October 12, 2016

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 889, Designation of Two Flame Retardants as Priority Chemicals
PROPOSED RULE NUMBER: 2016-P160
BRIEF SUMMARY: This draft rule seeks to designate two flame retardants on the chemicals of high concern list as priority chemicals. The proposal applies to manufacturers of specified product categories that contain intentionally added amounts of decabromodiphenol ether (deca BDE) or hexabromocylododecane (HBCD), which are used in the non-polymeric, additive form as flame retardants.
As provided by Maine law at 38 MRS §1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rulemaking. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”). Once classified as a priority chemical, the Department has the authority to require manufactures of specified product categories to report their use of a priority chemical above de minimis levels.
A copy of the draft rule is available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: November 1, 2016 at 1:00 p.m. in the DEP Response Training Room at 4 Blossom Lane, Augusta, Maine 04330.
COMMENT DEADLINE: The public comment period will close at 5:00 p.m. on November 14, 2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-2814. E-mail: Kerri.Malinowski@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None that replicated or interfere with the proposed rule.
AGENCY WEBSITE: www.maine.gov/dep/rules/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .