Chapter 850: identification of hazardous wastes table of contents



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06-096 DEPARTMENT OF ENVIROMENTAL PROTECTION


Chapter 850: IDENTIFICATION OF HAZARDOUS WASTES
TABLE OF CONTENTS

Page


l. Legal Authority 1

2. Preamble 1

3. Definitions 1

4. Identification of Hazardous Wastes 2

A. General 2

(3) Definition of hazardous waste 2

(4) Exclusions 4

(5) Special requirements for hazardous waste generated by small quantity generators 9

(6) Special requirements for hazardous waste which is beneficially used or reused 11

(7) Residues of hazardous waste in empty containers 11

(8) The use of material which is contaminated or mixed with dioxin or any other

hazardous waste identified in Chapter 850, for dust suppression or road

treatment is prohibited. 12

(9) No fuel which contains any hazardous waste may be burned in any cement

kiln unless licensed under Chapter 856. 12

(10) Persons who generate, transport, or collect nonleaking spent batteries, or who store

nonleaking spent batteries but do not reclaim or intend to reclaim them are not

required to obtain a license for such a facility. 12

(11) Owners or operators of facilities that store spent batteries before reclaiming

them are required to obtain a license for such storage under Chapter 856. 12

(12) Delistings 12

(13) Special requirements for universal wastes 13

(14) Special requirements for certain batteries 14

B. Identification of hazardous wastes by characteristics 14

(1) General 15

(2) Characteristic of ignitability. 15

(3) Characteristic of corrosivity 16

(4) Characteristic of reactivity 16

(5) Characteristic of toxicity 17

C. Identification of hazardous wastes by particular substance, by chemical class or

as waste products of specific industrial activities 18

(1) General 18

(2) Hazardous wastes from nonspecific sources. 18

(3) Hazardous Wastes from specific sources 24

(4) Discarded commercial chemical products, offspecification species, container

residues, and spill residues thereof. 30

D. Criteria for designation of a hazardous waste as a universal waste 49
Table 1. Maximum Concentration of Contaminants for the Toxicity Characteristic 18

APPENDIX I: REPRESENTATIVE SAMPLING METHODS 51

APPENDIX II: METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP) 52

APPENDIX III: CHEMICAL ANALYSIS TEST METHODS 52

APPENDIX IV: RESERVED 66

APPENDIX V: RESERVED 66

APPENDIX VI: RESERVED 66

APPENDIX VII:BASIS FOR LISTING HAZARDOUS WASTES 66

APPENDIX VIII:HAZARDOUS CONSTITUENTS 71

APPENDIX IX: RESERVED 87

APPENDIX X: METHOD OF ANALYSIS FOR CHLORINATED

DIBENZOpDIOXINS AND DIBENZOFURANS l,2,3,4 87



APPENDIX XI: PAINT FILTER TEST 97

Chapter 850: IDENTIFICATION OF HAZARDOUS WASTES
SUMMARY: This rule identifies hazardous wastes. These hazardous wastes are subject to regulation according to the provisions of 38 M.R.S.A., §1301, et seq. and to this and other rules adopted thereunder.
l. Legal Authority. This rule is authorized and adopted under 38 M.R.S.A. §1319O (1) and is intended to be consistent with applicable requirements of The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.A. 6901, et seq. and regulations promulgated by the United States Environmental Protection Agency (EPA) thereunder.
2. Preamble. It is the purpose of the Department of Environmental Protection, consistent with legislative policy, to provide effective controls for the management of hazardous wastes. This rule is promulgated to identify hazardous wastes so that effective management measures can be implemented.
3. Definitions. The following terms as used throughout this rule shall have the following meaning unless the context indicates otherwise:


  1. Generator. "Generator" means a person whose act or process produces a waste which is or may be hazardous or whose act first causes a hazardous waste to become subject to regulation.




