reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Appendix 096-852-III - List of Halogenated Organic Compounds Regulated Under Section 13 of this Chapter

Current through 2024-29, July 17, 2024
In determining the concentration of HOCs in a hazardous
				  waste for purposes of the land disposal prohibition of Section
				  13 of this Chapter, the Department
				  has defined the HOCs (see Section
				  3(B) of this Chapter)
				  that must be included in the calculation as any compounds having a
				  carbon-halogen bond which are listed in this Appendix. Appendix III to Chapter
				  852 consists of the following compounds:
Volatiles
Semivolatiles
Bromodichloromethane
Bis(2-chloroethoxy)ethane
Bromomethane
Bis(2-chloroethyl)ether
Carbon Tetrachloride
Bis(2-chloroisopropyl)ether
Chlorobenzene
p-Chloroaniline
2-Chloro-1,3-butadiene
Chlorobenzilate
Chlorodibromomethane
p-Chloro-m-cresol
Chloroethane
2-Chloronaphthalene
2-Chloroethyl vinyl ether
2-Chlorophenol
Chloroform
3-Chloropropionitrile
Chloromethane
m-Dichlorobenzene
3-Chloropropene
o-Dichlorobenzene
1,2-Dibromo-3-chloropropane
p-Dichlorobenzene
1,2-Dibromomethane
3,3'-Dichlorobenzidine
Dibromomethane
2,4-Dichlorophenol
Trans-1,4-Dichloro-2-butene
2,6-Dichlorophenol
Dichlorodifluoromethane
Hexachlorobenzene
1,1-Dichloroethane
Hexachlorobutadiene
1,2-Dichloroethane
Hexachlorocyclopentadiene
1,1-Dichloroethylene
Hexachloroethane
Trans-1,2-Dichloroethene
Hexachloroprophene
1,2-Dichloropropane
Hexachloropropene
Trans-1,3-Dichloropropene
4,4'-Methylenebis(2-chloroaniline)
cis-1,3-Dichloropropene
Pentachlorobenzene
Iodomethane
Pentachloroethane
Methylene chloride
Pentachloronitrobenzene
1,1,1,2-Tetrachloroethane
Pentachlorophenol
1,1,2,2-Tetrachloroethane
Pronamide
Tetrachloroethene
1,2,4,5-Tetrachlorobenzene
Tribromomethane
2,3,4,6-Tetrachlorophenol
1,1,1-Trichloroethane
1,2,4-Trichlorobenzene
1,1,2-Trichloroethane
2,4,5-Trichlorophenol
Trichloroethene
2,4,6-Trichlorophenol
Trichloromonofluoromethane
Tris(2,3-dibromopropyl)phosphate
1,2,3-Trichloropropane
Vinyl chloride
Organochlorine Pesticides
Aldrin
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Chlordane
DDD
DDE
DDT
Dieldrin
Endosulfan I
Endosulfan II
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
Isodrin
Kepone
Methoxyclor
Toxaphene
Phenoxyacetic Acid Herbicides
2, 4-Dichlorophenoxyacetic acid
Silvex
2, 4, 5-T
PCBs
Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Aroclor 1248
Aroclor 1254
Aroclor 1260
Dioxins and Furans
Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Appendix 096-852-IV - Waste Excluded from Lab Packs Under the Alternative Treatment Standards of 40 C.F.R. Section 268.42(c) (Incorporated by Reference in Section 14A of this Chapter)

Current through 2024-29, July 17, 2024
Hazardous waste with the following waste codes must not be
				  placed in lab packs under the alternative lab pack treatment standards of
				  Section 14A of this Chapter: D009, F019, K003, K004, K005, K006, K062, K071,
				  K100, K106, P010, P011, P012, P076, P078, U134, U151.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Appendix 096-852-VI - Recommended Technologies to Achieve Deactivation of Characteristics in 40 C.F.R. Section 268.42 (Incorporated by Reference in Section 14A of this Chapter)

Current through 2024-29, July 17, 2024
Appendix VI to 40 C.F.R. Part 268 is hereby incorporated by
				  reference, provided that references to 40 C.F.R. Part 268 or sections thereof
				  shall mean this Chapter and references to 40 C.F.R. Part 261 shall mean Chapter
				  850.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Appendix 096-852-VII - LDR Effective Dates of Surface Disposal Prohibited Hazardous Wastes

Current through 2024-29, July 17, 2024
Appendix VII to 40 C.F.R. Part 268 is hereby incorporated by
				  reference.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Appendix 096-852-XI - Metal Bearing Wastes Prohibited from Dilution in a Combustion Unit According to 40 C.F.R. Section 268.3(c)

Current through 2024-29, July 17, 2024
Appendix XI to 40 C.F.R. Part 268 is hereby incorporated by
				  reference.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized by and adopted under 38 M.R.S.
				  sections 1301 through 1319- Y.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection (Department), consistent with legislative policy, to provide
				  effective controls for the management of hazardous waste. This Chapter provides
				  one such control by requiring that transporters of hazardous waste be licensed
				  and by requiring, through licensing, that transporters comply with standards
				  intended to protect the health, safety and welfare of the public and the
				  environment.
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019, as they appeared in volume 40 of the Code of
				  Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "EPA" shall mean "the Maine Department of Environmental Protection";
				  "Administrator", "Regional Administrator" and "Director" shall mean the Maine
				  Board of Environmental Protection, the Commissioner of the Department of
				  Environmental Protection or the Commissioner's designated representative, as
				  applicable, and the references to terms or phrases including "treat", "store",
				  or "dispose" shall mean "handle". In addition, where the terms of federal
				  regulations hereby incorporated by reference differ from or are inconsistent
				  with other terms of this Chapter or 06-096 C.M.R. chs. 850 - 860, the more
				  stringent of the requirements shall apply. Other changes to regulations
				  incorporated hereby are as expressly made in this Chapter.
NOTE: Other requirements for transporters appear in other
				  rules of the Board dealing with specific aspects of Hazardous Waste Management.
				  See, for example,
Hazardous Waste Manifest Requirements
,
				  06-096 C.M.R. ch. 857, the provisions of which are separately effective and
				  enforceable, independent of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Conveyance.
"Conveyance"
				means any aircraft, watercraft, vehicle, or other machine used for
				transportation on land, water or in the air. For the requirement that a license
				be obtained the term includes only the cargo-carrying portion of a conveyance.
				For all other requirements the term includes the entire conveyance.
B.
Department.
"Department"
				means the Department of Environmental Protection of the State of
				Maine.
C.
License
				Certificate.
"License Certificate" means the document issued by the
				Department authorizing the transportation of hazardous wastes by a specific
				business, operator, vehicle, or combination thereof. In the case of an operator
				or vehicle license certificate, the document may be certified by the
				appropriate seal as directed by the Commissioner of the Department.
D.
Site.
"Site" means the same
				or geographically contiguous property which may be divided by a public or
				private right-of-way, provided that the entrance and exit between the
				properties is at a crossroads intersection and access is by crossing as opposed
				to going along the right-of-way. Noncontiguous properties owned by the same
				person but connected by a right-of-way which that person controls and to which
				the public does not have access is also considered site property.
E.
Transport.
"Transport" means
				the movement of hazardous waste from the point of its generation to any
				intermediate points and finally to its point of ultimate disposition. Movement
				of hazardous waste on the site where it is generated or on the site of a
				licensed waste facility for hazardous waste is not "transport."
F.
Transporter.
"Transporter"
				means any person who transports hazardous waste in this state in any quantity.
				The term includes, without limitation, individuals who own, lease or otherwise
				control conveyances in which hazardous waste is transported, operators of such
				conveyances, and businesses regardless of size and form of business
				organization, which engage in transportation of hazardous waste.
"Business" includes persons who own, operate or otherwise
				  control the business.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-4 - Prohibitions

