06-096-858 Me. Code R. § 7

Current through 2024-44, October 30, 2024

Section 096-858-7 - Generator Standards

All generators of universal wastes shall comply with either the full Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 through 857 or the following alternative generator standards.

A. Determine whether the waste generated is hazardous in accordance with Section 5 of 06-096 C.M.R. ch. 851 and, pursuant to 38 M.R.S. §1663 determine that all mercury containing lamps are a universal waste;

NOTE: All mercury containing lamps are universal wastes as required by statute, regardless of TCLP test results.

B. Determine whether the waste is a universal waste under Section 4(P) 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, 06-096 C.M.R. chs. 850 through 857.

C. Properly track the universal waste via a manifest, Recyclable Hazardous Material Uniform Bill of Lading, or the log system in accordance with 06-096 C.M.R. ch. 857;

D. Utilize a licensed transporter in accordance with 06-096 C.M.R. ch. 851, §7 or a common carrier in accordance with 06-096 C.M.R. ch. 853, § 10(B);

E. Transport or offer for transport, universal waste only to a facility authorized to handle the waste under a state program, and which is authorized to handle the waste under the federal hazardous waste regulatory program, if applicable, and which is one of the types of facilities named in Section 5(B) of this Chapter;

F. Store all universal waste in containers. Containers must not show evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. The containers must be closed, structurally sound, compatible with the content of the waste, and must not be leaking, spilling, dented or damaged such that it could cause leakage under reasonably foreseeable conditions;

G. 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 Maine Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 through 857, except that waste and residues from incidental breakage of 10 or less CRTs or lamps as a result of an accidental event may still be managed as a universal waste;

H. 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 MaineHazardous Waste Management Rules, 06-096 C.M.R. chs. 850 through 857, including generator accumulation time limit, storage and disposal standards, and count this waste toward the determination of hazardous waste generator status;

I. Train all employees and contractors who handle or have responsibility for managing universal wastes on proper handling and emergency procedures. Maintain the documentation of employee and contractor training. The documentation must include the name of the person receiving the training, the date of the training and the information covered during the training;

J. 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 waste containers and descriptions of actions taken to address any problem discovered during the inspection. The number of universal wastes (i.e., number of lamps, thermostats, individual architectural paint original containers) must be maintained onsite;

NOTE: The generator may find the inspection log to be the easiest way to keep track of the number of universal wastes onsite.

K. Store universal waste in a secured area which can be locked when not in use;

L. Label each universal waste container or collection container with an accumulation start date and the date the container becomes full;

M. Store universal wastes for no more than one year from the date the waste is first placed in the container or collection container. A generator may store waste for more than one year only if the generator stores the waste for no more than 90 days from the date the container or collection container becomes full when the activity is solely for the purposes of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. The handler bears the burden of proving that such activity was solely for the purposes of accumulation of such quantities as necessary to facilitate proper recovery, treatment or disposal. For the purposes of the accumulation of the following waste in collection containers no larger than the following capacities, the accumulation time of 90 days from the collection container full date is deemed "necessary to facilitate proper recovery, treatment or disposal":

(1) Architectural paint - container of 5 gallons or less;

(2) Cathode Ray Tubes - no larger than a single gaylord container;

NOTE: A gaylord container is typically a 4'x4'x4' container that will typically contain 24 CRTs.

(3) Lamps - no larger than a 190-bulb capacity container;

(4) Mercury Thermostats - container of no larger than 30 gallons;

(5) Mercury Devices - containers of no larger than 55 gallons; and

(6) Motor Vehicle Mercury Switches - containers of no larger than 5 gallons.

Motor Vehicle Mercury Switches must be shipped off site at least every three years regardless of whether the quantity accumulated reaches the capacity limit identified in this subsection.

NOTE: This universal waste in storage will not be considered part of your hazardous waste accumulation for the purpose of your generation status.

N. Store universal waste containers or collection containers, with adequate aisle space to be able to inspect the condition of the containers and collection containers and determine the accumulation start dates and container and collection container full dates;

O. Comply with the export and import requirements of 40 C.F.R. Part 262 Subpart H and 40 C.F.R. §260.11(g) and obtain, prepare and use a manifest or electronic manifest in compliance with the requirements of 06-096 C.M.R. ch. 857. Copies of all notices, reports, manifests and other documents filed with the EPA in accordance with the requirements of Subpart H, including those of 40 C.F.R. §§262.83(b), 262.83(g), 262.83(h), and 262.84(b), must be filed with the Department. In addition:

(1) The terms "AES compliance filing date", "CRT exporter", "electronic import-export reporting compliance date" and "recognized trader" are defined in 40 C.F.R. §260.10;

(2) Universal waste CRTs (i.e., intact, unbroken CRTs) are subject to the export notification and recordkeeping requirements of 40 C.F.R. §261.41;

