An Act To Further Reduce Mercury Use and Emissions
Maine Legislature, Session 122, LD 2043
Committee Amendment CA_A_S561 (Senate)
Amends: 38 MRSA §1310-B

COMMITTEE AMENDMENT "A, to S.P. 787, L.D. 2043, Bill, "A~ Act To Further 
Reduce Mercury Use and Emissions" 
Amend the bill in section 2 in subsection 6 in paragraph A in the first and 2nd lines 
(page 1, lines 39 and 40 in L.D.) by striking out the following: 
"used, released or 
generated" and inserting in its place the following: 'used or released' 
Further amend the bill in section 2 in subsection 6 in paragraph B in the 3rd line 
(page 2, line 3 in L.D.) by striking out the following: "used, released or generated" and 
inserting in its place the following: 'used or released' 
Further amend the bill in section 2 in subsection 6 in paragraph B in the last line 
(page 2, line 5 in L.D.) by striking out the following: "used, released or generated" and 
inserting in its place the following: 'used or released' 
Further amend the bill in section 2 in subsection 6 by inserting after paragraph B the 
following: 
'CO The department may keep information submitted to the department under this 
subsection confidential as provided under section 13lO-B.' 
Further amend the bill by inserting after section 2 the following: 
'Sec. 3. 38 MRSA §1310-B, sub-§2, as amended by PL 2003, c. 661, §1 and c. 
689, Pt. B, §6, is further amended to read: 
2. 
Hazardous waste information and information on mercury-added products 
and electronic devices and mercury. reduction plans. 
Information relating to 
hazardous waste submitted to the department under this subchapter, information relating 
to mercury-added products submitted to the department under chapter 16-B 
ef~ 
information relating to electronic devices submitted to the department under section 1609, 
subsection 6, paragraph B or information relating to mercury reduction plans submitted to 
the department under section 585-B, subsection 6 may be designated by the person 
submitting it as being only for the confidential use of the department, its agents and 
employees, the Department of Agriculture, Food and Rural Resources and the 
Department of Health and Human Services and their agents and employees, other 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ''Ii' to S.P. 787, L.D. 2043 
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agencies of State Government, as authorized by the Governor, employees of the United 
States Environmental Protection Agency and the Attorney General and, for waste 
information, employees of the municipality in which the waste is located. The designation 
must be clearly indicated on each page or other portion of information. The commissioner 
shall establish procedures to ffis.m:e ensure that information so designated is segregated 
from public records of the department. The department's public records must include the 
indication that information so designated has been submitted to the department, giving 
the name of the person submitting the information and the general nature of the 
information. Upon a request for information, the scope of which includes information so 
designated, the commissioner shall notify the submittor. Within 15 days after receipt of 
the notice, the submittor shall demonstrate to the satisfaction of the department that the 
designated information should not be disclosed because the information is a trade secret; 
or production, commercial or financial information, the disclosure of which would impair 
the competitive position of the submittor and would make available information not 
otherwise publicly available. Unless such a demonstration is made, the information must 
be disclosed and becomes a public record. The department may grant or deny disclosure 
for the whole or any part of the designated information requested and within 15 days shall 
give written notice of the decision to the submittor and the person requesting the 
designated information. A person aggrieved by a decision of the department may appeal 
only to the Superior Court in accordance with the provisions of section 346. All 
information provided by the department to the municipality under this subsection must be 
confidential and not a public record under Title 1, chapter 13. In the event a request for 
such information is submitted to the municipality, the municipality shall submit that 
request to the commissioner to be processed by the department as provided in this 
subsection. ' 
SUMMARY 
This amendment removes the requirement in the bill that a mercury reduction plan 
contain information related to the mercury generated by an emission source. 
The 
amendment also provides that the Department of Environmental Protection may keep 
information contained in a mercury reduction plan confidential if the information is a 
trade secret or production, commercial or financial information, the disclosure of which 
would impair the competitive position of the submittor and would make available 
information not otherwise publicly available. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/30106 frac:.. 
LD 2043 
LR 3170(02) 
An Act To Further Reduce Mercury Use and Emissions 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR3170(2) - Fiscal Note - Page I of 1