Current through 2024-29, July 17, 2024
A.
No person shall:
(1) Function as a transporter without a
				transporter license issued by the Department;
NOTE: For certain PCB wastes, a transporter may be exempt
				  from the requirement of being a licensed hazardous waste transporter. See
				  Section
				  10 for PCB wastes.
NOTE: For universal wastes, a transporter may be exempt from
				  the licensing requirements. See Section
				  11 of this Chapter for universal
				  waste transporter requirements.
(2) Function as a transporter without a
				transporter identification number;
(a) The
				identification number must be comprised of the identification number assigned
				to the transporter by the U.S. Environmental Protection Agency (EPA) or the
				Department, including any state-only identifying number or letter as may be
				assigned by the Department;
NOTE: A transporter may obtain an EPA identification number
				  by applying, using EPA Form 8700-12, to the:
Hazardous Waste Program
Maine DEP
17 State House Station
Augusta, ME 04333-0017
(3) Own, lease or otherwise control, or
				operate a conveyance in which hazardous waste is transported unless the
				conveyance is covered by a transporter license issued by the
				Department;
(4) Give custody or
				possession of a hazardous waste to a transporter unless the transporter holds a
				transporter license issued by the Department;
(5) Take or accept hazardous waste from a
				transporter unless the transporter holds a transporter license issued by the
				Department;
(6) Mix hazardous
				wastes of different DOT shipping descriptions by placing them into a single
				container except at the site of generation prior to transport or at a facility
				specifically licensed for that activity;
(7) Remove hazardous waste from the container
				in which it was placed once it has been manifested and moved from the site of
				generation until it is accepted at the destination facility unless specifically
				authorized to do so by the Commissioner.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-5 - Applications

Current through 2024-29, July 17, 2024
A. Application for a transporter license must
				be made on a form obtained from the Department.
B. An applicant shall include in the
				application the following information:
(1)
				Name, residence and, if applicable, business address and telephone number of
				the applicant; If the applicant is a business, the name(s), address(es) and
				telephone number(s) of the owner(s), operator(s) or person(s) otherwise in
				control of the business must also be given;
(2) For a business: the address and telephone
				number of each location of the business, including out-of-state locations and
				affiliates;
(3) Specification of
				hazardous wastes routinely or usually transported, including the source and
				destination of each such waste. Such specification must be updated by reports
				as required by this Chapter;
(4)
				Name, address and telephone number of persons to be contacted and who are
				authorized to act in an emergency;
(5) For each conveyance to be covered by a
				license: its identification, by year, make, serial number, registration number,
				other identifying number, letter or mark; identification of type of hazardous
				waste carried; capacity in appropriate units; and location(s) at which
				ordinarily kept;
(6) For each
				operator to be covered by a license: the operator name, and license numbers and
				state of issuance of all licenses held by the operator for operation of any
				type of conveyance;
(7)
				Certification by the applicant that the applicant is familiar with and will
				comply with the standard conditions set forth in Section
				8 of this Chapter and with such
				special conditions as may be attached to the license, and, by each operator to
				be covered by a license, the same certification;
(8) Signature of the applicant or, for a
				business, signature of the person authorized to sign;
(9) A certificate of liability insurance
				covering the licensed activity in an amount appropriate for the license
				activity and for the risk involved. However, the limit of liability must not be
				less than $500,000;
(10) The
				transporter identification number; and
(11) Such other information including safety
				histories and training programs as the Department may determine to be
				necessary.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-6 - Fees

Current through 2024-29, July 17, 2024
A. An application fee of $100.00 must
				accompany each application for an initial or renewal license. When an applicant
				is applying for a license covering more than one conveyance, operator, or
				business location, an additional fee of $50.00 for each additional conveyance,
				operator or location must accompany the application.
B. Application fees for additional
				conveyances, operators, or business locations may be reduced to $25.00 if the
				date of issuance of any license certificate is within six months of the
				expiration date of the license.
C.
				Application fees are non-refundable.
D. On a quarterly basis the licensee shall
				pay the transportation fee and submit reports to the Department as required by
				38 M.R.S. §1319- I. This license remains effective only if the report has
				been filed and the transportation fee has been paid. If no activity has
				occurred during the quarterly report period, the licensee shall so designate
				the lack of activity on the report form and forward it to the
				Department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-9 - Suspension or Revocation

Current through 2024-29, July 17, 2024
A. The Department
				may seek suspension or revocation of a license or license certificate for any
				violation of applicable law or rule or of any term or condition of the license
				itself.
B. Suspension or revocation
				may be sought as to any or all locations, conveyances or operators covered by
				the license.
C. Where a license
				covers more than one operator, conveyance, or location and if two or more
				license suspensions of operator(s), conveyance(s), or location(s) covered
				thereunder occur in any combination (e.g., operator and conveyance, conveyance
				and location, operator and location, etc.) within a calendar year, the
				Department will seek revocation of the entire license.
D. The Department will seek revocation of any
				license which is suspended within l8 months of its prior suspension or
				revocation.
E. A licensee whose
				license has been revoked may not reapply for a license until the condition(s)
				or violation(s) which led to the revocation have been eliminated.
F. Prior revocation of a license issued
				pursuant to this Chapter or of any other license, permit, certification or
				other approval for the handling of a hazardous waste issued by this or any
				other state or by a federal agency shall constitute prima facie evidence that
				issuance of a license under this Chapter would cause or contribute to a
				violation of law or rule [Refer to Section
				7(A) of this
				Chapter]. This evidence may be overcome by evidence of changed conditions or
				circumstances presented to the Department of Environmental Protection by the
				applicant, which evidence is sufficient, in the Department's judgment, to
				warrant a finding that, the previous revocation notwithstanding, the license
				should be granted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-10 - Persons not required to obtain a license