(3) Availability of information; confidentiality of information:

(a) No claim of business confidentiality may be asserted by any person with respect to information contained in CRT export documents prepared, used and submitted under 40 C.F.R. §§261.41(a) and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under 40 C.F.R. §§262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71, whether submitted electronically into EPA's Waste Import Export Tracking System (WIETS) or in paper format;

(b) EPA will make any CRT export documents prepared, used and submitted under 40 C.F.R. §§261.41(a) and any hazardous waste export, import, and transit documents prepared, used and submitted under 40 C.F.R. §§262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 available to the public under this section when these electronic or paper documents are considered by EPA to be final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related CRT exports or hazardous waste exports, imports, or transits occur.

P. Generators that accumulate more than 4,000 motor vehicle mercury switches or 200 other items of universal wastes at any one time or in any given month shall notify the Department of the handling of universal wastes and receive an EPA Identification Number, unless the generator has previously notified the Department and the site has been previously assigned an EPA Identification Number. Alternatively, generators that handle less than 40 tons of cathode ray tubes or 5,000 kg of other universal wastes are required to notify the Department but may do so on a state waste notification form provided by the Department in lieu of notifying EPA using the EPA form. This notification must include the specific type of universal wastes handled by the generator. The requirement of an EPA Identification Number for those that generate or accumulate only universal waste is intended as a registration provision and does not make other sections of the hazardous waste rules applicable unless other hazardous wastes are generated or accumulated;

NOTE: A generator may obtain an EPA identification number by applying to the Department of Environmental Protection, Bureau of Remediation and Waste Management, State House Station #17, Augusta, Maine 04333-0017 using EPA form 8700-12.

NOTE: A generator or central accumulation facility that meets the threshold in Section 7(P) of this Chapter but is not required to obtain an EPA identification number is required to notify the Department of its activities by submitting either a Notification of State Universal Waste Activities form or an EPA 8700-12 form to the Department of Environmental Protection at the above address.

Q.Reduced requirements for small universal waste generators

(1) A small universal waste generator may log information at the Central Accumulation facility or instate Consolidation facility in accordance with 06-096 C.M.R. ch. 857, §13(A);

(2) In lieu of Section 7(J) of this Chapter, a small universal waste generator shall keep track of the number of universal waste items onsite (i.e. number of lamps, thermostats);

NOTE: The Department recommends that the universal waste area is inspected when placing wastes in the area to ensure that the area is in compliance with the rules and to minimize exposures to toxic releases.

(3) A small universal waste generator is not required to notify the Department of this activity, as provided in 7(P) of this Chapter;

(4) A small universal waste generator shall maintain a copy of the log or a certificate of receipt from the receiving facility if transporting and using a log; and

(5) Records related to personnel training may be retained by the instate consolidation facility in lieu of a small universal waste generator as provided in 7(T) of this Chapter;

R.Ship universal waste

(1) Whole, intact, and unbroken except as authorized by the Department as incidental breakage;

(2) In proper packaging that includes closed containers that are compatible for the type and amount of waste and that meet the US DOT standards;

(3) Accompanied by a Recyclable Hazardous Material Uniform Bill of Lading, manifest, or log (as applicable); and

(4) Via a common carrier or licensed hazardous waste transporter, or if operating as a small universal waste generator, the small universal waste generator may self-transport its universal waste in accordance with the universal waste transporter requirements of 06-096 C.M.R. ch. 853 § 11;

S. Comply with the Recyclable Hazardous Material Uniform Bill of Lading, manifest or log requirements of 06-096 C.M.R. ch. 857;

NOTE: An instate small universal waste generator and an instate central accumulation facility are allowed to use the log in lieu of the manifest or bill of lading provided they are transporting to an instate consolidation facility.

T. Retain the following records at the generator facility, the central accumulation facility, and the consolidation facility (where applicable);

(1) Inspection logs for at least one year from generator's shipment or facility's receipt of the universal waste;

(2) Documentation of employee or contractor training for at least three years from the date of generator shipment or facility receipt of the universal waste or for the length of employee service whichever is greater. An instate consolidation facility may maintain the record of training for small universal waste generators and central accumulation locations on behalf of these entities; and

(3) Recyclable Hazardous Materials Uniform Bill of Lading, or manifest, or log for at least three years from the date of shipment or receipt of the universal waste;

U. Submit the following information to the Department:

(1) The original Recyclable Hazardous Materials Uniform Bill of Lading or proper manifest copies within 7 days of shipment; and

(2) The quarterly universal waste report from the consolidation facility in accordance with the provisions of 06-096 C.M.R. ch. 857, §13(C)(2);

V. In addition to Sections 5, 6, and 7(A) through (U) of this Chapter, cathode ray tubes (CRT) must also be managed in accordance with the following requirements:

