06-096 C.M.R. ch. 854, § 16 - Additional Standards Applicable to Miscellaneous Units

A. Performance Standards

(1) A hazardous waste miscellaneous unit must be established, constructed, altered, and operated to meet the following performance standards:

(a) A hazardous waste or constituent or derivative thereof must not appear in ground or surface waters at a concentration above background level, or above current public health drinking water standards for Maine, including the "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards for aquatic toxicity, whichever is most stringent.

NOTE: Drinking water and aquatic toxicity standards are obtained from current manuals including but not limited to: State of Maine Rules of the Department of Health and Human Services relating to Drinking Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016"; "Drinking Water and Health" published by the National Research Council; "Suggested No Adverse Response Levels (SNARLs)" as determined by the Environmental Protection Agency; and "Ambient Water Quality Criteria" manuals published by the Environmental Protection Agency.

(b) A hazardous waste or constituent or derivative thereof must not appear in the atmosphere in concentrations significantly above the background level or exceed current ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.

(2) A miscellaneous unit must also meet the appropriate performance standards applicable to other hazardous waste management units.

B. Design, Construction, Operation and Closure

(1) A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure compliance with the performance standards in Section 16(A) of this Chapter. Licenses for miscellaneous units must contain such terms and conditions necessary to protect human health and the environment and ensure compliance with such performance standards, including but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or constituents from the unit. License terms and conditions must include those requirements of this Chapter applicable to other hazardous waste management units that are appropriate for the unit being licensed. Protection of human health and the environment includes, but is not limited to, the factors specified in 40 C.F.R. §§264.601(a) -(c). The facility owner or operator and the miscellaneous unit must comply with the requirements of 40 C.F.R. Part 63, Subpart EEE. The facility owner or operator and the miscellaneous unit must also comply with 40 C.F.R. Part 264, Subparts AA, BB and CC.

(2) Hazardous waste munitions and explosives storage units for the storage of "military munitions" as defined in 40 C.F.R. §260.10 must, in addition, meet the requirements of 40 C.F.R. §§264.1201 and 264.1202, except that references to Subpart C of 40 C.F.R. Part 264 shall mean Section 6(C)(8) of this Chapter, references to Subpart D of 40 C.F.R. Part 264 shall mean Section 6(C)(9) of this Chapter, and references to 40 C.F.R. §261.3(d) shall mean 06-096 C.M.R. 850, § 3(A)(3)(d).

C. Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action

(1) Monitoring, testing, analytical data, inspections, response, and reporting procedures must ensure compliance with the performance standards of Section 16(A) of this Chapter, the general inspection, equipment testing and maintenance, annual reporting, unmanifested waste reporting, and additional reporting requirements specified in Section 6(C) of this Chapter; the corrective action requirements of Section 6(C)(19) of this Chapter; and any additional requirements necessary to protect human health and the environment as specified in the license.

(2) The Board or Department may require ground water monitoring, surface water monitoring, air monitoring, soils monitoring, or any combination of such monitoring in accordance with a plan approved by the Board or Department, as applicable. If, at any time during operation, closure, or post-closure of the facility (where applicable), the monitoring demonstrates that the performance standards are not being met by the miscellaneous unit, a corrective action program must be implemented, details of which must be specified or approved by the Department.

(3) Hazardous waste munitions and explosives storage units for the storage of "military munitions" as defined in 40 C.F.R. §260.10 must, in addition, meet the requirements of 40 C.F.R. §264.1201.

D. Post-Closure Care. A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with the performance standards of Section 16(A) of this Chapter and protects human health and the environment during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils, surface waters, or ground water that cannot be completely removed or decontaminated during closure, then that unit must also meet the performance standards of Section 16(A) of this Chapter and protect human health and the environment during post-closure care. The post-closure requirements of Section 6(C)(16) of this Chapter apply and the post-closure plan must specify the procedures that will be used to satisfy this requirement. Hazardous waste munitions and explosives storage units for the storage of "military munitions" as defined in 40 C.F.R. §260.10 must, in addition, meet the requirements of 40 C.F.R. §264.1202.

E. Open Burning Units

(1) In addition to the requirements of Sections 16(A) through 16(D) of this Chapter applicable to miscellaneous units, the following requirements apply to a unit employed for the open burning or detonation of hazardous waste:

(a) The unit must be designed, constructed, operated, and closed in a manner intended to prevent the migration of hazardous waste or constituents into the environment;

(b) Surface slopes of an active portion of the unit must not be greater than 5 percent so as to minimize erosion, but must be greater than 0 percent so as to prevent ponding for periods that will cause the area to be anaerobic;

(c) The distance from any natural soils barrier to the seasonal high water table at the site must be at least 5 feet;

(d) Food chain crops must not be grown within 300 feet of the unit unless the owner or operator demonstrates to the Board that hazardous waste:

(i) Will not be transferred to the food portion of the crop by plant uptake or direct contact and will not otherwise be ingested by food chain animals, or

(ii) Will not occur in greater concentrations in the crops grown within 300 feet of the unit than in the same crops grown on untreated soils under similar conditions elsewhere in the same region;

(e) All hazardous waste must be analyzed immediately prior to burning or detonation to ensure that:

(i) The waste contains no components or contaminants which might interfere with or have an adverse impact on the burning or detonation process,

(ii) The waste contains no components or contaminants which, when burned or detonated, may cause an uncontrolled release of waste or toxic gases or fumes, and

(iii) The waste contains no components or contaminants which, when burned or detonated, would form substances or residues that the facility could not handle properly in accordance with State and Federal requirements;

(f) Ground water monitoring of the unit must be conducted in accordance with Section 8(D) of this Chapter;

(g) Soil monitoring must be conducted in accordance with a program developed or approved by the Department, and if the presence of hazardous waste or constituents is detected at the edge of the unit in excess of background levels, corrective action must be conducted in accordance with a program developed or approved by the Department;

(h) Detailed records of burning or detonation activities in the unit, and corrective action activities conducted at the site, must be maintained as specified or approved by the Department; and

(i) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 06-096 C.M.R. ch. 850, § 3(A)(3)(d) applies or, if after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the facility must be closed in accordance with the closure and post-closure requirements that apply to landfills.

Notes

06-096 C.M.R. ch. 854, § 16