Comment submitted by James Brooks, Director, Bureau of Air Quality, Maine Department of Environmental Quality (MEDEP)

Comments from: The Maine Department of Environmental Protection 17 State House Station Augusta, ME 04333-0017 October 22, 2007 Comment on Docket ID No. EPA?HQ?OAR?2004?0083. National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities Docket U.S. Environmental Protection Agency Air and Radiation Docket and Information Center Mailcode: 2822T 1200 Pennsylvania Ave., NW. Washington, DC 20460. Dear Sir/Madam: Please accept the following comments on the proposed National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities (Federal Register of September 20, 2007, Vol. 72, No. 182, pp 53814 et. seq.). This proposal is important to Maine because it is necessary to reduce emissions of mercury, dioxin and other Hazardous Air Pollutants. These pollutants are subsequently deposited into Maine?s waters. Reducing deposition of HAPs is necessary in order to lift fish consumption advisories and protect the state?s wildlife, such as loons. The Maine Department of Environmental Protection (MEDEP) generally supports EPA?s proposed standards in ? 63.10685 to use pollution prevention approaches to screen incoming scrap in order to reduce the emissions of organic HAPs, including dioxin, and HAP metals, including mercury. However, Maine DEP requests two revisions to the proposed rule 1. Removal of exemption from the pollution prevention plan for certain materials. MEDEP generally supports the proposed approach in ??63.10685(a)(1) of the propose rule, in which EPA establishes the requirement for a pollution prevention plan to remove chlorinated plastics, lead and free organic liquids from the feed stock entering the Electric Arc Furnace (EAF). This is a cost-effective way of reducing certain HAP emissions from the facility that would not be captured by the baghouse. However, EPA then, under the general language in proposed ??63.10685(a)(1) and proposed ??63.10685(a)(1) (iv) states: The requirements for a pollution prevention plan do not apply to the routine recycling of baghouse bags or other internal process or maintenance materials in the furnace. Maine DEP urges EPA to strike this language from both places. These materials are not defined in the rule. Under this proposed language, if a compliance inspector found chlorinated plastics, lead or free organic liquids in an EAF?s feedstock, the inspector would need to demonstrate that these wastes do not stem from the ill defined ?internal process materials or maintenance materials?. This type of loop-hole renders the pollution plan unenforceable, and thus moot. Further, the pollution prevention plan would be an excellent opportunity for the rule administrator and regulated entity to determine if and when baghouse bags, internal process materials or maintenance materials ever contain significant amounts of chlorinated plastics, lead, and free organic liquids; and if so, the best approach to reduce these contaminants from the feed stocks so as to reduce the HAPs emitted by the EAF. 2. Afford Maine?s mandatory mercury switch removal program the same degree of acceptance as the Federal Voluntary Program. Maine DEP supports the proposed criteria that must be met and maintained for mercury switch recovery programs. However, MEDEP believes that ?? (b)(2) should be amended to add the following language: The Vehicle Mercury Switch Recovery Program mandated by Maine State law is an EPA-approved program under paragraph (b)(2) of this section unless and until the Administrator disapproves the program (in part or in whole) under paragraph (b) (2)(iii) of this section. Maine DEP was the first state in the nation to implement a mercury switch recovery program for auto scrap metal. Maine?s program has been the most successful program to date, with a 2006 recovery rate of over 90% for all mercury switches. Maine?s program meets or exceeds all of the standards in the National Voluntary Program, which is an approved program of this rule. The effect of the above language would allow Electric Arc Furnace operators to purchase motor vehicle scrap from scrap providers located in Maine without having to individually demonstrate that these scrap providers meet the requirements for an approved mercury program. Maine believes that this parity with the federal voluntary program is warranted since Maine?s program meets or exceeds all of the following criteria that are identified in the rule as necessary to effect mercury emissions reductions from EAFs: 1. Assurance that each facility is participating in a switch removal program. Under State Law 38 Maine Revised Statutes Annotated (MRSA), ??1665-A.3 (attached and available at http://janus.state.me.us/legis/statutes/38/title38sec1665-A.html) all end-of-life vehicle handlers in Maine must remove mercury switches from vehicles prior to crushing and/or shipping to metal recovery facilities, including EAFs.; 2. A goal of removing at least 80% of convenience light switches (that contain mercury). Under 38 MRSA ??1665-A.3, 100% of mercury switches (not just convenience light switches) must be removed from 100% of the automobiles that are shipped to electric arc furnaces. 38 MRSA ??1665-A-5 provides that the motor vehicle manufacture must compensate the scrap processor $4 for each switch removed, which provides a good economic incentive for switch removal. In actual practice, in 2006, Maine?s program collected 90% of the mercury switches that were available for capture, exceeding EPA?s proposed goal of 80%; 3. A system that accounts for the number of switches removed and number of vehicle bodies processed (Maine law 38 MRSA ?1665-A.9 Requires, in relevant part: , ?