Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 82 - PRIORITY TOXIC CHEMICAL REPORTING AND POLLUTION PREVENTION PLANNING › Section 096-82-2 - Reporting Requirements

Current through 2024-29, July 17, 2024
A commercial and industrial facility that, during any
				  calendar year, uses a priority toxic chemical listed in Maine's
Designation of Priority Toxic Chemicals
rule, 06-096 CMR 81,
				  must report that usage in accordance with this section.
A.
Reporting threshold.
The
				report must be filed if the facility uses more than 1,000 pounds of the
				chemical during any calendar year, unless 06-096 CMR 81 establishes a different
				reporting threshold.
B.
Calculation of threshold.
In calculating the reporting threshold, 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
				listed as a carcinogen in 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%. If a chemical results
				from activities or processes which result in the handling or disposal of a
				priority toxic chemical (E.g. laundering of materials containing such
				chemicals) Air emissions subject to Section 112(d) or (k) of the Clean Air Act
				or Sections 301, 307 or 311 of the Clean Water Act, regardless of
				concentrations of priority toxic chemicals are not included in calculations to
				determine if the reporting and pollution prevention threshold has been met.
				Naturally occurring priority toxic chemicals below the percentages listed in
				this section in raw materials (e.g., biomass, wood, etc.), fuels (e.g., natural
				gas, etc) and intermediary materials (e.g., wood pulp, etc.), and emissions
				from combustion of such raw materials, fuels and intermediary materials are not
				included in calculations to determine if the reporting and pollution prevention
				planning threshold has been met.
(1) The
				identity of a priority toxic chemical in a mixture or trade name product 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."
(2) 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 scientifically based
				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.