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ECAR Fact Sheet for Maine
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment.

In 1979, the Maine Legislature enacted the Maine Hazardous Waste, Septage and Solid Waste Management Act. This Act directed the State of Maine Department of Environmental Protection (ME DEP) to issue State regulations for the safe management and transportation of hazardous wastes. These rules built upon the minimum Federal rules, tailoring them to Maine's environment and strong reliance on groundwater for drinking water. These rules are called the Maine Hazardous Waste Management Regulations, Chapters 850 through 857.

The Maine Department of Environmental Protection (DEP) has authorization to implement its own RCRA program at the state level. Maine’s RCRA rules are in some cases, stricter than the federal regulations.

The ME DEP has prepared a guidance document to help auto recyclers manage hazardous waste. Much of the information is included in the fact sheet below or you can click on the document and find more information on managing hazardous wastes.

To comply with Maine’s hazardous waste requirements, you must follow the steps below:

  1. Determine whether any hazardous waste is generated.
  2. Determine your facility’s generator status.
  3. Determine which regulations must be complied with depending upon your facility’s generator status, and comply with those requirements.

Regulations

Definition of Solid Waste. In order for a waste to be considered a hazardous waste, it must first meet the definition of solid waste. The term “solid waste” can be somewhat misleading. The word “solid” does not refer to the physical state of the waste. Solid waste can be a solid, liquid, or contained gas. Under the hazardous waste rules, a solid waste is any material that will no longer be used for its original intended purpose, or a material that must be reclaimed before reuse. You will need to look at each of the waste streams generated (e.g., antifreeze, used oil, solvents, etc.) and determine whether it is a solid waste. Note that not all solid wastes are considered hazardous wastes. Certain solid wastes, such as used oil destined for recycling, are excluded from the hazardous waste rules.

Hazardous Waste Determination. It is the responsibility of all solid waste generators to determine whether their waste is hazardous. The procedure for this is called a “hazardous waste determination.”  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

Wastes can be hazardous if they are either “listed” or “characteristic”, or if they are a mixture of a listed hazardous waste and other wastes.

A. Listed wastes. Your wastes may be listed as hazardous wastes. There are five categories of listed hazardous waste, including, non-specific sources, specific sources, commercial chemical products, intermediates or off-specification products (includes acute and non-acute wastes, and polychlorinated biphenyls (PCBs)

B. Characteristic wastes. If your waste exhibits any of the following four characteristics, it is a hazardous waste:

  • Ignitability (waste code D001): The waste is a liquid and has a flash point of less than 140°F, or the waste is an ignitable compressed gas, or the waste is an oxidizer. Examples are solvents and paint thinners.
  • Corrosivity (waste code D002): Aqueous liquid with a pH less than or equal to 2.0, or greater than or equal to 12.5. Examples are acids and caustics.
  • Reactivity (waste code D003): The waste is reactive with water, shock, heat pressure, or the waste reacts to give off toxic gases, or the waste is unstable and reacts rapidly or explosively. Examples are peroxides, cyanides, perchlorates.
  • Toxicity Characteristic Leaching Procedure (TCLP) (waste codes D004-D017*): This category includes wastes that leach more than a specified amount of heavy metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver) or one of six (6) pesticides. An example is lead paint chips that leach more than 5.0 mg/l of lead under specific laboratory conditions. (*The federal regulations include 26 additional constituents as D018-D043 wastes.)

C. Mixtures of listed wastes and other wastes.  A mixture containing a non-hazardous solid waste and any amount of a listed hazardous waste is considered a hazardous waste. For example, if a pint of spent solvent such a toluene or benzene (an F005 listed hazardous waste) is mixed with a 55 gallon drum of waste antifreeze, the entire mixture (e.g., 55 gallons plus one pint) is considered a hazardous waste (as opposed to only one pint being a hazardous waste had the two wastes not been mixed). Hence, it is very important to keep wastes segregated. Not only is it better for the environment, but it will reduce disposal costs (it’s more expensive to dispose of hazardous waste than it is solid waste).

D. Universal Wastes.  Universal wastes have fewer waste management rules that apply to them. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state’s universal waste requirements.

Generator Status. If you manage hazardous waste, you must determine your generator status. Your facility will fall under one of these three classifications.

  • Small Quantity Generator (SQG). You are considered an SQG if you generate less than 100 kilograms of hazardous waste* per month. 100 kilograms (kg) = 220 pounds (approximately 27 gallons or ˝ drum, based on the weight of water); AND accumulates a total of no more than 55 gallons (1 drum) of hazardous waste* on site at any one time. SQGs have the fewest regulatory requirements.
  • Small Quantity Generator Plus (SQG Plus) (1 to 3 drums). You are considered a SQG Plus if you generate less that 100 kilograms of hazardous waste* per month (approximately 27 based on the weight of water); AND accumulate one to three drums, but no more that 600 kilograms (1320 pounds) of hazardous waste* on site at any one time. SQG Pluses have extra regulatory requirements in addition to those that SQGs must comply with.

  • Large Quantity Generator (LQG). You are considered an LQG if you generate more than 100 kg per month; OR accumulate more that 600 kg of hazardous waste* on site at any one time. Large Quantity Generators have the most regulatory requirements.

Complying with Hazardous Waste Rules. Once you have determined whether you generate hazardous waste and your generator status, you can determine which requirements apply to you. See Maine’s Handbook for Hazardous Waste Generators for more details

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste management.

Maine’s Hazardous Waste Management Requirements

Federal EPA Standards Applicable to Generators of Hazardous Waste


Contacts

  1. For more information, contact the ME DEP, Office of Remediation and Waste Management at 207-287-2651.

  2. To report a spill or leak of hazardous waste, call the ME DEP 24-hour hotline at 800-452-4664. To report an oil spill, call the 24-hour hotline at 800-482-0777. For more detailed spill response procedures, access the ME DEP’s Emergency and Spill Response website.

  3. To report an environmental incident or complaint, contact the nearest regional office.

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