Maine RCRA Hazardous Waste Reporting

Maine hazardous waste reporting is regulated by the Maine Department of Environmental Protection (DEP). The state’s program is designed to ensure “cradle-to-grave” management of hazardous wastes while protecting both the environment and public health. At the federal level, hazardous waste is governed by the Resource Conservation and Recovery Act (RCRA), and compliance with both state and federal RCRA regulations is required for facilities that generate and manage hazardous waste above specific thresholds. In Maine, facilities that generate hazardous waste at or above certain thresholds are subject to RCRA and state regulations, including biennial reporting requirements.

Understanding Maine Hazardous Waste / RCRA Reporting Requirements

Who needs to report?

Maine has more stringent reporting requirements than the federal EPA. In Maine, annual reports are required for any facility that meets Large Quantity Generator (LQG) thresholds:

• Generated 220 lbs or more of hazardous waste in any month, or
• Generate 2.2 lbs or more of acutely hazardous waste in any single month, or
• Accumulated 1,322 lbs or more of hazardous waste at any time, or
• Accumulated 2.2 lbs or more of acutely hazardous waste at any time

State-Listed Hazardous Waste in Maine

Maine has two groups of State Hazardous: Additional waste codes specific to Maine and expanding of federal waste groups to include additional codes.

Where a Maine State Hazardous waste does not also meet DOT Hazardous thresholds, Maine requires the following marking on the container:
State of Maine Hazardous Waste – State Law prohibits improper disposal. If found, contact the nearest police or public safety authority or the Maine Department of Environmental Protection (1-800-482-0777)
Generator’s Name & Address: Enter at time of waste generation
Manifest Document Number: Enter at time of shipment

The Maine specific waste codes are identified by the designation of M:

• M002 – Hazardous Wastes containing PCBs Note: Maine does not limit this waste code to ppm threshold; a waste may have less than 50 ppm PCBs and can still be hazardous (further, based upon storage or use they may also subject a generator to being a storage facility if not removed quickly enough or managed under specific circumstances)

The expansion of federal waste classifications includes additions within the state of Maine to the K, P and U-wastes as detailed below:

