Section 096-82-2 - Reporting RequirementsA 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.C.Due date. Reports required under this section must be filed annually by July 1st beginning in 2013 except that the department may not require a report to be filed less than 18 months after adoption of a rule naming identifying a priority toxic chemical. The report must be filed using the form prepared by the department for this purpose and must include information for the prior calendar year.D.Confidentiality. Information submitted to the department pursuant to this section may be designated as confidential by the submitting party in accordance with the provisions of 38 M.R.S. §1310-B. The designation must be clearly indicated on each page or other portion of information that the party wishes to be kept confidential. If information is so designated, the provisions of section 1310-B apply. Section 1310-B provides, in pertinent part: The commissioner shall establish procedures to ensure that information [designated as confidential] 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 submitter. Within 15 days after receipt of the notice, the submitter shall 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 submitter 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 submitter 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.
06- 096 C.M.R. ch. 82, § 2