Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
3. How can I tell if the waste materials I handle are considered
4. How long can I store hazardous wastes on site?
5. Who can transport and receive the wastes I ship off site?
6. What records do I have to keep?
7. Do I have to file reports?
8. What training requirements do I have to meet?
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Maine these differences include:
The waste codes as designated in Maine Rules follow the federal coding conventions (D, F, U and P coding, consistent with federal codes) and as such, the corresponding federal code must be entered on the new federal manifest in Item 13 pursuant to the manifest instructions. However, Maine has state-specific waste codes for "state-listed" hazardous wastes (i.e. "state-regulated only") that are not found in the federal hazardous waste rules (i.e. "not redundant" with federal waste codes). As such, these "state-regulated only/ not redundant" waste codes must be entered on the manifest in Item 13 for shipments of such wastes. The most common example is "M002" which is the Maine waste code for waste Polychlorinated Biphenyl (PCB), including any chemical substance or combination of chemical substances that contain 50 parts per million or greater of PCBs. A listing of "state-regulated only" waste codes can be found here. In addition, the State of Maine does not incorporate many of the federal exemptions and exclusions to the definition of solid waste and hazardous waste. Hazardous waste sent off-site for recycling or reclamation is not exempt from Maine regulations. Hazardous waste being sent for recycling or reclamation must use a uniform hazardous waste manifest to document the shipping. For wastes which are regulated as hazardous waste in Maine, but federally-exempt, the waste codes as designated in Maine Rules must be entered on the manifest in Item 13. Again, Maine Rules identify characteristic hazardous wastes by the same waste codes used under the federal rules (e.g. D001, D002, D003, D004, etc.), and identify listed hazardous waste using the F, P, and U-waste codes similar to the federal coding convention. As noted above, Maine Rules include state-specific wastes, including listings for PCBs (M002) and several P- and U- coded wastes which are not listed federally. For shipment of these wastes in Maine, the waste code as identified in Maine Rules must be entered on the manifest in Item 13. Generators may chose to specify in Item 14 of the manifest that such waste is "state-regulated only", but this is not required. The State of Maine regulates batteries, cathode ray tubes, mercury or lead containing lamps, mercury devices, mercury thermostats and motor vehicle mercury switches as universal waste. Generators of universal wastes must ship and track their waste using a hazardous waste manifest, a Uniform Bill of Lading, or an alternative form approved by the Department. If a generator chooses to use a hazardous waste manifest for a universal waste shipment, then item counts of the waste must be supplied in Item 14. Special Handling Instructions and Additional Information. Universal wastes use the prefix MR followed by the federal or state waste code. For example, mercury containing lamps would use the code MRD009. For additional examples, see Appendix J of the Universal Waste Handbook. Waste oil being transported into Maine from out of state must be accompanied by a hazardous waste manifest. The results from analysis required by the Waste Oil Management Rules, Chapter 860.15(C) may be recorded in Item 14. Special Handling Instructions and Additional Information. If the results are not included on the manifest in Item 14, then a copy of the results must be attached to each copy of the manifest at the time of each copy's distribution. If a shipment of waste oil from a storage facility does not meet the specification described in Chapter 860.4(B), then it must be accompanied by a hazardous waste manifest pursuant to Waste Oil Management Rules, Chapter 860.13(B)(2)(b). The results of the analysis may be recorded in Item 14. Special Handling Instructions and Additional Information. If the results are not included on the manifest in Item 14, then a copy of the results must be attached to each copy of the manifest at the time of each copy's distribution.
The State of Maine requires copies of the manifest be submitted from both generators and facilities, regardless of whether the waste is sent out of state or coming into the state. Since the new manifest has six copies, it is the generator's responsibility to make a photocopy of the manifest upon initiating a shipment and submit it to the Department within seven (7) days of the shipment. This requirement is found in the Hazardous Waste Management Rules (hereafter "Maine Rules"), Chapter 857.7(A)(5). The transporter may send copies of the manifest to the Department as a service to the generator. The Department may require the transporters to submit copies for the generator as a condition of its transporter license. The Maine Rules require that the Designated Facility mail the appropriate copies of the manifest to the Department, regardless of whether the State of Maine is considered the "Generator State" (i.e. shipment is from a Maine-based generator) or "Destination State" (i.e. shipment is to a Maine-based designated facility). This requirement is in the Maine Rules, Chapter 857.9(A)(3)(b) and (c). Copies should be mailed to this address: Hazardous Waste Manifest, Bureau of Remediation & Waste Management, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333.
Other Notes, Comments:: None.
10. What are some other differences between federal and state