Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-9 - Hazardous Waste Facility Requirements

Current through 2024-29, July 17, 2024
A. All
				facilities with an interim license shall comply with applicable requirements of
Land Disposal Restrictions
, 06-096 C.M.R. ch. 852 and the
				following requirements:
(1) Every facility
				owner or operator shall apply for and obtain an EPA identification number in
				accordance with the EPA notification procedures at 40 C.F.R.
				§265.11;
(2) 40 C.F.R.
				§265.12, Required Notices, except that the phrase "of this part and part
				270 of this chapter" in 40 C.F.R. §265.12(b) shall mean "of this Chapter
				and 06-096 C.M.R. ch. 856";
(3) 40
				C.F.R. §265.13, Waste Analysis, except that all references to 40 C.F.R.
				Part 268 or sections or subparts thereof shall mean 06-096 C.M.R. ch. 852, all
				references to "this part" shall mean "this Chapter", all references to Part 261
				shall mean 06-096 C.M.R. ch. 850, the references to 40 C.F.R.
				§§265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, and
				265.402 in 40 C.F.R. §265.13(b)(6) shall mean this Chapter, and the
				reference to 40 C.F.R. §260.22 in 40 C.F.R. §265.13(b)(7) (iii) shall
				mean 06-096 C.M.R. ch. 850;
(4) 40
				C.F.R. §265.14, Security;
(5)
				40 C.F.R. §265.15, General Inspection Requirements, except that references
				to 40 C.F.R. §§265.174, 265.193, 265.195, 265. 226, 265.260, 265.278,
				265.304, 265.347, 265.377 and 265.403 shall mean this Chapter;
(6) 40 C.F.R. §265.16, Personnel
				Training;
(7) 40 C.F.R.
				§265.19, Construction quality assurance program, applicable to all surface
				impoundments, waste piles and landfill units, except that references to 40
				C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856;
(8) 40 C.F.R. §§265.17,
				265.31-265.37, Preparedness and Prevention, except that references to "this
				part" shall mean this Chapter. In addition, the precautions required to be
				taken by 40 C.F.R. §265.17 must meet applicable requirements of codes,
				standards and rules of the Department of Public Safety (State Fire Marshal's
				Office);
(9) 40 C.F.R.
				§§265.51-265.56, Contingency Plan and Emergency Procedures;
(10) The owner or operator shall keep a
				written record at this facility. The following information must be recorded, as
				it becomes available, and maintained in the operating record until closure of
				the facility:
(a) A description and the
				quantity of each hazardous waste received, and the method(s) and date(s) of its
				treatment, storage, or disposal at the facility as required by Appendix I to 40
				C.F.R. § Part 265, except that references to 40 C.F.R §265.73 shall
				mean Section 9(A)(10) of this Chapter (i.e., this section), and references to
				40 C.F.R. Part 261 or sections or subparts thereof shall mean 06-096 C.M.R. ch.
				850;
(b) The information specified
				in 40 C.F.R. §265.73(b)(2) -(14), provided that all references to Part 265
				or subparts or sections thereof (except for 40 C.F.R. §§265.1034(c)
				through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i), 265.1064, and
				265.1083 through 265.1090 ) shall mean applicable provisions of this Chapter,
				and all references to Part 268 or subparts or sections thereof (except 40
				C.F.R. §268.5 ) shall mean applicable provisions of 06-096 C.M.R. ch. 852;
(11) 40 C.F.R.
				§265.74, Availability, Retention, and Disposition of Records, except that
				the reference to 40 C.F.R. §265.73(b)(2) shall mean Section 9(A)(10)(b) of
				this Chapter;
(12) Annual Reporting
				and 40 C.F.R. §265.75, except that other comparable forms may be required
				by the Department, and the report must be prepared and submitted annually no
				later than March 1st for the preceding calendar year;
(13) 40 C.F.R. §265.76, Unmanifested
				Waste Report, except that the reference to 40 C.F.R. §263.20(e) shall mean
Hazardous Waste Manifest Requirements
, 06-096 C.M.R. ch. 857,
				§
										8(B);
(14) In addition to submitting annual reports
				and unmanifested waste reports as specified in Sections 9(A)(12) and 9(A)(13)
				of this Chapter, the owner/operator shall comply with 40 C.F.R. §265.77
				and shall report to the Department releases, fires, and explosions as specified
				in Section 9(A)(9) of this Chapter, and submit facility closure reports and
				other reports as mandated in other provisions of this Chapter;
(15) 06-096 C.M.R. ch. 857 and 40 C.F.R.
				§265.72, Manifest Discrepancies; and all applicable requirements of
				transboundary movement of hazardous waste in accordance with 40 C.F.R. Part
				262, Subpart H;
(16) 40 C.F.R.
				§§265.111-265.115 closure for all facilities, and 40 C.F.R.
				§§265.116 - 265.120, post-closure for all disposal facilities, and
				all waste piles, surface impoundment and tanks closing as landfills, except
				that:
(a) References to other sections or
				subparts of 40 C.F.R. Part 265 shall mean this Chapter;
(b) References to 40 C.F.R. Part 270 or Part
				124, or sections or subparts thereof, shall mean 06-096 C.M.R. ch.
				856;
(c) References to 40 C.F.R.
				Part 262 shall mean
Standards for Generators of Hazardous
				Waste
, 06-096 C.M.R. ch. 851;
(d) References to 40 C.F.R. Part 265, Subpart
				G shall mean Section 9(A)(16) of this Chapter (i.e., this section);
(e) 40 C.F.R. §§265.112(b)(8),
				265.112(c)(1) (iv), 265.112(e), 265.118(c)(5), and 265.118(d)(1)(iii) shall be
				deleted;
(f) Certification of
				closure of any unit (not just land disposal units as provided in 40 C.F.R.
				§265.115 ) used to handle hazardous waste is required within 60 days of
				completion of closure; and
(g)
				Closure plans or notifications of closure required under 40 C.F.R.
				§265.112(d) must be submitted at least 180 days prior to the date closure
				of the unit or facility is expected to begin;
(17) The financial requirements of 40 C.F.R.
				§§265.141-265.143 and 40 C.F.R. §§265.147-265.150 for all
				facilities and 40 C.F.R. §§265.144-265.146 for all facilities subject
				to post-closure requirements, except that:
(a) References to other sections or subparts
				of 40 C.F.R. Part 265 shall mean this Chapter;
(b) References to sections or subparts of 40
				C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854;
(c) References to section 3008 of RCRA shall
				mean applicable Board or Department procedures; and
(d) References to sections or subparts of 40
				C.F.R. Part 124 or 270 shall mean 06-096 C.M.R. ch. 856;
(18) The air emission standards of 40 C.F.R.
				Part 265, Subparts AA, BB, and CC, except that references to Subparts I, J, or
				K and 40 C.F.R. §265.1 shall mean this Chapter; and
(19) When environmental investigation or
				monitoring data, or reports interpreting environmental investigation or
				monitoring data, are submitted to the Department, the submittal must be
				accompanied by one or more electronic Environmental Data Deliverables (EDDs)
				containing all data in formats specified by the Department in accordance with
				Maine's
Uniform Electronic Transaction Act
, 10 M.R.S.
				§9418(2)(A). This applies to data for all environmental media and waste
				materials. The data includes but is not limited to laboratory analytical data,
				field analytical data and monitoring parameters, water level and water flow
				data.