A.
Applicability. Unless
exempted from regulation under section
3 of this rule or a project certified
by a Professional Engineer through the notification provisions of section
5 of this rule, any generator,
processor, industrial or manufacturing facility or other person proposing to
beneficially use secondary material other than in agronomic utilization must
obtain a license pursuant to the applicable provisions of 06-096 C.M.R. ch.
400
(
General Provisions), and this rule. The secondary material
may be a product having solid waste as a constituent. When a solid waste
processing, industrial or manufacturing facility is licensed to beneficially
use a secondary material for fuel, raw material substitution, or as a
construction material, the generator supplying the secondary material to that
licensed facility is not required to obtain a beneficial use license under the
provisions of this rule.
Beneficial use activities approved pursuant to this rule do
not constitute disposal as defined in these rules. However, for the purposes of
this rule, the placement of any waste in a landfill (e.g. the use of processing
residues or ash as alternative daily cover, shaping or grading material)
constitutes disposal rather than beneficial use and must be approved by the
Department in accordance with the provisions of 06-096 C.M.R. ch. 401
(Landfill Siting, Design, and Operation). Except, use of a
waste or waste-derived product that is purchased by a licensee for a specific
construction purpose at a landfill does not constitute disposal, provided the
waste is not otherwise delivered for placement in the landfill. Waste used in
landfill construction in this manner must be approved in accordance with the
provisions of 06-096 C.M.R. ch. 401 as an element of the landfill construction
specifications; a beneficial use license is not required.
Beneficial uses of secondary materials regulated by this
rule include, but are not limited to, use in an industrial or manufacturing
process, use as construction fill, or use as fuel. The following is a
non-exclusive list of examples of beneficial use activities:
(1) Use of chipped tires in road construction
or retaining wall backfill;
(2)
Facilities substituting secondary material for fossil or biomass fuel in a
boiler;
(3) Industrial,
manufacturing or processing facilities substituting secondary material for
virgin material;
(4) Use of
secondary material as construction fill (e.g. emulsified asphalt encapsulated
contaminated soil and dredge material);
(5) Use of multi-fuel ash in road
construction or flowable fill. As used in this rule, multi-fuel ash refers to
the ash generated from combustion of the following fuels: wood, paper, pulp and
paper sludge, coal, oil, and tire chips; and,
(6) Cement kilns substituting secondary
material for virgin material or for fuel.
B.
Storage of Secondary
Material. Beneficial use activities that include storing secondary
materials for greater than 90 days are also subject to 06-096 C.M.R. ch. 402
(Transfer Stations and Storage Sites for Solid
Waste).
C.
Processing of Secondary Material. Beneficial use activities that
include processing secondary materials are also subject to 06-096 C.M.R. ch.
409 (Processing Facilities).
D.
Agronomic Utilization of
Residuals. Residual material proposed for agronomic utilization is
subject to 06-096 C.M.R. ch. 419 (Agronomic Utilization of
Residuals).
E.
Other
Federal, State and Local Requirements. Approval of the beneficial use of
a secondary material under this rule does not necessarily constitute approval
of the project using the secondary material. All beneficial use activities,
including activities that are exempt under this rule, must conform to any other
applicable federal, state or local requirements.
F.
Innovative Beneficial Use
Activities. The Department may grant temporary approval for a pilot
project or experimental project under 06-096 C.M.R. ch.
400, §
3(B)(4), "Limited
Permits". The application requirements for a limited permit will be determined
on a case by case basis.
G.
Transition. Any ongoing beneficial use that was licensed by the
Department prior to the effective date of this amended rule must comply with
all applicable operating standards of the amended rule. Existing licenses for
ongoing beneficial uses, including permits-by-rule, must be modified to
incorporate new or amended provisions of the rule. Such modifications may be
made through minor revisions to these licenses. All information necessary to
demonstrate compliance with applicable provisions of the rule and to modify
existing licenses must be submitted to the Department for review and approval
within 60 days of the effective date of this rule.
H.
Prohibition. The beneficial
use of municipal solid waste incinerator ash which contains 4 parts per
trillion or greater dioxin toxic equivalents is prohibited except as provided
for in the Maine Hazardous Waste, Septage and Solid Waste Management
Act,
38 M.R.S.
§1304(13-C) "Use of
Treated Ash in Secure Landfills".
