An Act To Improve ToxicsUse Reduction and Reduce Energy Costs by Maine Businesses
Maine Legislature, Session 124, LD 1423
Committee: Natural Resources
Sponsors: TREAT, MARTIN, SMITH
Amends: 37-B MRSA §797, 38 MRSA §2301, 38 MRSA §2302, 38 MRSA §2303, 38 MRSA §2303-A, 38 MRSA §2305, 38 MRSA §2309

124th MAINE LEGISLATURE' 
Legislative Document 
No. 1423 
H.P.999 
House of Representatives, April 7, 2009 
An Act To Improve ToxicsUse Reduction and Reduce Energy Costs 
by Maine Businesses 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative TREAT of HaIIowel1. 
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1n·1l!~1d0~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: MARTIN of Eagle Lake, Senator: SMITH of Piscataquis. 
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Be it enacted by the People of the. state of Maine as follows: 
Sec. 1. 37-B MRSA §797, sub-§8; as enacted by PL 1989, c. 929, §3, is amended 
to read: 
·8. Progress toward toxics use reduction goals. For those persons required to 
submit a form under this section for extremely hazardous substances, a report on the 
progress made by the facility toward meeting the toxics use reduction goals established in 
Title 38, section ~ 
03-A. 
Sec .. 2. 37..:B MRSA §799, as amended by PL 1993, c. 355, §2, is further amended 
to read: 
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§799. Toxic chemical release forms 
. 
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 forms 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 forms mHst 
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-A. 
Sec. 3. 38 MRS A §2301, sub-§2, as enacted by PL 1989, c. 929,§7, is amended 
to read: 
2. 
Cross-media pollution. 
"Cross-media pollution" means pollution, including 
greenhouse gases, that has an impact on or degrades more than one any environmental 
resource. 
Sec. 4. 38 MRSA §2301, sub-§7-A is enacted to read: 
7-A. Greenhouse gas. "Greenhou'se gas" has the same meaning as in section 574, 
subsection 1. 
Sec. 5. 38 MRSA §2302, first~, as amended by PL 1999, c. 348, §1, is further 
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amended to read: 
It is the policy of the State to" requce the amoimt of the toxic substances used in the 
State, to reduce worker and environmental exposure to the release of toxic substances, to 
reduce the hazardous w:aste generated within the State arid to minimize the transfer of 
toxic pollutants from oneenvironment~t1 medium to another. The State encourages an 
integrated approach to toxics use redu~tion, toxics release reduction and hazardous waste 
reduction based on the hierarchies of pollution prevention management strategies 
included in this seCtion. It is further the policy of the State that the process of reducing 
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the use and release of toxic substances and reducing the generation of hazardous waste 
through planning and analysis of manufacturing and commercial processes is ongoing 
and that the principles of continuous improvement in pollution prevention and open, 
public accountability must be applied to environmental quality management efforts in 
both public and private facilities. It is further the policy of the State that cross-media 
pollution prevention programs should incorporate the State's greenhouse gas emissions' 
reduction goals set forth in section 576. 
Sec. 6. 38 MRSA §2302, sub-§S is enacted to read: 
5. 
Greenhouse gas emISSIOns reduction. 
The State encourages reducing the 
generation of greenhouse gas emissions by businesses in this State through the 
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application of the following: 
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A. Provision of an energy audit; 
B. Implementation of energy conservation and efficiency measures; 
C. Reduction, reuse and recycling of waste; and 
D. 
Production or purchase of electricity from sources that do not produce any 
greenhouse gases or that produce lower than the regional average levels of 
greenhouse gases of other sources of electricity for purchase. 
Sec.}. 38 MRSA §2303, as amended by PL 1999, c. 348, §5, is repealed. 
Sec. 8. 38 MRSA §2303-A is enacted to read: 
§2303-A. Zero discharge of harmful and toxic materials; greenhous'e gas emissions, 
reductions 
It is the State's goal to attain zero discharge of haImful and toxic materials to the 
environment through the methods identified in section 2302 over the long term. By July 
I, 20 10 the Pollution Prevention AdvisOIY Committee, established by Title 5, section 
12004-I, subsection 22-B, shall establish a schedule and process 'for continual progress 
toward achievement of a zero discharge goal by businesses in this' State by 2050. It is 
further the State's goal to reduce greenhouse gases emitted from businesses in this State 
by 10% below 1990 levels by 2020 and by at least 50% below 2003 levels by 2050, 
consistent with section 576. 
1. 
Progress evaluation; report. 
Progress toward meeting the zero discharge 
statewide toxics use, toxics release and hazardous waste reductiOIl goal must be evaluated 
biennially by the commissioner based on manifest data, progress reports submitted under 
section 2305-A, biennial hazardous waste' generator reports and other appropriate 
available information. 
To determine achievement of the statewide zero discharge 
reduction goal, the commissioner may adjust the baseline figure to account for changes in 
the statutory or regulatory definitions of toxic substances and hazardous wastes. 
