Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Section 096-850-3 - Identification of Hazardous Wastes

Current through 2024-29, July 17, 2024
A.
General
(1) This Chapter
				identifies those wastes which are subject to regulation as hazardous wastes
				under 38 M.R.S. §§1301 through 1319- Y.
(2) 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.
				References to test methods shall include regulations published on July 1, 2005,
				including 40 C.F.R. §260.11 which is hereby incorporated by reference.
				Where specifically indicated, the terms of a referenced federal regulation are
				hereby incorporated as terms of this Chapter, except that in regulations
				incorporated thereby, "EPA", "Administrator", "Regional Administrator" and
				"Director" shall mean "the Maine Board of Environmental of Protection, the
				Maine Department 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.
Waste
. "Waste" means any useless, unwanted or
				  discarded substance or material, whether or not such substance or material has
				  any other or future use and includes any substance or material that is spilled,
				  leaked, pumped, poured, emitted, disposed, emptied, or dumped onto the land or
				  into the water or ambient air. This definition includes, without being limited
				  to, materials which are used in a manner constituting disposal, burned for
				  energy recovery, reclaimed or accumulated speculatively.
NOTE
: It is intended that the terms "materials
				  which are used in a manner constituting disposal, burned for energy recovery,
				  reclaimed or accumulated speculatively" should include all materials covered by
				  40 C.F.R. §261.2(c)(1) -(4) and any amendments thereto.
(3)
Definition of hazardous
				waste
(a) A waste is a hazardous waste
				if:
(i) It is not excluded from regulation as
				a hazardous waste under Section 3(A)(4) of this Chapter; and
(ii) It meets any of the following criteria:
a. It is listed in Section 3(C) of this
				Chapter and has not been excluded by EPA under 40 C.F.R. §§260.20 and
				260.22 and excluded subsequently by the Department pursuant to 38 M.R.S.
				§1319- O(1)(A);
b. It is a
				mixture of a non-hazardous waste and one or more hazardous wastes listed in
				Section 3(C) of this Chapter and has not been excluded by EPA under 40 C.F.R.
				§§260.20 and 260.22 and excluded subsequently by the Department
				pursuant to 38 M.R.S. §1319- O(1)(A); or
c. It exhibits any of the characteristics of
				hazardous waste identified in Section 3(B) of this Chapter.
(b) A waste which is not
				excluded from regulation under Section 3(A)(3)(a)(i) of this Chapter becomes a
				hazardous waste when any of the following events occur:
(i) In the case of a waste listed in Section
				3(C) of this Chapter, when the waste first meets the criteria of the listing
				description as set forth in Section 3(C).
(ii) In the case of a mixture of a
				non-hazardous waste and one or more listed hazardous wastes, when a hazardous
				waste listed in Section 3(C) of this Chapter is first added to the
				non-hazardous waste.
(iii) In the
				case of any other waste (including a waste mixture), when the waste exhibits
				any of the characteristics identified in Section 3(B) of this
				Chapter.
(c) Unless and
				until it meets the criteria of Section 3(A)(3)(d) of this Chapter (below):
(i) A hazardous waste will remain a hazardous
				waste.
(ii) Any waste generated
				from the handling of a hazardous waste, including any sludge, spill residue,
				ash, emission control dust or leachate (but not including precipitation
				run-off), is a hazardous waste.
(d) Any waste described in Section 3(A)(3)(c)
				of this Chapter (above) is not a hazardous waste if it meets the following
				criteria:
(i) In the case of any waste, it
				does not exhibit any of the characteristics of hazardous waste identified in
				Section 3(B) of this Chapter; however, such waste which exhibits a
				characteristic at the point of generation is still subject to the requirements
				of 06-096 C.M.R. ch. 852 even if the waste no longer exhibits a characteristic
				at the point of disposal.
(ii) In
				the case of a waste which is a listed waste under Section 3(C) of this Chapter,
				contains a waste listed under Section 3(C) or is derived from a waste listed in
				Section 3(C), it also has been excluded from paragraph (c) by EPA under 40
				C.F.R. §§260.20 and 260.22 and excluded subsequently by the
				Department pursuant to 38 M.R.S. §1319- O(1)(A).
(4)
Exclusions
(a)
Substances which are not hazardous
				wastes
. The following materials are not hazardous wastes for the purpose
				of this Chapter:
(i) Domestic sewage;
				and
(ii) Any mixture of domestic
				sewage and other wastes that passes through a sewer system to a publicly-owned
				treatment works (POTW) for treatment, provided the mixture is a discharge of a
				non segregable waste at the site of generation, the mixture is a discharge from
				a source whose hazardous constituents are subject to categorical, local limits,
				and prohibitions established in accordance with Section 307(b) of the
Clean Water Act
, and the source is in compliance with those
				limits by means other than dilution and the hazardous constituents are sampled
				and analyzed no less frequently than annually. "Domestic sewage" means
				untreated sanitary wastes that pass through a sewer system. The unknowing
				receipt of hazardous waste by a POTW does not cause the POTW to become a
				hazardous waste facility.
