reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-13 - Log Requirements

Current through 2024-29, July 17, 2024
In lieu of a manifest or Maine Recyclable Material Uniform
				  Bill of Lading, an instate small universal waste generator or instate central
				  accumulation facility operator may utilize a log system of tracking provided
				  the following requirements are met:
A.
				For a small universal waste generator:
(1) The
				waste is sent to either an instate central accumulation facility or instate
				consolidation facility;
(2) All the
				required universal waste information pursuant to Section 13(B)(4) below of this
				Chapter is recorded on the log sheet upon the generator's arrival at the
				facility; and
(3) The instate
				central accumulation facility or the instate consolidation facility submits, on
				a quarterly basis, waste tracking information to the Department in a format
				specified by the Department; or the facility attaches the completed log forms
				to the associated Maine Recyclable Material Uniform Bill of Lading and submits
				these to the Department at the time of the shipment from the
				facility.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized by and adopted under 38 M.R.S.
				  §§1301 to 1319- Y.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-2 - 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. Universal waste is a
				  subset of hazardous waste. This Chapter provides for one of these controls by
				  establishing certain standards which must be met by generators, and facilities
				  managing universal waste.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-3 - Incorporations by Reference

Current through 2024-29, July 17, 2024
Portions of this Chapter refer to specific federal
				  regulations of the United States Environmental Protection Agency (EPA). Unless
				  otherwise noted, the federal regulations referenced are those 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 generators,
				  transporters, and facilities appear in other rules of the Department dealing
				  with specific aspects of hazardous waste management, including universal waste.
				  See, for example,
Hazardous Waste Manifest Requirements,
06-096 C.M.R. ch. 857;
Licensing of Hazardous Waste
				  Facilities,
06-096 C.M.R. ch. 856;
Standards for Hazardous
				  Waste Facilities,
06-096 C.M.R. ch. 854; and
Licensing of
				  Transporters of Hazardous Waste,
06-096 C.M.R. ch.
				  853.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-5 - Prohibitions

Current through 2024-29, July 17, 2024
Generators, owners or operators of any central accumulation
				  or consolidation facility, and transporters of universal wastes are prohibited
				  from conducting the following activities:
A. Disposing, diluting or treating universal
				wastes. The intentional breakage of universal wastes including CRTs and lamps
				is a form of treatment and is prohibited at locations other than a recycling
				facility licensed or authorized to do so. Except for incidental breakage of 10
				or less CRTs or lamps as a result of an accidental event, universal waste items
				which are broken and no longer intact do not qualify as universal waste and
				instead are subject to the applicable regulations of 06-096 C.M.R. chs. 850 -
				857 as hazardous waste.
B. Sending
				a universal waste to any facility other than:
(1) a central accumulation facility;
(2) a consolidation facility for
				universal waste;
(3) an approved
				recycling facility for universal wastes as defined in Section
				4(N) of this Chapter,
				which is licensed or authorized in accordance with 06-096 C.M.R. ch. 854,
				06-096 C.M.R. ch. 855, and 06-096 C.M.R. ch. 856 or under the destination
				facility's State regulatory program; or
(4) an approved disposal or treatment
				facility authorized to handle PCB ballasts, the residues from mercury spill
				kits, or architectural paint that cannot be recycled, which is licensed or
				authorized in accordance with 06-096 C.M.R. ch. 854, 06-096 C.M.R. ch. 855, and
				06-096 C.M.R. ch. 856, or under the destination facility's State regulatory
				program.
NOTE
: Generators that self-transport waste shall
				  comply with universal waste transporter requirements, as provided in Section
				  7(D) of this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-6 - Household Hazardous Waste

Current through 2024-29, July 17, 2024
Household hazardous waste (or household universal waste),
				  which meets the description of universal waste in Section
				  4(P) of this Chapter
				  but which is exempt under 06-096 C.M.R. ch. 850, section
				  3(A)(4)(a) (vii),
				  when combined or mixed with non-household universal or hazardous wastes is no
				  longer exempt and must be managed either in accordance with the universal waste
				  requirements of this Chapter or the Hazardous Waste Management Rules, 06-096
				  C.M.R. chs. 850 through 857.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-8 - Central Accumulation Facility