The commissioner shall report biennially on the progress toward meeting the statewide 
zero discharge goal established in this section and the adequacy of the goals set by 
facilities. The commissioner shall submit the report to the joii1t standing committee of 
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the Legislature having jurisdiction over natural resources matters by January 15th of each 
odd-numbered year. 
2. New facilities. Facilities constructed after the effective date of this chapter should 
be designed to minimize toxics use and release, hazardous waste generation and energy 
usage and greenhouse gas emissions in accordance with the State's goals and policies as 
set forth in this section and section 2302. New facilities shall use the first full year of 
production as the base year from which to measure toxies use and release and hazardous 
waste generation reductions. New facilities that are described in section 2304-A are 
subject to the requirements of this chapter. 
3. New production unit. A facility subject to the requirements of this chapter that 
adds a new production unit after the year 2000 shall use the first full year of production 
data for that production unit as its base year for that production unit. 
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4. 
Petition. 
A toxics releaser may petition the commissioner to eliminate a 
substance from the total volume of toxics release subject to the reductions under this 
section when the toxics releaser demonstrates that release of-ihe substance does not pose 
an unreasonable threat to occupational health, public health or the environment. 
Sec. 9. 38 MRS A §2304-A, sub-§l, as amended by PL 2001, c. 212, §7, IS 
further amended to read: 
1. Plans and reports required. Owners or operators of the following facilities shall 
prepare pollution prevention plans and biennial progress reports consistent with the 
requirements of this chapter, unless exempted under subsection 2: 
. 
A. 
Facilities subject to reporting requirements for extremely hazardous substances 
under the SARA, Title III, Section 312; 
B. 
Facilities required to report under the SARA, Title.III, Section 313; iifH'i 
C. 
Facilities that ship more than 2,640 pounds of hazardous waste in a calendar 
year;,~ 
D. 
Facilities that the commissioner determines, based upon review by and 
recommendation of the Pollution Prevention Advisory Committee, as established in 
Title 5, section 12004:..1, subsection 22-B, pose a threat to the public health and safety 
and employees and a risk to the environment. This determination must follow public 
notice and rulemaking. 
Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A; and 
E. Facilities that use, release or generate a chemical or class of chemicals that has 
been determined by the commissioner, based upon review by and recommendation of 
the Pollution Prevention AdvisOlY Committee, as established in Title 5, section 
12004-1, subsection 22-B, to pose a threat to the public health and safety and 
employees and a risk to the environment. This determination must follow public 
notice and rulemaking. 
Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
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Sec. 10. 38 MRSA §2305, as amended by PL 1999, c. 348, §8, is fmiher amended 
to read: 
§2305. Pollution prevention plans 
Owners or operators of facilities subject to the requirements of this chapter shall 
develop by January 1, 2000 and update at least every 2 years thereafter pollution 
prevention plans for their own use and the department's review. 
These owners or 
operators shall post or provide a link to these plans on the facility's own publicly 
accessible website when possible. If the facility does not have a website it shall submit a 
written copy of the plan to the depaJiment. The board may establish rules for toxics use, 
toxics release and hazardous waste reduction plans to be prepared pursuant to this section. 
A plan mllst include: 
1. Management policy. A statement of facility-wide management policy regarding 
toxics use, toxics release and hazardous waste reduction; 
2. Production unit analysis. The following information for each production unit: 
A. 
,Identification, characterization and accounting of the types and amounts of all 
toxics used, toxics released and hazardous wastes generated at the facility; 
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B. 
Identification, analysis and evaluation of any appropriate technologies, 
procedures, processes, equipment or production changes that may be utilized by the 
facility to reduce the amount or toxicity of toxics used, toxics released or hazardous 
wastes generated by that facility, including a financial analysis of the costs and 
benefits of reducing the amount of toxics used, toxics released and hazardous waste 
generated. 
This portion of the plan must employ the hierarchy of reduction 
techniques established under section 2302; 
C. 
A strategy and schedule for implementing practicable reduction options 
techniques the facility intends to undertake for each production process utilized to 
meet reduction goals; 
D. 
Identification of any reasonably available markets or recycling opportunities for 
'hazardous waste generated by the facility; and 
E. 
A program for maintaining records on toxics use, toxics release and hazardous 
waste generation rates and management costs; 
2-A. Facility goals. The facility's 2-year numeric goals for reducing the aggregate 
amount of extremely hazardous substances used, the aggregate amount of toxic 
substances released and the aggregate amount of hazardous waste generated at the facility 
by 2002, 2004 and 2006 and actions taken or measures adopted to achieve the State's 
zero discharge and greenhouse gas emissions reduction goals. The goals must be 
established per unit of product to account for chcmges in the level of production activity 
from year to year The plan must include an explanation describing why the facility's prior 
goals were exceeded, achieved or not achieved; 
3. Internal plan approval. The signature of a senior official with management 
responsibility for the person or persons completing the plan; and 
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4. Employee involvement, awareness and training. An employee awareness and 
training program consistent with the requirements of section 2306 to involve employees 
in toxics use, toxics reduction release and hazardous waste reduction planning and 
implementation" to the maximum amount feasible and a description of employee 
notification and involvement in the planning process. 
The plan may include a description. of any pollution prevention strategies 
imnlemented at the facilitvafter 1991 and before 1998. 
Owners or operators of facilities shall keep a complete copy of the plan and any 
backup data on the premises of that facility for at least 5 years and make the copy and 
data available to the commissioner or the commissioner's designee upon request. 
Sec. 11. 38 MRS A §Z30S-A, as enacted by PL 1999, c. 348, §9, is amended' to 
read: 
§2305-A.Progress reports 
Beginning in ~ 
2010, the owner or operator" of a facility subject to the 
requirements of this chapter shall submit a biennial pollution prevention progress report 
to the department by fflly August 1 st of every even-numbered year. The progress report 
may must be submitted to the department in an electronic format if the facility has the 
capability to do so. By June 1, 2012 the department shall establish an Internet-based 
-reporting system. All faciHtres·witlnhe··capabtli'tyttnto so-nIUstfite-tireir progress reports 
using this system. A progress report must include the following: 
1. Facility goals. Each of the, facility's 2-year numeric goals established in the plan~ 
If any of the goals has been revised since the previous progress repOIi was submitted, the 
renort must include an mmlanation of the revision; 
2. Toxics" use and release and wastes generated. A quantitative statement of the 
facility's progress to' .... ard achieving each of its 2 year goals and an identification, in 
absolute amounts and per unit of product, of the reduction or increase in the amount of 
each extrenlely hazardous substance used, tmdcs released and hazardous Viaste generated 
in comparison to the previous 2 years toxics use and release and haz"ardous waste 
generated during the prior calendar year. 
The department shall calculate facility 
reductions in absolute amounts using 2000 as a base year; and 
3. 
Method. 
A description of the techniques used to achieve each reductiori 
identified pursuant to subsection 2; 
4. "Explanation. An explanation of why the facility's progress is greater than or less 
than that anticipated in the pollution prevention plan schedule for implementation: 
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&-Employee involvement. A description of employee notification and involvement 
in the olannin!! orocess: 
6. FutuJ'e pollution preYention methods. A description, for each production unit, 
of the pollution prevention techniques that the oV'mer or operator of the facility intends to 
undertake durin!! the ne)(t 2 vears to reduce the use ofmctremelv hazardous substances. to 
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.. reduce the release of toxic substances and to reduce the generation of hazardous waste 
and a schedule for the imnlementation of the techniaues: and 
7. Certification. A ", .. ritten certification An affinnation electronically signed by a 
senior official with management responsibility for the person or persons completing the 
progress report that the owner' or operator of the facility has prepared a pollution 
prevention plan and that the plan is available on site for the department's inspection. 
A progress report may exclude any information entitled to protection as confidential 
information or a trade secret pursuant to section 131 O-B or Title 37-B, section 800 ... 
Sec. 12.' 38MRSA §2308, sub-§I, as amended by PL 1991, c. 520, § 17, IS 
fUI1her amended to read: 
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1. Prohibition. A facility subject to regulation under this chapter is prohibited from 
using any change in a Rrocess or material that results in increased toxics release to meet 
the hazardous waste reduction goals as set forth in section ~ 
2303-A . 
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Sec. 13. 38 f\1RSA §2309, sub-§7, as enacted by PL 1999, c. 348, § 14, IS 
repealed. 
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Sec. 14. 38 MRSA §2309, sub-§8, .as enacted by PL 1999, c. 348, § 14, IS 
repealed. 
Sec. 15. 38 MRSA §2309, sub-§9, as enacted by PL 1999, c. 348, § i4, IS 
repealed. 
Sec. 16. 38 MRSA §2309, sub-§lO, as enacted by PL 1999, c. 348, §14, IS 
amended to read: 
10. Performance recognition program. The commissioner shall establish, based 
on the recommendations of the Pollution Prevention Advisory Committee, as established 
in Title 5, section 12004-1, subsection 22-B, a biennial recognition program for facilities 
achieving a minimum reduction of 40%, 50% and 60% in toxics use, toxies release or 
hazardous waste generation by 2002, 2004 and 2006, respectively that achieve significant 
progress toward meeting the State's zero discharge reduction goal. 
SUMMARY 
This bill amends the toxic use and hazardous waste reduction laws administered by 
the Department of Environmental Protection by: 
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I. 
Modernizing the statewide toxics use, toxics release and hazardous waste 
reduction goals by establishing a goal of zero discharge by 2050 and charging the 
Pollution Preventioll Advisory Committee with establishing a schedule and process for 
continual progress toward this goal; 
2. 
Setting forth a procedure to add new facilities or new chemicals or classes of 
chemicals to the provisions of the law; 
3. Including the State's greenhouse gas reduction goals and encouraging facilities to 
meet those goals through energy efficiency and other measures; 
4. 
Requiring the department to establish an Internet-based reporting system for 
facility progress reports that will allow department resources to be devoted to outreach 
and technical assistance; and 
5. Eliminating the requirement that facilities use im activity production index when 
filing the pollution prevention plan. 
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