Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE
Section 096-851-8 - Pre-Transport Requirements

Universal Citation: 06 ME Code Rules ยง 096-851-8

Current through 2024-38, September 18, 2024

A. Before a generator removes or allows the removal of hazardous waste from the site of its generation, the generator shall:

(1) Package the waste in accordance with the applicable Federal Department of Transportation (DOT) regulations on packaging under 49 C.F.R. Parts 173, 178, and 179 as amended up to October 1, 2019;

NOTE: "C.F.R." refers to the Code of Federal Regulations, a publication of the United States government in which appear all regulations of the Federal administrative agencies. Copies of the Federal Department of Transportation regulations referred to above may be obtained from the United States Government Printing Office, Washington, DC 20402.

(2) Label each package in accordance with the applicable Federal Department of Transportation regulations on hazardous materials under 49 C.F.R. Part 172 as amended up to October 1, 2019;

(3) Mark each package of hazardous waste in accordance with the applicable Federal Department of Transportation regulations on hazardous materials under 49 C.F.R. Part 172 as amended up to October 1, 2019;

(4) Mark each container of 119 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 C.F.R. §172.304 as amended up to October 1, 2019:
(a) For any federal hazardous waste or State-only hazardous waste which is also regulated as a DOT hazardous material:

HAZARDOUS WASTE--Federal and State Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the Maine Department of Environmental Protection (1-800-452-4664) or the nearest office of the United States Environmental Protection Agency.

Generator's Name & Address _______________________________

Generator's EPA ID Number _______________________________

Manifest Tracking Number _______________________________

(b) For any State-only hazardous or universal waste which is not a DOT-regulated hazardous material, the requirements of 49 C.F.R. §172.304 as amended up to October 1, 2019 do not apply. Generators shall instead mark each container as follows:

State-only Hazardous or Universal Waste - State Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the Maine Department of Environmental Protection (1-800-452-4664).

Generator's Name & Address ________________________________

Generator's EPA ID Number ________________________________

Manifest Tracking Number ________________________________

(or "State Document Number" for universal waste shipped on a Maine Recyclable Material Uniform Bill of Lading)

(5) Placard or offer the initial transporter the appropriate placards according to Federal Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172, Subpart F as amended up to October 1, 2019.

B. A generator may accumulate hazardous waste on the site of its generation for ninety (90) days or less without a license, provided that:

(1) All such waste is transported off-site before or on the 90th day;

(2) The waste is placed in containers or tanks which meet the requirements of Section 8(A)(1) of this Chapter and which are managed in accordance with standards contained in this Chapter and 06-096 C.M.R. ch. 855, § 9(C) (containers), and 06-096 C.M.R. ch. 855, § 9(D) (tanks) except that the requirements of 40 C.F.R. §§265.197(c) and 265.200 do not apply; or for preservative kick-back or drippage from treated wood, the waste is placed on drip pads and managed in accordance with Section 13(G) of this Chapter;

(3) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container or tank and while being accumulated on-site each container or tank is labeled or marked clearly with the words, "Hazardous Waste";

(4) Each container is properly labeled and marked as required by Sections 8(A)(2), (3) and (4) of this Chapter prior to shipment offsite; and

(5) The generator complies with all requirements imposed by 40 C.F.R. §§264.16, 264.31-264.37, and 264.51-264.56, provided however, that the reference in 40 C.F.R. §264.52(b) to "Part 112 of this Chapter" shall read "Part 112 of volume 40 of EPA's Code of Federal Regulations" or the provisions of 38 M.R.S. §§1317 through 1319-Y and the rules promulgated thereunder, whichever is more stringent.

NOTE: Generators using hazardous waste compactors exempt from licensing under 06-096 C.M.R. ch. 856, § 6(E) shall comply with all the requirements of Chapter 851 for the on-site accumulation of hazardous waste in tanks.

C. No generator shall accumulate hazardous waste for more than 90 days without a license, unless the Department grants an extension, pursuant to 06-096 C.M.R. ch. 856, §16, of up to 30 days due to an emergency condition that is unforeseen and temporary. A generator who does accumulate hazardous waste for more than ninety (90) days without an extension granted by the Department is an operator of a storage facility for hazardous waste and, as such, is subject to the requirements of 06-096 C.M.R. chs. 854, 855 and 856 of the Department's rules except that:

A generator may accumulate on-site as much as 55 gallons of each hazardous waste or one quart of each acutely hazardous waste identified or listed in 06-096 C.M.R. ch. 850 of the Department's rules in containers labeled with the words "hazardous waste" at a satellite accumulation area, without a license or interim status and without complying with Section 8(B)(1) of this Chapter, provided the generator complies with all other requirements of this Chapter. A satellite accumulation area must be at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste. A generator who accumulates hazardous waste or acutely hazardous waste under this subsection must upon accumulating either 55 gallons (200 kg) of a hazardous waste or 1 quart (1 kg) of a acutely hazardous waste immediately label the container with the date (accumulation start date) and relocate the container to the generator storage facility within 72 hours. At such time the generator shall comply with Section 8(B)(1) of this Chapter.

NOTE: Satellite accumulation areas are required to meet all applicable generator standards except for the 90-day accumulation time limitation, including but not limited to labeling (except the accumulation start date is not required until the quantity limit is reached), container management, and weekly inspection requirements. For the purposes of this section, "all other requirements of this Chapter" means Sections 8(B)(2), 13(B)(1), 13(C)(1), 13(C)(3), 13(C)(4), 13(D)(1) and 13(D)(2).

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