An Act To Improve Toxics Use Reduction and Reduce Energy Costs by Maine Businesses
Maine Legislature, Session 124, LD 1423
Committee Amendment CA_A_H712 (House)
Amends: 38 MRSA §1310-B, 37-B MRSA §797, 37-B MRSA §799, 38 MRSA §342, 38 MRSA §343-D, 38 MRSA §358, 38 MRSA §361-A, 38 MRSA §1319-I, 38 MRSA §1692

COMMITTEE AMENDMENT" 4" to H.P. 999, L.D. 1423, Bill, "An Act To 
Improve Toxics Use Reduction and Reduce Energy Costs by Maine Businesses" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 38 MRSA §1310-B, sub-§2, as amended by PL 2009, c. 397, § I, 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, information 
relating to electronic devices submitted to the department under section 1610, subsection 
6-A eF, information relating to mercury reduction plans submitted to the department 
under section 585-B, subsection 6 or information related to priority toxic chemicals 
submitted to the department under chapter 27 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 Depaliment of Health and 
Human Services and their agents and employees, other 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 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 
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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 is 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. 
Sec. A-2. 38 MRSA c. 26, as amended, is repealed. 
Sec. A-3. 38 MRSA c. 27 is enacted to read: 
CHAPTER 27 
PRIORITY TOXIC CHEMICAL USE REDUCTION 
§2321. Toxic chemical reduction policy; department duty 
It is the policy of the State, consistent with its duty to protect the health, safety and 
welfare of its citizens and the quality of the environment, to continually and as 
expeditiously as practicable reduce the use of toxic chemicals, particularly those 
identified by the State as being priority toxic chemicals, by cOrTllnercial and industrial 
facilities through comprehensive environmental management practices, the use of 
inherently safer products, the use of materials and processes that are reasonably available 
and the more efficient use of resources. The department shall work with commercial and 
industrial facilities to establish goals to reduce the use of priority toxic chemicals based 
on the reasonable availability of safer alternatives and other factors. The policy 
represented in this chapter is consistent with the reduction of toxic chemicals in 
children's products under chapter 16-0. 
§2322. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Alternative. "Alternative" means a substitute process, product, material, chemical, 
strategy or a combination of these that serves a purpose functionally equivalent to that of 
a priority toxic chemical used by a commercial and industrial facility. 
2. Commercial and industrial facility or facility. 
"Commercial and industrial 
facility" or "facility" means an entity: 
A. With an economic sector or industry code under the North American Industry 
Classification System of the United States Department of Commerce, United States 
Census Bureau; and 
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B. Located in the State. 
3. 
Environmental management system. "Environmental management system" 
means a part of an overall management system of a facility and includes organizational 
structure, planning activities, responsibilities, practices, procedures, processes and 
resources for developing, implementing, achieving, reviewing and maintaining the 
environmental policy of the facility through documented systematic procedures. 
4. Priority toxic chemical. "Priority toxic chemical" means a chemical that has 
been identified by the department pursuant to section 2323. 
5. Reasonably available. "Reasonably available" means practicable based on cost, 
efficacy, availability and other factors as determined by the department. 
6. Safer alternative. "Safer alternative" has the same meaning as in section 1691, 
subsection 12. 
7. SARA. "SARA" means the Superfund Amendments and Reauthorization Act of 
1986, Public Law 99-499. 
8. Toxic chemical. "Toxic chemical" means a chemical that has been identified as a 
chemical of high concern pursuant to section 1693 or a chemical the use or release of 
which is subject to reporting under the SARA, Title III, Section 312 or 313. 
9. 
Use. 
"Use" means to manufacture, process or otherwise use a priority toxic 
chemical or to use a product or material that contains a priority toxic chemical if so 
designated by the department in rules adopted under this chapter. 
§2323. Identification of priority toxic chemicals 
1. Identification of chemicals. By July I, 20 II, the department, in consultation 
with the Depat1ment of Health and Human Services, Maine Center for Disease Control 
and Prevention, shall establish by rule a list of no more than 10 priority toxic chemicals. 