NOTE
: Unless the discharge is non segregable and
				  is subject to categorical and local limits, persons discharging hazardous waste
				  to POTWs via a sewer system containing domestic sewage or other means are
				  subject to the applicable abbreviated license provisions of 06-096 C.M.R. ch.
				  856, §11. Dischargers to POTWs and POTWs are responsible for complying
				  with the applicable provisions of 06-096 C.M.R. ch. 856, §11. See also
				  06-096 C.M.R. ch. 851, §12(D). A waste is considered non-segregable when
				  it is inherently mixed with wastewater and is not segregated in containers,
				  tanks, pipes and sumps. A segregable waste cannot be introduced to wastewaters
				  unless an abbreviated license is held for the activity.
(iii) Industrial wastewater discharges that
				are point source discharges subject to regulation under Section 402 of the
Clean Water Act
, as amended, in so far as any hazardous waste
				present in the discharge is in fact regulated.
NOTE
: This exclusion applies only to the actual
				  point source discharge. It does not exclude industrial wastewaters while they
				  are being handled before discharge, or sludges that are generated by industrial
				  wastewater treatment. The exclusion is further limited by the provisions under
				  06-096 C.M.R. ch. 856 for the abbreviated licensing of a POTW for treatment of
				  a hazardous waste.
(iv)
				Irrigation return flows.
(v) Source
				material, special nuclear material or by-product material as defined by the
Atomic Energy Act of l954
,
				42 U.S.C.
				2011
et seq
., as amended up
				to August 8, 2005.
(vi) Materials
				subjected to in-situ mining techniques which are not removed from the ground as
				part of the extraction process.
(vii) Household waste, including household
				waste that has been collected, transported, stored, treated, disposed,
				recovered (e.g., refuse-derived fuel) or reused. "Household waste" means any
				waste material (including garbage, trash and sanitary wastes in septic tanks)
				derived from households (including single and multiple residences, hotels and
				motels, bunkhouses, picnic grounds, and day-use recreation areas.)
(viii) Wastes resulting from agricultural
				activities which are returned to the soils as fertilizers. "Agricultural
				activities" means the growing of vegetables, fruit, seeds, nursery crops,
				poultry, livestock, field crops, cultivated or pasture hay and farm woodlot
				products, including Christmas trees.
(ix) Mining overburden returned to the mine
				site.
Note
: Wastes from the extraction and
				  beneficiation of metallic ores and minerals are regulated under 06-096 C.M.R.
				  ch. 200 of the Department's rules, not 06-096 C.M.R. chs. 850 - 857.
(x) Fly ash waste, bottom ash
				waste, slag waste, and flue emission control waste generated solely from the
				combustion of coal, other fossil fuels, or wood or generated primarily from the
				combustion of coal, other fossil fuels, wood, or any combination thereof,
				providing that the waste does not exhibit any of the characteristics of
				hazardous waste as defined in Section 3(B)(2), (3), (4), or (5) of this
				Chapter.
(xi) Drilling fluids,
				produced waters, and other wastes associated with the exploration, development,
				or production of crude oil, natural gas or geothermal energy.
(xii) A sample of waste or sample of water,
				soil, or air which is collected for the sole purpose of testing to determine
				its characteristics or composition provided it meets the requirements of 40
				C.F.R. §§261.4(d)(1)(i) -(vi) and 261.4(d)(4), and the sample
				collector shipping samples to a laboratory and a laboratory returning samples
				to a sample collector comply with 40 C.F.R. §261.4(d)(2). This exemption
				does not apply if the laboratory determines the waste is hazardous but the
				laboratory is no longer meeting the requirements of this provision.
(xiii) Commercial chemical product that is
				unused and which is reinserted into the onsite manufacturing process without
				any alteration and is used as a substitute for feedstock materials without
				placement on the land, or that is unused and unexpired and is shipped to the
				original manufacturer or distributor with their approval for use.
(xiv) Waste from the leather tanning and
				finishing industry including chrome (blue) trimmings, chrome (blue) shavings,
				and buffing dust; and scrap tanned leather from the leather tanning industry,
				the shoe manufacturing industry, and other leather product manufacturing
				industries, provided the generator can demonstrate the waste meets the
				exemption criteria of 40 C.F.R. §261.4(b)(6)(i), the waste is managed in a
				non-oxidizing environment, and if disposed in Maine, is managed in a secure
				landfill licensed by the Department.
NOTE
: Due to the potential conversion of
				  trivalent chromium to hexavalent chromium in certain situations, the increased
				  leachability of certain types of chrome waste, and the current management of
				  the waste in oxidizing environments, the Department continues to have concerns
				  with the disposition of this waste stream. These wastes will be managed in
				  secure landfills as special wastes under the
Solid Waste Management
				  Regulations,
06-096 C.M.R. chs. 400-405, 409, and 418.
(xv) Pulping liquors (e.g., black
				liquor) that are reclaimed in a pulping liquor recovery furnace and then reused
				in the pulping process, provided the storage of such liquor, if any, prior to
				reuse occurs in a fully enclosed tank and the liquors are not accumulated
				speculatively as defined in 40 C.F.R. §261.1(c)
NOTE
: For the purpose of this paragraph, pulping
				  liquor that is spilled or otherwise released into the environment may qualify
				  for this exemption only to the extent the liquor is recovered for subsequent
				  reuse.
(xvi) Scrap metal
				which is recycled or intended to be recycled and is handled, processed or
				recycled at a facility licensed or authorized to do so, and provided it is not
				accumulated speculatively as defined in 40 C.F.R. §261.1(c). "Scrap metal"
				means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire)
				or metal pieces that may be combined together with bolts or soldering (e.g.,
				radiators, scrap automobiles, railroad box cars), which when worn or
				superfluous can be recycled and which are not otherwise mixed with or
				contaminated with nonmetal hazardous wastes.
In addition, scrap metal includes processed scrap metal,
				  unprocessed home scrap metal, and unprocessed prompt scrap metal, as these
				  terms are defined below:
"Processed scrap metal" is scrap metal which has been
				  manually or physically altered to either separate it into distinct materials to
				  enhance economic value or to improve the handling of materials. Processed scrap
				  metal includes, but is not limited to, scrap metal which has been baled,
				  shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by
				  metal type (i.e., sorted), and fines, drosses and related materials which have
				  been agglomerated.
"Home scrap metal" is scrap metal as generated by steel
				  mills, foundries, and refineries such as turnings, cuttings, punchings, and
				  borings.
"Prompt scrap metal" is scrap metal as generated by the metal
				  working/fabrication industries and includes such scrap metal as turnings,
				  cuttings, punchings, and borings. Prompt scrap is also known as industrial or
				  new scrap metal.
NOTE
: It is the generator's responsibility to
				  demonstrate to the Department that the scrap metal is being handled, processed
				  or recycled by a facility licensed or authorized to do so.
(xvii) Materials in unopened containers which
				are unused, unexpired and which meet the product specifications, provided the
				materials are not used in a manner constituting disposal (unless the product is
				normally applied to the land) or burned for energy recovery (unless the product
				is a fuel).
(xviii) Unused,
				unexpired materials in an original container which meet the product
				specifications, provided the Chief Executive Officers or plant managers of the
				shipping and receiving facilities exchange letters acknowledging the exchange
				of material, the Department receives copies of these letters prior to shipment,
				and the materials are not used in a manner constituting disposal (unless the
				product is originally applied to the land) or burned for energy recovery
				(unless the product is a fuel). The letter must contain the following
				information:
(1) the type and quantity of
				material transferred;
(2) the
				name, address and telephone number of the transferor and transferee;
(3) the date of transfer; and
(4) the proposed use of the materials by the
				transferee.
(xix)
				Isopropyl alcohol is excluded when shown to be recycled by being used or reused
				as an effective substitute for commercial products provided the isopropyl
				alcohol is not being reclaimed and the generator and recycling facility is in
				compliance with the following:
The generator and if located in Maine, the recycler, shall
				  maintain the following documentation at the facility of the generator and, if
				  located in Maine, at the recycling facility, and be available for the
				  Department's inspection:
(1) A
				description of the isopropyl alcohol to be used or reused;
(2) Consistent with the requirements of 40
				C.F.R. §261.2(f) a demonstration that a known market or disposition exists
				for the isopropyl alcohol. This demonstration must include documentation such
				as a contract that a material is used to substitute for another product; a
				description of the process by which the isopropyl alcohol is beneficially used
				or reused; a representative analysis of the isopropyl alcohol including the
				hazardous constituents found in 40 C.F.R. §261 Appendix VIII; and
				documentation that the use of the material does not introduce toxic
				constituents into the product, for which the material is used as a substitute,
				in concentrations that are higher than those found in analogous products
				consistent with 40 C.F.R. §261.2(d)(3)(i)(B); and
(3) Consis[tent with the requirements of 40
				C.F.R. §261.2(f), a demonstration by the owners or operators of the
				receiving facilities that they are actually recycling the materials and
				documenting that they have the necessary equipment to do so.
Isopropyl alcohol is not exempt under this provision and is a
				  hazardous waste, even if the recycling involves use or reuse, consistent with
				  40 C.F.R. §§261.2(c) and (e) if the isopropyl alcohol or associated
				  materials are reclaimed, used in a manner constituting disposal, or used to
				  produce products that are applied to land, or burned for energy recovery, used
				  to produce a fuel, or contained in fuels, or if materials are accumulated
				  speculatively as defined in 40 C.F.R. §261.1(c)(8), or fed to a halogen
				  acid furnace. A respondent in an action to enforce hazardous waste regulations
				  who raises a claim that isopropyl alcohol is used or reused under this
				  provision shall demonstrate consistent with 40 C.F.R. §261.2(f), that
				  there is a known market or disposition for the material, and that they meet the
				  terms of the exclusion.