Current through 2024-29, July 17, 2024
The owner or operator of a central accumulation facility
				  shall comply with the following requirements:
A. Sections
				5,
				6, and
				7, excluding 7(J), (L), (M) and (P);
B. Conduct weekly inspections of
				universal waste storage areas and maintain a written inspection log to document
				the inspections. The log must include the name of the inspector, date of
				inspection, number, and condition of original waste containers and collection
				containers, and descriptions of actions taken to address any problem discovered
				during the inspection;
C. Obtain
				an EPA ID number as outlined in Section
				7(P) of this Chapter
				or if handling less than 5,000 kg notify the Department on a waste notification
				form provided by the Department;
D.
				Ship to a consolidation facility for universal waste or a properly approved
				recycling facility for universal waste, or in the case of ballasts, residues
				from mercury spill kits, and architectural paint which cannot be recycled ship
				to a properly approved disposal or treatment facility within one year of
				receipt of the waste;
E. Mark each
				container with the date the universal waste is received at the facility; or
				mark each collection container with the date the first universal waste item is
				placed into collection container and the date the collection container is
				full;
F. Maintain an inventory
				system on-site that identifies the date and manifest or Uniform Bill of Lading
				number or log information i.e., name of generator, log, date, type and number
				of universal waste items (if applicable) for each universal waste container or
				group of containers that is received at the facility and the date and manifest
				or Uniform Bill of Lading number (if applicable) for each waste container or
				group of containers that is shipped from the facility;
G. For architectural paint, pack original
				securely closed containers completely in the collection container, keep the
				collection container closed except when adding containers of architectural
				paint, and label the collection container with the words "Waste Paint;" and
NOTE
: This universal waste in storage as part of
				  a take back program will not be considered part of the facility's hazardous
				  waste accumulation for the purpose of the facility's hazardous waste generation
				  status.
H. When the
				facility no longer accepts universal wastes, remove all universal waste and any
				residues from the universal wastes to a facility licensed to handle the wastes.
				Provide written notice to the Department within ten (10) days of ceasing
				acceptance of each type of universal waste.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-10 - Green Light and Thermometer Collection Programs

Current through 2024-29, July 17, 2024
A small universal waste generator that generates greater
				  than 200 lamps or thermometers per month or at any one time under (i) a Green
				  Lights Program or other similar energy conversion program that is completed
				  within a six month period; or (ii) a single short term event of a maximum of
				  five consecutive days per year for the collection of mercury thermometers, or
				  such other period of time approved by the Department, shall comply with the
				  following requirements:
A. Ship the
				lamps or thermometers directly to a properly approved recycling facility for
				universal waste on a manifest or Recyclable Hazardous Materials Uniform Bill of
				Lading; and
B. Comply with all
				other requirements for a small universal waste generator. A small universal
				waste generator conducting a Green Lights or thermometer collection event of
				200 items or more under this Section is not required to obtain an EPA ID Number
				or notify the Department on a state waste notification form pursuant to Section
				7(P) of this
				Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-11 - Alternate Standards

Current through 2024-29, July 17, 2024
Notwithstanding Sections
				  7,
				  8 and
				  9 of this Chapter, the Department may
				  on a case by case basis approve alternative standards for tracking and
				  reporting universal waste, in the case of a manufacturer's sponsored product
				  take back program, also known as a "product stewardship" program or other
				  similar manufacturer sanctioned collection program. Criteria of approval under
				  this Section must include an annual report from the manufacturer on the amount
				  of the particular product collected through this program in the state and the
				  program must meet the federal universal waste requirements of 40 C.F.R. Part
				  273. The operator of such a program shall file a request with the Department
				  and identify the regulatory tracking and reporting elements for which the
				  operator is seeking alternative approval.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-12 - Special Requirements for Certain Batteries

Current through 2024-29, July 17, 2024
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 through 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.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-13 - Import Requirements for Universal Waste

