A. The standards
set forth in this section are applicable to all waste facilities for hazardous
waste, except as specifically provided otherwise in this Chapter or in 06-096
C.M.R. ch. 856. An applicant for a license must demonstrate in the application
that the facility has been designed, will be established, constructed or
altered and will operate in compliance with these standards. A licensee must
operate the facility so as to comply with these standards.
B. The plans, specifications, descriptions
and other documentation submitted by the applicant in support of the
application and approved by the Board in issuing the license constitute terms
of the license which must be complied with by the licensee. These plans,
specifications, descriptions and other documentation include, without
limitation, those required by 06-096 C.M.R. ch. 856, §
10 and this Chapter.
C. The facility must be established,
constructed, altered and operated in compliance with the following
requirements:
(2) 40 C.F.R. §264.12, Required Notices,
except that the phrase "of this Part and Part 270 of this chapter" in 40 C.F.R.
§264.12(c) shall mean "of this Chapter and 06-096 C.M.R. ch.
856";
(3) 40 C.F.R. §264.13,
General 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, the phrase "Part 270 and Part 124 of
this chapter" found in 40 C.F.R. §264.113(d) when referenced in 40 C.F.R.
§264.13(a)(1) shall mean 06-096 C.M.R. ch. 856, all references to Part 261
shall mean 06-096 C.M.R. ch. 850, the references to 40 C.F.R.
§§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 264.1083 shall
mean this Chapter and the reference to 40 C.F.R. §268.7 shall mean 06-096
C.M.R. ch. 852, and the reference to 40 C.F.R. §260.22 in 40 C.F.R.
§264.13(b)(7) (iii) shall mean 06-096 C.M.R. ch. 850;
(4) 40 C.F.R. §264.14,
Security;
(5) The daily inspection
requirements of 06-096 C.M.R. ch. 856, §
10(B)(3) and General
Inspection Requirements of 40 C.F.R. §§264.15(a), 264.15(b)(1) -(4),
264.15(c) and 264.15(d), except that any references to sections of 40 C.F.R.
Part 264 shall mean this Chapter;
(6) 40 C.F.R. §264.16, Personnel
Training. In addition, the training program must be approved by the Department
prior to operation of the facility;
(7) 40 C.F.R. §264.19, Construction
quality assurance program, as applicable to all surface impoundments, waste
piles, and landfill units, except that references to provisions of Part 264
mean analogous provisions of this Chapter and references to Part 270 shall mean
Chapter 856.
(8) 40 C.F.R.
§§264.17, 264.31-264.37, Preparedness and Prevention, except that
references to 40 C.F.R. §264.13 shall mean Section 6(C)(3) of this
Chapter. In addition, the precautions required to be taken by 40 C.F.R.
§264.17 must meet applicable requirements of codes, standards and rules of
the Department of Public Safety (State Fire Marshal's Office); the aid
agreements required by 40 C.F.R. §264.37 must be in writing, on file with
each party to the agreement and with the Department, readily accessible to
facility personnel, and reviewed and updated annually; and the facility owner
or operator shall provide copies of the agreement to all parties thereto and
shall file a copy with the Department prior to the commencement of operation of
the facility and upon each update of the agreement;
(9) 40 C.F.R. §§264.51-264.56,
Contingency Plan and Emergency Procedures, except that the reference in 40
C.F.R. §264.52(b) to "Part 112 of this chapter" shall read "Part 112 of
EPA regulations";
NOTE: Applicable facilities must also comply with 06-096
C.M.R. ch. 856, §
13(A)(14).
(10) The owner or operator must keep a
written record at the facility. The following information must be recorded, as
it becomes available, and maintained in the operating record as required in 40
C.F.R. §264.73 and Appendix I to 40 C.F.R. Part 264:
(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 264, except that references to 40 C.F.R. §264.73 shall mean Section
6(C)(10) of this Chapter, and references to 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.
§264.73(b)(2) -(19), except that all references to Part 264 or subparts or
sections thereof shall mean the applicable provisions of this Chapter and all
references to Part 268 or subparts or sections thereof shall mean the
applicable provisions of 06-096 C.M.R. ch. 852;
(11) 40 C.F.R. §264.74, Availability,
Retention, and Disposition of Records, except that the reference to 40 C.F.R.
§264.73(b)(2) shall mean Section 6(C)(10)(b) of this Chapter;
(12) 40 C.F.R. §264.75, Annual Report,
except that references to sections within 40 C.F.R. Part 264 shall mean this
Chapter, 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. §264.76, 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) and the phrase
"if the waste is not excluded from the manifest requirement by this chapter" is
deleted;
(14) In addition to
submitting annual reports and unmanifested waste reports as specified in
Sections 6(C)(12) and 6(C)(13) of this Chapter, the owner/operator must comply
with 40 C.F.R. §264.77 and report to the Department any releases, fires,
and explosions as specified in Section 6(C)(9) of this Chapter, and report to
the Department any facility closures and other information as required by this
Chapter or deemed necessary by the Department for effective management of
wastes, including reports concerning quantities and handling of hazardous
waste;
(15) 06-096 C.M.R. ch. 857
Manifest Requirements; and all applicable requirements of transboundary
movement of hazardous waste in accordance with 40 C.F.R. §262 Subpart
H;
(16) 40 C.F.R.