• Organic Chemicals
  • K119 – Wastes from the decanter in the production of linuron
  • K120 – Wastes from the spill control trap in production of linuron
  • K121 – Wastewater from product filtration and water washing in the production of bromacil
  • K138 – Spent catalyst and filter media from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides
• P-Listed Wastes
  • P017 – 2-Propanone, 1-bromo- Note: Maine’s addition is the qualifier of “Toxic”
  • P075 – Pyridine, 3-(1-methyl-2-pyrrolidinyl)-,(S)-, & salts Note: Maine’s addition is the qualifier of “Toxic”
  • P081 – Nitroglycerine / 1,2,3-Propanetriol, trinitrate Note: Maine’s addition is the qualifier of “Toxic” in addition to “Reactive” to Nitroglycerine’s determination
  • P108 – Strychnine, & salts Note: Maine’s addition is the qualifier of “Toxic”
  • P124 – Actinomycin D
  • P126 – 4,4’-Bipyridinium, 1,1’-dimethyl,dichloride / Paraquat
  • P128 – Carbamic acid, methyl, 4-dimethylamino-3, 5-xylyl ester
  • P129 – Chlorine
  • P130 – Coumaphos
  • P131 – Coumarin,3-chloro-7 hydroxy-4-methyl,0-ester with 0,0-diethyl phosphorothioate / Crotonic acid, 3-hydroxy-,methyl ester, dimethyl phosphate (E) / Mevinphos
  • P132 – Diethylamine, 2,2’-dichloro-N-methyl- / Nitrogen mustard
  • P133 – Chloroethanol
  • P134 – Cycloheximide
  • P135 – Hydantoin, 5,5-diphenyl- / Phenytoin
  • P136 – Hydantoin, 5,5-diphenyl-monosodium salt / Phenytoin sodium
  • P137 – Hydroquinone
  • P138 – Isonicotinic acid hydrazide
  • P139 – Phosphonic acid, (2-2-2-thrichloro-1, hydroxyethyl)-, dimethyl ester
  • P140 – Phosphonothioic acid, phenyl-0-(4-bromo-2,5-dichlorophenyl) 0-methyl ester
  • P141 – EPN / Phophonothioic acid, phenyl-,0-ethyl 0-(p-nitrophenyl) ester
  • P142 – Phosacetim / Phosphoramidiothioic acid, acetimidoyl-,0,0-bis(p-chlorophenyl) estes
  • P143 – Chlorofenvinphos / Phosphoric acid, 2-chloro-1-(2,4-dichlorophenyl) vinyl diethyl ester
  • P144 – Dichlorvos / Phosphoric acid, 2,2-dichlorovinyl dimethyl ester
  • P145 – Phosphoric acid, dimethyl ester, ester with 2-chloro-N,N-diethyl-3-hydroxycrotonamide
  • P146 – Dicrotophos / Phosphoric acid, dimethyl ester, ester with (E)-3-hydroxyl-N,N-dimethylcrotonamide
  • P147 – Leptophos / Monocrotophos / Phosphoric acid, dimethyl ester, ester with (E)-3-hydroxy-N,methyl-crotonamide
  • P148 – Phosphorodithioic acid, S-(((p-chlorophenyl)thio)-methyl) 0,0-diethyl ester
  • P149 – Terbufos / Phosphorodithioic acid, 0,0-diethyl-S-(((1,1-dimethylethyl)thio) methyl)ester
  • P150 – Azinphos ethyl / Phosphorodithioic acid, 0,0-diethyl ester, S-ester with 3-(mercaptomethyl)-1,2,3-benzotriazin-4(3H)-one
  • P151 – Azinphos methyl / Phosphorodithioic acid, 0,0-dimethyl ester, S-ester with 3-(mercaptomethyl)-1,2,3-benzotriazin-4(3H)-one
  • P152 – Phosmet / Phosphorodithioic acid, 0,0-dimethyl ester, S-ester with N-(mercaptomethyl) phthalimide
  • P153 – Dioxathion / Phosphorothioic acid, S,S’-p-dioxane-2,3-diyl 0,0,0’,0’-tetra-ethyl ester
  • P154 – Ethion / Phosphorodithioic acid, S,S’-methylene 0,0,0’,0’-tetraethyl ester
  • P155 – Demeton / Phosphorothioic acid, 0,0-diethyl 0-(2-(ethylthio)ethyl) ester, mixed with 0-0-diethyl S-(2-(ethylthio)ethyl) ester 7:3)
  • P156 – Fensulfothion / Phosphorothioic acid, 0,0-diethyl 0-(p-methyl sulfinyl)phenyl) ester
  • P157 – Oxydemeton-Methyl / Phosphorothioic acid, S-(2-(ethyl-sulfinyl)ethyl)0,0-dimethyl ester
  • P158 – Mustard gas / Sulfide, bis (2-chloro-ethyl)-
• U-Listed Wastes
  • U354 – Bromacil / 5-Bromo-3-sec-butyl-6-methyluracil
  • U355 – Linuron / N’(3,4-dichlorphenyl)-N-methoxy-N-methylurea

 

Maine Generator Statuses and Requirements

Maine recognizes three generator categories that differ greatly from the federal generator categories. In Maine, the three generators are known as Small Quantity Generators (SQGs), Small Quantity Generators Plus (SQG+) and Large Quantity Generators (LQG). These three have the same hierarchy as the Federal generator categories of Very Small Quantity Generator (VSQG), SQG and LQG, in terms of less to most regulated but otherwise share little in common with the Federal generator categories.

Small Quantity Generator (SQG) Requirements

SQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SQGs are exempt from state and federal reporting requirements. SQGs must still take steps to ensure compliance, including:

• If the SQG has an EPA ID number (due to previously being a SQG+ or LQG), the SQG must utilize that EPA ID number. If not, due to the requirement to utilize manifests (see below), the SQG may use the generic EPA ID number of “MEX020000000”
• Waste determination: keep detailed records of how waste determinations are made
• Ensure storage does not exceed 440 lbs or occur for longer than 180 days Note: This is much more stringent than the Federal VSQG comparison; this requires Maine SQGs to manage their waste very effectively
• Store hazardous waste in appropriate containers, none of which can exceed 55-gal containers
  • Use the words “hazardous waste” on all storage containers
  • Label containers with accumulation start dates and the date the container became full
• Use Uniform Hazardous Waste Manifests (UHWM) for waste shipments via the e-Manifest system
• Only use Transporters licensed within the state of Maine
• Only use permitted TSDFs
• Report all spills or discharges of Hazardous Waste to DEP Note: The amount spilled, whether it meets Federal Reportable Quantity thresholds, or if it escapes the facility boundary does not matter, DEP requires notification.