(xx) Petroleum-contaminated media and debris
				that fail the test for the toxicity characteristic of Section 3(B)(5) of this
				Chapter (Waste Codes D018 through D043) and are subject to the corrective
				action requirements of 06-096 C.M.R. ch. 691.
(xxi) Debris (as defined in 06-096 C.M.R. ch.
				852, §3(A) ) that does not exhibit a hazardous waste characteristic and
				which has been treated in accordance with 06-096 C.M.R. ch. 852, §14(C),
				or debris that the Department determines is no longer contaminated with
				hazardous waste. Persons claiming this exclusion based on treatment will have
				the burden of proving by clear and convincing evidence in an enforcement action
				that the material meets all of the exclusion requirements.
(xxii) Solid waste which consists of
				discarded arsenical-treated wood or wood products which fails the test for the
				Toxicity Characteristic for Hazardous Waste Code D004 through D017 and which is
				not a hazardous waste for any other reason if the waste is generated by persons
				who utilize the arsenical-treated wood and wood product for these materials'
				intended end use.
(xxiii) EPA
				Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148,
				and any wastes from the coke by-products processes that are hazardous only
				because they exhibit the Toxicity Characteristic (TC) specified in Section
				3(B)(5) of this Chapter when, subsequent to generation, these materials are
				recycled to coke ovens, to the tar recovery process as a feedstock to produce
				coal tar, or mixed with coal tar prior to the tar's sale or refining. This
				exclusion is conditioned on there being no land disposal of the wastes from the
				point they are generated to the point they are recycled to coke ovens or tar
				recovery or refining processes, or mixed with coal tar.
(xxiv) Used cutting oil from metal working
				operations that is otherwise identified in the
Waste Oil Management
				Rules
, 06-096 C.M.R. ch. 860, §4 as a "waste oil which must be
				managed as a hazardous waste", provided that it:
(1) Exceeds the allowable level for total
				halogens established in 06-096 C.M.R. ch. 860, §4(C) (4,000 ppm) due
				solely to the presence of chlorinated paraffins as a constituent of the cutting
				oil itself, and not due to the mixing of a halogenated hazardous waste with the
				oil;
(2) Is not mixed or
				contaminated with any other hazardous waste, and does not exhibit hazardous
				waste characteristics except as provided in 06-096 C.M.R ch. 860, §4(C),
				as demonstrated through sampling and analysis, knowledge of process, or
				both;
(3) Does not exceed the
				allowable levels established in 06-096 C.M.R. ch. 860, §4(C) for arsenic,
				cadmium, chromium, lead, PCBs, and flash point;
(4) Is, or will be, processed through a
				tolling arrangement to reclaim the oil as described in 40 C.F.R.
				§279.24(c), or if not processed through such tolling arrangement, the
				rebuttable presumption under 40 C.F.R. §279.10(b)(1) (ii) is rebutted
				(e.g., by showing through testing that the used cutting oil does not contain
				significant concentrations of halogenated hazardous constituents listed in
				Appendix VIII of this Chapter) and it is recycled through an arrangement at a
				facility authorized and equipped to recycle the waste, which is documented by a
				written contract, agreement, bill of sale or receipt from the recycling
				facility;
(5) Is stored, prior to
				shipment to the recycling or processing facility, at the site of generation, on
				a firm, impervious surface constructed to prevent spillage from leaving the
				area, and in closed, non-leaking containers or tanks labeled with the words
				"Used Oil Containing Chlorinated Paraffins"; and,
(6) Is transported from the site of
				generation to a facility authorized to handle the waste by a Maine-licensed
				waste oil transporter, and each shipment is documented by a bill of lading, a
				copy of which is retained by the generator for at least three years from the
				date of shipment.
NOTE:
Used cutting oils determined not to be
				  hazardous wastes pursuant to the above described exclusion may be subject to
				  the provisions of
Waste Oil Management Rules
, 06-096 C.M.R.
				  ch. 860 and/or
Standards for the Management of Used Oil
, 40
				  C.F.R. §279.10
.
(xxv) Waste oil as defined in 06-096 C.M.R.
				ch. 860, §4(A) that is
reclaimed, reused or burned for energy
				recovery
and meets the requirements of 06-096 C.M.R. ch. 860,
				§§4(B) or 4(C).
(b)
Samples
(i) Persons who generate or collect samples
				for the purpose of conducting a treatability study, as defined in 40 C.F.R.
				§260.10, are not subject to the requirements of this Chapter, 06-096
				C.M.R. ch. 851, or 06-096 C.M.R. ch. 853, nor are such samples included in the
				quantity determinations of Section 3(A)(5) of this Chapter, under the
				circumstances specific in paragraph (ii) where the conditions in paragraph
				(iii) are met.
(ii) The exclusion
				of paragraph (b)(i) shall apply when the sample is being collected and prepared
				for transportation by the generator or sample collector, the sample is being
				accumulated or stored by the generator or sample collector prior to
				transportation to a laboratory or testing facility, or the sample is being
				transported to the laboratory or testing facility for the purpose of conducting
				a treatability study.
(iii) The
				exclusion of paragraph (b)(i) shall apply when the conditions of 40 C.F.R.
