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Maine Department of Environmental Protection

DEP > Innovation > Toxic and Hazardous Waste Reduction > Advisory Opinions

Toxics Program - Advisory Opinion #3:
Revised 4/24/03

Toxics Use and Hazardous Waste Reduction Law (Toxics Law), as amended by PL 1999, Chapter 348, "An Act to Encourage Continuous Improvement in Pollution Prevention in Maine".

Section 2304-A., Regulated Community.

Question: If a company no longer reports under Federal "Form R" or "Form A", or is out of business, do they need to continue to report under the Toxics Law?

Response: Section 2304-A of Toxics Law states, "Plans and reports required. Facilities required to report under the SARA, Title III, Section 313".

A company is required to report under Federal Law, SARA, Title III, Section 313, if:

• They have 10 or more full time employees;
• Fall in SIC Codes 20-39, and;
• Manufacture, process, or otherwise use a toxic chemical in excess of threshold quantities. Threshold quantities of toxic chemicals "manufactured" or " processed" are 25,000 pounds per year. Threshold quantities for toxic chemicals "otherwise used" are 10,000 pounds per year.

Under SARA, Title III, Section 313, companies report their releases using Federal Form R. However, if a company's actual releases were less than 500 pounds, they can use an abbreviated Federal Form A for reporting. Both Form R and Form A filers are subject to the State of Maine Toxics Law.

• If a company no longer meets the reporting criteria defined under SARA, Title III, Section 313, they are not required to report their toxic releases under the State of Maine's Toxics Law.
• If a company were to exceed SARA, Title III, Section 313 reporting thresholds at a later date, they would once again be subject to the State of Maine's Toxics Law.

It is the Department's interpretation that if a facility is no longer in business, or is not using or releasing toxics, or shipping in excess of 2,640 pounds of hazardous waste in a calendar year, they no longer need to report under the State of Maine's Toxics Law reporting requirements, Section 2304-A(1).

For the purposes of recording and reporting data to the public, for companies that are no longer required to report under the Toxics Law, the Department will:

• Remove the facilities name and reduction data from the public display data sheets used to calculate statewide reduction numbers;
• Remove the company data from the original baseline data used to calculate statewide reduction numbers;
• List the company as "out of business", or no longer required to report because they have fallen below reporting thresholds.
• Maintain the facility files in an inactive status