Current through 2024-29, July 17, 2024
Persons handling universal waste that is imported from a
				  foreign country into the State of Maine are subject to the requirements of 40
				  C.F.R. Part 262 Subpart H and the applicable requirements of Sections 13(A)
				  through 13(C) of this Section below, immediately upon the waste entering the
				  State of Maine:
A. A universal waste
				transporter is subject to the universal waste transporter requirements of
				06-096 C.M.R. ch. 853, §
									11.
B. A universal waste handler is subject to
				all applicable requirements of this Chapter, including those for generators of
				universal waste, central accumulation facilities, and consolidation
				facilities.
C. An owner or operator
				of a recycling facility as defined in Section
				4(N) of this Chapter
				which accepts universal waste imported from a foreign country is subject to the
				hazardous waste facility requirements of 06-096 C.M.R. ch. 854, 06-096 C.M.R.
				ch. 855, and 06-096 C.M.R. ch. 856.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-1 - Legal Authority

Current through 2024-29, July 17, 2024
This rule is authorized by and adopted under
				   38 M.R.S.A.,
				  Sections343-A,
				  361,
				  481 -
				  488,
				  541
				  -
				  557, and
				  1301,
et seq
.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection to provide effective controls for the management of waste oil so as
				  to insure the protection of public health, safety and welfare, and the
				  environment. The Legislature has found that "...substantial quantities of waste
				  oil are contaminated by hazardous waste and that waste oil, if not properly
				  handled, is a threat to the public health, safety and welfare and to the
				  environment...' The Legislature, therefore, has authorized the regulation and
				  licensing of waste oil handling and the inclusion of waste oil within coverage
				  of the Maine Hazardous Waste Fund. This rule establishes the administrative
				  procedures necessary to implement the intent of the
				  Legislature.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-4 - Identification of Waste Oil

Current through 2024-29, July 17, 2024
A. Waste oil
				includes, but is not limited to, the following petroleum based oils (used or
				unused) which have become unsuitable for their original purpose due to the
				presence of impurities or loss of original properties.
(1) automotive crankcase and lubricating
				oils;
(2) industrial lube oils
				including metal working oils, railroad and marine oils and turbine lubricating
				oils;
(3) industrial non-lube oils
				including hydraulic, transmission, quenching oils and non-PCB (less than 50
				ppm) transformer oils;
(4) oil
				recovered from oil tank cleaning operations and deballasting
				operations;
(5) oil spilled to land
				or water.
Exclusions:
The following materials are not waste oil for the purpose of
				  this rule:
(1) oily waste debris
				generated from the clean-up of oil spills;
(2) water generated from oil/water separation
				processes at a waste oil facility.
(3) mineral spirits having a flash point less
				than 60[DEGREE] C (140[DEGREE] F).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-5 - Sampling and Analysis of Waste Oil

Current through 2024-29, July 17, 2024
A. A waste oil
				dealer is responsible for determining the quality of the waste oil which he
				offers for sale.
B. The owner or
				operator of a waste oil storage facility shall have all waste oil which he
				offers for sale sampled and analyzed in accordance with methods and procedures
				acceptable to the Department (See Appendix I for guidance).
C. The waste oil shall be analyzed, at a
				minimum, for the parameters set forth in Sections 4B and 4C of this
				rule.
D. In lieu of sampling and
				analyzing each shipment, a waste oil dealer may propose in his license
				application to analyze and certify individual tank batches. Under such a plan,
				if approved by the Board, each batch shall be assigned a batch number. After
				the tank batch has been sampled and analyzed, no additional waste oil shall be
				added to the tank until the entire contents of the tank have been distributed.
				The waste oil contained in each tank shall not be sold or distributed unless
				and until analysis indicates that the waste oil meets the standards set forth
				in Sections 4B or 4C.
Additional waste oil may be added to a tank if a new batch
				  number is assigned and the waste oil re-sampled and analyzed before any waste
				  oil is distributed from the tank.
In addition, a duplicate sample of each tank batch shall be
				  taken and labeled so as to indicate the batch number, the sample date, the tank
				  from which it was taken, and the same of the sampler. Such samples shall be
				  maintained by the facility in a dark, cool, secure environment, for a minimum
				  of sixty (60) days and samples shall be made available to the Department of
				  Environmental Protection upon request.
E. Laboratory analyses shall be performed
				prior to delivery of the waste oil to the end user. The owner or operator of a
				waste oil storage facility shall not offer for sale any waste oil that does not
				meet the standards set forth in either Section 43 or 4C of this rule.
F. Records of all analyses performed and any
				other assurances of compliance shall be retained by the waste oil dealer at his
				place of business for a period of not less than three (3) years. The period of
				retention of records is extended automatically during the course of any
				unresolved enforcement action regarding the regulated activity or as requested
				by the Commissioner.
G.Such records
				shall be made available to the Department or the Office of the Attorney General
				upon request.
H. The Department
				reserves the right to retain agents to obtain waste oil samples for analysis
				from waste oil dealers at any time.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-6 - Persons Who Must Apply for and Obtain a License