				§§261.4(e)(2)(i) -(vi) and 261.4(e)(4) are met, provided however,
				that the generator shall provide the information required in 40 C.F.R.
				§261.4(e)(2) (vi) in its annual report, and prior approval has been
				obtained from the Department. The provisions of 40 C.F.R.
				§§261.4(e)(2)(i) -(vi) and 261.4(e)(4) are incorporated by reference,
				except that the term "biennial" in 40 C.F.R. §261.4(e)(2) (vi) shall mean
				"annual".
(c)
Solvent-Contaminated Wipes
(i)
				For purposes of this subsection, "solvent-contaminated wipes" means woven or
				non-woven shop towels, rags, pads, or swabs made of wood pulp, fabric, cotton,
				polyester blends, or other material, that, after use or after cleaning up a
				spill, either:
(1) Contains one or more of
				the F001 through F005 solvents listed in Section 3(C)(2) of this Chapter or the
				corresponding P- or U-listed solvents found in Section 3(C)(4) of this
				Chapter;
(2) Contains one or more
				solvents listed in Section 3(C) which exhibit a hazardous waste characteristic
				found in Section 3(B) of this Chapter when that characteristic results from a
				listed solvent; and/or,
(3)
				Contains one or more solvents that are not listed in section 3(C) which exhibit
				only the hazardous waste characteristic of ignitability found in section
				3(B)(2) of this Chapter.
(ii) The following solvent contaminated wipes
				are not considered hazardous waste from the point of generation, provided that
				the generator also complies with the provisions of Section 3(A)(4)(c) (iv) of
				this Chapter (below):
(1)
				Solvent-contaminated wipes that the generator either launders or dry cleans
				on-site, or sends off-site to be laundered or dry cleaned, and the on-site or
				off-site facility: is located in Maine or in a state that has adopted the
				exclusion at 40 C.F.R. §261.4(a)(26) or adopted a state equivalent rule
				which is no less stringent than 40 C.F.R. §261.4(a)(26), and its
				discharge, if any, is regulated under sections 301 and 402 or section 307 of
				the Clean Water Act.
(2)
				Solvent-contaminated wipes that are sent for disposal provided that:
(a) They are not hazardous waste due to the
				presence of trichloroethylene; and,
(b) The generator sends the
				solvent-contaminated wipes for disposal to: an authorized out-of-state facility
				in a state where the exclusion at 40 C.F.R. §261.4(b)(18) or a state
				equivalent rule which is no less stringent than 40 C.F.R. §261.4(b)(18)
				has been adopted; a municipal solid waste landfill regulated under the
				Department's Solid Waste Management Rules 09-096 C.M.R. chs. 400 to 425; a
				hazardous waste landfill regulated under 06-096 C.M.R. chs. 854 to 856; a
				municipal waste combustor or other combustion facility regulated under section
				06-096 C.M.R. ch. 143; or, to a hazardous waste combustor, boiler, or
				industrial furnace regulated under 06-096 C.M.R. chs. 854 to 856.
(iii)
				Solvent-contaminated wipes that also contain listed hazardous waste other than
				solvents, or exhibit toxicity, corrosivity, or reactivity due to contaminants
				other than solvents, are not eligible for the exclusions in this
				section.
(iv) All
				solvent-contaminated wipes excluded from the point of generation under Section
				3(A)(4)(c) (ii) of this Chapter must also meet the following provisions:
(1) Containers in which solvent-contaminated
				wipes are stored must be used only for the storage of those wipes, and not for
				any other wipes or wastes.
(2) No
				more than 180 days after the date on which a generator begins to accumulate
				solvent-contaminated wipes in any container, all solvent-contaminated wipes in
				that container must be sent for cleaning or disposal;
(3) Solvent-contaminated wipes, when
				accumulated, stored and transported, must be contained in non-leaking, closed
				containers. A container is considered closed where there is complete contact
				between the fitted lid and the rim, except when it is necessary to add or
				remove solvent-contaminated wipes;
(4) Any container in which
				solvent-contaminated wipes are accumulated, stored or transported must be able
				to contain free liquids, should free liquids accumulate;
(5) Containers in which solvent-contaminated
				wipes are accumulated, stored, or transported must be clearly labeled or marked
				with the words "Excluded Solvent-Contaminated Wipes";
(6) When the container is full or the
				solvent-contaminated wipes are no longer being accumulated and/or when the
				container is being transported, the container must be sealed with all lids
				properly and securely affixed to the container and all openings tightly bound
				or closed sufficiently to prevent leaks and emissions;
(7) At the point of being sent for cleaning
				on site or of being transported off site for cleaning or disposal, the
				solvent-contaminated wipes must contain no free liquids, as defined by 40
				C.F.R. §260.10, and as determined by Method 9095B (Paint Filter Liquids
				Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				Methods" (EPA Publication SW-846) (see Appendix XI);
(8) Free liquids removed from the
				solvent-contaminated wipes or from the container holding the wipes must be
				managed in accordance with the
Hazardous Waste Management
				Rules
, 06-096 C.M.R. chs. 850- 858; and,
(9) Generators shall maintain the following
				documentation on site:
(a) Name and address of
				the laundry, dry cleaner, landfill or combustor that is receiving the
				solvent-contaminated wipes;
(b)
				Documentation that the 180-day accumulation time limit in Section 3(A)(4)(c)
				(iv)(2) of this Chapter is being met; and
(c) Description of the process the generator
				is using to ensure the solvent-contaminated wipes contain no free liquids at
				the point of being laundered or dry cleaned on-site, or being transported
				off-site for laundering, dry cleaning or disposal.