  1. Large Quantity Generator. “Large Quantity Generator” means a generator that does any one of the following:

  1. Generates more than 100 kilograms (approximately 27 gallons) per month of hazardous waste,

  2. Generates more than 1 kilogram of acute hazardous waste per month,

  3. Accumulates more than 600 kilograms (approximately 165 gallons) of hazardous waste at any one time,

  4. Accumulates more than 1 kilogram of acute hazardous waste at any one time, or

  5. Accumulates acute hazardous waste in a container that is larger than 20 liters in capacity.




  1. Small Quantity Generator. “Small Quantity Generator” means a generator that does all of the following:

  1. Generates less than 100 kilograms (approximately 27 gallons) of hazardous waste per month,

  2. Accumulates a total of no more than 200 kilograms (or 55 gallons) of hazardous waste at any one time, and

  3. Accumulates 1 kilogram or less, or 20 liters or less of acute hazardous waste at any one time.




  1. Small Quantity Generator Plus. “Small Quantity Generator Plus” means a generator that does all of the following:

  1. Generates less than 100 kilograms (approximately 27 gallons) of hazardous waste per month,

  2. Accumulates over 200 kilograms (or 55 gallons), but less than 600 kilograms (or 165 gallons) of hazardous waste at any one time, and

  3. Accumulates 1 kilogram or less, or 20 liters or less of acute hazardous waste at any one time.


4. Identification of Hazardous Wastes

  1. General

(1) This rule identifies those wastes which are subject to regulation as hazardous wastes under 38 M.R.S.A., §1301, et seq.
(2) Portions of this rule refer to federal regulations of the United States Environmental Protection Agency (EPA). Unless otherwise specified, the federal regulations referenced are those interim final or final regulations revised as of July 1, 1988, as they appeared in volume 40 of the Code of Federal Regulations (CFR). Where specifically indicated, the terms of a referenced federal regulation are hereby adopted as terms of this rule, except that in regulations incorporated thereby, "EPA" shall mean "the Maine Department of Environmental Protection (DEP)"; "Administrator", "Regional Administrator" and "Director" shall mean "the Maine Board of Environmental Protection or its designated representative"; and the phrase "treat, store, and/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 Chapters 850860, the more stringent of the requirements shall apply. Other changes to regulations incorporated hereby are as expressly made in this rule.
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. Section 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 4A(4) of this rule; and
(ii) It meets any of the following criteria:
a. It is listed in Section 4(C) and has not been excluded by EPA under 40 CFR 260.20 and 260.22 and excluded subsequently by the Maine Board of Environmental Protection;
b. It is a mixture of a nonhazardous waste and one or more hazardous wastes listed in Section 4(C) and has not been excluded by EPA under 40 CFR 260.20 and 260.22 and excluded subsequently by the Maine Board of Environmental Protection;
c. It exhibits any of the characteristics of hazardous waste identified in Section 4 (B) of this rule.
(b) A waste which is not excluded from regulation under paragraph 4(A)(3)(a)(i) of this section becomes a hazardous waste when any of the following events occur:
(i) In the case of a waste listed in Section 4 (C), when the waste first meets the listing description set forth in Section 4(C).
(ii) In the case of a mixture of a nonhazardous waste and one or more listed hazardous wastes, when a hazardous waste listed in Section 4(C) is first added to the nonhazardous waste.
(iii) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in Section 4(B) of this rule.
(c) Unless and until it meets the criteria of paragraph (d) 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 runoff), is a hazardous waste.
(d) Any waste described in paragraph (c) 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 4 (B).
(ii) In the case of a waste which is a listed waste under Section 4(C), contains a waste listed under Section 4(C) or is derived from a waste listed in Section 4(C), it also has been excluded from paragraph (c) by EPA under 40 CFR 260.20 and 260.22 and excluded subsequently by the Maine Board of Environmental Protection.
(4) Exclusions


  1. Substances which are not hazardous wastes. The following materials are not hazardous wastes for the purpose of this rule:




    1. Domestic sewage; and




    1. Any mixture of domestic sewage and other wastes that passes through a sewer system to a publiclyowned 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 Chapter 856, Section 11. Dischargers to POTWs and POTWs are responsible for complying with the applicable provisions of Chapter 856, Section 11. See also Section 12(D) of Chapter 851. 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.


    1. 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 Chapter 856 for the abbreviated licensing of a POTW for treatment of a hazardous waste.


    1. Irrigation return flows.




    1. Source, special nuclear or byproduct material as defined by the Atomic Energy Act of l954, as amended, 42 U.S.C.. 20ll et seq.




    1. Materials subjected to insitu mining techniques which are not removed from the ground as part of the extraction process.




    1. Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refusederived 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.)




    1. 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.




    1. Mining overburden returned to the mine site.


Note: Wastes from the extraction and beneficiation of metallic ores and minerals are regulated under Chapter 200 of the Department's rules, not Chapters 850857.