Current through 2024-29, July 17, 2024
A. A
				person may transport PCBs which are contained in a totally enclosed manner in
				PCB equipment without using a licensed hazardous waste transporter provided
				that the PCBs are not discarded or intended to be discarded. In addition, a
				person who discharges or suffers a discharge of PCBs or who generates PCB
				contaminated material as a result of routine servicing of off-site PCB
				containing equipment may transport that PCB waste to an instate facility with
				an approved PCB management plan or to a Maine hazardous waste facility licensed
				to handle PCBs without using a licensed hazardous waste transporter provided
				that the facility is under the control of the entity who has care or custody of
				or who owns the PCB waste.
B. A
				person may transport universal wastes via a common carrier without using a
				licensed hazardous waste transporter provided the transporter complies with the
				requirements of Section
				11.
NOTE: Transporters of universal waste shall also comply with
				  the handler requirements of 06-096 C.M.R. ch. 850, §
										3(A)(13)(c).
C. In exceptional circumstances, where
				required to protect human health, safety or the environment, the Commissioner
				may give permission to a transporter of hazardous waste to transport or deliver
				hazardous waste with a temporary emergency transporter license pursuant to
				Section
				7(G) of this Chapter
				or without issuance of a temporary emergency transporter license. In all such
				cases, the transporter who transports or delivers the waste shall file a
				written report with the Department giving such information as the Department
				may require, within seven (7) days of transporting or delivering hazardous
				waste.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is promulgated under 38 M.R.S. sections 1301
				  through 1319- Y, which prohibits the establishment, construction, alteration or
				  operation of a waste facility for hazardous waste without a license and
				  authorizes the Board of Environmental Protection (Board) to adopt rules
				  establishing standards for the licensing of these facilities.
NOTE: Purusant to 38 M.R.S. §341- A, Sections (2) and
				  (4), the term "Department" is defined to include the Board of Environmental
				  Protection and the Commissioner of the Department of Environmental Protection
				  (Commissioner). The term "Board" is used in this Chapter in reference to the
				  Board or a Board action, generally related to the Board's issuance of a full
				  hazardous waste facility license (rather than an abbreviated license which is
				  issued by the Commissioner under 06-096 C.M.R. ch. 856, §
									11(A) ). The term
				  "Department" is generally used in this Chapter in reference to the Commissioner
				  (or the Commissioner's designee) and to the administration, oversight or
				  monitoring of compliance with the standards of this Chapter and the terms and
				  conditions of licenses issued by the Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection (Department), consistent with legislative policy, to provide
				  necessary controls over hazardous waste facilities so as to ensure the
				  protection of public health, safety, welfare and the environment.
The Board will administer this Chapter in a conservative
				  fashion because it recognizes that many unknowns remain about the short-term
				  and long-term impacts of hazardous waste to public health and natural
				  ecosystems. The intent of this Chapter is to protect the public health, safety,
				  and general welfare and the environment; the burden of proof rests with each
				  applicant seeking a license for a waste facility for hazardous waste to
				  affirmatively demonstrate that the intent of this Chapter will be met at all
				  times.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-4 - References to Federal Regulations

Current through 2024-29, July 17, 2024
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019 as they appeared in volume 40 of the Code of Federal
				  Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "EPA" shall mean "the Maine Department of Environmental Protection";
				  "Administrator", "Regional Administrator" and "Director" shall mean the Maine
				  Board of Environmental Protection, the Commissioner of the Department of
				  Environmental Protection or the Commissioner's designated representative, as
				  applicable, and the references to terms or phrases including "treat", "store",
				  or "dispose" shall mean "handle". In addition, where the terms of federal
				  regulations hereby incorporated by reference differ from or are inconsistent
				  with other terms of this Chapter or 06-096 C.M.R. chs. 850 - 860, the more
				  stringent of the requirements shall apply. Other changes to regulations
				  incorporated hereby are as expressly made in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-5 - Environmental Performance Standards

