An Act To Clarify Maine's Phaseout of the "Dec a" Mixture ofPolybrominated Diphenyl Ethers
Maine Legislature, Session 125, LD 0930
Committee Amendment CA_A_H152 (House)
Amends: 38 MRSA §1609

COMMITTEE AMENDMENT "p, " to H.P. 690, L.D. 930, Bill, "An Act To 
Clarify Maine's Phaseout of the "Dec a" Mixture ofPolybrominated Diphenyl Ethers" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, under current law a person may not replace the "deca" mixture of 
polybrominated diphenyl ethers with a chemical that is a brominated or chlorinated flame 
retardant; and 
Whereas, a manufacturer that wants to replace the "deca" mixture of 
polybrominated diphenyl ethers with a brominated or chlorinated flame retardant that 
may be a safer alternative than the "deca" mixture will not be able to move forward with 
that replacement until this legislation takes effect; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1609, sub-§14, ~B, as enacted by PL 2009, c. 610, §7, is 
amended to read: 
B. Effective June 1, 2011, a person subject to the restrictions under this section may 
not replace the "deca" mixture of polybrominated diphenyl ethers with a chemical 
alternative that the commissioner, in consultation with the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, determines: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 690, L.D. 930 
(1) Has been identified as or meets the criteria for identification as a persistent, 
bioaccumulative and toxic chemical by the United States Environmental 
Protection Agency; 
(2) 
Is a brominated or chlorinated flame retardant, unless the person 
demonstrates to the satisfaction of the commissioner that the flame retardant is a 
safer alternative; or 
(3) Creates another chemical as a breakdown product through degradation or 
metabolism that meets the provisions of subparagraph (1). 
A replacement to the "deca" mixture of polybrominated diphenyl ethers may contain 
an amount of the chemicals listed or described in subparagraphs (1), (2) and (3) equal 
to or less than 0.1 %, except that a replacement may contain an amount of a 
halogenated organic chemical containing the element fluorine equal to or less than 
0.2%. 
Upon request by the commissioner, a person subject to the restrictions under this 
subsection shall provide the commissioner with all existing information about the 
hazard and exposure characteristics of the replacement chemical that is known to, in 
the possession or control of or reasonably ascertainable by the person. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. The amendment allows for the replacement of the 
"deca" mixture ofpolybrominated diphenyl ethers with a chemical that is a brominated or 
chlorinated flame retardant if it is demonstrated to the satisfaction of the Commissioner 
of Environmental Protection that the replacement flame retardant is a safer alternative. 
The bill allowed the replacement of the "deca" mixture with a brominated or chlorinated 
flame retardant without the need for the commissioner to determine that the replacement 
flame retardant is a safer alternative. 
FISCAL :\'OTE REQlJIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/24111 
frac.. 
LD 930 
LR 1764(02) 
An Act To Clarify Maine's Phaseout of the "Deca" Mixture of Polybrominated Diphenyl Ethers 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "~" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Requiring the.Commissioner of the Department of Environmental Protection (DEP) to determine whether a 
replacement flame retardant is a safer alternative to the "deca" mixture of polybrominated diphenyl ethers may result 
in minor costs to the DEP that can be absorbed within existing budgeted resources. 
LR1764(02) - Fiscal Note - Page 1 of 1