Section 096-418-9 - Beneficial Use LicensesThe requirements of this section apply to proposals for beneficial use of secondary materials which do not qualify for exemption under section 3, or licensing under sections 5, 6, 7 or 8 of this rule. This includes proposals for the beneficial use of emulsified asphalt encapsulated contaminated soil that was produced from contaminated soil that does not meet the definition of petroleum contaminated soil in section 1 of this rule.
A.Pre-Application Requirements. A person proposing to license the beneficial use of a secondary material under this section shall request a pre-application meeting with the Department, unless the Department has previously issued a full license to the generator of the secondary material for the beneficial use of the secondary material. The pre-application meeting will include a discussion of the beneficial use proposal, and provide an opportunity for the applicant to receive guidance on risk assessment and/or risk management measures that may be required. At least 14 days prior to the pre-application meeting, the applicant shall submit the following information to the Department:
(1) A description of the secondary material and its proposed use. This must include sufficient information to demonstrate that the proposed project is a beneficial use;(2) Information regarding the physical, chemical and, where appropriate, biological characteristics of the secondary material;(3) Results of analytical testing of the secondary material conducted in accordance with the requirements of 06-096 C.M.R. ch. 405, § 6(A), (B), and (C). The analytical requirements of 06-096 C.M.R. ch. 405, § 6(C) must be modified with Departmental approval to reflect all constituents that may reasonably be thought to be present and which may pose a risk to human health or the environment;(4) The quantities, by weight and/or volume of the secondary material;(5) A description of any risk management techniques being considered; and, (6) If it is known that a risk assessment is necessary, a description of the proposed protocol for conducting the risk assessment.B.Risk Standard. In addition to the general standards in section 4 of this rule, the beneficial use of the secondary material must not result in a greater risk than that posed by current practices and materials, or in an aggregate risk to a highly exposed individual under the proposed use or all future planned uses exceeding an Incremental Lifetime Cancer Risk of 5 X 10-6 and a Hazard Index of 1/2. Any secondary material which does not contain levels of constituents in excess of the levels listed in Appendix A of this rule is deemed to meet this risk standard for those constituents, and no additional evaluation of risk is necessary.C.Application Requirements. The applicant shall submit to the Department, on application forms provided by the Department, the following information, unless the Department determines during the pre-application review that certain information is not required: NOTE: When the Department has previously issued a license pursuant to the requirements of this section, it will generally be sufficient in a new application subsequently filed to rely on previous relevant waste characterization, and risk management/risk assessment information. Please reference the pertinent existing beneficial use license number in your application.
(1) An U.S.G.S. 7.5 minute topographic map or smaller scale equivalent map clearly marking the location(s) of the beneficial use activities, when the Department has determined that consideration of the location of the beneficial use activity is necessary to manage the risks of the proposed activity;(2) A copy of the waste characterization plan and a copy of the laboratory results of analyses demonstrating that the secondary material is non-hazardous;(3) If analysis demonstrates that the secondary material contains levels of the constituents in excess of those listed in Appendix A of this rule, a demonstration that the proposed beneficial use of the waste does not pose a significant risk to public health or an unreasonable threat to the natural environment. This demonstration may be made through a risk assessment and/or through risk management techniques such as waste treatment, project design or site selection. Risk assessments and risk management evaluations are to be conducted specific to the type of waste, and its proposed use and location. The evaluation of risk may include a discussion of the risks and drawbacks, an assessment of similar applications of the waste proposed for beneficial use, an analysis demonstrating that the chemical constituents of the secondary material are present at levels equal to or less than those existing on the proposed site of beneficial use, and/or a discussion of the relative risks in comparison with the usual methods of disposal and recycling and/or the usual construction methods and materials used in Maine; NOTE: Please refer to the DEP/CDC guidance document "Guidance for Human Health Risk Assessments for Hazardous Substance Sites in Maine" when preparing a demonstration that the proposed beneficial use of the waste does not pose a significant threat to public health or an unreasonable threat to the natural environment.
(4) A demonstration that the nature of the proposed use of the waste constitutes a beneficial use as defined in 06-096 C.M.R. ch. 400 and not disposal, and that it meets the general standards for beneficial use of section 4 of this rule;(5) A brief description of the siting, design and operation of the facility which is proposing to use the secondary material and the product(s) produced, and the manner in which the secondary material will be used. In the case of a manufacturing facility, a general description of the facility's manufacturing system must be submitted, including process flow diagrams. The complexity and degree of detail of the description will vary depending on the magnitude and complexity of the process;(6) A description of how the secondary material will be stored and handled prior to and during its use;(7) Financial assurance in the form of a letter of credit, escrow account, or other approved financial security to finance the cost of potential remediation or disposal of the secondary material;(8) Dependent upon the nature of the risk posed by a proposal to use secondary material as construction fill, the Department may require an environmental monitoring program for ground water, surface water and/or waste characteristics be included in an application. In such cases, the monitoring program must be designed in accordance with the applicable provisions of this chapter and 06-096 C.M.R. ch. 405.(9) Proposed acceptance limits for secondary materials, using physical, chemical and biological parameters as appropriate to the type(s) of secondary materials and the raw materials being used to produce the waste-derived product; and product quality assurance/quality control procedures to be used to affirm the waste-derived product meets the proposed standards; and, (10) A draft Authorization Form, prepared using the template in Appendix B of this rule, on proper use for distribution of the secondary material.06- 096 C.M.R. ch. 418, § 9