Current through 2024-29, July 17, 2024
A. Any person, including a generator, who
				proposes to transport greater than 1,000 gallons of waste oil per calendar
				month for the purpose of resale is a waste oil dealer. Prior to transporting
				waste oil, such persons must apply for and obtain a waste oil transporter
				license.
B. Any person who proposes
				to own or operate a waste oil storage facility as a waste oil dealer must,
				prior to establishment, construction or operation of the facility, apply for
				and obtain a waste oil storage facility license.
C. Any person who on the effective date of
				this rule owns or operates a waste oil storage facility or transports waste oil
				as a waste oil dealer must apply for and obtain the appropriate waste oil
				license(s). Such persons must notify the Department in writing of their waste
				oil activities within 30 calendar days of the effective date of this rule and
				shall provide information concerning their waste oil activities as required by
				the Department.
(1) Transporters must apply
				for a license within sixty (60) days of the date of enactment of this
				rule.
(2) The Department shall give
				written notice to the owner or operator of a storage facility of the date upon
				which his application is due. Such date shall not be earlier than ninety (90)
				days from the date of the notice. No person shall operate a storage facility
				after the due date of his application unless the application has been filed.
				The conditions of the facility license shall specify a reasonable compliance
				schedule for upgrading the existing facility to the design details featured in
				the application and approved by the Board. Operational requirements must be
				complied with upon the effective date of the license.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-7 - Persons Not Required to Obtain a License

Current through 2024-29, July 17, 2024
A.
				Persons who collect or store waste oil on the site of generation are not waste
				oil dealers and are not required to obtain a storage facility
				license.
B. Persons who transport,
				collect or store less than 1,000 gallons of waste oil per calendar month are
				not waste oil dealers and are not required to obtain waste oil transporter or
				storage facility licenses.
C. A
				registered motor vehicle which is used to both collect and temporarily store
				waste oil during the course of transporting the waste oil from the initial
				point of collection to either a licensed storage facility or the point of
				ultimate disposition is a conveyance and not a storage facility.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-8 - Transporter License Application Requirements

Current through 2024-29, July 17, 2024
A.
General Information
(1) Application for a transporter license
				shall be made on a form obtained from and filed with:
State of Maine
Department of Environmental Protection
Bureau of Remediation and Waste Management
State House Station #17
Augusta, Maine 04333
NOTE: Applicants are encouraged to contact the Bureau at
				  (207) 287-2651 for assistance and information prior to filing an
				  application.
(2) A
				transporter who is an operator of a conveyance may apply for a license to cover
				himself as an operator and all conveyances which he either owns or leases for
				the purpose of waste oil transport. Where such an application is made and a
				single license issued, a license certificate must be obtained from the
				Department for the operator and for each conveyance covered by the
				license.
(3) A transporter which is
				a business that engages in the transportation of waste oil may apply for a
				transporter license to cover all locations of the business; all conveyances
				owned, leased or otherwise controlled by the business and used for the
				transportation of waste oil; and all operators of such conveyances employed by
				the business.
Where such an application is made and a single license
				  issued, a license certificate must be obtained from the Department for each
				  business location, each conveyance and each operator covered by the
				  license.
(4) An applicant
				or licensee shall immediately notify the Department of any change in
				circumstance or situation which changes or will change any information stated
				on his application. An oral notification shall be followed by written
				notification to the Department within ten (10) calendar days of the date of
				change.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-9 - Transporter License