A. A chemical may be included on the list only if it has been identified on the basis 
of credible scientific evidence by an authoritative state or federal governmental 
agency, or on the basis of other scientific evidence considered authoritative by the 
department, as being known as or reasonably anticipated to be: 
(l) A carcinogen, a reproductive or developmental toxicant or an endocrine 
disruptor; 
(2) Persistent, bioaccumulative and toxic; or 
(3) Very persistent and very bioaccumulative. 
B. In determining whether to include a chemical on the list, the department may 
consider the following factors: 
(I) The risk of worker exposure to the chem ical; 
(2) The threat posed to human health and the environment; 
(3) The threat to the health and safety of a community if the chemical is released 
accidentally; 
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(4) The pervasiveness of the chemical's use in the State; and 
(5) The existence of a reasonably available safer alternative. 
2. Review and revision of list. The department shall review and revise the list 
under subsection 1 every 3 years, except that the department may revise the list more 
frequently if it determines that the addition of a toxic chemical to the list of priority toxic 
chemicals is necessary to protect human health and the environment or if more credible 
and recent scientific evidence justifies deletion of a chemical from the list. 
3. Identification of products and materials containing priority toxic chemical. 
The department, in consultation with the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention, may identifY by rule products and 
materials containing a priority toxic chemical and may specifY that use of those products 
and materials is subject to the requirements of this chapter. 
§2324. Reporting use of priority toxic chemicals 
Beginning July 1,"2013, a commercial and industrial facility that uses in excess of 
1,000 pounds of a priority toxic chemical during any calendar year shall file a report with 
the department· pursuant to this section. 
The· depaliment may establish a different 
reporting threshold for a particular priority toxic chemical. 
1. Calculation of threshold. In making the calculation of the threshold under this 
section, the facility is not required to include quantities of the priority toxic chemical in a 
mixture or trade name product at less than 1.0%, unless the chemical is a carcinogen as 
determined under 29 Code of Federal Regulations, Part 1910, Section 1200(d)( 4) (2009). 
If the chemical is a carcinogen under 29 Code of Federal Regulations, Part 1910, Section 
1200(d)( 4) (2009), the facility is not required to include quantities of the chemical at less 
than 0.1 %. 
A. The identity of a priority toxic chemical in a mixture or trade name proi:luct must 
be determined using the specific name of the chemical with a corresponding chemical 
abstracts service registry number that appears on the material safety data sheet 
required under 29 Code of Federal Regulations, Part 1910, Section 1200 (2009) 
referred to in this subsection as "the material safety data sheet." 
B. To quantifY the amount of a priority toxic chemical, a commercial and industrial 
facility may rely on the material safety data sheet or other information that is in the 
possession of the facility, unless the facility knows or it is generally known in the 
industry based on widely disseminated industry information that the material safety 
data sheet or other information is inaccurate or incomplete, based on existing reliable 
test data or other reliable published scientific evidence. A facility is not required to 
test or perform file searches to identifY or quantifY the amount of a priority toxic 
chemical in a mixture or trade name product. A facility is not required to evaluate a 
chemical unless the facility does not rely on the evaluation performed by the preparer 
of the material safety data sheet. 
2. Reports. Reports required under this section must be filed annually by July 1 st 
and must include information for the prior calendar year.· The department may not 
require reports under this section less than 18 months after a priority toxic chemical has 
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been identified pursuant to section 2323. The department shall prepare a reporting form 
that requires submission of the following information: 
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A. The amount of a priority toxic chemical used by the facility in its manufacture or 
production process during the reporting period; 
B. The increase or decrease in use of a priority toxic chemical by the facility since 
10, unless the facility has set another baseline year subsequent to the year 2005, 
which baseline year must be specified; 
C. Beginning with reporting year 2014, the increase or decrease in use of a priority 
toxic chemical by the facility since the prior reporting period and an explanation for 
any increase in use of any priority toxic chemical that exceeds 15%; 
D. A written certification signed by a senior official with management responsibility 
that the owner or operator of the facility has prepared a pollution prevention plan 
under section 2325 or has implemented an environmental management system and 
that the plan or environmental management system is available on site for the 
department's inspection in accordance with section 2325; and 
E. A statement that employees have been notified of and involved in the pollution 
prevention plan or environmental management system under section 2325. 
