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 Maine’s current regulations, Small Quantity Generators (proposed Very Small Quantity Generators) may use a ME DEP generic EPA identification number (EPA ID) (MEX020000000). Under the proposed rules, all generators would have to obtain a facility-specific EPA ID. Very Small Quantity Generators and Very Small Quantity Plus Generators would be required to notify ME DEP of their generator status beginning in 2025[3] and by September 1 every five years thereafter. Fully-Regulated Generators would be required to renotify 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).
Maine’s existing hazardous waste regulations do not allow any category of generator to accumulate waste on-site for more than 90 days. In practice (and included in guidance documents), Maine has allowed Small Quantity Generators and Small Quantity Plus Generators to accumulate waste on-site for up to 180 days. The proposed regulations would codify this 180-day accumulation limit for Very Small Quantity Generators and Very Small Quantity Plus Generators. The proposed regulations would allow Very Small Quantity Generators and Very Small Quantity Plus Generators to exceed generation and accumulation thresholds during a properly documented and managed episodic event. Fully-Regulated Generators would be permitted to consolidate hazardous waste received from Very Small Quantity Generators and Very Small Quantity Plus Generators under common control, provided it notifies ME DEP at least 30 days in advance and meets management and recordkeeping requirements.
The proposed regulations provide 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 proposed 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 would also align ME DEP’s container regulations with federal requirements for compatibility and labeling. SAA containers would be required to bear labels that included 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. Currently, only the words “Hazardous Waste” are required on SAA containers that have not been filled.
Under the proposed regulations, once a container is moved from an SAA to a CAA, it would need to 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. Under the existing regulations, only the words “Hazardous Waste” and the accumulation start date are required, though in practice additional information is often included on the labels to help meet transportation requirements.
Universal Waste Updates
Maine is also proposing to add aerosol cans and electronic devices to the universal waste list. Universal waste are regulated under Chapter 858. Aerosol cans were added to the federal universal waste rules in 2020. ME DEP proposes to define 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.” This broad array of devices would be subject to universal waste management standards under the proposed rules. 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 proposed updates to Chapter 858 also require a mercury cleanup kit to be present at any facility accumulating mercury-containing universal waste and prevents treatment (e.g., crushing, shredding, heating, etc.) and disassembly of CRTs without a license.
Public Comment Period
ME DEP is hosting a public hearing on February 19, at 9:00am, at the Augusta Armory. Comments will be accepted until March 2, 2026, at 11:59pm. See the ME DEP’s Rulemaking Update for information about how to attend the hearing or submit a comment.
Need Help Now?
Have questions about these proposed rules, hazardous waste management, or environmental compliance in Maine? Trinity’s Boston office has experts on environmental compliance throughout New England! Call us at 508.273.8600.
[3] The proposed regulations reference 2025. This may change in the final rules.