    1. 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 and/or other fossil fuels and/or wood, providing that the waste does not exhibit any of the characteristics of hazardous waste as defined in Section 4(B)(2), (3), (4), or (5) of this rule.




    1. Drilling fluids, produced waters. and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.




    1. 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 CFR 261.4(d)(1)(i)(vi) which are hereby adopted and incorporated by reference, and the sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector comply with 40 CFR 261.4(d)(2) which is hereby adopted and incorporated by reference. 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.




    1. Commercial chemical product that is unused and which is reinserted into the onsite manufacturing process without any alteration, or that is unused and unexpired and is shipped to the original manufacturer or distributor with their approval for use.




    1. 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 CFR 261.4(b)(6)(i) which is hereby adopted and incorporated by reference, the waste is managed in a non oxidizing environment, and if disposed in Maine, is managed in a secure landfill.


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's Hazardous Waste program continues to have concerns with the disposition of this waste stream. These wastes will be managed in secure landfills as special wastes under 06-096 CMR 400-406, 408 & 409 (May 24, 1989) the Department's Solid Waste Management Regulations.


    1. Pulping liquors (i.e: 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 CFR 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.


    1. Scrap metal which is recycled or intended to be recycled, provided it is not accumulated speculatively as defined in 40 CFR 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 non metal hazardous wastes.


NOTE: It is the generator's responsibility to demonstrate to the Department that the scrap metal is being recycled.


    1. 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).




    1. 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 transferer and transferee; (3) the date of transfer; and (4) the proposed use of the materials by the transferee.




    1. 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, must 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;




      1. Consistent with the requirements of 40 CFR 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 CFR 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 CFR 261.2(d)(3)(i)(B); and

(3) Consistent with the requirements of 40 CFR 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 CFR 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 CFR 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 must demonstrate consistent with 40 CFR 261.2(f), that there is a known market or disposition for the material, and that they meet the terms of the exclusion.


  1. Samples




  1. Persons who generate or collect samples for the purpose of conducting a treatability study, as defined in 40 CFR 260.10 on July 19, 1988 (53 FR 27301) are not subject to the requirements of this Chapter, Chapter 851, or Chapter 853, nor are such samples included in the quantity determinations of Section 4(A)(5) of this Chapter, under the circumstances specific in paragraph (ii) where the conditions in paragraph (iii) are met.




  1. 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.




  1. The exclusion of paragraph (b)(i) shall apply when the conditions of 40 CFR 261.4(e)(2)(i)(vi) as revised on July 19, 1988 (53 FR 27301) are met, provided however, that the generator shall provide the information required in 40 CFR 261.4(e)(2)(vi) in its annual report, and prior approval has been obtained from the Department. The provisions of 40 CFR 261.4(e)(2)(i)(vi) as revised on July 19, 1988 are hereby adopted and incorporated by reference, except that the term "biennial" in 40 CFR 261.4(e)(2)(vi) shall mean "annual".




  1. Treatability study




  1. 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 Chapters 850860) are not subject to the requirements of Chapters 850860 provided the conditions in paragraph (c)(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 (c)(ii) apply to the entire group of MTUs as if the group were one MTU.


  1. The exclusion of paragraph (c)(i) shall apply when the conditions of 40 CFR 261.4(f)(1)(11), as revised on July 19, 1988 (53 FR 27302), are met (such provisions are hereby adopted and incorporated by reference, provided however, that references to "40 CFR 261.3" shall mean "this Chapter", "Parts 261 through 268 and Part 270 of this Chapter" shall mean "Chapters 850860" and "40 CFR 261.4(e)" shall mean "paragraph (b)(i)(iii) above") 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 waste he generates is hazardous under Chapter 851, Section 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.A., §1301, et seq. and related rules, provided the generator complies with paragraph (d) 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 identified in Section 4(A)(5) (d)(v) of this chapter.
(b) If a person whose waste has been excluded from regulation under paragraph (a) above accumulates hazardous wastes in quantities greater than 600 kilograms or acutely hazardous wastes in quantities greater than set forth in paragraph (c) of this section, all of those accumulated wastes are subject to regulation under 38 M.R.S.A. §1301 et seq. and related rules (Chapters 850860 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 below, those wastes are subject to regulation under 38 M.R.S.A., §1301 et seq. and related rules. (Chapters 850857 of the Department's Rules).


  1. A total of one kilogram of commercial chemical products and manufacturing chemical intermediates having the generic names listed in Section 4 C(4)(e) of this Chapter and offspecification commercial chemical products and manufacturing chemical intermediates which, if they met specifications, would have the generic names listed in Section 4 (C)(4)(e) of this Chapter.