3. Confidentiality. Information submitted to the depaliment pursuant to this section 
may be designated as confidential by the submitting party in accordance with the 
provisions in section 1310-B and, if the information is so designated, the provisions of 
section 131 O-B apply, 
§2325. Pollution prevention plans and reduction goals 
Unless otherwise provided in this section, an owner or operator of a facility subject to 
the reporting requirements in section 2324 shall develop by July 1, 2012 and update at 
least every 2 years thereafter a pollution prevention plan. 
1. Plan requirements. A pollution prevention plan must include, at a minimum, the 
following: 
A. A statement offacility-wide management policy regarding toxics use reduction; 
B. 
Identification, characterization and accounting of the types and amounts of all 
priority toxic chemicals used at the facility; 
C. 
Identification, analysis and evaluation of any appropriate technologies, 
procedures, processes, chemical alternatives, equipment or production changes that 
may be used by the facility to reduce the amount or toxicity of priority toxic 
chemicals used including a financial analysis of the costs and benefits of reducing the 
amount of priority toxic chemicals used; 
D. A strategy and schedule for implementing practicable reduction options for each 
priority toxic chemical; 
E. 
A program for maintaining records on priority toxic chemical use and 
management costs, such as the costs of personal protection equipment, liability 
insurance, training, chemical storage and disposal; 
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F. The facility's goal for reducing use of priority toxic chemicals and products and 
materials containing such chemicals; 
G. An employee awareness and training program that informs employees of the use 
of priority toxic chemicals by the facility and involves employees in achieving the 
established reduction goal under this subsection; and 
H. An assessment of alternatives explored to reduce use of priority toxic chemicals 
that is prepared according to standard methods or guidelines for conducting 
alternatives assessments made available by the department. 
2. 
Environmental management system. 
A facility that has an environmental 
management system that is audited by a 3rd party or reviewed by the department and that 
includes a plan to reduce use of priority toxic chemicals and of products and materials 
containing priority toxic chemicals meets the planning requirements of this section. 
3. Plan retention. A pollution prevention plan must be finalized, approved and 
signed by a senior official with management responsibility. An owner or operator of a 
facility shall keep, a complete copy of the pollution prevention plan or environmental 
management system and any backup data on the premises of that facility for at least 5 
years and make the copy and data available to employees of the department for inspection 
during business hours upon request. The department may require the owner or operator 
of a facility to make any modifications to a plan or environmental management system to 
maintain consistency with the policy of this chapter. 
§2326. Technical assistance and recognition programs 
The department shall develop a technical assistance program for commercial and 
industrial facilities that use priority toxic chemicals and products and materials containing 
priority toxic chemicals. The goal of a technical assistance program must be to reduce 
use of priority toxic chemicals by such facilities and to help these facilities achieve the 
reduction goals established in their environmental management systems or pollution 
prevention plans under section 2325. The department shall determine the facilities most 
in need of technical assistance and shall establish priorities based on a number of factors, 
including, but not limited to, the availability of safer alternatives, the toxicity of the 
chemical used by particular facilities, the size and resources of those facilities and the 
resources available to the department. 
The department may develop a recognition program to promote the reduction in use 
of priority toxic chemicals and to recognize commercial and industrial facilities in the 
State for their achievements in reducing their use of priority toxic chemicals. 
§2327. Penalties 
The owner or operator of a facility subject to the requirements of this chapter that 
fails to meet any requirement of this chapter is subject to penalties under section 349. 
§2328. Exemptions 
The department may exempt classes of facilities and specific uses of priority toxic 
chemicals by commercial and industrial facilities from the requirements of this chapter if 
the department determines that no reasonably available safer alternative exists, that the 
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chemical is naturally occurring or that application of this chapter is unlikely to result in 
the reduction of the use of a priority toxic chemical. 
A facility subject to the requirements of this chapter may file an application for an 
exemption from some or all of the requirements of this chapter on a form developed by 
the department. The department shall rule on a request for an exemption within 120 days 
of receipt of an application. 