(d)
Treatability
				study
(i) Samples undergoing a
				treatability study and the laboratory or testing facility conducting such
				treatability study (to the extent the facility is not otherwise subject to the
				requirements of 06-096 C.M.R. chs. 850 - 860) are not subject to the
				requirements of 06-096 C.M.R. chs. 850 - 860 provided the conditions in
				paragraph (d)(ii) are met. A mobile treatment unit (MTU) may qualify as a
				testing facility, and where a group of MTUs are located at the same site, the
				limitations of paragraph (d)(ii) apply to the entire group of MTUs as if the
				group were one MTU.
(ii) The
				exclusion of paragraph (d)(i) shall apply when the conditions of 40 C.F.R.
				§261.4(f)(1) -(11) are met (provided however, that references to 40 C.F.R.
				§261.3 shall mean this Chapter, 40 C.F.R. Parts 261 through 268 and Part
				270 shall mean 06-096 C.M.R. ch. 850 - 860 and 40 C.F.R. §261.4(e) shall
				mean Section 3(A)(4)(b)(i) -(iii) of this Chapter) and prior approval has been
				obtained from the Department.
(5)
Special requirements for hazardous
				waste generated by small quantity generators
(a) Except as otherwise provided in this
				section, if a person determines whether the wastes generated are hazardous
				under 06-096 C.M.R. ch. 851, §5 and generates, in a calendar month, a
				total of less than 100 kilograms (220.46 lbs.) of hazardous wastes, those
				wastes are not subject to regulation under 38 M.R.S., §§1301 through
				1319-Y and related rules, provided the generator complies with Section
				3(A)(5)(d) of this Chapter (below).
NOTE
: A small quantity generator is required to
				  properly package for shipment, manifest, use a licensed hazardous waste
				  transporter, and ship its hazardous waste to an authorized facility in
				  accordance with Section 3(A)(5)(d) of this Chapter.
(b) If a person whose waste has been excluded
				from regulation under Section 3(A)(5)(a) of this Chapter accumulates hazardous
				wastes in quantities greater than 600 kilograms or acutely hazardous wastes in
				quantities greater than set forth in Section 3(A)(5)(c) of this Chapter, all of
				those accumulated wastes are subject to regulation under 38 M.R.S.
				§§1301 through 1319-Y and related rules (06-096 C.M.R. chs. 850 - 860
				of the Department's rules).
(c) If
				a person generates in a calendar month or accumulates at any time any of the
				following acutely hazardous wastes in quantities greater than set forth in
				subsections (i) through (v) below, those wastes are subject to regulation under
				38 M.R.S., §§1301 through 1319-Y and related rules. (06-096 C.M.R.
				chs. 850 - 857 of the Department's Rules).
(i) A total of one kilogram of commercial
				chemical products and manufacturing chemical intermediates having the generic
				names listed in Section 3(C)(4)(e) of this Chapter and off-specification
				commercial chemical products and manufacturing chemical intermediates which, if
				they met specifications, would have the generic names listed in Section
				3(C)(4)(e) of this Chapter.
(ii) A
				total of one kilogram of the following hazardous wastes listed in Section
				3(C)(2)(a) of this Chapter: Industry and EPA hazardous waste Nos. F020, F021,
				F022, F023, F026, F027, and F028.
(iii) Any containers identified in Section
				3(C)(4)(c) of this Chapter that are larger than 20 liters in
				capacity;
(iv) Ten (10) kilograms
				of inner liners from containers identified in Section 3(C)(4)(c) of this
				Chapter;
(v) A total of 100
				kilograms of any residue or contaminated soil, water, or other debris resulting
				from the cleanup of a spill, into or on any land or water, of any commercial
				chemical products or manufacturing chemical intermediates having the generic
				names listed in Section 3(C)(4)(e) of this Chapter or any residue or
				contaminated soil, water, or other debris resulting from the cleanup of a
				spill, into or on any land or water, of any off-specification commercial
				chemical products or manufacturing chemical intermediates which, if they met
				specifications, would have the generic names listed in Section 3(C)(4)(e) of
				this Chapter;
NOTE
: Any person who exceeds the quantity
				  requirements outlined in Sections 3(A)(5)(b) and 3(A)(5)(c) of this Chapter is
				  subject to full regulation (i.e., regulation applicable to generators of
				  greater than 100 kilograms per month of hazardous waste), including the
				  requirements of 06-096 C.M.R. ch. 851, §8(B) that relate to accumulation
				  times for hazardous waste. The time period in 06-096 C.M.R. ch. 851, §8(B)
				  begins when the accumulated wastes exceed the applicable exclusion
				  limit.
