Public Laws

124th Legislature

Second Regular Session


Parts: A B

Chapter 579

H.P. 999 - L.D. 1423

PART B

Sec. B-1. 37-B MRSA 797, sub-6, as enacted by PL 1989, c. 464, 3 and amended by c. 929, 2, is further amended to read:

6.Information withholding. An indication if the person is electing to withhold information from disclosure under section 800; and

Sec. B-2. 37-B MRSA 797, sub-7, as amended by PL 2009, c. 252, 5, is further amended to read:

7.Transportation. A description of the manner in which the substance is shipped to the facility, including standard and alternate transportation routes taken through the State from point of origin or entry to the facility. Records held by the commission regarding standard and alternate transportation routes are confidential records for the purposes of Title 1, chapter 13, subchapter 1. The commission may provide those records to state, county or local emergency management agencies or public officials, as the commission determines necessary, but shall require those agencies or officials to hold those records as confidential ; and .

Sec. B-3. 37-B MRSA 797, sub-8, as amended by PL 2009, c. 252, 5, is repealed.

Sec. B-4. 37-B MRSA 799, as amended by PL 2009, c. 252, 6, is further amended to read:

799. Toxic chemical release reports

Under this section, the owner or operator of every facility with 10 or more employees and within Standard Industrial Classification Codes 20-39 must file toxic chemical release reports for routine releases with the United States Environmental Protection Agency, the Department of Environmental Protection, the commission and the local emergency planning committee by October 1, 1989 and annually thereafter consistent with the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Section 313, and 40 Code of Federal Regulations, Part 372. Those reports must be made available to the public by the commission and the local emergency planning committee. The owner or operator of every facility required to report under this section must also submit a report on the progress made by the facility toward meeting the toxics release reduction goals established in Title 38, section 2303.

Sec. B-5. 38 MRSA 342, sub-4, B, as amended by PL 1991, c. 804, Pt. C, 2, is further amended to read:

B. The Office of Pollution Prevention is established within the department to review department programs and make recommendations to the commissioner on means of integrating pollution prevention into department programs. The Office of Pollution Prevention has the following functions:

(1) To establish pollution prevention priorities within the department;

(2) To coordinate department pollution prevention activities with those of other agencies and entities;

(3) To ensure that rules, programs and activities of the department are consistent with pollution prevention goals and do not hinder pollution prevention initiatives;

(4) To provide technical assistance, training and educational activities to assist the general public, governmental entities and the regulated community with development and implementation of pollution prevention programs as funds allow;

(5) To establish an award program to recognize businesses, local governments, department staff and others that have implemented outstanding or innovative pollution prevention programs, activities or methods;

(6) To identify opportunities to use the state procurement system to encourage pollution prevention;

(7) To develop procedures to determine the effectiveness of the department's pollution prevention programs and activities;

(8) To assume responsibility for the administration and implementation of chapter 26 27; and

(9) To administer and evaluate the Technical and Environmental Assistance Program established in section 343B.

The commissioner shall designate an employee of the department to manage the functions of the Office of Pollution Prevention. That person may provide independent testimony to the Legislature, may make periodic reports to the administrator of the federal Environmental Protection Agency for transmittal to the United States Congress and may address problems or concerns related to the functions of the office, including the investigation of complaints concerning the Technical and Environmental Assistance Program.

The commissioner shall identify a staff person or persons in each bureau of the department whose primary responsibility is to provide guidance to any party through the permit review process.

Sec. B-6. 38 MRSA 343-D, first , as enacted by PL 1991, c. 804, Pt. C, 3 and affected by 5, is amended to read:

The Pollution Prevention Advisory Committee, established by Title 5, section 12004I, subsection 22B 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 toxic chemicals and implementation of the provisions of chapter 26 27, 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.

Sec. B-7. 38 MRSA 343-D, sub-8, as enacted by PL 1991, c. 804, Pt. C, 3 and affected by 5, is amended to read:

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;

A-1. The reduction of toxic chemicals pursuant to chapter 27;
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

C. The Office of Pollution Prevention established under section 342, subsection 4, paragraph B.

In conducting its review under paragraphs A A1 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.

Sec. B-8. 38 MRSA 358, sub-3, A, as enacted by PL 1991, c. 520, 2, is amended to read:

A. Support the Toxics Use, Toxics Release and Hazardous Waste Reduction Program established under chapter 26 reduction of toxic chemicals under chapter 27; and

Sec. B-9. 38 MRSA 361-A, sub-3-B, as enacted by PL 1991, c. 520, 3, is amended to read:

3-B.Pollution prevention. "Pollution prevention" means the application of the toxics use reduction principles and reduction hierarchies, which are established in chapter 26, 27 to manufacturing, commercial and consumer chemical use and energy production and consumption.

Sec. B-10. 38 MRSA 1319-E, sub-1, G, as enacted by PL 1993, c. 355, 54, is amended to read:

G. Costs incurred in the administration of chapter 26 27 or the provision of technical assistance under the toxics use, toxics release and hazardous waste reduction program established technical assistance and recognition programs described in chapter 26 section 2326.

Sec. B-11. 38 MRSA 1319-I, sub-2-A, as amended by PL 1991, c. 520, 5, is repealed.

Sec. B-12. 38 MRSA 1692, as enacted by PL 2007, c. 643, 2, is amended to read:

1692. Declaration of policy

It is the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to reduce exposure of children and other vulnerable populations to chemicals of high concern by substituting safer alternatives when feasible. By enactment of this chapter, the Legislature confers upon the department the regulatory power to collect information on chemical use and prohibit the sale of children's products containing priority chemicals when safer alternatives are available. The policy represented in this chapter is in furtherance of the toxics use reduction policies under chapter 26 27.

Sec. B-13. Effective date. This Part takes effect July 1, 2012.

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State House, Room 108
Augusta, ME 04333