§2329. Rules 
The department shall adopt rules to implement this chapter. Rules adopted by the 
department pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§2330. Fees 
The commissioner shall deposit all money received in payment of fees under this 
section in a separate non lapsing account within the Maine Hazardous Waste Fund to 
cover expenses incurred by the department in the administration of this chapter. 
1. Facilities subject to reporting under SARA, Title III, Section 312. An owner or 
operator of a facility that is required to report the presence of extremely hazardous 
substances under the SARA, Title III, Section 312 shall submit $100 for each extremely 
hazardous substance repOlied by the facil ity to the department annually by October 1 st. 
For purposes of this subsection, "extremely hazardous substance" has the same meaning 
set fOlih in the SARA, Title III, Section 302 and listed in 40 Code of Federal Regulations, 
Part 355. 
2. Facilities subject to reporting under SARA, Title III, Section 313. An owner or 
operator of a facility that is required to repOli the release of chemicals under the SARA, 
Title III, Section 313 shall submit $ I 00 for each toxic release inventory chemical repOlied 
by the facility to the depaliment annually by October I st. 
For purposes of this 
subsection, "toxic release inventory chemical" means any substance in a gaseous, liquid 
or solid state listed pursuant to the SARA, Title TIl, Section 3 13 and listed in 40 Code of 
Federal Regulations, Pali 372.65. 
3. Hazardous waste generators. Generators that ship 661 pounds or more of 
hazardous waste in a calendar year shall pay the following fees to the department 
annually by October 1st: for generators that ship 5,000 pounds or more of hazardous 
waste in a calendar year, the fee is $1,000; for generators that ship between 2,640 pounds 
and 4,999 pounds per calendar year, the fee is $500; and for generators that ship between 
pounds and 2,639 pounds per calendar year, the fee is $ I 00. Generators that ship less 
than 66 I pounds of hazardous waste in a calendar year are not required to pay fees under 
this section. 
4. Fee limitation. A facility subject to fees under this section may not be assessed 
more than $ I ,000 per year. 
5. Effective date. This section takes effectJuly 1,2012. 
Sec. A-4. Fees report. By January 5, 20 I 3, the Department of Environmental 
Protection shall submit a report on a revised fee structure for facilities subject to the 
Maine Revised Statutes, Title 38, chapter 27 to the joint standing committee of the 
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Legislature having jurisdiction over natural resources matters. The report must include 
recommendations on a revised fee structure that furthers the policy and goals of Title 38, 
chapter 27. The joint standing committee of the Legislature having jurisdiction over 
natural resources matters may submit a bill regarding a revised fee structure to the First 
Regular Session of the 126th Legislature. 
Sec. A-S. Initial list of priority toxic chemicals. In establishing the initial list 
of priority toxic chemicals pursuant to the Maine Revised Statutes, Title 38, chapter 27, 
section 2323, the Department of Environmental Protection and the Department of Health 
and Human Services, Maine Center for Disease Control and Prevention may consider, but 
are not limited to, the following: 
I. Chemicals of concern identified by the United States Environmental Protection 
Agency under its enhanced chemical management program; 
2. The list of persistent bioaccumulative toxins in Washington State Administrative 
Code, Chapter 173-333; 
3. 
The "Five Chemical Alternatives Assessment Study," published by the 
Massachusetts Toxics Use Reduction Institute, June 2006; 
4. Substances designated as higher hazard substances pursuant to the Massachusetts 
Toxics Use Reduction Act; and 
5. Priority toxic chemicals identified pursuant to the Maine Revised Statutes, Title 
38, section 1694. 
Sec. A-6. Effective date. That section of this Part that repeals the Maine Revised 
Statutes, Title 38, chapter 26 takes effect July I, 2012. 
PARTB 
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-;--aH:d.:. 
Sec. B-3. 37-B MRSA §797, sub-§8, as amended by PL 2009, c. 252, §5, is 
repealed. 
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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 repOlts must 
be made available to the public by the commission and the local emergency planning 
committee. The o'.vner or operator of every faoility required to report under this seotion 
must also submit a report on the progress made by the faoility toward meeting the tmdos 
release reduotion 2:oals established in Title 38. seotion 2303. 