[A]nnually?, motor vehicle manufacturers shall report in writing to the [Maine] department [of Environmental Protection] on the results of the source separation required under this section. The report must include, at a minimum, the number of mercury switches removed and recycled from motor vehicles during the previous calendar year; the estimated total amount of mercury contained in the components; and any recommendations to improve the future collection and recycling of motor vehicle components?? The MEDEP?s Universal Waste Rules require each facility to keep log sheets with this information for MEDEP inspection and requires automakers, who are charged with consolidating the switches for recycling, to separately report to MEDEP the number of switches they collect. Annually, the Maine Department of Environmental Protection submits a progress report to the Maine Legislature that reports both the number of mercury switches removed and the weight of mercury recovered; the database on which the report is based includes data for each program participant. This annual report is public record and is available to the Administrator. The most recent report is included as Attachment 3, and is available on MEDEP?s website at: http://www.maine.gov/dep/rwm/publications/legislativereports/index.htm. 4. A mechanism to ensure the switches are properly recycled. Maine amended its hazardous waste rules to incorporate standards tailored to the handling, storage, transport and recycling of mercury auto switches at a RCRA Subtitle C permitted facility as required by both state and federal law. These rules are contained in 06-096 Code of Maine Regulations (CMR) chapter 850, ?? 3.A(13) Special Requirements for Universal Wastes, which are included as Attachment 2 and are available on the web at: http://www.maine.gov/sos/cec/rules/06/096/096c850.doc; and 5. An outreach program that informs dismantlers of the need for removal of mercury switches and that provides training and guidance for removal. Maine is a national leader in outreach for recycling mercury switches. Maine?s program includes outreach, training and guidance for ELV handlers as required by paragraph (b)(2)(i) of the proposed rule. The Maine DEP constantly evaluates its program effectiveness to ensure effective outreach. Maine DEP has developed a website that provides guidance to auto-recyclers ( http://www.maine.gov/dep/rwm/motorvehiclerecycling/,) held workshops for auto recyclers, developed an instructional video that has been used nationally to ensure proper removal and handling, and provides recyclers collect buckets free of charge, among other outreach efforts. A fuller description of MEDEP?s most recent outreach efforts are contained in Attachment 3. It is appropriate for EPA to recognize and support state programs that meet or exceed its requirements. To not do so would place a regulatory disincentive on the purchase of vehicle scrap from Maine scrap providers, the very people who have done more to achieve the aims of this rule than anyone else to date. Thank you for this opportunity to comment on this proposal. If you have additional questions, please do not hesitate to contact myself or David Wright of my staff at 207-287-2437. Sincerely, James Brooks James Brooks Director of Air Quality Maine Department of Environmental Protection Attachments (3) Attachment 1: Maine Revised Statutes Annotated, Title 38, ?1665-A, Motor vehicle components Text current through December 31, 2006, document created 2006-11-02 The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we do require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 122nd Legislature, and is current through December 31, 2006, but is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office CANNOT perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. ?1665-A. Motor vehicle components Notwithstanding sections 1663 and 1664, this section applies to a mercury-added product that is a motor vehicle component. [2001, c. 656, ?3 (new).] 1. Prohibition on sale of new motor vehicles with mercury switches. A person may not sell a motor vehicle manufactured on or after January 1, 2003 if it contains a mercury switch. A motor vehicle manufacturer may apply to the commissioner for an exemption from this prohibition. The commissioner may grant an exemption upon finding that: A. The manufacturer has provided assurance that a system exists for the proper removal and recycling of the mercury switch; and [2001, c. 656, ?3 (new).] B. Either of the following applies: (1) Use of the mercury switch is necessary to protect public health or safety; or (2) There are no technically feasible alternatives to the mercury switch at comparable cost. [2001, c. 656, ?3 (new).] [2001, c. 656, ?3 (new).] 2. Prohibition on replacement mercury light switches. Effective January 1, 2003, a person may not sell or distribute a mercury light switch for installation in a motor vehicle. [2001, c. 656, ?3 (new).] 3. Removal of certain mercury components when vehicle use ends. A person may not flatten, crush or bale a motor vehicle for the purpose of sending it to a scrap recycling facility, or arrange for a motor vehicle to be flattened, baled or crushed for that purpose, without first removing all mercury switches and mercury headlamps, except that a scrap recycling facility may agree to accept a motor vehicle that has not been flattened, crushed or baled. If a scrap recycling facility accepts such a motor vehicle, the scrap recycling facility is responsible for removing the mercury switches and mercury headlamps before the vehicle is flattened, crushed, baled or shredded. Upon removal, the components must be collected, stored, transported and otherwise handled in accordance with the universal waste rules adopted by the board under subsection 8. [2005, c. 148, ?4 (rpr).] 