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:
Sec. B-2. 37-B MRSA §797, sub-§7, as amended by PL 2009, c. 252, §5, is further amended to read:
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 B-3. 37-B MRSA §797, sub-§8, as amended by PL 2009, c. 252, §5, is repealed.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:
(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:
(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;
(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
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:
Sec. B-9. 38 MRSA §361-A, sub-§3-B, as enacted by PL 1991, c. 520, §3, is amended to read:
Sec. B-10. 38 MRSA §1319-E, sub-§1, ¶G, as enacted by PL 1993, c. 355, §54, is amended to read:
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.