06-096 C.M.R. ch. 855, § 9 - Hazardous Waste Facility Requirements

A. All facilities with an interim license shall comply with applicable requirements of Land Disposal Restrictions, 06-096 C.M.R. ch. 852 and the following requirements:

(1) Every facility owner or operator shall apply for and obtain an EPA identification number in accordance with the EPA notification procedures at 40 C.F.R. §265.11;

(2) 40 C.F.R. §265.12, Required Notices, except that the phrase "of this part and part 270 of this chapter" in 40 C.F.R. §265.12(b) shall mean "of this Chapter and 06-096 C.M.R. ch. 856";

(3) 40 C.F.R. §265.13, Waste Analysis, except that all references to 40 C.F.R. Part 268 or sections or subparts thereof shall mean 06-096 C.M.R. ch. 852, all references to "this part" shall mean "this Chapter", all references to Part 261 shall mean 06-096 C.M.R. ch. 850, the references to 40 C.F.R. §§265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, and 265.402 in 40 C.F.R. §265.13(b)(6) shall mean this Chapter, and the reference to 40 C.F.R. §260.22 in 40 C.F.R. §265.13(b)(7) (iii) shall mean 06-096 C.M.R. ch. 850;

(4) 40 C.F.R. §265.14, Security;

(5) 40 C.F.R. §265.15, General Inspection Requirements, except that references to 40 C.F.R. §§265.174, 265.193, 265.195, 265. 226, 265.260, 265.278, 265.304, 265.347, 265.377 and 265.403 shall mean this Chapter;

(6) 40 C.F.R. §265.16, Personnel Training;

(7) 40 C.F.R. §265.19, Construction quality assurance program, applicable to all surface impoundments, waste piles and landfill units, except that references to 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856;

(8) 40 C.F.R. §§265.17, 265.31-265.37, Preparedness and Prevention, except that references to "this part" shall mean this Chapter. In addition, the precautions required to be taken by 40 C.F.R. §265.17 must meet applicable requirements of codes, standards and rules of the Department of Public Safety (State Fire Marshal's Office);

(9) 40 C.F.R. §§265.51-265.56, Contingency Plan and Emergency Procedures;

(10) The owner or operator shall keep a written record at this facility. The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:

(a) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix I to 40 C.F.R. § Part 265, except that references to 40 C.F.R §265.73 shall mean Section 9(A)(10) of this Chapter (i.e., this section), and references to 40 C.F.R. Part 261 or sections or subparts thereof shall mean 06-096 C.M.R. ch. 850;

(b) The information specified in 40 C.F.R. §265.73(b)(2) -(14), provided that all references to Part 265 or subparts or sections thereof (except for 40 C.F.R. §§265.1034(c) through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i), 265.1064, and 265.1083 through 265.1090) shall mean applicable provisions of this Chapter, and all references to Part 268 or subparts or sections thereof (except 40 C.F.R. §268.5) shall mean applicable provisions of 06-096 C.M.R. ch. 852;

(11) 40 C.F.R. §265.74, Availability, Retention, and Disposition of Records, except that the reference to 40 C.F.R. §265.73(b)(2) shall mean Section 9(A)(10)(b) of this Chapter;

(12) Annual Reporting and 40 C.F.R. §265.75, except that other comparable forms may be required by the Department, and the report must be prepared and submitted annually no later than March 1st for the preceding calendar year;

(13) 40 C.F.R. §265.76, Unmanifested Waste Report, except that the reference to 40 C.F.R. §263.20(e) shall mean Hazardous Waste Manifest Requirements, 06-096 C.M.R. ch. 857, § 8(B);

(14) In addition to submitting annual reports and unmanifested waste reports as specified in Sections 9(A)(12) and 9(A)(13) of this Chapter, the owner/operator shall comply with 40 C.F.R. §265.77 and shall report to the Department releases, fires, and explosions as specified in Section 9(A)(9) of this Chapter, and submit facility closure reports and other reports as mandated in other provisions of this Chapter;

(15) 06-096 C.M.R. ch. 857 and 40 C.F.R. §265.72, Manifest Discrepancies; and all applicable requirements of transboundary movement of hazardous waste in accordance with 40 C.F.R. Part 262, Subpart H;

(16) 40 C.F.R. §§265.111-265.115 closure for all facilities, and 40 C.F.R. §§265.116 - 265.120, post-closure for all disposal facilities, and all waste piles, surface impoundment and tanks closing as landfills, except that:

(a) References to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter;

(b) References to 40 C.F.R. Part 270 or Part 124, or sections or subparts thereof, shall mean 06-096 C.M.R. ch. 856;

(c) References to 40 C.F.R. Part 262 shall mean Standards for Generators of Hazardous Waste, 06-096 C.M.R. ch. 851;

(d) References to 40 C.F.R. Part 265, Subpart G shall mean Section 9(A)(16) of this Chapter (i.e., this section);

(e) 40 C.F.R. §§265.112(b)(8), 265.112(c)(1) (iv), 265.112(e), 265.118(c)(5), and 265.118(d)(1)(iii) shall be deleted;

(f) Certification of closure of any unit (not just land disposal units as provided in 40 C.F.R. §265.115) used to handle hazardous waste is required within 60 days of completion of closure; and

(g) Closure plans or notifications of closure required under 40 C.F.R. §265.112(d) must be submitted at least 180 days prior to the date closure of the unit or facility is expected to begin;

(17) The financial requirements of 40 C.F.R. §§265.141-265.143 and 40 C.F.R. §§265.147-265.150 for all facilities and 40 C.F.R. §§265.144-265.146 for all facilities subject to post-closure requirements, except that:

(a) References to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter;

(b) References to sections or subparts of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854;

(c) References to section 3008 of RCRA shall mean applicable Board or Department procedures; and

(d) References to sections or subparts of 40 C.F.R. Part 124 or 270 shall mean 06-096 C.M.R. ch. 856;

(18) The air emission standards of 40 C.F.R. Part 265, Subparts AA, BB, and CC, except that references to Subparts I, J, or K and 40 C.F.R. §265.1 shall mean this Chapter; and

(19) When environmental investigation or monitoring data, or reports interpreting environmental investigation or monitoring data, are submitted to the Department, the submittal must be accompanied by one or more electronic Environmental Data Deliverables (EDDs) containing all data in formats specified by the Department in accordance with Maine's Uniform Electronic Transaction Act, 10 M.R.S. §9418(2)(A). This applies to data for all environmental media and waste materials. The data includes but is not limited to laboratory analytical data, field analytical data and monitoring parameters, water level and water flow data.

B. Surface impoundments, landfills, and land treatment facilities shall monitor ground water to determine the facility's impact on the quality of ground water in the uppermost aquifer underlying the facility, in accordance with 40 C.F.R. §§265.90(b) -(e), 265.91-265.94, and Appendix III to 40 C.F.R. Part 265, except that references to sections or subparts of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850. A "qualified groundwater scientist" must be independent, meet the requirements as the term is defined in 40 C.F.R. §260.10 and meet the requirements of 06-096 C.M.R. ch. 856, § 10(A)(8).

C. Container storage facilities shall comply with the requirements of 40 C.F.R. §§265.171-265.178, except that the references to 40 C.F.R. §265.17(b) shall mean Section 9(A)(8) of this Chapter, and the treatment of hazardous waste in containers is prohibited unless licensed by the Department pursuant to 06-096 C.M.R. ch. 856.

D. Facilities at which tanks are used to store or treat hazardous wastes shall comply with the requirements of 40 C.F.R. §§265.190(a) - (c), and 265.191-265.202, except that:

(1) References to sections of 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856;

(2) References to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850;

(3) References to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter;

(4) No variance from secondary containment under 40 C.F.R. §§265.193(f)(4) and 265.193(g) shall be allowed; and

(5) Use of open tanks not meeting the requirements of 06-096 C.M.R. ch. 854, §12(B)(5) - (7) is prohibited.

E. Facilities that use surface impoundments to store, treat, or dispose of hazardous waste shall comply with the requirements of 40 C.F.R. §§265.221-265.226, 265.229, 265.230, and 265.231, including the definition of "incompatible wastes" in 40 C.F.R. §260.10 and examples in appendix V of 40 C.F.R. 265, except that references to 40 C.F.R. §265.17(b) shall mean Section 9(A)(8) of this Chapter, references to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, references to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter, and 40 C.F.R. §§265.221(g) and 265.229(b) shall be deleted. In addition:

(1) The owner or operator of a surface impoundment that does not meet the liner requirements of 06-096 C.M.R. ch. 854, §9(B) shall:

(a) Include in the closure plan for the surface impoundment both a plan for complying with Section 9(E)(2) of this Chapter and a contingency plan for complying with Section 9(E)(3) of this Chapter in case not all contaminated subsoils can be practicably removed at closure;

(b) Prepare a contingency post-closure plan for complying with Section 9(E)(3) of this Chapter in case not all contaminated subsoils can be practicably removed at closure; and

(c) Base the cost estimates for closure and post-closure care required under Section 9(A)(16) of this Chapter on the cost of complying with the more expensive of the two closure and post-closure scenarios.

(2) The owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), 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;

(3) If after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in Section 9(E)(2) of this Chapter, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility in accordance with the closure and post-closure requirements that apply to landfills and comply with 40 C.F.R. §265.228(b)(1) -(4);

(4) The Department may grant a variance to Section 9(E)(2) of this Chapter if the owner or operator demonstrates that the hazardous constituents in the waste will not migrate into ground water, surface water and air in violation of the applicable performance standards in 06-096 C.M.R. ch. 854 for as long as the waste and other materials will remain on-site. Facilities receiving a variance to Section 9(E)(2) shall close the facility in accordance with the closure and post closure requirements that apply to landfills;

(5) All earthen dikes must have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and to preserve their structural integrity; and

(6) Surface impoundments newly regulated as described in 40 C.F.R. §265.221(h) must meet the design and operating requirements of 40 C.F.R. §§265.19, 265.221(a) -(e), 265.222 and 265.223, except that the requirements in 40 C.F.R. §265.221(a) apply regardless of when construction commences and references to sections of 40 C.F.R. §264 shall mean 06-096 C.M.R. ch. 854, §9(B).