Current through 2024-29, July 17, 2024
A. All hazardous
				waste facilities must be located, designed, constructed, altered, operated,
				maintained and closed in a manner that will assure protection of human health
				and welfare and the environment. Protection of human health and welfare and the
				environment includes, but is not limited to:
(1) Prevention of adverse effects on ground
				water quality considering:
(a) The volume and
				physical and chemical characteristics of the waste in the facility, including
				its potential for migration through soil or through synthetic liner
				materials;
(b) The hydrogeological
				characteristics of the facility and surrounding land;
(c) The quantity, quality and directions of
				ground water flow;
(d) The
				proximity and withdrawal rates of ground water users;
(e) The existing quality of ground water,
				including other sources of contamination and their cumulative impact on the
				ground water;
(f) The potential for
				health risks caused by human exposure to waste constituents;
(g) The potential damage to wildlife, crops,
				vegetation and physical structures caused by exposure to waste
				constituents;
(h) The persistence
				and permanence of the potential adverse effects; and
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-7 - Facility Location in Certain Areas

Current through 2024-29, July 17, 2024
A.
Prohibition.
No person shall establish, construct, alter, or
				operate a waste facility for hazardous waste, except as noted, where the
				facility is or would be located:
(1) On land
				defined as a wetland under statutes or regulations administered by the
				Department, Department of Agriculture, Conservation and Forestry, Department of
				Inland Fisheries & Wildlife, or Department of Marine Resources;
				or
(2) Within any 100-year flood
				plain so designated by the Federal Emergency Management Agency or within the
				level of any documented flood of a greater magnitude. This prohibition does not
				apply to a facility where hazardous waste is not handled in a landfill, land
				treatment unit, miscellaneous unit, surface impoundment or waste pile or to any
				interimly-licensed (under 06-096 C.M.R. ch. 855) storage or treatment facility
				in use on the effective date of this Chapter; or
(3) So that it overlies any portion of a
				surface or subsurface sand and gravel aquifer or a high yield bedrock aquifer.
				This prohibition applies to a facility where hazardous waste is handled in a
				surface impoundment, landfill, underground tank, or waste pile or a facility
				where hazardous waste is treated utilizing land treatment techniques; or
NOTE: Maps prepared by the Department of Agriculture,
				  Conservation and Forestry (Maine Geological Survey) may provide guidance as to
				  the location of sand and gravel and bedrock aquifers within the State of
				  Maine.
(4) Within the
				boundaries of a state or federal park or designated wilderness area. This
				prohibition does not apply to a storage facility (Section
				12 of this Chapter);
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-8 - Additional Standards Applicable to Hazardous Waste Landfills

Current through 2024-29, July 17, 2024
A.
Performance Standards
(1) Landfills are regarded by the Board as
				the least preferable method of hazardous waste handling. While it is expected
				that the expense of landfilling will discourage its use, the Board, prior to
				approval of any application for a hazardous waste landfill, will consider
				whether alternative preferred method(s) exist for handling a waste proposed to
				be landfilled.
(2) A hazardous
				waste landfill must be designed, constructed, and installed to prevent any
				migration of wastes out of the landfill to adjacent subsurface soil or ground
				water or surface water at any time during the life, including the post-closure
				period, of the landfill.
(3) A
				hazardous waste landfill must be established, constructed, altered and operated
				to meet the following performance standards:
(a) A landfilled hazardous waste or
				constituent or derivative thereof must not appear in ground or surface waters
				at a concentration above background level, or above current public health
				drinking water standards for Maine, including the "Maine CDC Maximum Exposure
				Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards for
				aquatic toxicity, whichever is most stringent. Background levels must be those
				established by the pre-construction analysis required by 06-096 C.M.R. ch. 856,
				§
											10(C)(10)(g) or of
				the upgradient monitoring well required by Section 8(D)(1) of this Chapter,
				whichever is lower.
NOTE: Drinking water and aquatic toxicity standards are
				  obtained from current manuals including but not limited to: State of Maine
				  Rules of the Department of Health and Human Services relating to Drinking
				  Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water,
				  December 31, 2016"; "Drinking Water and Health" published by the National
				  Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined
				  by the Environmental Protection Agency; "Ambient Water Quality Criteria"
				  manuals, published by the Environmental Protection Agency.
(b) A landfilled hazardous waste or
				constituent or derivative thereof, must not appear in the atmosphere in
				concentrations significantly above the background level or exceed current
				ambient air quality standards for Maine at any time. Background levels must be
				established by monitoring or demonstrated to have been previously established
				by monitoring.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-10 - Additional Standards Applicable to Hazardous Waste Land Treatment Facilities

Current through 2024-29, July 17, 2024
NOTE: The management of hazardous waste utilizing land
				  treatment is a technique in which many unknowns remain regarding its efficacy.
				  The Board, consequently, will consider approving applications for such
				  treatment only if there is compelling evidence provided by the applicant that
				  the waste in question can and will be rendered nonhazardous in natural soils
				  under the proposed conditions.
A.
Performance Standards
(1) The
				land treatment of hazardous waste must meet the following performance
				standards:
(a) A land treatment facility must
				be designed and operated to ensure that hazardous waste placed in or on the
				treatment zone will not migrate beyond the zone and will be degraded,
				transformed, or otherwise made nonhazardous within the treatment zone within
				six months from the date of waste placement.
(b) A land treated waste or constituent or
				derivative thereof must not appear in ground or surface waters at a
				concentration above background level, or above current public health drinking
				water standards for Maine, including the "Maine CDC Maximum Exposure Guidelines
				(MEGs) for Drinking Water, December 31, 2016", or standards for aquatic
				toxicity, whichever is most stringent. Background levels must be those
				established by analysis required by 06-096 C.M.R. ch. 856, §10(C)(10)(g)
				prior to treatment or construction related to the treatment unit or of the
				upgradient monitoring well required by Section
				8(D)(1) of this
				Chapter, whichever is lower.
NOTE: Drinking water and aquatic toxicity standards are
				  obtained from current manuals including but not limited to: State of Maine
				  Rules of the Department of Health and Human Services relating to Drinking
				  Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water,
				  December 31, 2016"; "Drinking Water and Health" published by the National
				  Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined
				  by the Environmental Protection Agency; "Ambient Water Quality Criteria"
				  manuals, published by the Environmental Protection Agency.
(c) A land treated waste or derivative or
				constituent thereof must not appear in the atmosphere in concentrations
				significantly above the background level or exceed current ambient air quality
				standards for Maine at any time. Background levels must be established by
				monitoring or demonstrated to have been previously established by
				monitoring.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-11 - Additional Standards Applicable to Hazardous Waste Piles

Current through 2024-29, July 17, 2024
A.
Performance Standards.
A
				waste pile must be established, constructed, altered and operated to meet the
				following performance standards:
(1) A waste
				pile must be designed and operated such that there is no migration of wastes
				out of the pile into adjacent subsurface soil or ground water or surface water
				at any time and that any particulate matter which may be subject to wind
				dispersal is controlled at all times.
(2) A hazardous waste or constituent or
				derivative thereof must not appear in ground or surface waters at a
				concentration above background level, or above current public health drinking
				water standards for Maine, including the "Maine CDC Maximum Exposure Guidelines
				(MEGs) for Drinking Water, December 31, 2016", or standards for aquatic
				toxicity, whichever is most stringent. Background levels must be those
				established by the pre-construction analysis required by 06-096 C.M.R. ch. 856,
				§
										10(C)(11)(g) or of
				the upgradient monitoring well required by Section
				8(D)(1) of this
				Chapter, whichever is lower.
NOTE: Drinking water and aquatic toxicity standards are
				  obtained from current manuals including but not limited to: State of Maine
				  Rules of the Department of Health and Human Services relating to Drinking
				  Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water,
				  December 31, 2016"; "Drinking Water and Health" published by the National
				  Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined
				  by the Environmental Protection Agency; "Ambient Water Quality Criteria"
				  manuals, published by the Environmental Protection Agency.
(3) A hazardous waste or constituent or
				derivative thereof must not appear in the atmosphere in concentrations
				significantly above the background level or exceed current ambient air quality
				standards for Maine at any time. Background levels must be established by
				monitoring or demonstrated to have been previously established by
				monitoring.
(4) No hazardous waste
				may be treated in a waste pile.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-12 - Additional Standards Applicable to Hazardous Waste Tank and Container Storage Facilities