§§264.111-264.115, closure for all facilities, and 40 C.F.R.
§§264.116-264.120 post-closure requirements for all disposal
facilities, and waste piles, surface impoundments, and tanks closing as
landfills, except that:
(a) References to
other sections or subparts of 40 C.F.R. Part 264 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 06-096 C.M.R. ch. 851;
(d) 40 C.F.R. §§264.112(b)(8),
264.112(c)(2) (iv), 264.112(e), 264.118(b)(4) and 264.118(d)(2)(iv) shall be
deleted;
(e) Certification of
closure of any unit (not just land disposal units as provided in 40 C.F.R.
§264.115) used to handle hazardous wastes is required within 60 days of
completion of closure; and
(f) The
notification of closure required by 40 C.F.R. §264.112(d) must be provided
at least 180 days prior to the date on which closure is expected to
begin.
(17) The
financial requirements of 40 C.F.R. §§264.141-264.143 and
264.147-264.151 for all facilities, and 40 C.F.R. §264.144-264.146 for all
facilities subject to post-closure requirements, except that:
(a) References to other sections or subparts
of 40 C.F.R. Part 264 shall mean this Chapter.
(b) References to sections or subparts of 40
C.F.R. Part 265 shall mean 06-096 C.M.R. ch. 855.
(c) References to section 3008 of RCRA shall
mean applicable Board or Department procedures.
(d) References to sections or subparts of 40
C.F.R. Parts 124 or 270 shall mean 06-096 C.M.R. ch. 856.
(e) Liability coverage must not be
demonstrated through a financial test or corporate guarantee, therefore 40
C.F.R. §§264.147(a)(2), 264.147(b)(2), 264.147(f), and 264.147(g);
and 40 C.F.R. §§264.151(g) and (h)(2) are deleted and are not
incorporated by reference; and combinations of coverage must not include the
financial test or corporate guarantee.
(f) When a financial test is selected as the
method of providing closure or post-closure assurance, the applicant must
include in the application the most current copy of Form 10K as filed with the
Securities and Exchange Commission or equivalent financial information. A
current copy of Form 10K or equivalent financial information must be submitted
to the Department with the annual fee each year for the term of the
license.
(g) Any trust agreement
must provide that the trustee is prohibited from investing trust funds in
Commodities, Real Estate Investment Trusts (REITs), Corporate or Municipal
Bonds which have not received the highest rating by Moody's Investment Service
or Standard & Poor's, equity shares of firms which are not subject to
regulation by the Securities and Exchange Commission, Foreign Currency
speculation or in any other investment vehicle that is not consistent with the
"Prudent Investor" concept as it would apply to assuring that funds are
available for carrying out a future activity with vital public interest. The
agreement must also provide that primary consideration in making investments
must be given to prompt liquidity and face value of assets held in
trust.
(h) The owner or operator
must pay into a closure or post-closure trust fund according to the following
requirements:
(i) The owner or operator shall
deposit 25 percent of the sum required into the trust fund on the date the
facility license is issued. The license is not effective until the deposit is
made.
(ii) The remaining 75 percent
of the sum required, adjusted for inflation, must be deposited in the trust
fund in equal installments on or prior to the anniversary of the date upon
which the license was issued, in each remaining year of the term of the
license. The license remains in effect only if each deposit is made. The
obligation to make deposits ceases only upon an approved transfer of the
license or upon full payment.
(iii)
After the last annual deposit to the trust fund, subsequent annual deposits to
account for inflation must be made over the life of the facility. The license
remains in effect only if these deposits are made. The obligation to make
deposits ceases only upon an approved transfer of the license or upon
accomplishment of closure.
(iv) If
the Department determines that the costs of closure or post-closure are
increased, it may require the owner or operator to deposit additional funds
into the trust fund by single deposit or according to a schedule. If according
to a schedule, adjustment for inflation must be made for each deposit after the
first. The license remains in effect only if the additional deposits are made.
The obligation to make deposits ceases only upon an approved transfer of the
license or full payment or upon accomplishment of closure or termination of the
post-closure care period.
(v) If a
license is suspended or revoked, the Department may require deposits to be made
according to Section 6(C)(17)(h)(i) through (iv) of this Chapter or may impose
an accelerated schedule or may require immediate full payment, with adjustment
for estimated inflation.
(vi) When
computing the annual inflation adjustment for closure or post-closure trust
funds, the owner or operator must use the Implicit Price Deflator for Gross
National Product as published by the Bureau of Economic Analysis (BEA) of the
U.S. Department of Commerce.
NOTE: Example Computation:
2020(Q1) Implicit Price Deflator 113.375
2019(Q1) Implicit Price Deflator 111.388
113.375/111.388 = 1.018 Adjustment Factor
Assuming that the initial closure cost estimate, prepared in
2019, was $250,000, then $250,000 x 1.018 = $254,500 (new adjusted closure cost
requirement). The licensee would then be required to adjust the monetary value
of the funding instrument to reflect the new adjusted monetary amount, or
portion thereof. The Implicit Price Deflator values used in this example are
based on an index number in which year 2012 = 100. BEA periodically updates the
index year.
