06- 096 C.M.R. ch. 800, § 4

Current through 2024-51, December 18, 2024

Section 096-800-4 - Identification of Hazardous Matter

A. Substances designated as hazardous by the United States Environmental Protection Agency (EPA) in regulations promulgated under §102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and published at 40 CFR 302.4 (as amended up to July 1, 2012) are hereby identified as hazardous matter, except that radionuclides are not designated as hazardous matter pursuant to this Chapter.

NOTE: See Appendix A of this rule.

1 Discharges of these substances in any quantity and under any circumstances must be reported and removed as required by 38 M.R.S.A. §1317 et seq., and Chapter 801, Rules of the Department of Environmental Protection, except as provided in paragraph 2 below or unless exempted under subsection C below.

2 For purposes of reporting and removal of discharges as required by 38 M.R.S.A. §1317 et seq., and Chapter 801, Rules of the Department, substances identified under paragraph 1 above, when discharged under the conditions specified in subparagraph (a) of this paragraph, are hazardous matter only when discharged in the quantities specified under subparagraph (b) of this paragraph.

a Conditions:

1 The discharge occurs on the site where the substance is generated, used or stored and does not extend or spread beyond the area on that site to which the spill prevention, control and clean-up plan described in subsubparagraph 2 applies and is effective; and

2 A spill prevention, control and clean-up plan has been prepared for the site and submitted to the Department pursuant to 38 M.R.S.A. §1318-C; and

3 The spill prevention, control and clean-up plan is applicable to the particular discharge and is effective to remove it; and

4 There is on the site available capability to implement the plan and to remove the discharge; and

5 The discharge is not in violation of any local, State or federal permit or license.

b Quantities equal to or exceeding the reportable quantity applicable to the substance, as defined according to the EPA regulations promulgated under §102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and published at 40 CFR 302.4 (as amended up to July 1, 2012).

NOTE 1: See Appendix A to this rule.

NOTE 2: EPA's "24-hour rule," so-called, is not adopted as a part of this rule. Whenever the total amount of a discharge equals the reportable quantity, the discharge must be reported.

NOTE 3: Hazardous matter which is not already hazardous waste may, when discharged, become hazardous waste if, upon discharge, it falls within the identification of hazardous waste established by Chapter 850, Rules of the Department. If so, the responsible party is the generator of the hazardous waste and must comply with the relevant requirements of Chapters 851, 853 and 857, Rules of the Department, including, for transporters, the requirements to:

notify the National Response Center at 1-800-424-8802 or 1-202-426-2675 (if required by 49 CFR 171.15 ); report in writing to Director, Office of Hazardous Materials Regulation, DOT, Washington, D.C. 20590 (if required by 49 CFR 171.16 ); for transporters by water (bulk shipments), the same notice required by 33 CFR 153.023 for oil and hazardous substances.

NOTE 4: Releases of hazardous matter identified under this chapter may also be subject to reporting to the National Response Center at 1-800-424-8802 pursuant to 40 CFR 302.4 and 302.6. Releases of hazardous substances identified pursuant to 40 CFR 302, including radionuclides which are not regulated by this chapter, are subject to reporting to the National Response Center at 1-800-424-8802 in accordance with the provisions of 40 CFR 302.

B. Substances identified by the Board of Environmental Protection as hazardous waste in Chapter 850, Rules of the Department of Environmental Protection are hereby identified as hazardous matter. Discharges of these substances in any quantity and under any circumstances must be reported and removed as required by 38 M.R.S.A. §1317 et seq. and Chapter 801, unless exempted under subsection C below.

NOTE: The identification of hazardous matter in this subsection is made under the authority of 38 M.R.S.A. §1319(l)(B).

NOTE: See NOTES 3 and 4 above regarding additional reporting requirements for discharges of hazardous waste.

C.Exemption

1 Discharges of substances identified as hazardous matter under subsections A and B of this section are exempt from the reporting and removal requirements of 38 M.R.S.A §1317 et seq., and Chapter 801, Rules of the Department, under the following conditions:

a The substance is being or has been used in normal household activity; and

b The person engaged in the activity cause or is responsible for the discharge; and

c The discharge is of a quantity reasonable for the activity; and

d It is reasonable to assume that, given the quantity, location and other circumstances of the discharge, harm to the public health, safety or welfare or to the environment will not result.

2 A discharge of a substance identified as hazardous matter which is pursuant to and in compliance with a State or federal permit or license or is otherwise authorized under State or federal law is not within the scope of the statutory prohibition 38 M.R.S.A. §1317-A. Thus, though the substance discharged is nonetheless hazardous matter, the discharge is not subject to the reporting and removal requirements of the statute and related rules.

3 Discharges meeting the requirements of Section 4(A)(2) of this Chapter.

06- 096 C.M.R. ch. 800, § 4