‘Sec. 1. 38 MRSA §1310-B, sub-§2, as amended by PL 2009, c. 397, §1, is further amended to read:
Sec. 2. 38 MRSA §1609, sub-§5-A is enacted to read:
Sec. 3. 38 MRSA §1609, sub-§5-B is enacted to read:
The commissioner may not grant an exemption pursuant to this subsection that extends beyond January 1, 2013.
Sec. 4. 38 MRSA §1609, sub-§7, as enacted by PL 2007, c. 296, §1, is amended to read:
Sec. 5. 38 MRSA §1609, sub-§11, as amended by PL 2009, c. 121, §18, is further amended to read:
Sec. 6. 38 MRSA §1609, sub-§13, as amended by PL 2007, c. 655, §18, is further amended to read:
The commissioner's rulemaking under this subsection must be made in accordance with Title 5, chapter 375, subchapter 2A. The department shall report any rulemaking undertaken pursuant to this subsection to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The joint standing committee of the Legislature having jurisdiction over natural resources matters may submit legislation relating to the department's report. For purposes of this subsection, "flame retardant" means any chemical that is added to a plastic, foam or textile to inhibit flame formation. Rules adopted pursuant to this subsection are routine technical rules.
Sec. 7. 38 MRSA §1609, sub-§14 is enacted to read:
(1) When compared to the chemical to be replaced would reduce the potential for harm to human health or the environment or has not been shown to pose the same or greater potential for harm to human health or the environment as the chemical to be replaced;
(2) Serves a functionally equivalent purpose that enables applicable fire safety standards, approvals and tests and relevant performance standards to be met;
(3) Is commercially available on a national basis; and
(4) Is not cost-prohibitive.
(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 halogenated organic chemical that contains the element bromine, chlorine or fluorine; 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 0.01%, 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.
Sec. 8. 38 MRSA §1609, sub-§15 is enacted to read:
Sec. 9. Alternatives assessment study. The Department of Environmental Protection may supervise an alternatives assessment study to determine the availability of safer alternatives to the use of the "deca" mixture of polybrominated diphenyl ethers in shipping pallets. The study may be voluntarily funded by a manufacturer or owner of pallets that is subject to the restrictions in the Maine Revised Statutes, Title 38, section 1609, subsection 5A that chooses to participate in the study. Any funding received must be deposited in a dedicated account managed by the department. The study must be coordinated with any research, development and demonstration work funded by a manufacturer or owner of shipping pallets subject to the restrictions in Title 38, section 1609, subsection 5A that supports the planned transition away from the "deca" mixture of polybrominated diphenyl ethers to safer alternatives as soon as practicable. The department may contract with a 3rd party for a study undertaken pursuant to this section, and the study must be prepared consistent with current methodologies for alternatives assessment. Upon the department's request, a manufacturer or owner of shipping pallets subject to the restrictions of Title 38, section 1609, subsection 5A shall submit to the commissioner all existing information regarding safer alternatives to the "deca" mixture in shipping pallets that is known to, in the possession or control of or reasonably ascertainable by the manufacturer or owner. Information submitted to the department pursuant to this section may be designated as confidential by the submitting party in accordance with Title 38, section 1609, subsection 15.
By January 1, 2011, the department shall determine whether there is a reasonable basis to conclude that a study undertaken pursuant to this section or other information available to the department demonstrates that a safer alternative to the use of the "deca" mixture in shipping pallets that meets the criteria in Title 38, section 1609, subsection 14 exists. In making the determination, the department shall consider any study supervised by the department pursuant to this section and may consider the effect of the safer alternative on the recyclability of the shipping pallets.
Sec. 10. Standards and approvals. For purposes of the Maine Revised Statutes, Title 38, section 1609, subsection 5B and an alternatives assessment study undertaken pursuant to section 9 of this Act, the Commissioner of Environmental Protection shall consider the applicable fire safety standards, approvals and tests and relevant performance standards that are consistent with specifications of the manufacturer and industry practices. If they are approved by the commissioner, the commissioner shall use the applicable fire safety standards, approvals and tests and relevant performance standards submitted by the manufacturer.’