Current through 2024-29, July 17, 2024
A.
Decisions
(1) If an application is
				complete and the granting of the license will not cause or contribute to a
				violation of law or rule, the Department may issue a license, with or without
				special conditions.
(2) Prior
				revocation of a license issued pursuant to this rule or of any other license,
				permit, certification or other approval for the handling of waste oil issued by
				this or any other state or by a federal agency shall constitute prima facie
				evidence that issuance of a license under this rule would cause or contribute
				to a violation of law or rule. The applicant may overcome such evidence if he
				can present to the Department evidence of changed conditions or circumstances
				which, in the Department's judgment, is sufficient to warrant a finding that
				the license should be granted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-10 - Waste Oil Storage Facility Standards

Current through 2024-29, July 17, 2024
A.
Applicability of the Site Location of Development Law.
The criteria for
				approval of a permit application pursuant to 38 M.R.S.A., Section481
et
				seq
., Site location of Development Law, shall apply to an application
				for a waste oil storage facility license under this rule. The findings and
				conclusions required to be made for issuance of a permit under the Site Law
				must be made for issuance of a license under this rule.
B.
Rebuttable Presumption
(1) A waste oil storage facility located in
				the following areas is presumed to pose a serious threat to public health or
				welfare or to the environment such that a license for a facility cannot be
				issued. The presumption applies if:
(a) The
				facility or facility property overlies any portion of a surface or subsurface
				sand and gravel aquifer or its primary recharge zone or a high yield bedrock
				aquifer; or
NOTE: Maps of significant sand and gravel aquifers are
				  available for portions of the State from the Maine Geological Survey,
				  Department of Conservation, Augusta.
(b) The facility or facility property is
				located within 1,500 feet of any underground source of public drinking water or
				within 1,000 feet of any source of potable water for people or livestock;
				or
(c) The facility property is
				located on land defined as a wetland under statutes or regulations administered
				by the following Departments: Environmental Protection, Conservation (Land Use
				Regulation Commission-LURC), Inland Fisheries & Wildlife, Marine Resources
				or the State Planning Office; or
(d) The facility or facility property is
				located within 100 feet of any 100 year flood plain so designated by the
				Federal Insurance Agency or within 100 feet of the level of any documented
				flood of a greater magnitude; or
(e) The facility or facility property is
				located such that it may pose a threat to the fisheries, wildlife or other
				natural resources of a sanctuary, refuge, preserve, state or federal park,
				designated wilderness area, critical area or fish hatchery; or
(f) The facility property is located within
				the boundaries of a state or federal park or designated-wilderness
				area.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-12 - Waste Oil Storage Facility License

Current through 2024-29, July 17, 2024
A.
Decisions
(1) In accordance with the
				statutory and regulatory requirements for the processing of applications, the
				Board shall within a reasonable period of time after the acceptance of an
				application order a public hearing on the application or propose to:
(a) Approve the application with standard
				conditions only and set forth, in writing, its findings that the applicable
				statutory and regulatory criteria are met with a sufficient explanation to make
				interested persons aware of the basis for the approval;
(b) Approve the application, subject to
				standard and special conditions and set forth, in writing, its findings that
				the applicable statutory and regulatory criteria are met with a sufficient
				explanation to make interested persons aware of the basis for the approval;
				or
(c) Deny the application and set
				forth, in writing, its findings with a sufficient explanation to make
				interested persons aware of the basis for disapproval.
If a public hearing on the application is held, the Board
				  shall propose a decision under (1), (2) or (3) above within a reasonable time
				  after the conclusion of the hearing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-13 - Manifests, Recordkeeping and Reporting Requirements

Current through 2024-29, July 17, 2024
All waste oil dealers, transporters as well as owners and
				  operators of storage facilities, are required to maintain a record of all waste
				  oil transactions.
A.
Transporter.
A transporter must maintain a log of all waste oil
				collected from generators. The log must contain at least the following
				information on each shipment:
(1) Name,
				address, and license number of the waste oil transporter.
(2) The date of receipt of the waste
				oil.
(3) The name and address of
				each generator from whom waste oil was received.
(4) The quantity and a general description
				(e.g., automotive crankcase) of the waste oil collected from each
				generator.
(5) The name and address
				of the facility to which the waste oil was delivered.
(6) The signature of the operator of the
				receiving facility indicating that the waste oil has been received.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-14 - Fee on Waste Oil