Current through 2024-29, July 17, 2024
A.
Performance Standards
(1) A
				hazardous waste storage facility must be established, constructed, altered and
				operated to meet the following performance standards:
(a) A hazardous waste or derivative thereof
				must not escape from the facility to ground or surface waters or to adjacent
				subsurface soil at any time during the life of the facility.
(b) A hazardous waste or constituent or
				derivative thereof must not appear in the atmosphere in concentrations
				significantly above the background level or exceed current ambient air quality
				standards for Maine at any time. Background levels must be established by
				monitoring or demonstrated to have been previously established by
				monitoring.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-13 - Additional Standards Applicable to Hazardous Waste Incinerators

Current through 2024-29, July 17, 2024
A.
Applicability
(1) Principal hazardous constituents (PHCs)
				and hazardous combustion by-products must be treated to the extent required by
				the performance standards specified in Section 13(B) of this Chapter. For each
				waste feed to be burned, one or more PHCs and hazardous combustion by-products
				will be specified from among those constituents listed in Appendix VIII of
				06-096 C.M.R. ch. 850. This specification will be based on the degree of
				difficulty of incineration of the hazardous constituents of the waste feed and
				its combustion by-products, their concentration or mass, considering the
				results of waste analyses and trial burns or alternative data submitted with
				the facility's license application. Hazardous constituents or by-products which
				represent the greatest degree of difficulty of incineration will be those most
				likely to be designated as PHCs or hazardous combustion by-products.
				Constituents are more likely to be designated as PHCs or hazardous combustion
				by-products if they are present in large quantities or concentrations. Trial
				PHCs will be designated for performance of trial burns in accordance with the
				procedure specified in 06-096 C.M.R. ch. 856 and 40 C.F.R. §270.62 and for
				obtaining a trial burn permit. Trial hazardous combustion by-products will be
				designated under the same procedure.
(2) Integration of the MACT standards:
(a) The performance standards of Section
				13(B)(2) - (8) of this Chapter no longer apply when an owner or operator of a
				hazardous waste incinerator demonstrates compliance with the maximum achievable
				control technology (MACT) requirements of 40 C.F.R. Part 63, Subpart EEE.
				Compliance shall be demonstrated by conducting a comprehensive performance test
				and submitting a notification of compliance under 40 C.F.R.
				§§63.1207(j) and 63.1210(d). Permit conditions of an existing
				incinerator that were based on the standards of Section 13 of this Chapter will
				continue to be in effect until they are removed from the permit or the permit
				is terminated or revoked, unless the permit expressly provides otherwise.
(b) The MACT standards do not
				replace the closure requirements of Section 13(E) of this Chapter or the
				applicable general standards of Section
				6 of this Chapter.
(c) For incinerators that elect to comply
				with the alternative to the particulate matter standards under 40 C.F.R.
				§§63.1206(b)(14) and 63.1219(e), the particulate matter standard of
				Section 13(B)(5) of this Chapter remains in effect.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-14 - Additional Standards for Treatment in Tanks

Current through 2024-29, July 17, 2024
A.
Performance Standards
(1) Facilities for treatment of hazardous
				waste in tanks must be constructed, altered and operated to meet the following
				performance standards:
(a) A hazardous waste
				or constituent or derivative thereof must not escape from the treatment
				facility to ground or surface waters or to adjacent subsurface soil at any time
				during the life of the facility.
(b) A hazardous waste or constituent or
				derivative thereof must not appear in the atmosphere in concentrations
				significantly above the background level or exceed current ambient air quality
				standards for Maine at any time.
Background levels must be established by monitoring or
				  demonstrated to have been previously established by monitoring.
(c) The treatment of hazardous
				waste in an underground tank is prohibited.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-15 - Additional Standards Applicable to Drip Pads