(i)
The owner or operator must submit with the application and must submit annually
thereafter proof of liability insurance for the facility for sudden and
accidental occurrences. Coverage must be provided during active life and
closure and, where wastes will remain on the facility property after closure,
during the post-closure period. The level of coverage must be at least one
million dollars per occurrence and two million dollars annual aggregate, unless
because of a greater risk a higher minimum is required by the Board for a
particular facility.
NOTE: The liability insurance requirements (40 C.F.R.
§264.147) are in addition to the financial assurance requirements for
closure (40 C.F.R. §264.143) and post-closure (40 C.F.R.
§§264.145).
(j)
The owner or operator of a facility that utilizes a landfill, land treatment,
surface impoundment or underground storage in tanks to handle hazardous waste
or of a facility where hazardous waste will or is likely to remain on the
facility property after closure must submit with the application and must
submit annually thereafter proof of liability insurance for the facility for
non-sudden and accidental occurrences. Coverage must be provided during active
life and for so long as any waste remains on the facility property but for no
longer than the post-closure period. The level of coverage must be at least
three million dollars per occurrence and six million dollars annual aggregate,
unless because of a greater risk a higher minimum is required by the Board for
a particular facility.
(k) Wording
of liability insurance endorsements must be identical to the wording contained
in 40 C.F.R. §264.151(i) except that subparagraph 2(b) of the endorsement
must read: "The Insurer is liable for the payment of amounts within any
deductible applicable to the policy, with a right of reimbursement by the
insured for any such payment made by the Insurer."
(l) All liability insurance coverage amounts
must be exclusive of legal defense costs.
(m) A financial test may not be utilized in
lieu of liability insurance nor may an owner or operator self-insure. If
liability insurance is unavailable, a $2,000,000 letter of credit drawn on a
reputable bank, the terms of which the Department must approve, may be utilized
in lieu of liability insurance for sudden and accidental occurrences.
(n) If a liability insurance policy is
written as a "claims made" policy, an endorsement must provide for a discovery
period of at least twelve (12) months beyond the date of expiration or
cancellation of the policy. The endorsement must also provide that the
underwriter will notify the public according to the requirements below:
(i) At least sixty (60) days prior to the
date upon which the policy will expire or be canceled, give written
notification to all owners of property abutting the facility and to the chief
elected official in the municipality in which the facility is located and in
each of the municipalities immediately abutting the municipality in which the
facility is located, that insurance for the facility will expire or be
canceled, giving date of expiration or cancellation, and that claims against
the insured must be filed within twelve (12) months from the date of expiration
or cancellation, specifying where and how claims can be filed;
(ii) During the first, third, sixth and ninth
month subsequent to the date of expiration or cancellation, place in each of
the State's major newspapers (Portland Press Herald, Bangor Daily News,
Lewiston Sun, Kennebec Journal, and Waterville Sentinel) and in all local
newspapers published or widely distributed in the municipality where the
facility is located an advertisement designed to attract notice and containing
the information specified in (i) above.
(18) 06-096 C.M.R. ch. 851, §§
8(A) and
8(B), Pre-Transport
Requirements.
(19) 40 C.F.R.
§264.101, Corrective Action for Solid Waste Management Units.
(20) Applicable air emission standards of 40
C.F.R. Part 264, Subparts AA, BB, and CC and all other requirements of this
Chapter.
NOTE: If any standard of 40 C.F.R. Part 264, Subparts AA, BB,
and CC conflicts with any requirement of this Chapter, including the
"Additional Standards Applicable to Hazardous Waste Incinerators" in Section
13 of this Chapter, then the facility
must comply with the more stringent requirement.
(21) 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.
D. No person
shall own or operate a waste facility for hazardous waste without having
obtained a hazardous waste facility identification number specific to the site.
The identification number must be comprised of the identification number
assigned to the facility by the U.S. Environmental Protection Agency (EPA) or
the Department, including any state-specific identifying number or letter as
may be assigned by the Department.
NOTE: An owner or operator must apply to EPA for an
identification number in accordance with the EPA notification procedures of 40
C.F.R. §264.11.
E. An
applicant must demonstrate in the application sufficient financial capacity,
including projections of utilization of the facility by hazardous waste
generators, to construct, operate and maintain all aspects of the facility in
accordance with requirements of statute and rules. A licensee must maintain
sufficient financial capacity for the term of the license, including any
renewal license, and at the time of renewal must demonstrate sufficient current
financial capacity including current projections of utilization of the facility
during the renewal term.
F. For a
facility at which hazardous waste will be disposed, the applicant must
demonstrate that the volume of waste and the risks related to its handling will
have been reduced to the maximum practical extent. A licensee must operate the
facility to meet this requirement during the term of the license, including
renewal thereof, and at time of renewal must provide a current demonstration
that the requirement is met.
G. An
application for a mobile treatment facility may consist of two phases:
(1) The first consisting of general
operational, structural features, and generic siting criteria.
(2) The second consisting of site specific
operating and siting features.