(d) In
				order for hazardous waste to be excluded from regulation under this section,
				the generator shall:
(i) Determine whether
				the waste generated is hazardous in accordance with 06-096 C.M.R. ch. 85 1,
				§ 5;
(ii) Store the waste in a
				container no greater than 55 gallons in size, label and package the hazardous
				waste in accordance with 06-096 C.M.R. ch. 851, §§8(A) and 8(B)(3),
				and label the container with the date the container becomes full;
(iii) Properly manifest the hazardous waste
				in accordance with 06-096 C.M.R. ch. 857 and comply with the requirements of
				06-096 C.M.R. ch. 857;
(iv) Utilize
				a licensed transporter in accordance with 06-096 C.M.R. ch. 851, §
				7;
(v) Transport, or offer for
				transport, such waste only to a waste facility for hazardous waste which is
				authorized to handle the waste under a state program, and if applicable, under
				the federal hazardous waste regulatory program; and
(vi) Ship off site such waste within 180 days
				of the date the drum becomes full; and
(vii) If more than 55 gallons (approximately
				200 kg) of a non-acutely hazardous waste is stored onsite, the generator shall
				in addition:
a. Manage the waste in accordance
				with 06-096 C.M.R. ch. 851, §§8(B)(2), 9 (A-D), 11, 12, 13(B)(1),
				13(B)(2), 13(C)(1), 13(C)(3), 13(C)(4),
13(C)(7)(a)
and (b), 13(D)(1), and 13(D)(2); and
b. In accordance with 06 -096 C.M.R. ch. 851,
				§ 6, have a generator identification number assigned to the generator by
				the Maine Department of Environmental Protection if the generator will be
				operating under the provisions of 3(A)(5)(d)(vii) of this Chapter.
NOTE
: To be eligible for the reduced
				  requirements of this section, a small quantity generator shall store its waste
				  in containers.
(e) Hazardous waste subject to the reduced
				requirements of Section 3(A)(5)(d) of this Chapter that is mixed with
				non-hazardous waste remains subject to these reduced requirements as long as
				the resultant mixture does not exceed the quantity limitations identified in
				this section. If any person mixes a solid waste with a hazardous waste that
				exceeds a quantity exclusion level of this section, the mixture is subject to
				full regulation. Mixture of a characteristic hazardous waste with a
				non-hazardous waste such that the mixture no longer exhibits a characteristic
				constitutes treatment which requires a license pursuant to 06-096 C.M.R. chs.
				854 and 856.
(6)
Special requirements for hazardous waste which is beneficially used or
				reused
(a) Activities that may be
				eligible for reduced licensing requirements because those activities involve
				hazardous waste which is beneficially used or reused are specified under 06-096
				C.M.R. ch. 856, §11, "Requirements for Facilities Licensed under the
				Abbreviated License Process."
(b)
				Activities that involve recycling and reclamation of hazardous waste are
				considered forms of treatment and, as such, are subject to the requirements of
				06-096 C.M.R. chs. 854 and 856 with respect to treatment of hazardous
				waste.
(7)
Re
				sidues of hazardous waste in empty containers
. Any residue remaining in
				a container or an inner liner removed from a container that has held any
				hazardous waste other than hazardous waste identified as acute hazardous waste
				in Section 3(C)(2), 3(C)(3) or 3(C)(4)(e) is a hazardous waste unless the
				container is empty as defined below:
(a) All
				wastes have been removed that can be removed using the practices commonly
				employed to remove materials from that type container and
(b) No more than one inch of residue
				containing no free liquids remains on the bottom of the container or inner
				liner or
NOTE
: Removing free liquids from a container may
				  include: draining the emptied container for at least thirty (30) seconds after
				  the steady flow of hazardous waste has ceased and individual droplets are
				  clearly evident and then performing that procedure two more times.
(c) The container or inner liner
				has been triple-rinsed using a solvent capable of removing the waste,
				or
(d) No more than 3% by weight of
				the total capacity remains in the container or inner liner if the container is
				less than or equal to 119 gallons; or no more than 0.3% by weight of the total
				capacity remains in the container or inner liner if the container is greater
				than 119 gallons.
(e) If the
				container has held a hazardous waste that is a compressed gas, the pressure in
				the container is at atmospheric.
Any container or an inner liner removed from a container that
				  has held an acute hazardous waste identified in Section 3(C)(2), 3(C)(3) or
				  3(C)(4)(e) is empty if the container or inner liner has been triple rinsed
				  using a solvent capable of removing the waste, or cleaned by another method
				  shown in scientific literature or by tests performed by the generator to
				  achieve equivalent removal, or, in the case of a container, the inner liner
				  that prevented contact of the commercial chemical product or manufacturing
				  chemical intermediate with the container, has been removed.
(8) The use of material which is
				contaminated or mixed with dioxin or any other hazardous waste identified in
				this Chapter, for dust suppression or road treatment is prohibited.