  1. A total of one kilogram of the following hazardous wastes listed in Section 4(C)(2)(a) of this rule: Industry and EPA hazardous waste Nos. F020, F021, F022, F023, F026, F027, and F028.




  1. Any containers identified in Section 4(C)(4)(c) of this Chapter that are larger than 20 liters in capacity;




  1. Ten (10) kilograms of inner liners from containers identified in Section 4 (C)(4)(c) of this Chapter;




  1. 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 4(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 offspecification commercial chemical products or manufacturing chemical intermediates which, if they met specifications, would have the generic names listed in Section 4(C)(4)(e) of this Chapter;


NOTE: Any person who exceeds the quantity requirements outlined in Sections 4(A)(5)(b) and 4(A)(5)(c) of this rule 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 Chapter 851, Section 8(B) that relate to accumulation times for hazardous waste. The time period in Section 8(B) of Chapter 851 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 must:


  1. Determine whether the waste generated is hazardous in accordance with Section 5 of Chapter 851;




  1. Store the waste in a container no greater than 55 gallons in size, label and package the hazardous waste in accordance with Section 8(A) and 8(B)(3) of Chapter 851, and label the container with the date the container becomes full;




  1. Properly manifest the hazardous waste in accordance with Chapter 857;




  1. Utilize a licensed transporter in accordance with Section 7 of Chapter 851;




  1. 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




  1. Ship off site such waste within 180 days of the date the drum becomes full; and




  1. If more than 55 gallons (approximately 200 kg) of a non-acutely hazardous waste is stored onsite, the generator must in addition:

a. Manage the waste in accordance with Sections 8(B)(2), 11, 13(B)(1),(2), 13(C)(1), (3), (4) and 13(D)(1), and (2) of Chapter 851; and


b. Have a generator identification number assigned to the generator by the United States Environmental Protection Agency if the generator will be operating under the provisions of 4(A)(5)(d)(vii) of this Chapter.
NOTE: To be eligible for the reduced requirements of this section, a small quantity generator must store its waste in containers.
(e) Hazardous waste subject to the reduced requirements of paragraph (d) that is mixed with nonhazardous 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 Chapters 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 Section 11 of Chapter 856, License by Rule.


(b) Activities that involve recycling and reclamation of hazardous waste are considered forms of treatment and, as such, are subject to the requirements of Chapter 854 and 856 with respect to treatment of hazardous waste.
(7) Residues 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 4(C)(2), 4(C)(3) or 4(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) If the container has held a hazardous waste that is a compressed gas, the pressure in the container is at atmospheric.
Any residue remaining in a container or an inner liner removed from a container that has held an acute hazardous waste is empty if the container or inner liner has been triple rinsed using a solvent capable of removing the waste 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 Chapter 850, for dust suppression or road treatment is prohibited.
(9) No fuel which contains any hazardous waste may be burned in any cement kiln unless licensed under Chapter 856.
(10) Persons who generate, transport, or collect nonleaking spent lead acid batteries, or who store nonleaking 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 Chapter 856.
(12) Delistings: [RESERVED]

RESERVED SPACE
(13) Special Requirements for Universal Wastes
(a) All generators of universal wastes must comply with either the full Hazardous Waste Management Rules, Chapter 850 through 857, including all requirements in this Section, or the alternative standards of Chapter 858.
(b) Universal Wastes are:


  1. Architectural paint




  1. Cathode ray tubes;




  1. Lamps;




  1. Mercury Devices;




  1. Mercury thermostats;




  1. Motor Vehicle Mercury Switches;




  1. 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 must comply with universal waste transporter requirements, as provided in Section 11 of Chapter 853.
NOTE: Chapters 854 and 856 apply to a universal waste recycling facility.


  1. Household hazardous waste, which meets the description of universal waste in Section 4A(13)(b) but which is exempt under Section 4A(4)(a)(vii), when combined or mixed with universal wastes is no longer exempt and must be managed in accordance with the requirements of Chapter 850, 851, 853, 856, 857, and 858.

(e) All generators of universal wastes must:


(i) Determine whether the waste generated is hazardous in accordance with Section 5 of Chapter 851 and , pursuant to 38 M.R.S.A. § 1663 determine that all mercury containing lamps are a universal waste; and
(ii) Determine whether the waste is a universal waste under section 13(b) above;
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 Maine Hazardous Waste Management Rules (Chapter 850 through 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 Maine Hazardous Waste Management Rules (Chapter 850 through 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 CFR 273.2 revised as of July 1, 2001 must be managed in accordance with 40 CFR 273 revised as of July 1, 2001, except that references to 40 CFR Parts 260 through 272 shall mean 850 through 857 of the Maine Hazardous Waste Management Rules and except that 40 CFR 273.8(a)(2) is not adopted, and instead, batteries handled by federally conditionally exempt small quantity generators are regulated as small quantity handlers pursuant to 40 CFR 273 Subpart B. In addition, instead of 40 CFR 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 CFR 273.2(a)(2) and 273.2(b)(1) are regulated under 850 through 858 instead of 40 CFR part 266, subpart G.
B. Identification of hazardous wastes by characteristics
(1) General

(a) A waste which is not excluded from regulation as a hazardous waste under Section 4(A)(4) of this rule is a hazardous waste if it exhibits any of the characteristics identified in this rule.


(b) A hazardous waste which is identified by a characteristic in this section, but is not listed as a hazardous waste in Section 4(C), is assigned the EPA Hazardous Waste Number set forth in the respective characteristic. This number, alone or in combination with another number assigned by the Department as provided by rule, must be used in complying with regulatory requirements as provided by rule.
(c) For purposes of this Section 4(B) of this rule, the Department will consider a sample obtained using any of the applicable sampling methods specified in Appendix I of this rule to be a representative sample within the meaning of 40 CFR 260.10 of EPA regulations. Until the Appendix I sampling methods are formally adopted by EPA, a person who desires to employ an alternative sampling method must demonstrate the equivalency of his method under the procedures set forth in 40 CFR 260.20 and 260.2l.
(2) Characteristic of ignitability

(a) A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:




    1. It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60º C (l40º F) as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D9379 or D9380, or a Setaflash Closed Cup Tester, using the test method specified in ASTM standard D327878, or as determined by an equivalent test method approved by the EPA under the procedures set forth in 40 CFR 260.20 and 260.21.1




    1. It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.




    1. It is an ignitable compressed gas as defined in 49 CFR l73.300 and as determined by the test methods described in that regulation or equivalent test methods approved by EPA under 40 CFR 260.20 and 260.2l.




    1. It is an oxidizer as defined in 49 CFR l73.151.

(b) A waste that exhibits the characteristic of ignitability, but is not listed as a hazardous waste in Section 4(C) of this rule, has the EPA Hazardous Waste Number of D001.


(3) Characteristic of corrosivity

(a) A waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:




  1. It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either the test method specified in the "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods"2 (also described in "Methods for Analysis of Water and Wastes" EPA 600/479020, March, 1979), or an equivalent test method approved by EPA under the procedures set forth in 40 CFR 260.20 and 260.21.




  1. It is a liquid and corrodes steel (SAE l020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55º C (130º F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM01693 as standardized in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods," or an equivalent test method approved by EPA under the procedures set forth in 40 CFR 260.20 and 260.2l.

(b) A waste that exhibits the characteristic of corrosivity, but is not listed as a hazardous waste in Section 4(C) of this rule, has the EPA Hazardous Waste Number of D002.


(4) Characteristic of reactivity

(a) A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:




  1. It is normally unstable and readily undergoes violent change without detonating.




  1. It reacts violently with water.




  1. It forms potentially explosive mixtures with water.




  1. When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.




  1. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and l2.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.




  1. It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.




  1. It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.




    1. It is a forbidden explosive as defined in 49 CFR l73.5l, or a Class A explosive as defined in 49 CFR l73.53 or a Class B explosive as defined in 49 CFR l73.88.

(b) A waste that exhibits the characteristic of reactivity, but is not listed as a hazardous waste in Section 4(C) of this rule, has the EPA Hazardous Waste Number of D003.


(5) Characteristic of toxicity

(a) A waste exhibits the characteristic of toxicity if, using the test methods described in Appendix II or equivalent methods approved by EPA under the procedures set forth in 40 CFR 260.20 and 260.21, the extract from a representative sample of the waste contains any of the contaminants listed in Table I at the concentration equal to or greater than the respective value given in that Table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Appendix II, is considered to be the extract for the purpose of this section.


(b) A waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table I which corresponds to the toxic contaminant causing it to be hazardous.

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