Skip Maine state header navigation

State Search:

Agencies | Online Services | Help

Page Tools Page Tools Email page Watch page Add link to MyMaine Map addresses En español En français English

Maine Department of Environmental Protection

DEP > Innovation > Toxic and Hazardous Waste Reduction > Advisory Opinions

Toxics Program - Advisory Opinion #10:
Revised 4/24/03

Toxics Use and Hazardous Waste Reduction Law (Toxics Law), as amended by PL 1999, Chapter 348, "An Act to Encourage Continuous Improvement in Pollution Prevention in Maine".

Section 2304-A.2(J), Regulated Community, Exemptions, Pilot Plants.

Question: What is the definition of a pilot plant? Do research or university laboratories meet the definition of pilot plants, and are they exempt from the Toxics Law?

Response: Research or university laboratories may or may not be exempt from the Toxics Law depending on if they meet the definition of pilot plant. The Toxics Law defines "pilot plants" as: "Pilot plant or pilot production unit means a small scale model or a temporary change in the production process, undertaken to test or develop a new technology".

If a research or university laboratory can demonstrate that it meets the pilot plant definition, then it may qualify as an exemption. Specific examples of pilot plants that would meet this definition include:

• A new process undergoing testing and set up as a temporary trial at a manufacturing facility.
• A laboratory focused on production, such as a university lab testing a new technology.
• Research and development projects specifically targeting development of a new technology directly linked to a particular sector of industry.

Some examples of activities related to a university that would not meet the definition of pilot plants and would not be excluded from the requirements of the Toxics Law are as follows:

• Routine experiments conducted in a laboratory setting replicated for educational purposes.
• Hazardous waste generated from maintenance of an institution or university.

§2304-A.2) Regulated community, Exemptions. The following are exempt from the planning, reporting and fee requirements of this chapter:

H. For purposes of the planning, reporting and fee requirements relating to hazardous waste generation only, pilot plants or pilot production units.