2. Exemptions. The prohibitions in subsection 1 do not apply to:

A. Replacement or expansion of a facility registered and installed on or before September 30, 2001, provided the replacement or expansion occurs on the same property and the owner or operator continues to pay the annual registration fee as required under section 563. Failure to pay the annual fee disqualifies a facility from being considered exempt under this section;

B. Conversion of an aboveground oil storage facility registered permitted by the Department of Public Safety, Office of the State Fire Marshal and installed on or before September 30, 2001 to an underground oil storage facility, provided the conversion occurs on the same property;

C. A facility used solely for the storage of heating oil that is consumed on site;

D. Underground piping associated with an aboveground oil storage facility; or

E. A well located on the same property as a facility and serving only users on that property.

Notwithstanding paragraphs A and B, the prohibitions in subsection 1 apply if a facility has been out of service for more than 12 consecutive months unless, as provided in rules adopted under section 566-A, the commissioner has approved an application allowing the facility to remain temporarily out of service for a longer period.

Sec. 7. 38 MRSA §1310-B, sub-§2, as amended by PL 2003, c. 661, §1 and c. 689, Pt. B, §6, is further amended to read:

2. Hazardous waste information and information on mercury- added products and electronic devices. Information relating to hazardous waste submitted to the department under this subchapter, information relating to mercury-added products submitted to the department under chapter 16-B or information relating to electronic devices submitted to the department under section 1609 1610, subsection 6, paragraph A, subparagraph (4), division (i) and paragraph B may be designated by the person submitting it as being only for the confidential use of the department, its agents and employees, the Department of Agriculture, Food and Rural Resources and the Department of