Title 38, §343-D: Pollution Prevention Advisory Committee

§343-D. Pollution Prevention Advisory Committee

The Pollution Prevention Advisory Committee, established by Title 5, section 12004-I, subsection 22-B and referred to in this section as the "committee," serves as a review body to assess the progress in the reduction of toxics use, toxics release and hazardous waste and implementation of the provisions of chapter 26, the Office of Pollution Prevention and the Technical and Environmental Assistance Program and may render advisory opinions to the commissioner on the effectiveness of each. [1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF).]

1. Appointment; composition. The committee consists of 16 voting members.

A. The Governor shall appoint 2 representatives from the business community, 2 elected or appointed municipal officials who are not owners or representatives of owners of small business stationary sources, and 2 representatives of organized labor. [1993, c. 500, §2 (AMD); 1993, c. 500, §5 (AFF).]

B. The President of the Senate shall appoint one member from a public health organization, one member from an environmental organization and one public member who is an owner or represents an owner of a small business stationary source. [1993, c. 500, §2 (AMD); 1993, c. 500, §5 (AFF).]

C. The Speaker of the House of Representatives shall appoint one member from a public health organization, one member from an environmental organization and one public member who is an owner or represents an owner of a small business stationary source. [1993, c. 500, §2 (AMD); 1993, c. 500, §5 (AFF).]

D. The commissioner shall appoint a designee to represent the department. [1993, c. 500, §2 (AMD); 1993, c. 500, §5 (AFF).]

E. The Senate Minority Leader and the House Minority Leader shall each appoint one member who is an owner or represents an owner of a small business stationary source. [1993, c. 500, §2 (NEW); 1993, c. 500, §5 (AFF).]

F. The Director of the Bureau of Air Quality Control shall appoint a designee to represent the bureau. [1993, c. 500, §2 (NEW); 1993, c. 500, §5 (AFF).]

The Commissioner of Labor and the Director of the Maine Emergency Management Agency serve as ex officio members and do not vote on committee matters.

As used in this subsection, unless the context otherwise indicates, a "small business stationary source" means a source that meets the eligibility requirements of 42 United States Code Annotated, Section 7661f.

[ 1995, c. 656, Pt. A, §18 (AMD) .]

2. Terms. Except for the commissioner, who shall serve a term coincident with that person's appointment as the commissioner, all members are appointed for staggered terms of 4 years. A vacancy must be filled by the same appointing authority that made the original appointment. Appointed members may not serve more than 2, 4-year terms.

[ 2009, c. 121, §2 (AMD) .]

3. Compensation. Members are entitled to compensation for expenses according to Title 5, section 12004-I, subsection 22-B.

[ 1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF) .]

4. Quorum; actions. A quorum is a majority of the voting members of the committee. An affirmative vote of the majority of the members present at a meeting is required for any action. Action may not be considered unless a quorum is present.

[ 1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF) .]

5. Chair. The Governor shall appoint one member to serve as chair.

[ 1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF) .]

6. Meetings. The committee shall meet at least 4 times per year and at any time at the call of the chair or upon written request to the chair by 4 of the voting members.

[ 1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF) .]

7. Staff support. The commissioner shall provide the committee with staff support.

[ 1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF) .]

8. Duties; powers. The committee may review and may render advisory opinions to the commissioner on the operation and effectiveness of the following programs:

A. Toxics Use, Toxics Release and Hazardous Waste Reduction Program, established in chapter 26. The committee may:

(1) Review program priorities for toxics use, toxics release and hazardous waste reduction and may identify user groups as priorities for department technical assistance activities;

(2) Review the criteria for the submission of toxics use, toxics release and hazardous waste reduction plans;

(3) Study and evaluate the practicability of achieving reductions in the use or release of specific substances through the use of substitutes, alternate procedures or processes or other means of achieving toxics use, toxics release and hazardous waste reduction;

(4) Recommend revisions to the department, if appropriate, to toxics use, toxics release and hazardous waste reduction goals and to the Toxics Use, Toxics Release and Hazardous Waste Reduction Program; and

(5) Evaluate existing programs related to chemical production and use, hazardous waste generation, industrial hygiene, worker safety and public exposure to toxics and toxics releases and recommend coordination of information and program changes or development; [1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF).]

B. The Technical and Environmental Assistance Program established under section 343-B. In reviewing that program, the committee may:

(1) Review information developed or distributed by the Technical and Environmental Assistance Program to ensure that the information is understandable to the general public; and

(2) Prepare periodic reports to the Governor on the compliance status of the Technical and Environmental Assistance Program. The reports must be forwarded to the federal Environmental Protection Agency complying with the requirements of the federal Paperwork Reduction Act of 1980, Public Law 96-511, as amended; the federal Regulatory Flexibility Act, 5 United States Code, Sections 601 to 612; and the federal Equal Access to Justice Act, Public Law 96-481, as amended; and [1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF).]

C. The Office of Pollution Prevention established under section 342, subsection 4, paragraph B. [1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF).]

In conducting its review under paragraphs A to C, the committee may submit recommendations for statutory changes to the joint standing committee of the Legislature having jurisdiction over energy and natural resources matters.

[ 1991, c. 804, Pt. C, §3 (NEW); 1991, c. 804, Pt. C, §5 (AFF) .]

SECTION HISTORY

1991, c. 804, §C3 (NEW). 1991, c. 804, §C5 (AFF). 1993, c. 500, §2 (AMD). 1993, c. 500, §5 (AFF). 1995, c. 465, §A11 (AMD). 1995, c. 656, §A18 (AMD). 1995, c. 465, §C2 (AFF). 2009, c. 121, §2 (AMD).

Maine Revised Statutes

§343-D. Pollution Prevention Advisory Committee

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