SQG Plus Requirements

SQG+s generates less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. Note: The GENERATION threshold for SQG+s is the same as SQGs, it is the ACCUMULATION threshold that is different. SQGs must still take steps to ensure compliance, including:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA number
  • Renotify the EPA every 4 years by submitting EPA form 8700-12 by September 1. First submissions were due September 2021, and now every 4 years after (i.e. 2025, 2029 and so forth)
• Waste determination: keep detailed records of how waste determinations are made
• Ensure storage does not exceed 1,322 lbs or occur for longer than 180 days
• Store hazardous waste in appropriate containers
  • Conduct weekly inspections of tanks and storage containers Note: While documentation of inspection is implied by Federal requirements, Maine explicitly requires documentation
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
  • Label containers with accumulation start dates and the date the container became full
  • Containers must be equipped with adequate secondary containment
  • Containers of ignitable or reactive wastes must be stored at least 50 ft. from the property boundary
• Post emergency contact information and procedures for spill responses
• Provide basic training for employees handling hazardous waste
  • While a full written contingency plan is not required, North Dakota requires SQGs to attempt to make arrangements with local emergency responders
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Use UHWM for waste shipments via the e-Manifest system
• Only use Transporters licensed within the state of Maine
• Only use permitted TSDFs
• Report all spills or discharges of Hazardous Waste to DEP Note: The amount spilled, whether it meets Federal Reportable Quantity thresholds, or if it escapes the facility boundary does not matter, DEP requires notification.
• Starting January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system

Large Quantity Generator (LQG) Requirements

LQGs generate 220 lbs or more of hazardous waste or more than 2.2 lbs of acute hazardous waste in a calendar month. Facilities accumulating, at any time, more than 1,322 lbs of hazardous waste or more than 2.2 lbs of acute hazardous waste are also considered LQGs. LQGs are required to submit biennial RCRA reports (through RCRAinfo), and:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA ID number
• Waste determination: Keep detailed records of how waste determinations are made
• Not store waste on-site for more than 90 days without a permit
• Store hazardous waste in appropriate containers
  • Must conduct weekly inspections of tanks and storage areas Note: While documentation of inspection is implied by Federal requirements, Maine explicitly requires documentation
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
  • Label containers with accumulation start dates and the date the container became full
  • Containers must be equipped with adequate secondary containment
  • Maine requires at least 36”aisle space in storage areas and that containers holding greater than 10 gallons cannot be stacked more than 2 containers high; if stored next to a wall or structure, containers may only be 1 row deep while if stored in an aisle, the limitation is 4 rows deep
  • Containers of ignitable or reactive wastes must be stored at least 50 ft. from the property boundary
  • Storage area needs to have a sign posted stating “Danger: Unauthorized Personnel Keep Out”
• Use UHWM for waste shipments via the e-Manifest system
  • Provide Land Disposal Restriction (LDR) for each waste shipment that will be disposed of in a land-based unit
• Only use Transporters licensed within the state of Maine
• Only use permitted TSDFs
• Develop a waste minimization plan
• Develop and maintain a contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders and document arrangements with those emergency responders; attempts to establish arrangements with emergency responders must be made annually
  • Develop a Quick Reference Guide (QRG)
• Report all spills or discharges of Hazardous Waste to DEP Note: The amount spilled, whether it meets Federal Reportable Quantity thresholds, or if it escapes the facility boundary does not matter, DEP requires notification.
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire
  • Conduct annual refresher training
• Submit federal biennial hazardous waste reports in even-numbered years
• Maintain all records for a minimum of 10 years
• LQGs that close have more stringent requirements in Maine than with the Federal, but must notify the DEP within 45 days of closure.