(1) Pack CRT in containers, boxes, gaylord, or another acceptable container method approved by the Department that will contain any breakage. CRTs must have packing materials adequate to prevent breakage during storage, handling and transportation;

(2) Seal securely, such as with tape, around the box openings of all full boxes and immediately if incidental breakage should occur;

(3) Do not stack containers or boxes of CRT's more than five feet in height;

(4) Store CRT's in an inside, dry area not exposed to weather;

(5) Mark the container or box with the words "Waste Cathode Ray Tube"; and

(6) Designate each waste CRT storage area by a clearly marked sign which states "Waste Cathode Ray Tube Storage" or Universal Hazardous Waste Storage";

W. In addition to Sections 5, 6 and 7(A) through (U) of this Chapter, lamps must also be managed in accordance with the following requirements:

(1) Pack lamps in containers or boxes with packing materials adequate to prevent breakage during storage, handling, and transportation;

(2) Seal securely, such as with tape, around the box openings of all full boxes and immediately if incidental breakage should occur;

(3) Do not stack containers or boxes of lamps more than five feet in height;

(4) Store lamps in an inside, dry area not exposed to weather;

(5) Mark the container with the words "Waste Lamps"; and

(6) Designate each waste lamp storage area by a clearly marked sign which states "Waste Lamp Storage" or "Universal Hazardous Waste Storage";

X. In addition to Sections 5, 6 and 7(A) through (U) of this Chapter, mercury devices must also be managed in accordance with the following requirements:

(1) Pack mercury devices in rigid, sealable containers with packing materials adequate to prevent breakage during storage, handling, and transportation;

(2) Store mercury devices in an inside, dry area not exposed to weather;

(3) Mark the containers with the words "Waste Mercury Devices"; and

(4) Designate each mercury device storage area by a clearly marked sign which states "Waste Mercury Device Storage" or "Universal Hazardous Waste Storage";

Y. In addition to Sections 5, 6 and 7(A) through (U) of this Chapter, mercury thermostats must also be managed in accordance with the following requirements:

(1) Pack mercury thermostats in rigid, sealable containers with packing materials adequate to prevent breakage during storage, handling, and transportation;

(2) Store mercury thermostats in an inside, dry area not exposed to weather;

(3) Mark each container with the words "Waste Mercury Thermostats"; and

(4) Designate each waste thermostat area by a clearly marked sign which states "Waste Mercury Thermostat Storage" or "Universal Hazardous Waste Storage";

Z. In addition to Sections 5, 6 and 7(A) through (U) of this Chapter, motor vehicle mercury switches must also be managed in accordance with the following requirements:

(1) Pack switches in rigid, sealable containers with packing material adequate to prevent breakage during storage, handling, and transportation;

(2) Store switches in an inside, dry area not exposed to the weather;

(3) Mark the container with the words "Waste Motor Vehicle Switches";

(4) Designate each waste motor vehicle mercury switch storage area by a clearly marked sign which states "Waste Motor Vehicle Switch Storage" or "Universal Hazardous Waste Storage";

(5) A motor vehicle switch generator may accumulate 4,000 motor vehicle mercury switches before becoming a large universal waste generator. The 200 item limit would continue to apply to all other universal waste items; and

(6) In addition to Section 7(M) of this Chapter, a motor vehicle switch generator shall ship off its motor vehicle mercury switches at least every three years whether or not the container is full;

AA. In addition to Sections 5, 6 and 7(A) through (U) of this Chapter, totally enclosed, non-leaking PCB ballast must also be managed in accordance with the following requirements:

(1) Pack ballasts in rigid, sealable containers with packing materials adequate to prevent breakage during storage, handling, and transportation;

(2) Store ballasts in an inside, dry area not exposed to the weather;

(3) Mark containers with the words "Waste PCB Ballasts"; and

(4) Designate each waste ballast storage area by a clearly marked sign which states "Waste PCB Ballast Storage " or "Universal Hazardous Waste Storage";

BB. In addition to Sections 5, 6 and 7(A) through 7(U) of this Chapter, architectural paint must also be managed in accordance with the following requirements:

(1) Store the paint in its original closed non-leaking container of 5 gallons or less in size;

(2) Store container or collection container in an inside, dry area not exposed to the weather;

(3) Store the securely closed original paint containers within secondary containment to contain liquids in the event of a leak, and store away from storm drains and floor drains, and away from ignition sources; and

(4) Mark collection containers with the words "Waste Paint" or designate each waste storage area or container by a clearly marked sign which states "Waste Paint Storage" or "Universal Hazardous Waste Storage".

NOTE: In addition to the requirements contained in this Chapter, Architectural paint will also be subject to any requirements in an approved stewardship program plan.

06-096 C.M.R. ch. 858, § 7