D. One of the following applies:

(1) A technically feasible alternative to the use of a brominated flame retardant, including product redesign and substitute flame retardants, is not available at comparable cost; or

(2)__The risks to public health and the environment directly posed by a technically feasible available alternative are greater than the same risks posed by the brominated flame retardant.

Prior to approving an exemption, the commissioner may consult with neighboring states to promote consistency in the regulation of brominated flame retardants.__The commissioner may request an individual receiving an exemption to maintain records and provide reasonable reports to the department that provide details about the use of a brominated flame retardant.__An exemption may be granted for a term not to exceed 3 years and may be renewed upon written application if the commissioner finds that the specific use of the brominated flame retardant continues to meet the criteria of this subsection and the manufacturer or other persons comply with the conditions of its original approval. The board shall adopt rules for processing exemption applications that provide for public participation.__Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

§1695.__Implementation fees

The board shall adopt rules no later than January 1, 2005 that establish fees for the sale of products containing brominated flame retardants sufficient to cover all costs to the department associated with implementation of this chapter.__The fees established in this section become effective no later than July 1, 2005.__Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 2. Report on brominated flame retardants. The Department of Environmental Protection shall submit a report no later than January 1, 2006 to the joint standing committee of the Legislature having jurisdiction over natural resources matters after consultation with a diverse group of interested parties. The report must include: