An Act To Ensure That Collection Facilities Can Participate in the Architectural Paint Stewardship Program
Maine Legislature, Session 127, LD 1044
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, BLACK, BUCKLAND, DUCHESNE, MARTIN
Amends: 38 MRSA §1319-P, 38 MRSA §2144

Legislative Document 
No. 1044 
S.P. 370 
In Senate, March 24, 2015 
An Act To Ensure That Collection Facilities Can Participate in the 
Architectural Paint Stewardship Program 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representatives: BLACK of Wilton, BUCKLAND of Farmington, 
DUCHESNE of Hudson, MARTIN of Eagle Lake. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1319-P, as reallocated by PL 1987, c. 517, §23, is amended to 
read: 
§1319-P.  Municipal hazardous waste control 
Nothing in this chapter shall may be construed as a preemption of the field of 
hazardous waste regulation and study on the part of the State. Municipalities may study 
hazardous waste and adopt and enforce hazardous waste control and abatement 
ordinances, to the extent that these ordinances are not less stringent than this chapter or 
than any standard under, or other action promulgated pursuant to, this chapter. Local 
ordinance provisions which that touch on matters not dealt with by the this chapter or 
which that are more stringent than this chapter shall bind persons residing in the 
municipality, except that, notwithstanding any provision in this chapter to the contrary, a 
municipality may not impose conditions or restrictions on the operation of collection sites 
that are more stringent than conditions or restrictions in section 2144. 
Sec. 2.  38 MRSA §2144, sub-§1, ¶A, as enacted by PL 2013, c. 395, §1, is 
amended to read: 
A.  "Architectural paint" or "paint" means interior and exterior architectural coatings 
sold in containers of 5 gallons or less and does not mean industrial, original 
equipment or specialty coatings, arts and crafts paints, adhesives and caulking 
compounds, epoxies, glues, automotive and marine paints, 2-component coatings, 
deck cleaners, industrial maintenance coatings, original equipment manufacturer 
paints and finishes, paint additives, colorants, tints, resins, roof patch and repair, tar 
and bitumen-based products, traffic and road marking paints, wood preservatives, 
ignitable paint thinners or solvents used for cleaning paint-related equipment or 
contaminated with architectural paint or paint thinners or solvents identified as 
hazardous waste in 40 Code of Federal Regulations, Section 261.31 that are used for 
cleaning paint-related equipment or contaminated with architectural paint. 
Sec. 3.  38 MRSA §2144, sub-§1, ¶¶A-1 and A-2 are enacted to read: 
A-1.  "Collection container" means a container that is designed to store more than one 
universal waste item that meets federal Department of Transportation specifications 
for collection of those items. 
A-2.  "Collection site" means a location that collects post-consumer paint directly 
from consumers for end-of-life management and may include, but is not limited to, 
retailers, hardware and home improvement stores, transfer stations and household 
hazardous waste programs.  A collection site may also accept other universal wastes 
according to rules established by the department. 
Sec. 4.  38 MRSA §2144, sub-§1, ¶B, as enacted by PL 2013, c. 395, §1, is 
amended to read: 
B.  "Consumer" means a purchaser or user of architectural paint.  "Consumer" 
includes a purchaser or user of architectural paint who also generates post-consumer 
paint. 
Sec. 5.  38 MRSA §2144, sub-§1, ¶F-1 is enacted to read: 
F-1.  "Paint containing hazardous waste" means paint containing a hazardous waste 
identified in rules adopted by the department pursuant to section 1319-O, including 
paint containing a material identified as a hazardous waste by characteristic and 
generated by a conditionally exempt small quantity generator pursuant to 40 Code of 
Federal Regulations, Section 261.5 that: 
(1)  Generates less than 220 pounds of post-consumer paint each month; 
(2)  Does not generate more than 2.2 pounds of acutely hazardous waste as 
defined in department rules each month; and 
(3)  Does not accumulate more than 2,200 pounds of post-consumer paint at one 
site at any one time. 
Sec. 6.  38 MRSA §2144, sub-§1, ¶K, as enacted by PL 2013, c. 395, §1, is 
amended to read: 
K.  "Post-consumer paint" means architectural paint not used and no longer wanted 
by a consumer.  "Post-consumer paint" includes paint containing hazardous waste. 
Sec. 7.  38 MRSA §2144, sub-§5-A is enacted to read: 
5-A.  Requirements for collection sites.  This subsection applies to collection sites. 
A.  Within 30 days of commencement of a paint stewardship program, a producer or 
representative organization shall notify the department of each site name and location 
added or deleted from the list of collection sites provided under subsection 2, 
paragraph D. 
B.  A collection site shall track all outgoing shipments of post-consumer paint on 
either a manifest or a bill of lading.  The collection site shall maintain these shipping 
documents for at least 3 years. 
C.  Prior to accepting post-consumer paint, a collection site shall ensure that a 
conditionally exempt small quantity generator certify in writing that the 
post-consumer paint was not generated in an amount that exceeds the requirements of 
subsection 1, paragraph F-1.  The collection site shall maintain these records for at 
least 3 years. 
D.  For each drop-off of post-consumer paint collected, a collection site shall 
maintain records, including the name and address of the consumer, the date of the 
drop-off and a description and quantity of the post-consumer paint.  The collection 
site shall keep the records for at least 3 years. 
E.  A collection site shall store post-consumer paint in collection containers in a 
secure area.  A collection container must be closed except when adding containers of 
architectural paint that have been collected from consumers.  A collection container 
must be labeled with the words "Waste Paint."  A collection site may not store more 
than 1,100 gallons of post-consumer paint at any one time.  A collection site may 
store collected post-consumer paint for up to one year. 
F.  A collection site shall ship collected paint to a consolidation facility for universal 
waste or a recycling facility for universal waste approved by the department in 
accordance with rules adopted by the department. 
G.  Notwithstanding any law or rule to the contrary, the department may not impose a 
requirement, including any requirement in an approved paint stewardship program 
plan, on a collection site regarding the collection, handling, record-keeping, storage 
and shipping of post-consumer paint that exceeds the requirements for collection sites 
in this section, except as may otherwise be required by federal law. 
Sec. 8.  38 MRSA §2144, sub-§11 is enacted to read: 
11.  Universal waste rules amendment.  The department shall amend the universal 
waste rules adopted pursuant to section 1319-O, subsection 1, paragraph F to include 
paint containing hazardous waste as universal waste. 
SUMMARY 
This bill amends the laws governing the stewardship program for architectural paint 
by amending definitions and enacting requirements for architectural paint collection sites.