Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 82 - PRIORITY TOXIC CHEMICAL REPORTING AND POLLUTION PREVENTION PLANNING
Section 096-82-3 - Pollution prevention plans and reduction goals

Universal Citation: 06 ME Code Rules ยง 096-82-3

Current through 2024-38, September 18, 2024

Within 18 months after the department identifies a priority toxic chemical under chapter 81, an owner or operator of a commercial or industrial facility that uses the chemical in an amount exceeding the reporting threshold shall develop a pollution prevention plan. The plan must be finalized, approved and signed by a senior official with management responsibility for the facility.

A. Plan requirements. A pollution prevention plan must include, at a minimum, the following:

(1) A statement of facility-wide management policy regarding toxics use reduction;

(2) Identification, characterization and accounting of the types and amounts of all priority toxic chemicals used at the facility;

(3) Identification, analysis and evaluation of any appropriate technologies, procedures, processes, chemical alternatives, equipment or production changes that may be used by the facility to reduce the amount or toxicity of priority toxic chemicals used including a financial analysis of the costs and benefits of reducing the amount of priority toxic chemicals used;

(4) A strategy and schedule for implementing practicable reduction options for each priority toxic chemical;

(5) A program for maintaining records on priority toxic chemical use and management costs, such as the costs of personal protection equipment, liability insurance, training, chemical storage and disposal;

(6) The facility's goal for reducing use of priority toxic chemicals and products and materials containing such chemicals;

(7) An employee awareness and training program that informs employees of the use of priority toxic chemicals by the facility and involves employees in achieving the established reduction goal under this subsection; and

(8) An assessment of alternatives explored to reduce use of priority toxic chemicals that is prepared according to standard methods or guidelines for conducting alternatives assessments made available by the department.

B. Facilities with an environmental management system. A facility that has an environmental management system that is audited by a 3rd party or reviewed by the department and that includes a plan to reduce use of priority toxic chemicals and of products and materials containing priority toxic chemicals meets the planning requirements of this section.

C. Plan retention and revision. The owner or operator of a facility shall keep a complete copy of the pollution prevention plan or environmental management system and any backup data on the premises of that facility and make the copy and data available to employees of the department for inspection during business hours upon request. The department may require the owner or operator of a facility to make any modifications to a plan or environmental management system to maintain consistency with the policy of this chapter. The plan must be reviewed and updated every two years.

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