(9) No other fuel which contains any
				hazardous waste may be burned in any cement kiln or other boiler or industrial
				furnace unless licensed under 06-096 C.M.R. ch. 856.
(10) Persons who generate, transport, or
				collect non-leaking spent lead acid batteries, or who store non-leaking spent
				batteries but do not reclaim or intend to reclaim them are not required to
				obtain a license for such a facility.
(11) Owners or operators of facilities that
				store spent lead acid batteries before reclaiming them are required to obtain a
				license for such storage under 06-096 C.M.R. ch. 856.
(12) Delistings:
[RESERVED]
RESERVED SPACE
(13)
Special Requirements for Universal
				Wastes
(a) All generators of universal
				wastes shall comply with either the full
Hazardous Waste Management
				Rules
, 06-096 C.M.R. chs. 850 - 857, including all requirements in
				this Section, or the alternative standards of 06-096 C.M.R. ch. 858.
(b) Universal Wastes are:
(i) Architectural paint
(ii) Cathode ray tubes;
(iii) Lamps;
(iv) Mercury Devices;
(v) Mercury thermostats;
(vi) Motor Vehicle Mercury
				Switches;
(vii) Totally enclosed,
				non leaking polychlorinated biphenyl (PCB) ballast;
NOTE
: Only mercury-containing lamps or lamps
				  otherwise hazardous are included as universal wastes.
NOTE
: Batteries are managed as universal waste
				  in accordance with Section (14).
(c) Generators, owners or operators of any
				central accumulation or consolidation facility, and transporters of universal
				wastes are prohibited from conducting the following activities:
(i) Disposing, diluting or treating universal
				wastes.
NOTE
: The intentional breaking of universal
				  wastes including Cathode Ray Tubes is a form of treatment, and is therefore
				  prohibited at locations other than the recycling facility.
(ii) Sending a universal waste to any
				facility other than a central accumulation facility, a consolidation facility
				for universal waste, an approved recycling facility for universal wastes, or in
				the case of ballasts and the residues from mercury spill kits to an approved
				disposal or treatment facility.
NOTE
: Generators that self-transport waste shall
				  comply with universal waste transporter requirements, as provided in 06-096
				  C.M.R. ch. 853, §11.
NOTE
: 06-096 C.M.R. chs. 854 and 856 apply to a
				  universal waste recycling facility.
(d) Household hazardous waste, which meets
				the description of universal waste in Section 3(A)(13)(b) but which is exempt
				under Section 3(A)(4)(a) (vii) of this Chapter, when combined or mixed with
				universal wastes is no longer exempt and must be managed in accordance with the
				requirements of 06-096 C.M.R. chs. 850, 851, 853, 856, 857, and 858.
(e) All generators of universal wastes shall:
(i) Determine whether the waste generated is
				hazardous in accordance with 06-096 C.M.R. ch. 851, §5 and, pursuant to
				the
Mercury-Added Products and Service
law, 38 M.R.S.
				§1663 determine that all mercury containing lamps are a universal waste
				and may not be placed in solid waste for disposal in a solid waste facility;
				and
(ii) Determine whether the
				waste is a universal waste under Section 3(A)(13)(b) of this Chapter;
NOTE
: If a hazardous waste is not eligible for
				  regulation under the universal waste rules, then the full hazardous waste
				  management rules apply.
(iii) Immediately contain and transfer all
				releases of waste and residues resulting from spills or leaks from broken or
				ruptured universal waste to a container that meets the requirements of the
Hazardous Waste Management Rules
, 06-096 C.M.R. chs. 850 -
				857, except that waste and residues from incidental breakage may still be
				managed as a universal waste;
(iv)
				Determine by testing, or handle as hazardous, clean up residues resulting from
				spills or leaks from events other than incidental breakage of lamps or CRTs in
				accordance with
Hazardous Waste Management Rules
, 06-096
				C.M.R. chs. 850 - 857, including generator accumulation time limit, storage and
				disposal standards, and count this waste toward the determination of hazardous
				waste generator status;
(14)
Special requirements for certain
				batteries
Batteries that are described in 40 C.F.R. §273.2 must be
				  managed in accordance with 40 C.F.R. Part 273, except that references to 40
				  C.F.R. Parts 260 through 272 shall mean 06-096 C.M.R. chs. 850 - 857 of the
				  Maine Hazardous Waste Management Rules and except that 40 C.F.R.
				  §273.8(a)(2) is not incorporated, and instead, batteries handled by
				  federal very small quantity generators are regulated as small quantity handlers
				  pursuant to 40 C.F.R. Part 273 Subpart B. In addition, instead of 40 C.F.R.
				  §273.2(c), a battery becomes a waste on the date that it becomes useless,
				  unwanted, or intended for disposal, and spent lead acid batteries described in
				  40 C.F.R. §§273.2(a)(2) and 273.2(b)(1) are regulated under 06-096
				  C.M.R. chs. 850 through 858 instead of 40 C.F.R. Part 266, Subpart
				  G.