Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 852 - LAND DISPOSAL RESTRICTIONS
Section 096-852-14 - Treatment Standards

Universal Citation: 06 ME Code Rules ยง 096-852-14

Current through 2024-38, September 18, 2024

A. General. Generators, owners or operators of treatment facilities, and owners or operators of land disposal facilities shall comply with the treatment standards of 40 C.F.R. §§268.40 - 268.43 and 40 C.F.R. §268.48, provided however, that references to:

- "this part" or subparts thereof shall mean this Chapter,

- 40 C.F.R. Part 264 or subparts thereof shall mean 06-096 C.M.R. ch. 854,

- 40 C.F.R. Part 265 or subparts thereof shall mean 06-096 C.M.R. ch. 855,

- 40 C.F.R. Part 266 shall mean 06-096 C.M.R. ch. 856,

and petitions for variances from treatment standards expressed as specified technologies in accordance with 40 C.F.R. §268.42(b) must be submitted to the EPA Administrator and subsequently to the Department for review (utilizing rulemaking procedures) and approval. Underground injection is prohibited pursuant to 06-096 C.M.R. ch. 854, § 5(E) and 06-096 C.M.R. ch. 855, § 5(B)(7), and the dilution prohibition of Section 6 of this Chapter applies.

B. Variance

(1) The generator or treatment facility owner or operator may petition EPA and the Department for a variance from the treatment standard in accordance with 40 C.F.R. §268.44. The Department will utilize rulemaking procedures in reviewing such a petition, and pending approval of the petition by EPA and subsequently by the Department, the applicant is required to comply with all restrictions on land disposal under this Chapter once the effective date for the waste has been reached.

(2) A generator, treatment facility owner or operator, or disposal facility owner or operator that is managing a waste covered by a variance from the treatment standards shall comply with Section 10 of this Chapter.

C. Hazardous Debris. Hazardous debris must be treated in accordance with 40 C.F.R. §268.45, provided that reference to 40 C.F.R. Part 261 or sections thereof shall mean Chapter 850, references to 40 C.F.R. Part 268 or sections thereof may mean this Chapter, "Administrator" shall mean "Commissioner", and immobilization technologies must achieve substantial reductions in leachability over the long-term.

D. Contaminated Soil. Soil exhibiting a hazardous waste characteristic or which contains a listed waste, and that meets the applicability standards in 40 C.F.R. §268.49(a), must be treated in accordance with 40 C.F.R. §268.49. Additionally, immobilization technologies must achieve substantial reductions in leachability over the long-term, including, but not limited to, a demonstration of stability through Test Method 1320: Multiple Extraction Procedure in EPA Publication SW-846 "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods". The results of Test Method 1320 must demonstrate reductions in leachability below the TCLP threshold throughout the procedure for the hazardous waste constituent(s) of concern. Test Method 1320 may also be required to demonstrate the stability of reductions of contaminant levels by 90% in comparison to contaminant levels in the soils prior to application of an immobilization technology.

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