Current through 2024-29, July 17, 2024
A.
Transporter.
Each licensed waste oil transporter shall pay a fee to the
				Maine Hazardous Waste Fund of 1 cent per gallon on all waste oil collected from
				a generator.
Amount (gallons) of waste oil collected from generator x .01
				  = Fee
B.
Waste Oil
				Storage Facility Operator.
The operator of a waste oil storage facility
				shall pay to the Maine Hazardous Waste Fund a fee of 1 cent per gallon on all
				waste oil which he either:
(1) receives
				directly from a waste oil generator, or
(2) receives from a transporter who is not a
				waste oil dealer:
(Amount from generators + amount from non-dealer
				  transporters) x .01 = Fee
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-15 - Transportation of Waste Oil Into Maine

Current through 2024-29, July 17, 2024
A.
Fee.
The person who first transports waste oil into Maine from
				out-of-state shall pay to the Maine Hazardous Waste Fund a fee of 2 cents per
				gallon on each gallon of waste oil transported into Maine. The Commissioner may
				waive up to 50% of the fee if the state from which the waste oil is transported
				to Maine observes the same reciprocity with respect to waste oil transported to
				that state from Maine.
B.
Manifest
All waste oil transported into Maine from out-of-state,
				  whether destined for a waste oil storage facility or an end-user, must be
				  accompanied by a manifest.
C.
Composition.
All waste oil
				transported into Maine must have been analyzed for the parameters set forth in
				Sections 4B and 4C of this rule and must meet the standards for waste oil. The
				results of this analysis must be recorded on the Uniform Hazardous Waste
				Manifest under Item J, "Additional Descriptions."
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-16 - Advisory Ruling

Current through 2024-29, July 17, 2024
All requests for advisory rulings on the applicability of the
				  waste oil statute to particular situations shall be based upon existing facts
				  and not upon hypothetical situations. Such requests shall be made in writing
				  and addressed to Bureau of Remediation and Waste Management, Department of
				  Environmental Protection, State House Station 17, Augusta, Maine 04333.
				  Issuance of advisory rulings is discretionary with the Department on a
				  case-by-case basis.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Section 096-860-17 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this rule be declared invalid or
				  ineffective by court decision, the decision shall not invalidate any other
				  provision of this rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 860 - WASTE OIL MANAGEMENT RULES › Appendix 096-860-I - Methods for the Sampling and Analysis of Waste Oil

