Current through 2024-38, September 18, 2024
A.
Performance Standards
(1) Facilities for treatment of hazardous
waste in tanks must be constructed, altered and operated to meet the following
performance standards:
(a) A hazardous waste
or constituent or derivative thereof must not escape from the treatment
facility to ground or surface waters or to adjacent subsurface soil at any time
during the life of the facility.
(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.
(c) The treatment of hazardous
waste in an underground tank is prohibited.
(2) An applicant seeking a license to treat
hazardous waste in a tank or tanks must demonstrate to the satisfaction of the
Board that:
(a) The waste is capable of being
treated in a tank or tanks using the processes proposed, based upon a trial
test (a bench or small-scale pilot test), that determines the treatment
technique, its effectiveness, and any limiting factors;
(b) The design measures and operating
procedures will maximize the success of the treatment;
(c) The facility design and components are
compatible with the hazardous waste and the treatment process; and
(d) The treatment process can and will be
controlled at all times so as to prevent uncontrolled releases of hazardous
waste or its constituents or derivatives and to protect the public health and
safety and the environment.
B.
Design. In addition to the
requirements applicable to storage of hazardous waste in tanks under Section
12 B, the following requirements
apply to treatment in tanks:
(1) Materials
used in the construction and operation of all parts of the treatment facility
must be compatible with the wastes to be treated and with any treatment
chemicals or reagents utilized in the treatment process.
(2) An alarm system to alert the operator to
abnormal operations and to malfunctions must be installed prior to operation of
the facility.
(3) The facility must
have sufficient excess capacity to hold all wastes undergoing treatment if an
equipment malfunction or breakdown occurs during the treatment process. The
wastes must be able to be held securely until the treatment equipment is
repaired.
(4) Fugitive emissions,
including volatile organic compounds, from the facility must be controlled in
accordance with a plan approved by the Board.
C.
Operation. In addition to the
requirements applicable to the storage of hazardous waste in tanks under
Section
12(C) of this
Chapter, the following requirements apply to treatment in tanks.
(1) All hazardous waste must be analyzed
immediately prior to treatment, in order to ensure that:
(a) The proper treatment technique, feed
rates of treatment chemicals and reagents, and operating conditions
(temperature, pressure, flow rate, etc.) are known and will be adhered
to;
(b) The treatment technique
proposed will not have any detrimental effect upon any of the materials used to
construct or operate the treatment apparatus;
(c) The waste contains no components or
contaminants which might interfere with or have an adverse impact on the
treatment process;
(d) The waste
contains no components or contaminants which, when treated, may cause an
uncontrolled release of wastes or toxic gases or fumes;
(e) The waste contains no components or
contaminants which, when treated, would form substances or residues which the
facility could not handle properly in accordance with State and Federal
requirements.
(2)
Demonstration of the treatment process must be made by trial test. The
demonstration, appropriately modified for treatment in tanks, must comply with
06-096 C.M.R. ch. 856, §
10(G).
(3) All treatment chemicals and reagents must
be stored in a manner that minimizes the potential for spills, fires,
explosions or uncontrolled discharges or releases.
D.
Inspection, Surveying and
Recordkeeping. In addition to the requirements applicable to the storage
of hazardous waste in tanks under Section
12(D) of this
Chapter, the following requirements apply to treatment in tanks:
(1) The owner or operator must maintain and
keep current a record of:
(a) All hazardous
waste(s), by type and volume, received for treatment;
(b) Where at the facility each hazardous
waste is being held prior to treatment;
(c) Date of treatment of each waste received,
the volume treated and the method of treatment (if more than one method is
permitted);
(d) Details of all
accidents and spills at the facility; and
(e) All inspections.
This record must be maintained at the facility during
operation and upon closure must be delivered to the Department. The Department
may require that a current copy of that record be kept on file with the
Department.
E.
Air, Ground Water and Surface Water
Monitoring. The Department may require ground water, surface water and
air quality monitoring in accordance with the requirements of Sections
8(D),
8(E), and
8(F) of this Chapter
if it determines that such monitoring is necessary to ensure protection of
public health and safety or of the environment.
F.
Response to Leaks or Spills and
Closure. The requirements of Sections
12(E) and
12(G) of this
Chapter applicable to the storage of hazardous waste in tanks also apply to the
treatment of hazardous waste in tanks.