4. Voluntary removal of mercury light switches prior to end of vehicle use. A motor vehicle dealer or any person engaged in motor vehicle repair or maintenance may participate in the mercury light switch removal and collection effort pursuant to subsection 5, as long as the person notifies the department before commencing removal and receives such training as may be required by the department. Any person who removes a mercury light switch from a motor vehicle before the motor vehicle is removed from service shall affix an official sticker to the motor vehicle to indicate that the switch has been removed. The stickers may be obtained from the department and must be affixed to the doorpost or other location specified by the department. A person may not install a mercury light switch into a motor vehicle to which the sticker is affixed. [2001, c. 656, ?3 (new).] 5. Motor vehicle manufacturer responsibility. Manufacturers of motor vehicles sold in this State that contain mercury switches or mercury headlamps shall, individually or collectively, do the following: A. By January 1, 2003, establish and maintain consolidation facilities geographically located to serve all areas of the State to which mercury switches removed pursuant to this section may be transported by the persons performing the removal. A consolidation facility may not be a facility that is licensed in the State as a new or used automobile dealership; [2001, c. 656, ?3 (new).] B. Pay for each mercury switch brought to the consolidation facilities as partial compensation for the removal, storage and transport of the switches a minimum of $4 if the vehicle identification number of the source vehicle is provided. If the vehicle identification number of the source vehicle is not provided, no payment is required; [2005, c. 561, ?9 (rpr).] C. Ensure that mercury switches redeemed at the consolidation centers are managed in accordance with the universal waste rules adopted by the board under subsection 8; and [2001, c. 656, ?3 (new).] D. Provide the department and persons who remove motor vehicle components under this section with information, training and other technical assistance required to facilitate removal and recycling of the components in accordance with the universal waste rules adopted by the board under subsection 8, including, but not limited to, information identifying the motor vehicle models that contain or may contain mercury switches or mercury headlamps. [2001, c. 656, ?3 (new).] The goal of this collection and recycling effort is to collect and recycle at least 90 pounds of mercury per year from mercury switches removed from motor vehicles. By September 30, 2002, motor vehicle manufacturers shall provide the department with a plan as to how they intend to comply with the requirements of this subsection. In complying with the requirements of this subsection, manufacturers of motor vehicles shall establish a system that does not require a person who removes a mercury switch to segregate switches separately according to each manufacturer of motor vehicles from which the switches are removed. [2005, c. 561, ?9 (amd).] 6. Department responsibility. The department shall: A. Assist those subject to the source separation requirements of this section by providing training on the universal waste rules adopted by the board under subsection 8 and by taking other steps as determined appropriate to provide for the safe removal and proper handling of motor vehicle components; [2001, c. 656, ?3 (new).] B. Design and distribute the stickers required under subsection 4; and [2001, c. 656, ?3 (new).] C. Make available to the public information concerning services to remove mercury light switches in motor vehicles. [2001, c. 656, ?3 (new).] [2001, c. 656, ?3 (new).] 7. Labeling. Effective July 15, 2002, the labeling requirements of section 1662 apply to motor vehicle components. In approving an alternative compliance plan for labeling for motor vehicles under section 1662, the commissioner shall require a motor vehicle manufacturer to apply a doorpost label listing the mercury-added products that may be components in the motor vehicle. The commissioner may not require a manufacturer to affix a label to each mercury-added component. [2001, c. 656, ?3 (new).] 8. Rulemaking. The board shall revise the universal waste rules adopted pursuant to section 1319-O, subsection 1, paragraph F as necessary to establish standards by which mercury switches in motor vehicles may be handled as universal waste. [2001, c. 656, ?3 (new).] 9. Reporting. Before January 1, 2003 and annually thereafter, motor vehicle manufacturers doing business in the State shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on any fee or other charge collected on the sale of new motor vehicles for the purpose of paying the cost of carrying out the manufacturer responsibilities under subsection 5. The report must specify the amount of the fee or charge collected and how the amount of the fee or charge was determined. Before July 1, 2004 and annually thereafter, motor vehicle manufacturers shall report in writing to the department on the results of the source separation required under this section. The report must include, at a minimum, the number of mercury switches removed and recycled from motor vehicles during the previous calendar year; the estimated total amount of mercury contained in the components; and any recommendations to improve the future collection and recycling of motor vehicle components. Before January 1, 2004 and annually thereafter, the department shall report to the Mercury Products Advisory Committee on the effectiveness of the source separation required under this section, whether the partial reimbursement payment under subsection 5, paragraph B should be adjusted to increase the number of switches brought to consolidation facilities, whether other motor vehicle components should be added to the source separation efforts and whether the program should be terminated and, if so, when. [2003, c. 6, ?1 (amd).] PL 2001, Ch. 656, ?3 (NEW). PL 2003, Ch. 6, ?1 (AMD). PL 2005, Ch. 148, ?4,5 (AMD). PL 2005, Ch. 561, ?9 (AMD). Attachment 2: Universal Waste Excerpt from Maine Department of Environmental Rule Chapter 850: IDENTIFICATION OF HAZARDOUS WASTES ??3. Identification of Hazardous Wastes? A. General? (13) Special Requirements for Universal Wastes. (a) Definition Section (i) Ballast. Ballast means a device that electronically controls light fixtures and includes a capacitor containing 0.1 kg or less of dielectric. (ii) Cathode Ray Tubes. Cathode Ray Tubes (CRTs) means a product video display component of televisions, computer displays, military and commercial radar, and other display devices. NOTE: CRTs are believed to represent 75% of the lead in the solid waste stream. Lead, which is used to shield harmful radiation in the CRT, comprises more than 10 percent of a CRT's mass. (Life Cycle Assessment of the Disposal of Household Electronics, Tufts University Masters Thesis, August 1, 1996.) (iii) Central Accumulation Facility. Central Accumulation Facility means a facility where: (1) a generator consolidates its own universal wastes from the generator's various facilities; or (2) a licensed solid waste transfer station or recycling center where universal waste generators may take their universal wastes of (3) a facility where less than 200 universal waste items are collected from generators that are serviced by the facility. NOTE: Item (3) would allow sign service companies, electricans, and other service companies that service a generator's lights, and other universal waste, to take these waste back to their facilities by using a log, store them for a period of time and then transport them to an instate Consolidation facility. The instate consolidator would then take the log information and submit a Quarterly Report to the Department. (iv) Certificate of Recycling. Certificate of Recycling means a signed statement from the recycling facility which verifies that the hazardous materials contained in the universal waste were in fact recycled and contains the language specified in section 3(A)(13)(e)(xix)(d). (v) Consolidation Facility. Consolidation Facility means a facility where universal waste is consolidated and temporarily stored while awaiting shipment to a recycling, treatment or disposal facility. This facility is typically where a central accumulation facility will send its waste initially. (vi) Lamp. Lamp means a bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of lamps are fluorescent lamps, high intensity discharge lamps, neon lamps, mercury vapor lamps, high pressure sodium lamps and metal halide lamps. Lamp includes both lamps that fail the Toxicity Characteristic Leaching Procedure (TCLP) and those that contain mercury but pass the TCLP. (vii) Mercury Device. Mercury Device means a manufactured item that has mercury added. Examples of mercury devices are mercury thermometers, mercury manometers, sphygmomanometers, and mercury switches. The term does not include a motor vehicle mercury switch. (viii) Mercury Switch. Mercury Switch means a mercury added manufactured item that uses metallic mercury to measure, control or regulate the flow of gas, fluids or electricity. (ix) Mercury Containing Thermostat. Mercury Containing Thermostat means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element. (x) Motor Vehicle Mercury Switch. Motor Vehicle Mercury Switch means a mercury switch used in a motor vehicle. It includes mercury light switches used to turn a light bulb or lamp on and off and a mercury switch used in anti -lock braking systems. (xi) Recycling Center. ?Recycling Center? means a publicly owned or publicly contracted facility that primarily handles municipal recyclables and that receives pre-separated, uncontaminated, used paper, cardboard, glass, plastic, metal, and universal wastes. A recycling center is not a recycling facility. (xii) Recycling Facility. "Recycling Facility" means a facility where universal wastes are dismantled, hazardous constituents recovered, reclaimed or separated for reuse. (xiii) Small Universal Waste Generator. Small Universal Waste Generator means a person or entity that generates or accumulates on site no more than 200 universal waste items, including batteries as described in 850,3A(14) or 4,000 motor vehicle mercury switches at a time or in any given month, and the total weight must be no more than 40 tons of cathode ray tubes or 5,000 kg for all other universal wastes including batteries. A one time generation of lamps under a Green Lights or other similar energy conversion program that is completed within six months or a mercury thermometer collection event, is exempt from the 200 item count provided no more than 5,000 kg of universal waste are generated and it is managed in accordance with the standards for a Green Lights Program or mercury thermometer collection event in Section 3(A)(13)(i). NOTE: 5,000 kg approximately equals 20,000 lamps. 40 tons of Cathode Ray Tubes (CRT?s) approximately equals 4,000 CRT's. An anti-lock brake system is considered one universal waste unit even though it may contain up to three mercury switches per unit. (b) Universal Wastes are: (i) Cathode ray tubes; (ii) Lamps; (iii) Mercury Devices; (iv) Mercury thermostats; (v) Motor Vehicle Mercury Switches; (vi) Totally enclosed, non leaking polychlorinated biphenyl (PCB) ballast; NOTE: Only mercury-containing lamps or lamps otherwise hazardous are included as universal wastes. NOTE: Batteries are managed as universal waste in accordance with section (14). (c) Generators, owners or operators of any central accumulation or consolidation facility, and transporters of universal wastes are prohibited from conducting the following activities: (i) Disposing, diluting or treating universal wastes, NOTE: The intentional breaking of universal wastes including Cathode Ray Tubes is a form of treatment, and is therefore prohibited at locations other than the recycling facility. (ii) Sending a universal waste to any facility other than a central accumulation facility, a consolidation facility for universal waste, an approved recycling facility for universal wastes, or in the case of ballasts and the residues from mercury spill kits to an approved disposal or treatment facility. NOTE: Generators that self-transport waste must comply with universal waste transporter requirements, as provided in Section 11 of Chapter 853. NOTE: Chapters 854 and 856 apply to a universal waste recycling facility. (d) Household hazardous waste, which meets the description of universal waste in Section 3A(13)(b) but which is exempt under Section 3A(4)(a)(vii), when combined or mixed with universal wastes is no longer exempt and must be managed in accordance with the universal waste requirements of Chapter 850, 851, 853, 856 and 857. (e) All generators of universal wastes must comply with either the full Hazardous Waste Management Rules or the following alternative generator standards, except as provided in Section i below for mercury containing lamps (i.e. those that are below the TCLP limit for mercury) and in section xxi below for small universal waste generators. (i) Determine whether the waste generated is hazardous in accordance with Section 5 of Chapter 851 and after July 15, 2002, pursuant to 38 M.R.S.A. ? 1663 determine that all mercury containing lamps are a universal waste; and NOTE: On or before July 15, 2002, only mercury containing lamps that fail the TCLP test are universal wastes. However the Department encourages the management of all mercury containing lamps, regardless of the TCLP test results, in accordance with the universal waste rules. Prior to July 15, 2002 a generator can avoid determining whether or not its lamps are hazardous by electing to manage all of its mercury containing lamps under the universal waste rules. After July 15, 2002, all non-household mercury containing lamps are universal wastes as required by statute, regardless of TCLP test results. (ii) Determine whether the waste is a universal waste under section 13(b) above; NOTE: If a hazardous waste is not eligible for regulation under the universal waste rules, then the full hazardous waste management rules apply. (iii) Properly track the universal waste via a manifest in accordance with Chapter 857 or via a Recyclable Hazardous Material Uniform Bill of Lading in accordance with Section 6(B) of Chapter 857. For the reduced shipping requirements for small universal waste generators and central accumulation facilities, see section (xxi) and (f) below; (iv) Utilize a licensed transporter in accordance with Section 7 of Chapter 851 or a common carrier in accordance with Section 10(B) of Chapter 853; (v) Transport or offer for transport, universal waste only to a facility authorized to handle the waste under a state program, and which is authorized to handle the waste under the federal hazardous waste regulatory program, if applicable, and which is one of the types of facilities named in (13)(c)(ii) above; (vi) Store all universal waste in containers. Containers must not show evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. The containers must be closed, structurally sound, compatible with the content of the waste, and must not be leaking, spilling, dented or damaged such that it could cause leakage under reasonably foreseeable conditions; (vii) Immediately contain and transfer all releases of waste and residues resulting from spills or leaks from broken or ruptured universal waste to a container that meets the requirements of the Maine Hazardous Waste Management Rules, except that waste and residues from incidental breakage may still be managed as a universal waste; (viii) Determine by testing, or handle as hazardous, clean up residues resulting from spills or leaks from events other than incidental breakage of lamps or CRTs inaccordance with Maine Hazardous Waste Management Rules including generator accumulation time limit, storage and disposal standards, and count this waste toward the determination of hazardous waste generator status; (ix) Train all employees and contractors who handle or have responsibility for managing universal wastes on proper handling and emergency procedures. Maintain the documentation of employee and contractor training. The documentation shall include the name of the person receiving the training, the date of the training and the information covered during the training; (x) Conduct weekly inspections of universal waste storage areas and maintain a written inspection log to document the inspections. The log must include the name of the inspector, date of inspection, condition of waste containers and descriptions of actions taken to address any problem discovered during the inspection. The number of universal wastes (ie: number of lamps, thermostats) must be maintained onsite; NOTE: The generator may find the inspection log to be the easiest way to keep track of the number of universal wastes onsite. (xi) Store universal waste in a secured area which can be locked when not in use; (xii) Label each container with an accumulation start date and the date the container becomes full; (xiii) Store universal wastes for no more than one year from the date the waste is first placed in the container. A generator may store waste for more than one year only if the generator stores the waste for no more than 90 days from the date the container becomes full when the activity is solely for the purposes of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. The handler bears the burden of proving that such activity was solely for the purposes of accumulation of such quantities as necessary to facilitate proper recovery, treatment or disposal. For the purposes of the accumulation of thefollowing waste and in containers no larger than the following capacities, the accumulation time of 90 days from the container full date is deemed necessary to facilitate proper recovery, treatment or disposal: a. Cathode Ray Tubes - no larger than a single gaylord container NOTE: A gaylord container is typically a 4'x4'x4' container that will typically contain 24 CRTs. b. Lamps - no larger than 190 bulb size container; c. Mercury Thermostats - container of no larger than 30 gallons; d. Mercury Devices - containers of no larger than 55 gallons; e. Motor Vehicle Mercury Switches - containers of no larger than 5 gallons. Motor Vehicle Mercury Switches must be shipped off site at least every three years regardless of whether the size limit identified in (e) in this paragraph is reached. NOTE: This universal waste in storage will not be considered part of your hazardous waste accumulation for the purpose of your generation status. (xiv) Store universal waste containers and boxes with adequate aisle space to be able to inspect the containers and determine the accumulation start dates and container full dates; (xv) Comply with the export and import requirements of Chapter 857, Section 7(D); (xvi) Generators that accumulate more than 4,000 motor vehicle mercury switches or 200 other items of universal wastes at any one time or in any given month must notify the Maine Department of Environmental Protection of the handling of universal wastes and must receive an EPA Identification Number, unless the generator has previously notified and the site has been assigned an EPA Identification Number. Alternatively generators that handle less than 40 tons of cathode ray tubes or 5,000 kg of other universal wastes are required to notify but may notify the Department on a state waste notification form provided by the Department in lieu of notifying EPA using the EPA form. This notification shall include the specific type of universal wastes handled by the generator. The requirement of an EPA Identification Number for those that generate or accumulate only universal waste is intended as a registration provision and does not make other sections of the hazardous waste rules applicable unless other hazardous wastes are generated or accumulated. NOTE: A generator may obtain an EPA identification number by applying to the Department of Environmental Protection, Bureau of Remediation and Waste Management, State House Station #17, Augusta, Maine 04333-0017 using EPA form 8700-12. NOTE: A generator or central accumulation facility that is not required to obtain an EPA identification number is required to notify the Department of its activities by submitting either a Notification of State Universal Waste Activities form or an EPA 8700-12 form to the Department of Environmental Protection at the above address. (xvii) Universal waste shipping requirements require that the waste be: a. whole, intact, and unbroken; b. in proper packaging that includes closed containers that are compatible for the type and amount of waste and that meet the US DOT standards; c. accompanied by a Recyclable Hazardous Material Uniform Bill of Lading or manifest (if applicable); and d. shipped via a common carrier or licensed hazardous waste transporter; (xviii) comply with the Recyclable Hazardous Material Uniform Bill of Lading, manifest or log requirements of Chapter 857, Section 13; NOTE: An instate small universal waste generator and an instate central accumulation facility are allowed to use the log in lieu of the manifest or bill of lading provided they are transporting to an instate consolidation facility. (xix) retain the following records at the generator facility, the central accumulation facility, and the consolidation facility (where aplicable); a. inspection logs for at least one year from generator's shipment or facility's receipt of the universal waste; b. documentation of employee or contractor training for at least three years from the date of generator shipment or facility receipt of the universal waste or for the length of employee service whichever is greater. An instate consolidation facility may maintain the record of training for small universal waste generators and central accumulation locations on behalf of these entities. c. Recyclable Hazardous Materials Uniform Bill of Lading or manifest for at least three years from the date of shipment or receipt of the universal waste; and d. Certificate of Recycling for at least three years from the date of shipment of the universal waste except in the case of ballasts and