Current through 2024-29, July 17, 2024
The Waste Oil Management Rule requires that waste oil be
				  analyzed for a number of parameters in order to determine its suitability for
				  resale. In the absence of EPA standard methods for the analysis of waste oil,
				  the Department is providing a list of acceptable procedures. These procedures
				  provide a reasonable starting point for anyone attempting to characterize a
				  waste oil sample. If anyone wishes to use a method which is not listed, the
				  method must be fully documented with a complete description of the procedure,
				  its accuracy and precision and a list of applicable references; and it must be
				  approved by the Department.
Sampling
ASTM D270 "Standard Method of Sampling Petroleum and
				  Petroleum Product (Bottle Sampling Method)"
Flash Point
ASTM D93 "Flash Point by Pensky-Martens Closed Tester"
Metals
ASTM D2788 Atomic Absorption Method. Sample preparation
				  should include ashing of the sample.
PCBs
"Method for the Determination of PCBs in Transformer Fluid
				  and Waste Oils," Thomas Bellar and James Lichtenberg, EPA Environmental
				  Monitoring and Support Laboratory, Cincinnati, Ohio. December, 1981. The method
				  includes weighing of the sample followed by gas chromatography using an
				  electron capture detector.
Total Halogens
ASTM D808 "Chlorine in New and Used Petroleum Products (Bomb
				  Method)"
ASTM D1317 "Chlorine in New and Used Lubricants (Sodium
				  Alcoholate Method)"
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this rule is to reduce mercury emissions to
				  the environment through labeling of mercury-added products. Product labeling is
				  expected to reduce mercury emissions by enabling consumers and solid waste
				  workers to readily identify the products so they can be properly managed in
				  accordance with the disposal ban under
				   38 MRSA
				  §1663 and the source separation
				  requirement under
				   38 MRSA
				  §1664.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-2 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule, have the following
				  meanings:
A.
Button
				battery.
"Button battery" means a battery resembling a button or coin in
				size and shape.
B.
Department.
"Department" or "DEP" means Department of Environmental
				Protection.
C.
IMERC.
"IMERC" means the "Interstate Mercury Education and Reduction Clearinghouse" as
				constituted under the auspices of the Northeast Waste Management Officials'
				Association. The department, as authorized under 38 MRSA §1671, has joined
				in the formation of this regional, multistate clearinghouse to coordinate
				administration of state laws on mercury-added products. IMERC is authorized by
				its member states to serve as a single point of contact for manufacturers
				seeking to comply with these laws.
D.
Manufacturer.
"Manufacturer"
				means a person who produces a mercury-added product or an importer or domestic
				distributor of a mercury-added product produced in a foreign country. In the
				case of a multi-component mercury-added product, the last person to produce or
				assemble the product is a manufacturer. If a multi-component product is
				produced in a foreign country, the importer or domestic distributor is the
				manufacturer.
E.
Mercury-added product
. " Mercury-added products" means any of the
				following items if mercury or a mercury compound is intentionally added during
				formulation or manufacture of the item to provide a specific characteristic,
				appearance or quality, or to perform a specific function:
(1) A thermostat or thermometer;
(2) A switch, valve or other device,
				individually or as part of another product, used to measure, control or
				regulate gas, other fluids or electricity;
(3) A medical or scientific instrument such
				as a manometer, sphygmomanometer or barometer;
(4) An electric relay or other electrical
				device; and.
(5) A lamp.
The term "mercury-added product" does not include a button
				  battery or a product in which one or more button batteries are the only
				  mercury-added components.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-3 - Labeling required

Current through 2024-29, July 17, 2024
After January 1, 2002, a manufacturer or retailer may not
				  sell a mercury-added product in Maine unless the manufacturer does one of the
				  following:
A.Labels the product in
				accordance with the standards set forth in sections 5 and 6 of this
				rule;
B.Conforms to the terms of an
				approved alternative compliance plan under section 7; or
C.Documents under section 8 that the product
				is labeled in a manner consistent with corresponding labeling requirements
				enacted by another state.
A retailer may not be found in violation of this requirement
				  if the retailer lacked knowledge that the product contained mercury.
NOTE:
A person who sells mercury-added lamps in
				  bulk for use in industrial, commercial or office buildings must inform the
				  purchaser in writing, on the sales invoice or in a separate document, that the
				  lamps contain mercury and must be managed as hazardous waste in accordance with
				  the requirements of the Maine Hazardous Waste Management Rules. This
				  requirement is in addition to the labeling requirement of this rule. Visit the
				  department website at www.maine.gov/dep/rwm/hginvoice.htm for guidance on the
				  wording of the notice.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-4 - Labeling of motor vehicle components

Current through 2024-29, July 17, 2024
The requirement of section
				  3 does not apply to mercury-added
				  products that are components in motor vehicles sold before July 15, 2002.Each
				  new motor vehicle sold on or after that date must have a label listing the
				  mercury-added products that may be components in the vehicle. The label must be
				  affixed in a visible location on the doorpost of the driver's compartment (and
				  not on the door itself) unless a different location is proposed by the
				  manufacturer and approved by the department under section
				  7 or by another state under section
				  8. The label wording and font size
				  also must be approved by the department or another state. In approving an
				  alternative compliance plan for motor vehicles under section
				  7, the department may not require a
				  label to be affixed to individual mercury-added components unless proposed by
				  the manufacturer.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-5 - Labeling standards