Examples of Facilities Subject to Waste Reporting

The following is a list of common facilities in Maine and the wastes generated that would likely require the submission of an annual or biennial report:

• Biotechnology and Pharmaceutical Companies: Formaldehyde, acutely hazardous pharmaceuticals, ignitable solvents, corrosive cleaning agents, phenol
• Healthcare facilities: Unused or expired pharmaceuticals, mercury from thermometers and medical devices, ignitable chemicals from cleaning or sterilization, corrosive substances used in cleaning, silver-containing waste
• Marine Repair and Shipbuilding Facilities: Spent solvents, lead-based paints or primers, chromium from surface treatments, waste from electroplating, waste containing ethylene glycol
• Food and beverage manufacturing: corrosive cleaning agents, ignitable waste, waste from pest control-chemicals, heavy metals
• Military and Naval operations: reactive waste, propellants, chromium from painting and coating, benzene-contaminated cleanup waste, spent solvents, cadmium from marine equipment maintenance, chromium from anti-corrosion treatment

Hazardous Waste Manifest Requirements for Maine Facilities

Maine requires the use of the EPA UHWM for all off-site waste shipments.
Waste manifests must include:

• Generator information including name, address, and EPA ID
• Transporter details including ID numbers and U.S. DOT descriptions
• TSDF information including name, address, and EPA ID
• Waste descriptions
  • Name, hazard class, EPA and state waste codes, quantities
• Signatures from generators, transporters, and final receiving facilities
• Emergency response numbers and emergency spill cleanup procedures

For Generators:

• Maine requires the use of the federal e-Manifest system for the submission and tracking of manifests
  • Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all Federal SQGs and LQGs to register for the e-Manifest system Note: This means all Maine LQGs would be subject to registration
  • Paper copies must be stored for at least 3 years and if not registered in the e-Manifest system, a copy of the “Generator’s Initial Copy” must be sent to the DEP within 7 days of shipment
• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 35 days of acceptance, generators must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 45 days, generators must submit an exception report with DEP via mail
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest
• Rejection reports:
  • If a TSDF rejects a shipment for any reason, the Generator must also send a report to the DEP within 20 days of rejection that details:
    • The manifest tracking number of the rejected shipment
    • The disposition of the rejected waste
    • Any updates to the waste from the original manifest

For Treatment, Storage, and Disposal Facilities:

• The UHWM must accompany waste throughout its shipment and treatment process.
• Must maintain copies of manifests for a minimum of 3 years.
• Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to DEP by mail within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, the method of treatment, storage, and disposal, and an explanation of why the waste was unmanifested. By December 1, 2025, unmanifested waste reports must be submitted into e-Manifest within 20 days of accepting the waste.
• Discrepancy Reports: If a TSDF operator determines a discrepancy in quantities or types of waste, they must first attempt to resolve it with the generator within 15 days of the incident. If it is not resolved within 15 days, TSDFs must submit a report with DEP detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue. By December 1, 2025, discrepancy reports must be submitted to e-Manifest within 20 days of the incident.

Common Manifest Errors

• Missing information: Including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities
• Incorrect waste codes
• Failure to include LDRs when needed
• Failure to maintain copies: Final manifests must be maintained as paper or electronic copies in the e-Manifest system. Facilities may be required to provide copies of manifests during inspections or demonstrate the ability to access the federal e-Manifest system
  • Starting January 22, 2025, all Federal SQGs and LQGs will be required to register with the federal e-Manifest system Note: This means all Maine LQGs would be subject to registration

Maine Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Maine, the RCRAInfo system serves as the primary platform for submitting biennial hazardous waste reports. This electronic system streamlines reporting by enabling facilities to accurately track hazardous waste generation, storage, and management. RCRAInfo’s standardized format simplifies compliance and reduces errors, while electronic submissions improve efficiency and provide real-time access to critical data for regulatory oversight and emergency planning.

How to Submit a Hazardous Waste Report in RCRAInfo

Here are the key steps for using RCRAInfo Online Reporting system:

• Go to RCRAInfo and either create a new account or sign in with your existing credentials.
• Access the biennial reporting module
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities
• Complete the necessary forms (Federal Form 8700-12, 8700-13 a/b)
  • Site ID Form: Provides contact information and a summary of waste activities for the previous year. This form is required for all facilities, regardless of generator status
  • Generation and Management (GM) Form for each waste stream: Describes waste streams generated and how the waste is managed
    • Provide federal waste codes, state codes, source codes, management methods, waste minimization codes, and waste quantities for each
  • Waste Received (WR) Form: If the facility received RCRA hazardous waste from off-site sources
• Review and submit your waste reports

Deadlines, Timeslines RCRA Reporting Frequency

Biennial Reporting Deadline

Biennial reports are due by March 1st of every even number year regarding information from the previous year

Additional Reporting Requirements (additional waste reports)

Annual Reporting: Maine requires LQGs to submit a report by March 1st of every odd number year regarding information from the previous year. DEP should notify generators to complete a hardcopy version of this report utilizing EPA’s 8700-1300 form, but if the DEP does not, generators should submit the hardcopy form themselves. The 8700-1300 form mirrors those listed in the RCRAinfo section above.

