7. Petition. A toxics releaser may petition the commissioner to eliminate a substance from the total volume of toxics release subject to the reductions required under subsection 2 when the toxics releaser demonstrates that release of the substance does not pose an unreasonable threat to occupational health, public health or the environment.

Sec. 6. 38 MRSA §2304, as amended by PL 1995, c. 493, §§16 to 18, is repealed.

Sec. 7. 38 MRSA §2304-A is enacted to read:

§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:

A.__Facilities subject to reporting requirements for extremely hazardous substances under the SARA, Title III, Section 312;

B.__Facilities required to report under the SARA, Title III, Section 313; and

C.__Facilities that generate 100 kilograms, or 220 pounds, or more of hazardous waste in a calendar month for more than 3 months of the year.

2.__Exemptions.__The following are exempt from the planning, reporting and fee requirements of this chapter:

A.__Drinking water supply treatment facilities;

B.__Municipal wastewater treatment facilities;

C.__Wholesale distributors of chemicals;

D.__Hazardous substance transporters;