F. Facilities that treat or store hazardous waste in piles shall comply with 40 C.F.R. §§265.251-265.260, including the definition of "incompatible wastes" in 40 C.F.R. §260.10 and examples in appendix V of 40 C.F.R. 265, except that references to 40 C.F.R. §265.17(b) shall mean Section 9(A)(8) of this Chapter, references to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter, references to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, and references to 40 C.F.R. Part 268 shall mean 06-096 C.M.R. ch. 852. In addition, the owner or operator of a waste pile that does not meet the liner requirements of 06-096 C.M.R. ch. 854, §11(B) shall:

(1) Include in the closure plan for the waste pile both a plan for complying with 40 C.F.R. §265.258(a) and a contingency plan for complying with 40 C.F.R. §265.258(b) in case not all contaminated subsoils can be practicably removed at closure;

(2) Prepare a contingency post-closure plan for complying with 40 C.F.R. §265.258(b) in case not all contaminated subsoils can be practicably removed at closure; and

(3) Base the cost estimates for closure and post-closure care required under Section 9(A)(16) of this Chapter on the cost of complying with the more expensive of the two closure and post-closure scenarios.

G. Hazardous waste land treatment facilities shall comply with the requirements of 40 C.F.R. §§265.272-265.282, except that references to 40 C.F.R. §265.17(b) shall mean Section 9(A)(8) of this Chapter, references to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter, and references to sections or subparts of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, and references to 40 C.F.R. Part 268 shall mean 06-096 C.M.R. ch. 852.

H. Facilities that dispose of hazardous waste in landfills shall comply with the requirements of 40 C.F.R. §§265.301-265.316 including the definition of "incompatible wastes" in 40 C.F.R. §260.10 and examples in appendix V of 40 C.F.R. Part 265, except that references to 40 C.F.R. §265.17(b) shall mean Section 9(A)(8) of this Chapter, references to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, references to 40 C.F.R. Part 268 shall mean 06-096 C.M.R. ch. 852, references to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter, and the requirements of 06-096 C.M.R. ch. 854, § 8(C)(5) of shall govern the disposal of liquids in lieu of 40 C.F.R. §265.314.

I. Facilities that incinerate hazardous waste shall comply with the requirements of 40 C.F.R. §§265.340(b) and 265.341-265.352, except that references to 40 C.F.R. §265.13 shall mean 9(A)(3) of this Chapter, references to the Assistant Administrator for Solid Waste and Emergency Response shall mean the Board or the Department, as applicable, references to Subpart O of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854, §13, and references to sections of 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856.

J. Facilities that thermally treat hazardous wastes in devices other than enclosed devices using controlled flame combustion (i.e., other than incinerators) shall comply with the requirements of 40 C.F.R. §§265.373-265.383, except that references to 40 C.F.R. §265.13 shall mean Section 9(A)(3) of this Chapter, references to the Assistant Administrator for Solid Waste and Emergency Response shall mean the Board or the Department, as applicable, references to Subpart O of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854, §13, and references to sections of 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856.

K. Facilities which treat hazardous wastes by physical, chemical or biological means in other than tanks, surface impoundments, and land treatment facilities shall comply with the requirements of 40 C.F.R. §§265.401-265.406, except that references to 40 C.F.R. §265.17(b) shall mean Section 9(A)(8) of this Chapter, references to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, and references to 40 C.F.R. §265.13 shall mean Section 9(A)(3) of this Chapter.

L. Facilities that use new or existing "drip pads" (as defined in 40 C.F.R. §260.10) shall comply with 40 C.F.R. §§265.440 - 265.445, except that 40 C.F.R. §265.442 is deleted and any new drip pads must be designed and constructed with synthetic liners and operated as specified in 40 C.F.R. 265.443(b)(1)-(3); in addition to the requirements of 40 C.F.R. §265.440(c), the contingency plan for responding to drippage in storage yards must meet the requirements of 38 M.R.S. §1318-C and the facility must comply with the reporting and removal requirements of 38 M.R.S. §1318- B; references to 40 C.F.R. §§265.112 and 265.118 shall mean Section 9(A)(16) of this Chapter; and references to 40 C.F.R. §265.144 shall mean Section 9(A)(17) of this Chapter. In addition, facilities shall monitor groundwater consistent with the requirements in Section 9(B) of this Chapter.

M. Facilities that store munitions and explosive hazardous wastes shall comply with the additional standards applicable to miscellaneous units of 06-096 C.M.R. ch. 854, §16.

N. Pursuant to 38 M.R.S. §1319- S, the Board may require the present or subsequent owner of the land used for a hazardous waste facility to execute and record a written instrument which imposes a restrictive covenant on the present and future uses of all or part of the land.

O. The requirements of this Chapter remain in effect until all applicable closure and post-closure activities are completed and have been certified or until a license under 06-096 C.M.R. ch. 856 is issued.

Notes

06-096 C.M.R. ch. 855, § 9