Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 858 - STANDARDS FOR UNIVERSAL WASTE
Section 096-858-4 - Definitions
Current through 2024-38, September 18, 2024
For the purposes of this Chapter, terms not defined in this section have the meaning given them in 06-096 C.M.R. ch. 850, or in 38 M.R.S. sections 361-A and 1303- C.
A. Architectural Paint. Architectural paint means interior and exterior architectural coatings sold in containers of 5 gallons or less that is unused but intended for painting components of houses or other buildings. For the purposes of this Chapter, architectural paint only includes materials defined as a hazardous waste by characteristic or that contains a listed hazardous waste in accordance with 06-096 C.M.R. ch. 850, § 3, that are generated by a person or entity that generates less than 100 kilograms (kg) in a calendar month (approximately 27 gallons or less) and accumulates no more than 55 gallons of hazardous waste at any one time in aggregate, including hazardous wastes other than architectural paints, or acutely hazardous waste in amounts less than or equal to those amounts specified in 06-096 C.M.R. ch. 850, § 3(A)(5)(c). Architectural paint does not include industrial, original equipment or specialty coatings, ignitable or F-listed paint thinners, mineral spirits or solvents used for cleaning paint-related equipment, or other ignitable or F-listed paint thinners or solvents contaminated with architectural paint. Architectural paint also does not include: aerosol paints (spray cans), arts and crafts paints, adhesives and caulking compounds, epoxies, glues, automotive and marine paints, 2-component coatings, deck cleaners, industrial maintenance (IM) coatings, original equipment manufacturer (OEM) paints and finishes (shop applications), paint additives, colorants, tints, resins, roof patch and repair, tar, asphalt and bitumen based products, traffic and road marking paints, and wood preservatives. Architectural paint may only be managed as universal waste if an approved Stewardship plan is also in place.
NOTE: Latex, water-based, and acrylic interior and exterior paints are not generally hazardous waste.
NOTE: Household hazardous wastes that are also a type of universal waste may be managed through the universal waste program.
B. Ballast. Ballast means a device that electronically controls light fixtures and includes a capacitor containing 0.1 kg or less of dielectric.
C. Cathode Ray Tubes. Cathode Ray Tubes (CRTs) means a product video display component of televisions, computer displays, military and commercial radar, and other display devices.
D. Central Accumulation Facility. Central Accumulation Facility means a facility where:
NOTE: Section 4(D)(3) of this Chapter allows sign service companies, electricians, and other service companies that service a generator's lights, and other universal waste, to take these wastes back to their facilities by using a log, store them for a period of time and then transport them to an instate Consolidation facility. The instate consolidator would then take the log information and submit a Quarterly Report to the Department.
E. Collection Container. Collection container means a container that is designed to store more than one universal waste item, and for architectural paint, a reusable plastic or metal tote or drum. For a one or two day collection event of paint waste, a plastic lined cardboard gaylord box or lined roll off box may be used.
F. Consolidation Facility. Consolidation Facility means a facility where universal waste is consolidated and temporarily stored while awaiting shipment to a recycling, treatment or disposal facility. This facility is typically where a central accumulation facility will send its waste initially.
G. Hazardous Waste Management Rules. Hazardous Waste Management Rules means 06-096 C.M.R. chs. 850 through 858 inclusive.
H. Lamp. Lamp means a bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of lamps are fluorescent lamps, high intensity discharge lamps, neon lamps, mercury vapor lamps, high pressure sodium lamps and metal halide lamps. Lamp includes both lamps that fail the Toxicity Characteristic Leaching Procedure (TCLP) and those that contain mercury but pass the TCLP.
I. Mercury Device. Mercury Device means a manufactured item that has mercury added. Examples of mercury devices are mercury thermometers, mercury manometers, sphygmomanometers, and mercury switches. The term does not include a motor vehicle mercury switch.
J. Mercury Switch. Mercury Switch means a mercury added manufactured item that uses metallic mercury to measure, control or regulate the flow of gas, fluids or electricity.
K. Mercury Thermostat. Mercury Thermostat means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element.
L. Motor Vehicle Mercury Switch. Motor Vehicle Mercury Switch means a mercury switch used in a motor vehicle. It includes mercury light switches used to turn a light bulb or lamp on and off and a mercury switch used in anti-lock braking systems.
M. Recycling Center. Recycling Center means a publicly owned or publicly contracted facility that primarily handles municipal recyclables and that receives pre-separated, uncontaminated, unwanted paper, cardboard, glass, plastic, metal, and universal wastes. A recycling center is not a recycling facility.
N. Recycling Facility. Recycling Facility means a "destination facility", as defined in 40 C.F.R. §273.9, or a facility, where universal wastes are dismantled, hazardous constituents recovered, reclaimed or separated for reuse, which is authorized or licensed to do so in accordance with 06-096 C.M.R. ch. 854, 06-096 C.M.R. ch. 855, and 06-096 C.M.R. ch. 856 or under the destination facility's State regulatory program.
O. Small Universal Waste Generator. Small Universal Waste Generator means a person or entity that generates in any calendar month or accumulates on site at any one time no more than:
The total weight of all universal waste including batteries must be no more than 5,000 kg.
A one-time generation of lamps under a Green Lights or other similar energy conversion program that is completed within six months or a mercury thermometer collection event, is exempt from the 200 item count provided no more than 5,000 kg of universal waste are generated and the waste is managed in accordance with the standards for a Green Lights Program or mercury thermometer collection event in Section 10 of this Chapter.
NOTE: 5,000 kg approximately equals 20,000 lamps.
40 tons of Cathode Ray Tubes (CRT's) approximately equals 4,000 CRT's.
An anti-lock brake system is considered one universal waste unit even though it may contain up to three mercury switches per unit.
P. Universal Wastes. Universal wastes are those wastes determined by the Department to meet the criteria in 06-096 C.M.R. ch. 850, § 3(D). These universal wastes are:
NOTE: Only mercury-containing lamps or lamps otherwise hazardous are included as universal wastes.
NOTE: Batteries are managed as universal waste in accordance with Section 12.
