Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 800 - IDENTIFICATION OF HAZARDOUS MATTER › Section 096-800-4 - Identification of Hazardous Matter

Current through 2024-29, July 17, 2024
A. Substances
				designated as hazardous by the United States Environmental Protection Agency
				(EPA) in regulations promulgated under §102(a) of the Comprehensive
				Environmental Response, Compensation, and Liability Act of 1980 and published
				at
				40 CFR
				302.4 (as amended up to July 1, 2012) are
				hereby identified as hazardous matter, except that radionuclides are not
				designated as hazardous matter pursuant to this Chapter.
NOTE: See Appendix A of this rule.
1 Discharges of these substances in any
				quantity and under any circumstances must be reported and removed as required
				by 38 M.R.S.A. §1317 et seq., and Chapter 801, Rules of the Department of
				Environmental Protection, except as provided in paragraph 2 below or unless
				exempted under subsection C below.
2 For purposes of reporting and removal of
				discharges as required by 38 M.R.S.A. §1317 et seq., and Chapter 801,
				Rules of the Department, substances identified under paragraph 1 above, when
				discharged under the conditions specified in subparagraph (a) of this
				paragraph, are hazardous matter only when discharged in the quantities
				specified under subparagraph (b) of this paragraph.
a Conditions:
1 The discharge occurs on the site where the
				substance is generated, used or stored and does not extend or spread beyond the
				area on that site to which the spill prevention, control and clean-up plan
				described in subsubparagraph 2 applies and is effective; and
2 A spill prevention, control and clean-up
				plan has been prepared for the site and submitted to the Department pursuant to
				38 M.R.S.A. §1318-C; and
3
				The spill prevention, control and clean-up plan is applicable to the particular
				discharge and is effective to remove it; and
4 There is on the site available capability
				to implement the plan and to remove the discharge; and
5 The discharge is not in violation of any
				local, State or federal permit or license.
b Quantities equal to or exceeding the
				reportable quantity applicable to the substance, as defined according to the
				EPA regulations promulgated under §102(a) of the Comprehensive
				Environmental Response, Compensation, and Liability Act of 1980 and published
				at
				40 CFR
				302.4 (as amended up to July 1, 2012).
NOTE 1: See Appendix A to this rule.
NOTE 2: EPA's "24-hour rule," so-called, is not adopted as a
				  part of this rule. Whenever the total amount of a discharge equals the
				  reportable quantity, the discharge must be reported.
NOTE 3: Hazardous matter which is not already hazardous waste
				  may, when discharged, become hazardous waste if, upon discharge, it falls
				  within the identification of hazardous waste established by Chapter 850, Rules
				  of the Department. If so, the responsible party is the generator of the
				  hazardous waste and must comply with the relevant requirements of Chapters 851,
				  853 and 857, Rules of the Department, including, for transporters, the
				  requirements to:
notify the National Response Center at 1-800-424-8802
					 or 1-202-426-2675 (if required by
					 49 CFR
					 171.15 );
												 report in writing to Director, Office of Hazardous
					 Materials Regulation, DOT, Washington, D.C. 20590 (if required by
					 49 CFR
					 171.16 );
												for transporters by water (bulk shipments), the same
					 notice required by 33 CFR 153.023 for oil and hazardous substances.
NOTE 4: Releases of hazardous matter identified under this
				  chapter may also be subject to reporting to the National Response Center at
				  1-800-424-8802 pursuant to
				  40 CFR
				  302.4 and
				  302.6.
				  Releases of hazardous substances identified pursuant to 40 CFR 302, including
				  radionuclides which are not regulated by this chapter, are subject to reporting
				  to the National Response Center at 1-800-424-8802 in accordance with the
				  provisions of 40 CFR 302.