Current through 2024-29, July 17, 2024
Prior to sale of a mercury-added product, the manufacturer of
				  the product shall affix or cause to be affixed a label that conforms to the
				  requirements of this section.
A. The
				label must clearly inform the purchaser and consumer, using words or symbols,
				that the product contains mercury and may not be disposed of or placed in a
				waste stream destined for disposal until the mercury is removed and reused,
				recycled or otherwise managed to ensure that mercury does not become part of
				solid waste or wastewater. The following wording is acceptable:
Contains Mercury. Don't Put in Trash. Recycle or Manage
				  as Hazardous Waste.
B. The label must be affixed to the product
				such that the label is clearly visible and legible. A label printed using 10
				point font or larger is presumed to be legible.
C.Labels affixed to products must be printed,
				mounted, molded, engraved or otherwise affixed using materials that are
				sufficiently durable to remain legible for the useful life of the
				product.
D.If the product is sold
				in packaging that obscures the label on the product, then the packaging also
				must be labeled. If, prior to sale, a retailer re-packages the product, then
				the retailer shall label the new packaging in accordance with this
				chapter.
E.Where the purchaser or
				recipient is unable to view the labels on the product or product packaging at
				the time of purchase or receipt, such as in catalog sales transactions that
				occur over the internet or telephone, the manufacturer or retailer shall, prior
				to sale or distribution, clearly inform the purchaser or recipient that the
				product contains mercury.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-6 - Mercury-added component parts

Current through 2024-29, July 17, 2024
Except as otherwise provided in section
				  4, mercury-added products that are
				  components of larger products offered for sale in Maine must be labeled in
				  accordance with the requirements of this rule. If the component is enclosed in
				  the larger product such that the label on the component cannot be seen, then
				  the product containing the component also must be labeled in accordance with
				  the requirements of this rule and the label must identify the component in
				  sufficient detail so that it may be readily located for removal. If the
				  component is incorporated in the larger product such that the label on the
				  component is fully visible, then labeling of the larger product is not
				  required.
This section does not apply to a mercury-added product in
				  which the only mercury-added component is one or more lamps. This section also
				  does not apply to a mercury-added lamp that is a component of a larger product
				  if the product is designed such that the lamp is not readily replaced by the
				  product user and is not intended to be replaced by the user.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-7 - Alternative compliance plan

Current through 2024-29, July 17, 2024
A manufacturer may apply to the department for approval to
				  carry out an alternative compliance plan in lieu of compliance with the
				  requirements of sections
				  5 and
				  6.
A.
Application.
An application
				for approval of an alternative compliance plan must be in writing and must:
(1) Identify the requirement or requirements
				(e.g. font size; placement of the label directly on the product) for which
				alternative compliance is proposed;
(2) Describe the proposed alternative and
				explain the justification for it;
(3) Describe how the alternative ensures that
				purchasers or recipients of mercury-added products are made aware of mercury
				content prior to purchase or receipt;
(4) Describe how a person discarding the
				product will be made aware of the need for proper handling to ensure that it
				does not become part of solid waste or wastewater;
(5) Document the readiness of all necessary
				parties to implement the proposed alternative; and
(6) Describe the performance measures to be
				used by the manufacturer to demonstrate that the alternative is providing
				effective pre-sale and pre-disposal notification.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 870 - LABELING OF MERCURY-ADDED PRODUCTS › Section 096-870-8 - Consistency with other states

Current through 2024-29, July 17, 2024
The manufacturer of a mercury-added product may comply with
				  the labeling requirement of Maine law under
				   38 MRSA
				  §1662(1) by labeling
				  all units of the product sold in Maine in compliance with corresponding
				  requirements adopted by another state. A manufacturer may comply with section
				  1662(1) in this manner by providing the department with the following:
A.A copy of the label as it will appear on
				products and product packaging sold in Maine;
B.A copy of the letter approving the use of
				the label in another state;
C. A
				copy of the application or labeling plan approved by that state; and
D. If the approved labeling plan includes
				state-specific elements such as telephone numbers, statutory references,
				manufacturer financing or public outreach measures, a description of the
				adjustments that will be made to implement the plan in Maine.
Submittal of these documents to the department constitutes
				  compliance with section 1662(1) unless, within 30 days of receipt, the
				  department notifies the manufacturer that the label or labeling alternative
				  violates Maine law and explains in writing the nature of the violation.
NOTE:
Contact IMERC at
				  newmoa.org/prevention/mercury/imerc, or call (617) 367-8558, for guidance on
				  complying with state requirements for the labeling of mercury-added
				  products.