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DEP > Innovation > Toxic and Hazardous Waste Reduction > Advisory Opinions
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.
Question: If a company uses a "temporary number" (i.e. MEP…) to manifest some of its hazardous waste during a calendar year, but also uses a "permanent number" (i.e. MEX… or MED…) to manifest still other hazardous waste during that same year, does the quantity manifested under the "temporary number" contribute to the total number of pounds of hazardous waste generated for that year?
Response: Section 2304-A.(C) of the Toxics Law, stipulates planning and reporting requirements for hazardous waste generators as, "Facilities that ship more than 2,640 pounds of hazardous waste in a calendar year". [1999, c. 348, §7 (new).]
The "temporary number" should only be used by facilities that do not routinely generate hazardous waste. The "temporary number" is to be used only for non-routine generation, such as tank removals or spill cleanups. Companies should not routinely use a "temporary number" to manifest waste.
Companies that routinely generate hazardous waste should utilize a site specific "large quantity generator" (LQG) number, or a "small quantity generator" (SQG) number. If a company has questions regarding the use of generator numbers, they should contact the Department.
According to Section 2304-A.2(J), the only amount of hazardous waste generated which should not be added to the generators total annual amount to calculate for reductions would include:
"Hazardous waste generated as a result of remedial or corrective actions or facility closures required by law or undertaken to protect employee health and safety, public health and safety or the environment."
Examples of "remedial or corrective actions" would include; clean up activities of spill residues or contaminated soil, PCB contaminated items, or contaminated surface water or groundwater.
Therefore, if a "temporary number" is used to manifest remedial wastes, (as the result of an action taken to protect human health and the environment), then that volume of waste would not contribute to the generators total volume of waste generated for the purposes of reduction calculations.
Waste generated as a result of infrequent or routine disposal of off spec or outdated materials, or general housekeeping, do not qualify for exemption under Section 2304-A.2.J.