wind energy developments, offshore wind energy demonstration projects, or tidal energy demonstration projects. – How to participate in a BEP licensing hearing, and how to appeal a licensing decision – The BEP's Chapter 2 administrative rules regarding application processing – The BEP's Chapter 3 rules concerning conduct of licensing hearings Rulemaking: – ● – – – – Rulemaking by the BEP, including public comment at the time of rule adoption DEP Rulemaking initiatives Petitions for adoption or modification of a rule Listings of existing DEP rules.