On July 7, 2026, the Maine Department of Environmental Protection (ME DEP) finalized and adopted significant updates to the Chapters 850-859 Hazardous Waste Rules. While there are several state-specific changes to the regulations, the updates primarily bring Maine’s regulations into alignment with the federal Resource Conservation and Recovery Act (RCRA) regulations governing hazardous waste management. These rules were proposed in January 2026.
Updates to Hazardous Waste Generator Requirements
The most significant updates are to the requirements for generators of hazardous waste. Maine’s generator categories have historically differed somewhat from the federal generator categories; ME DEP has now renamed these categories, as shown in Table 1, and amended certain requirements for the management of hazardous waste.
ME DEP Hazardous Waste Generator Categories
| New (July 2026) Generator Category | Previous Generator Category | Hazardous waste generated per calendar month | Acute hazardous waste generated per calendar month | Residues from cleanup of acute hazardous waste generated per calendar month | Hazardous waste accumulated on-site |
| Fully-Regulated Generator¹ | Large Quantity Generator | >100 kg | >1 kg | >100 kg | >600 kg |
| Very Small Quantity Plus Generator | Small Quantity Plus Generator | <100 kg² | <1 kg | <100 kg | >55 gallons and <600 kg |
| Very Small Quantity Generator | Small Quantity Generator | <100 kg² | <1 kg | <100 kg | <55 gallons |
1 Note that a generator becomes a Fully-Regulated Generator if any of the storage or accumulation criteria are met.
2 Very Small Quantity Generators and Very Small Quantity Plus Generators would be subject to standards for Fully-Regulated Generators if they generate 1 kg or more listed commercial cleaning products; 1 kg or more F020, F021, F022, F023, F026, F027, and F028 wastes; waste containers larger than 20L; or more than 10 kg of certain types of inner liners.
Under the updated regulations, Very Small Quantity Generators may no longer use a ME DEP generic EPA identification number (EPA ID) (MEX020000000). All generators are now required to obtain a facility-specific EPA ID. Very Small Quantity Generators and Very Small Quantity Plus Generators must also notify ME DEP of their generator status beginning in 2026 and re-notify by September 1 every five years thereafter. From a practical standpoint[1], ME DEP expects those generators who had been using the generic EPA ID to obtain their own site-specific EPA ID by the end of 2026, and expects those Very Small Quantity Generators and Very Small Quantity Plus Generators who already have an EPA ID to re-notify. Renotification can be accomplished via the myRCRAid module of RCRAInfo or by submitting a paper copy of EPA Form 8700-12 to ME DEP. Fully-Regulated Generators must re-notify ME DEP of their generator status by March 1 of every even-numbered year. This can be accomplished at the time of the federal biennial hazardous waste report (Maine requires annual reporting, but uses the federal reporting forms in even-numbered years).
The recent amendments formally allow Small Quantity Generators and Small Quantity Plus Generators to accumulate waste on-site for up to 180 days. Although it was often allowed in practice (and indicated in guidance documents), Maine’s hazardous waste regulations previously limited all generator categories to no more than 90 days of on-site waste accumulation. The amended regulations also include episodic generation rules similar to those at the federal level. Very Small Quantity Generators and Very Small Quantity Plus Generators may exceed generation and accumulation thresholds during a properly documented and managed episodic event. Fully-Regulated Generators may consolidate hazardous waste received from Very Small Quantity Generators and Very Small Quantity Plus Generators under common control, provided the facility notifies ME DEP at least 30 days in advance and meets management and recordkeeping requirements.
The July 2026 amendments enhanced management requirements for satellite accumulation areas (SAAs). Rather than requiring the accumulation start date to be added to the container label when either 55 gallons of hazardous waste or 1 quart of acute hazardous waste is generated, the updated regulations clarify that the accumulation start date is to be applied when the container is filled (i.e., if it is less than a 55-gallon capacity container). At that time, the generator has 72 hours to move the container to a Central Accumulation Area (CAA) or to ship it off-site for disposal. These changes align ME DEP’s container regulations with federal requirements for compatibility and labeling. SAA containers must now bear labels that include the words “Hazardous Waste” as well as an indication of the hazards consistent with the hazardous characteristic, Department of Transportation (DOT) labeling and placarding requirements, Occupational Safety and Health Administration (OSHA) hazard communication requirements, or National Fire Protection Association (NFPA) code 704 requirements. Previously, only the words “Hazardous Waste” were required on SAA containers that had not been filled. Once a container is moved from an SAA to a CAA, it must be labeled with the words “Hazardous Waste,” an indication of the hazard(s), applicable EPA waste codes (e.g., D001, F003, etc.), and the accumulation start date. Containers being shipped offsite for disposal must also meet DOT requirements.
[1] Based on a July 15, 2026 telephone call to ME DEP.
Alignment with Federal Regulations
Maine’s requirements must remain at least as stringent as the federal requirements. To that end, ME DEP updated regulations in a few ways:
- Maine has adopted federal exclusions for airbag inflators and fully assembled airbag modules
- The updated regulations exclude shredded circuit boards intended for recycling from the definition of hazardous waste, provided they are stored in containers that prevents release and do not contain mercury relays or switches, or nickel cadmium batteries, or lithium ion batteries
- Maine has formally codified the federal prohibition on sewer disposal of hazardous waste pharmaceuticals
- The regulatory updates clarify that the P075 waste code (nicotine) may not be applied to FDA-approved nicotine replacement therapies such as patches, gums, or lozenges.
Maine has also adopted a new Chapter 859 closely mirrors the federal RCRA Subpart P rules for Hazardous Waste Pharmaceuticals. This will streamline requirements for the management of hazardous waste pharmaceuticals at healthcare and veterinary facilities. Under these new standards, healthcare and veterinary facilities (but not pharmaceutical manufacturers or retailers) no longer have to count hazardous waste pharmaceuticals towards their generator status and can employ specialized management standards for these waste materials prior to sending them through reverse distribution. Reverse distributors are not subject to licensing as hazardous waste treatment, storage and disposal facilities (TSDFs).
Universal Waste Updates
Maine has added aerosol cans and electronic devices to the universal waste list. Universal wastes are regulated under Chapter 858. Aerosol cans were added to the federal universal waste rules in 2020. ME DEP has defined an “electronic device” as a “device or component thereof that contains one or more circuit boards and is used primarily for communication, data transfer or storage, or entertainment purposes, including but not limited to, desk top and lap top computers, computer peripherals, monitors, copying machines, scanners, printers, radios, televisions, camcorders, video cassette recorders (“VCRs”), compact disc players, digital video disc players, MP3 players, telephones, including cellular and portable telephones, and stereos.” Maine has long included several items in its universal waste list that are not included in the federal list (cathode ray tubes [CRTs], architectural paints, sealed non-PCB ballasts), but does not include pesticides. The updates to Chapter 858 also require a mercury cleanup kit to be present at any facility accumulating mercury-containing universal waste and prevent treatment (e.g., crushing, shredding, heating, etc.) and disassembly of CRTs without a license.
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