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

Toxics Program - Advisory Opinion #9:
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.2(J), Regulated Community, Exemptions.

Question: If a company was exempt from reporting under the "old TUR Law" are they exempt from reporting under the current "amended Toxics Law"?

Response: Not necessarily. Any chemical specific exemptions issued by the Department under the "old TUR Law" are no longer relevant, because the chemical specific exemption portion of the law, "Facility's wastes and emissions", were eliminated when the Law was revised in 1999.

Section 2304-A(2) of the Toxics Law defines 14 categories that are exempt from the Law's planning, reporting and fee requirements. No other exemptions exist under the current "amended Toxics Law". If a facility does not fall into any of the 14 "exemption" categories, and meets the "Regulated Community" criteria detailed in Section 2304-A(1)(A)(B)(C) (see below), it must perform planning as required in Section 2305, report toxics use, toxics release and hazardous waste shipped under Section 2305-A, and pay fees established in Section 2311-A.

§2304-A. Regulated community

  1. Plans and reports required. Owners or operators of the following facilities shall prepare pollution prevention plans and biennial progress reports consistent with the requirements of this chapter, unless exempted under subsection 2:
    1. Facilities subject to reporting requirements for extremely hazardous substances under the SARA, Title III, Section 312;
    2. Facilities required to report under the SARA, Title III, Section 313; and
    3. Facilities that ship more than 2,640 pounds of hazardous waste in a calendar month for more than 3 months of the year.