the residue from mercury spill kits. The Certificate of Recycling may be maintained at the instate consolidation facility on behalf of small universal waste generators and central accumulation facilities. The Certificate of Recycling shall be dated and signed by the recycling facility that all hazardous waste components of the universal waste have been recycled, used, reused or reclaimed as defined in Section 11(A)(5) of Chapter 856 within 35 days of receipt. The Certificate of Recycling must contain the following information: Name, address and phone number of the generator and the recycling facility; Date universal waste was picked up; Date universal waste was recycled; Quantity of universal waste recycled; Tracking number which includes the original Recyclable Hazardous Materials Uniform Bill of Lading or manifest used to ship the universal waste from the generator or consolidator, and the following language: "I certify that all parts of the hazardous material referenced in the above shipping document including the mercury and lead have been recycled, i.e. used, reused or reclaimed as defined in Chapter 856, Section 11(A)(5)"; (xx) Submit the following information to the Department: a. the original Recyclable Hazardous Materials Uniform Bill of Lading or proper manifest copies within 7 days of shipment. b. the quarterly universal waste report from the consolidation facility in accordance with the provisions of Chapter 857, Section 13(C)(2); (xxi) Reduced requirements for small universal waste generators: a. In lieu of 3(A)(13)(e)(iii) above, a small universal waste generator may log information at the Central Accumulation facility or instate Consolidation facility in accordance with Section 13(A) of Chapter 857; b. In lieu of 3(A)(13)(e)(x) above, a small universal waste generator must keep track of the number of universal waste items onsite (ie: number of lamps, thermostats); NOTE: The Department recommends that the universal waste area is inspected when placing wastes in the area to ensure that the area is in compliance with the rules and to minimize exposures to toxic releases. c. A small universal waste generator is not required to notify the Department of this activity, as provided in 3(A)(13)(e)(xvi); and d. Records related to personnel training and proof of recycling may be retained by the instate consolidation facility in lieu of a small universal waste generator as provided in 3(A)(13)(e)(xix), and under such circumstances the reporting requirements in 3(A)(13)(e)(xx) would not apply to the small universal waste generator. (xxii) In addition to 13(c), (d) and (e) above, cathode ray tubes (CRT) must also be managed in accordance with the following requirements: a. Pack CRT in containers, boxes, gaylord, or another acceptable container method approved by the Department that will contain any breakage. CRTs must have packing materials adequate to prevent breakage during storage, handling and transportation: b. Seal securely, such as with tape, around the box openings of all full boxes and immediately if incidental breakage should occur; c. Do not stack containers or boxes of CRT's more than five feet in height; d. Store CRT's in an inside, dry area not exposed to weather; e. Mark the container or box with the words "Waste Cathode Ray Tube"; f. Designate each waste CRT storage area by a clearly marked sign which states. "Waste Cathode Ray Tube Storage" or Universal Hazardous Waste Storage;" (xxiii) In addition to 13(c), (d) and (e) above, lamps must also be managed in accordance with the following requirements: a. Pack lamps in containers or boxes with packing materials adequate to prevent breakage during storage, handling, and transportation; b. Seal securely, such as with tape, around the box openings of all full boxes and immediately if incidental breakage should occur; c. Do not stack containers or boxes of lamps more than five feet in height; d. Store lamps in an inside, dry area not exposed to weather; e. Mark the container with the words "Waste Lamps"; f. Designate each waste lamp storage area by a clearly marked sign which states "Waste Lamp Storage" or "Universal Hazardous Waste Storage"; (xxiv) In addition to 13(c), (d) and (e) above, mercury devices must also be managed in accordance with the following requirements: a. Pack mercury devices in rigid, sealable containers with packing materials adequate to prevent breakage during storage, handling, and transportation; b. Store mercury devices in an inside, dry area not exposed to weather; c. Mark the containers with the words "Waste Mercury Devices"; d. Designate each mercury device storage area by a clearly marked sign which states "Waste Mercury Device Storage" or "Universal Hazardous Waste Storage"; (xxv)In addition to 13(c), (d) and (e) above, mercury thermostats must also be managed in accordance with the following requirements: a. Pack mercury thermostats in rigid, sealable containers with packing materials adequate to prevent breakage during storage, handling, and transportation; b. Store mercury thermostats in an inside, dry area not exposed to weather; c. Mark each container with the words "Waste Mercury Thermostats"; d. Designate each waste thermostat area by a clearly marked sign which states "Waste Mercury Thermostat Storage" or "Universal Hazardous Waste Storage"; and (xxvi) In addition to 13(c), (d), and (e) above, motor vehicle mercury switches must also be managed in accordance with the following requirements: a. Pack switches in rigid, sealable containers with packing material adequate to prevent breakage during storage, handling, and transportation; b. Store switches in an inside, dry