Current through 2024-29, July 17, 2024
A.
Performance Standards
(1) A drip pad, as defined by 40 C.F.R.
				§260.10, must be designed, constructed, and installed to prevent any
				migration of wastes out of the drip pad to adjacent subsurface soil or ground
				water or surface water at any time during the life, including the post-closure
				period, of the drip pad.
(2) A drip
				pad must be established, constructed, altered and operated to meet the
				following performance standards:
(a) A
				hazardous waste or constituent or derivative thereof must not appear in ground
				or surface waters at a concentration above background level, or above current
				public health drinking water standards for Maine, including the "Maine CDC
				Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016", or
				standards for aquatic toxicity, whichever is most stringent. Background levels
				must be those established by the pre-construction analysis required by 06-096
				C.M.R. ch. 856, §
											10(C)(10)(g) or of
				the upgradient monitoring well required by Section
				8(D)(1) of this
				Chapter, whichever is lower; and
NOTE: Drinking water and aquatic toxicity standards are
				  obtained from current manuals including but not limited to: State of Maine
				  Rules of the Department of Health and Human Services relating to Drinking
				  Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water,
				  December 31, 2016"; "Drinking Water and Health" published by the National
				  Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined
				  by the Environmental Protection Agency; "Ambient Water Quality Criteria"
				  manuals, published by the Environmental Protection Agency.
(b) A hazardous waste or constituent or
				derivative thereof, must not appear in the atmosphere in concentrations
				significantly above the background level or exceed current ambient air quality
				standards for Maine at any time. Background levels must be established by
				monitoring or demonstrated to have been previously established by
				monitoring.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-16 - Additional Standards Applicable to Miscellaneous Units

Current through 2024-29, July 17, 2024
A.
Performance Standards
(1) A hazardous waste miscellaneous unit must
				be established, constructed, altered, and operated to meet the following
				performance standards:
(a) A hazardous waste
				or constituent or derivative thereof must not appear in ground or surface
				waters at a concentration above background level, or above current public
				health drinking water standards for Maine, including the "Maine CDC Maximum
				Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards
				for aquatic toxicity, whichever is most stringent.
NOTE: Drinking water and aquatic toxicity standards are
				  obtained from current manuals including but not limited to: State of Maine
				  Rules of the Department of Health and Human Services relating to Drinking
				  Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water,
				  December 31, 2016"; "Drinking Water and Health" published by the National
				  Research Council; "Suggested No Adverse Response Levels (SNARLs)" as determined
				  by the Environmental Protection Agency; and "Ambient Water Quality Criteria"
				  manuals published by the Environmental Protection Agency.
(b) A hazardous waste or constituent or
				derivative thereof must not appear in the atmosphere in concentrations
				significantly above the background level or exceed current ambient air quality
				standards for Maine at any time. Background levels must be established by
				monitoring or demonstrated to have been previously established by
				monitoring.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-17 - Additional Standards Applicable to Waste Facilities Located in a Flood Plain

Current through 2024-29, July 17, 2024
Any facility located or to be located within 300 feet of a
				  100-year flood plain may be constructed, operated or maintained only if the
				  applicant:
A. Demonstrates to the
				satisfaction of the Board by persuasive evidence that the rebuttable
				presumption against constructing, operating, or maintaining a facility in such
				an area has been overcome; and
B.
				Constructs, operates, and maintains such facility:
(1) To prevent wash-out of any hazardous
				waste by a 100-year flood; or
(2)
				Has procedures that will be in effect which will cause the waste to be removed
				to a location where the waste will not be vulnerable to flood waters and to a
				location which is authorized to manage hazardous waste safely before flood
				water can reach the facility; and
(3) Complies with all other applicable
				facility standards in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-18 - Additional Standards Applicable to Commercial Facilities

Current through 2024-29, July 17, 2024
For commercial facilities, the exposure information
				  requirements of 06-096 C.M.R. ch. 856, section
				  10(C)(13) 
				  apply
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-19 - Variance Requests

Current through 2024-29, July 17, 2024
Consistent with Federal requirements for authorization to
				  operate the State hazardous waste management program, the Board may, on its own
				  motion or on request, modify or waive one or more of the requirements of
				  Sections
				  8(B),
				  9(B),
				  11(B),
				  12(B), and
				  14(B) of this
				  Chapter relating to design of a specified type of facility except that no
				  performance standard may be made less stringent. Such modification or variance
				  must be justified on the basis that greater protection to health, safety,
				  welfare or the environment than that provided by the performance standards is
				  required and will thereby be provided or on the basis that no less protection
				  than that provided by the performance standards will thereby be provided in
				  that the design is an alternate but equivalent one.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-20 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this Chapter be declared invalid or
				  ineffective by court decision, the decision shall not invalidate any other
				  provision of this Chapter.