Maine
Overview of foundry sand reuse rules
Chapter 418 of Maine's Solid Waste Management Rules establishes the rules for the "beneficial use of 'secondary materials,'" exemptions, and general standards for beneficial use. A facility pursuing beneficial use projects must collect TCLP and totals analytical data and compare the results with screening standards for 579 constituents of concern. Ultimately, beneficial use projects are evaluated by the Maine Department of Environmental Protection (DEP) on the basis of the risk they pose to human health and the environment.
Maine defines "secondary materials" as "solid waste, separated from other solid wastes, that may be suitable for beneficial use." Most foundry sand probably would be considered by Maine to be secondary material, but some foundry sand may qualify as "special waste," which Maine defines as "any solid waste generated by sources other than household and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state…that may disrupt or impair effective waste management or threaten the public health, human safety or the environment and requires special handling, transportation and disposal procedures."
What reuse options are acceptable?
Beneficial uses of secondary materials regulated by Chapter 418 include, but are not limited to, use in an industrial or manufacturing process, use as construction fill, and use as fuel. Residual material proposed for agronomic use is subject to Chapter 419, Agronomic Utilization of Residuals, of DEP's rules. Maine DEP may grant temporary approval for a pilot project or experimental project on a case-by-case basis.
What restrictions apply?
The beneficial use of the secondary material must not result in a greater risk than that posed by current construction 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 0.5. Facilities must meet screening standards for 579 contaminants to be considered as meeting the risk standard for those constituents. If analysis demonstrates that the secondary material contains levels of the constituents in excess of screening standards, then the applicant must demonstrate through a risk assessment and/or through risk management techniques that the beneficial use of the waste does not pose a significant threat to public health or an unreasonable threat to the natural environment.
Do I need a permit?
The licensee must submit Maine DEP’s standard form, Application for Beneficial Use of Solid Waste.
What steps do I need to take to reuse my foundry sand?
Even for a special waste, a facility may petition for a variance from the waste classification, followed by an application for a beneficial use license. When a processing, industrial, or manufacturing facility is licensed to beneficially use a secondary material for fuel or raw material substitution, the generator supplying the secondary material to that licensed facility is not required to obtain a beneficial use license. For all other reuses, the generator must apply for approval, and in some cases the end user must obtain a license as well.
Prior to a pre-application meeting, the applicant must submit supporting documentation for the beneficial use proposal that (1) demonstrates the secondary waste is non-hazardous and (2) includes a description of the secondary material and its proposed use; the physical, chemical, and, where appropriate, biological characteristics of the secondary material; results of analytical testing that reflect all constituents that may reasonably be thought to be present and that may pose a risk to human health or the environment; the quantities, by weight and/or volume, of the secondary material; a description of any risk management techniques being considered; and, if it is known that a risk assessment is necessary, a description of the proposed protocol for conducting the risk assessment.
Where can I get testing performed?
List test regional labs.
What reporting and recordkeeping requirements must I meet?
For ongoing beneficial uses, the licensee must submit an annual report containing a summary of activity during the past year, the sources of the secondary material received, and results of any waste characterization.
What other requirements must I meet?
The applicant must submit a waste characterization sampling and analytical work plan, and TCLP analysis and totals analysis are required for all beneficial reuse applications. Any statistical analyses performed must be done in accordance with the requirements of EPA’s Test Methods for Evaluating Solid Waste, SW-846, 4th edition, Volume II, Chapter 9. For land application or use as a soil amendment, each type of land application triggers a different set of requirements (buffer zones near water resources, annual loading rates, total loading rates).
If intended to be used as a raw material substitute in manufacturing, the beneficially used secondary material must perform as an acceptable substitute for the material it is replacing.
If the secondary material is intended to be beneficially used as a product, it must meet or exceed the applicable generally accepted product specifications and standards for that product.
The beneficial use will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. A beneficial reuse may not be located in, on, or over any protected natural resource or be located adjacent to, and operated in such a manner that material or soil may be washed into, any protected natural resource.
More information
Most Relevant Regulation/Policy: Maine Chapters 405, 418, and 419 of Maine's Solid Waste
State Solid Waste Regulations: Solid Waste Chapters 400–425
State Hazardous Waste Regulations: Hazardous Waste Chapters 800-857
Regulation/Policy Website: http://www.maine.gov/sos/cec/rules/06/chaps06.htm
Responsible Waste Division Bureau of Remediation and Waste Management
State Agency Point of Contact: Clif Eliason, Bureau of Remediation and Waste Management, 207-287 6115, clifton.g.eliason@state.me.Us
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