area not exposed to the weather; c. Mark the container with the words "Waste Motor Vehicle Switches"; d. Designate each waste motor vehicle mercury switch storage area by a clearly marked sign which states "Waste Motor Vehicle Switch Storage" or "Universal Hazardous Waste Storage"; e. A motor vehicle switch generator may accumulate 4,000 motor vehicle mercury switches before becoming a large universal waste generator. The 200 item limit would continue to apply to all other universal waste items; f. In addition to 3A(13)(e)(xiii) above, a motor vehicle switch generator must ship off its motor vehicle mercury switches at least every three years whether or not the container is full. (xxvii) In addition to 13(c), (d) and (e) above, totally enclosed, non leaking PCB ballast must also be managed in accordance with the following requirements: a. Pack ballasts in rigid, sealable containers with packing materials adequate to prevent breakage during storage, handling, and transportation: b. Store ballasts in an inside, dry area not exposed to the weather; c. Mark containers with the words "Waste PCB Ballasts" d. Designate each waste ballast storage area by a clearly marked sign which states "Waste PCB Ballast Storage " or "Universal Hazardous Waste Storage"; (f) A central accumulation facility must comply with the following requirements: (i) properly track the universal waste via a manifest in accordance with Chapter 857, via a Recyclable Hazardous Material Uniform Bill of Lading in accordance with Section 6(B) of Chapter 857, or by a shipping log in accordance with Section 13 of Chapter 857; (ii) Obtain an EPA ID number as outlined in Subsection (e)(xvi) or if handling less than 5,000 kg notify the Department on a waste notification form provided by the Department; (iii) ship to a consolidation facility for universal waste or a properly approved recycling facility for universal waste, or in the case of ballasts and the residues from mercury spill kits to a properly approved disposal or treatment facility within one year of receipt of the waste. (iv) sections 3(A)(13)(c),(d),(e)(i-ii),(iv-xi),(xiv),(xv),(xvii-xx),(xxii-xxvii); (v) mark each container with the date the universal waste is received at the facility; (vi) maintain an inventory system on-site that identifies the date and manifest or Uniform Bill of Lading number (if applicable) for each universal waste container or group of containers that is received at the facility and the date and manifest or Uniform Bill of Lading number (if applicable) for each waste container or group of containers that is shipped from the facility; and (vii) conduct closure of the facility in accordance with Chapter 851, Section 11. The Department may waive the independent professional engineer certification requirement for transfer stations that only managed lamps and cathode ray tubes, and that have documented that no releases occurred at the transfer station that were not properly cleaned up. NOTE: In certain circumstances it may be possible to fulfill the provisions of this section and the transfer station closure provision in one document. (g) A consolidation facility must comply with the following requirements: (i) ship to a properly approved recycling facility for universal waste, or in the case of ballasts and the residues from mercury spill kits to a properly approved treatment or disposal facility within one year of receipt of waste. (ii) Section 3(A)(13)(c),(d),(e)(i)-(xi),(xiv), (xv), (xvii)-(xx), (xxii)-(xxvii); (iii) Obtain an EPA ID number as outlined in Subsection (e)(xvi); (iv) Mark each container with the date the universal waste is received at the facility; (v) Maintain an inventory system on-site that identifies the date and manifest or Uniform Bill of Lading number (if applicable) for each universal waste container or group of containers that is received at the facility and the date and manifest or Uniform Bill of Lading number for each waste container or group of containers that is shipped from the facility; (vi) Conduct closure of the facility in accordance with Chapter 851, Section 11. (h) Notwithstanding (e),(f), and (g) above, the Department may on a case by case basis approve alternative standards in the case of a manufacturer's sponsored product take back program, also known as a "product stewardship" program or other similar manufacturer sanctioned collection program. A criteria of any approval under this subsection must include an annual report from the manufacturer on the amount of the particular product collected through this program in the state and the program must meet the federal universal waste requirements of 40 CFR 273 revised as of July 1, 1999. (i) A small universal waste generator that generates greater than 200 lamps or thermometers per month or at any one time under: (i) a Green Lights Program or other similar energy conversion program that is completed within a six month period;or (ii) a single short term event of a maximum of five consecutive days per year for the collection of mercury thermometers, or such other period of time approved by the Department, must comply with the following requirements: (a) Ship the lamps or thermometers directly to a properly approved recycling facility for universal waste on a manifest or Recyclable Hazardous Materials Uniform Bill of Lading; and (b) Comply with all other requirements for a small universal waste generator for the Green Lights and thermometer collection event universal wastes except for the EPA ID notification requirement of Section 3A13(e)(xvi). Attachment 3: Mercury Switch Removal from Motor Vehicles in Maine - Fourth Annual Report March 2007