Episodic generation: At this time, Maine has not adopted the episodic generation option.

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Implement a centralized digital storage system to securely manage and organize essential documents and records, ensuring easy access during compliance audits, inspections, and reporting
• Conduct routine self-audits, such as quarterly or semi-annually, to maintain accurate and complete records that align with current RCRA and state-specific regulations about waste generation, storage, and shipment
• Establish and maintain a clear schedule to track and meet all submission deadlines to ensure timely compliance

Understand State-Specific Reporting Requirements

Maine’s hazardous waste regulations can be more stringent than federal regulations. Some key differences include:

• Biennial reporting is required for all generators that generate 220 lbs or more of hazardous waste (this includes both federally hazardous and state hazardous wastes)
• Maine has its own generator categories
  • Categories are based on waste generated OR accumulated
  • Maine generators will technically have a State category and a Federal category
• Maine has its own state-specific hazardous wastes that are subject to manifesting and reporting requirements

Keep Copies of All Submitted Reports

Make copies of all shipment paper forms and securely store them for a minimum of 3 years to stay in compliance in Maine; while inspection logs are only required to be kept for a minimum of 1 year, as all other records in Maine have a 10 year requirement it may be easier to maintain all records for 10 years.

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Incorrectly reporting waste quantities or generator status can occur due to underreporting in an attempt to avoid LQG classification or overreporting caused by data management errors.

Tips:

• Develop standardized reporting checklists to ensure the accuracy of submitted information
• Use electronic tracking systems or digital software to automate calculations for waste generation and shipments
• Keep accurate and updated logs of waste generation and disposal throughout the year to maintain reliable records

Failure to Report All Hazardous Wastes

Failing to include certain waste types in reporting can occur unintentionally due to factors such as misunderstanding federal regulations, misidentifying waste streams, or not assigning the correct state waste codes.

• Commonly overlooked wastes in Maine include cleaning materials such as wipes and rags contaminated with hazardous solvents, partially full aerosol cans, expired pesticides, and state-specific wastes that are not regulated federally
• Designate a compliance lead at each facility to oversee waste determinations and classifications
• Perform regular waste assessments to ensure accurate classification of all waste types
• Update waste determinations periodically to reflect current operations and regulatory changes
• Cross-check waste information with disposal facilities to confirm proper classification and handling

Failing to Keep Up-To-Date with Changes in Regulations

Failing to stay current with regulatory changes in Maine can result from several factors. Facilities may lack dedicated staff to monitor updates, assume that long-standing waste management practices remain compliant, or overlook changes issued by state agencies.

Tips:

• Assign a dedicated staff member or team to track updates to hazardous waste regulations
• Utilize software solutions that monitor regulatory changes and provide notifications about updates
• Participate in local and state Environmental, Health, and Safety (EHS) associations to stay connected and informed about industry developments and compliance requirements

Late and Missed Submissions

Maine does not allow for biennial report extension submissions. Ineffective timeline management can lead to missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. Failing to submit biennial reports may result in fines.

Tips:

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
• Use a centralized digital filing system so data can be easily and readily accessed

Penalties for Non-Compliance with RCRA Reporting in Maine

Potential Fines and Legal Consequences

In Maine, non-compliance with RCRA reporting requirements can lead to penalties, including
fines and civil or criminal enforcement actions. These penalties and fines are enforced by the DEP and the federal EPA. Maine also issues administrative orders and criminal charges to facilities and operators who violate RCRA. Fines can be based on the severity and frequency of violations, knowledge of the violation, and other factors. As of January 8th, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day. The EPA is likely to increase this maximum penalty each year.

Common penalties include:

• Failing to submit biennial reports
• Operating as a TSDF without a permit
• Exceeding storage limits
• Failing to keep manifests up to date in the e-Manifest system

 

Disclaimer: Every effort has been made to ensure the accuracy of the information herein. If you have further questions, we encourage you to reach out to a compliance expert or the regulating body for the jurisdiction in which you operate.