Sec. B-S. 38 MRSA §342, sub-§4, ~, 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 depaltment 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 identity opportunities to use the state procurement system to encourage 
pollution prevention; 
(7) To develop procedures to determine the effectiveness of the depaltment's 
pollution prevention programs and activities; 
(8) 
To assume responsibility for the administration and implementation of 
chapter U 27; and 
(9) To administer and evaluate the Technical and Environmental Assistance 
Program established in section 343-B. 
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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 G[, 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 
12004-1, subsection 22-8 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 ~ 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 MRS A §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. 
Toxies Use, Toxics Release and Hazardous Waste Reduction Proe:ram. 
established in chapter 26. The committee may: 
(I) Review program priorities for tmdcs use, toxics release and hazardous '.vaste 
reduction and may identifY user groups as priorities fer department technical 
assistance activities~ 
(2) 
Revie\-v the criteria fer the submission of toxics use. toxics release and 
hazardous waste reduction IJlans~ 
(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 to)(ics use. toxics release and hazardous 
waste reduction: 
(4) Recommend revisions to the department, if appropriate, to toxics use, toxics 
release and hazardous 'Naste reduction goals and to the Tmdcs Use. Toxics 
Release and Hazardous 'Naste Reduction Proe:ram: and 
(5) 
Bvaluate existing programs related to chemical production and use, 
hazardous \-vaste generation, industrial hygiene, 'Noricer safety and public 
exposure to to)(ics and toxics releases and recommend coordination of 
information and nroe:ram chamms or develoBment~ 
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A-L 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 A-I 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, '1fA, as enacted by PL 1991, c. 520, §2, is 
amended to read: 
A. 
Support the Toxics Use, Toxics Release and Hazardous Waste Reduction 
Program establ ished under chapter 26 reduction of toxic chern icals 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 
2-&,- 27 to manufacturing, commercial and consumer chemical use and energy production 
and consumption. 
Sec. B-I0. 38 MRS A §1319-E, sub-§I, t[G, as enacted by PL 1993, c. 355, §54, 
is amended to read: 
G. 
Costs incurred in the administration of chapter U 27 or the provision of 
technical assistance under the toxics use, tOJdcs release and hazardous waste 
reduction program established technical assistance and recognition programs 
described in chapter 26 section 2326. 
Sec. B-l1. 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: 
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COMMITTEE AMENDMENT "A "to H.P. 999, L.D. 1423 
§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 U 27. 
Sec. B-13. Effective date. This Part takes effectJuly 1,2012.' 
SUMMARY 
This amendment replaces the bill. Part A repeals the Maine Revised Statutes, Title 
38, chapter 26 effective July I, 2012. 
It directs the Department of Environmental 
Protection to establish by rule a list of.priority toxic chemicals by July I, 20 II and to 
review and revise the list at least every 3 years. Commercial and industrial facilities that 
use in excess of 1,000 pounds of a priority toxic chemical per year are required by July I, 
2012 to develop a pollution prevention plan or environmental management system and by 
July I, 2013 to begin filing annual usage reports with the department. 
Information 
contained in the report may be classified as confidential. 
Part A requires the department to develop a technical assistance program and 
authorizes the department to develop a recognition program. 
It also authorizes the 
department to exempt facilities from the requirements of the law. 
Part A also requires the department to submit to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters a report on a revised fee 
structure by January 5, 2013. 
Part B corrects cross-references. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 02/26/] 0 fi;?ac:.. 
LD 1423 
LR 526(02) 
An Act To Improve Toxics Use Reduction and Reduce Energy Costs by Maine Businesses 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The rulemaking costs, pollution prevention plan processing costs, technical assistance program costs and reporting 
costs required in order to facilitate priority toxic chemical use reduction can be absorbed by the Department of 
Environmental Protection within existing budgeted resources. Any costs to the DepaIiment of Health and Human 
Services from consultations are expected to be minor and can be absorbed utilizing existing budgeted resources. 
LR0526(02) - Fiscal Note - Page] of I