8.__Additional facilities; planning requirements.__The commissioner may make a finding that participation by a class of facilities in toxics reduction planning pursuant to this chapter could reduce the threat to public health, safety, occupational exposure and risk to the environment.__Such a finding must follow public notice and be based on the past performance of that class of facilities and the extent to which that class of facilities contributes to the total amount and overall toxicity of toxics used, toxics released or hazardous waste generated in the State or a region of the State.__If the commissioner makes such a finding, the commissioner may by rule designate that class of facilities as subject to this chapter.__Such a rule is a major substantive rule under Title 5, chapter 375, subchapter II-A.

9.__Future statewide goals.__By October 1, 2006, the commissioner shall establish by rule new statewide goals for reducing the amount of toxics used, toxics released and hazardous waste generated, consistent with the principles of continuous improvement in environmental management.__The commissioner shall base the new goals on the extent of progress achieved by facilities throughout the State, the availability of new reduction methods and the degree of risk and hazard to occupational health, public health and safety and environmental quality posed by the use or release of toxic substances in the State and by the generation of hazardous waste in the State.__At the expiration of the time periods for the goals established under this subsection, the commissioner shall repeat the process.__ These rules are routine technical rules under Title 5, chapter 375, subchapter II-A.

Sec. 17. 38 MRSA §2311, as amended by PL 1997, c. 643, Pt. L, §1, is repealed and the following enacted in its place:

§2311.__Fees

The commissioner shall deposit all money received in payment of fees under this section in a separate nonlapsing account within the Maine Hazardous Waste Fund to cover expenses incurred by the department in the administration of this chapter.

1.__Toxics user.__Toxics users shall submit $100 per toxic substance reported by the facility under this chapter to the department annually by August 1st.

2.__Toxics releaser.__Toxics releasers shall submit $100 per toxic substance reported by the facility under this chapter to the department annually by August 1st.