STATE OF MAINE
DEPARTMENT OF EDUCATION
23 STATE HOUSE STATION AUGUSTA, MAINE 04333-0023
JOHN ELIAS BALDACCI
GOVERNOR
SUSAN A. GENDRON
COMMISSIONER
Ed’s Cheat Sheet
Chemicals in Schools June 2006
Background and Purpose: Several agencies oversee/regulate chemicals in schools in Maine. The following information provides Ed Antz’s paraphrase(s) of regulatory agencies and their regulations. It is intended for informational purposes, not legal reference, and highlights major points of each rule. 1) Education Chemicals: Chapter 161 Rules, Purchase and Storage of Hazardous Chemicals. regulate the purchase and storage of various chemicals in public schools. “Chemicals” is a generic term and they may be found in various areas of public schools like science labs, vocational education, maintenance, photo, and art rooms, and custodial areas. Major Chapter 161 rule provisions include: ● requires a chemical purchasing screening process ● requires schools to only purchase a two year supply of each chemical ● requires an annual inventory of all chemicals ● requires chemicals to be stored securely, safely, and compatibly ● requires spill control equipment and materials be available Contact is Ed Antz, Dep’t of Education, 624-6886, #23 State House Station, Augusta ME 04333. 2) Agriculture Pesticides: Chapter 27 Rules, Standards for Pesticide Applications and Public Notification in Schools, regulates the use of pesticides in/around public and private schools, applicator notification requirements each school year, and training/certification standards for applicators. Pesticides include herbicides, rodenticides, insecticides, and some cleaning agents. Major Chapter 27 rule provisions include: ● requires a school employee be appointed as an integrated pest management (IPM) coordinator ● requires an IPM policy be developed after reviewing applicable regulations ● requires that pesticides be applied only by properly certified and trained people, as part of an IPM program, and consistent with state regulations ● requires parents and staff be notified every year (within 2 weeks of school start) regarding IPM Plan availability and other details ● requires parents and staff be notified 5 days before any application, inside or out ● requires notices to be posted (at application point accesses) 2 days before and after application ● requires pest and application records be kept for 2 years Contact is Kathy Murray, 287-7616, Board of Pesticide Control, #17 State House Station, Augusta ME, 04333.
Page 2 3) Environmental Protection Universal and Hazardous Wastes, Asbestos, Lead, and Mercury: a) Chapter 850-857: Hazardous Waste Rules regulate storage, manifesting, and disposing of hazardous wastes, like waste paints, solvents, lab chemicals, oils, degreasers, printing supplies, pesticides, flammable liquids, and listed wastes. Most school complexes generate less than ½ drum of wastes monthly and dispose of wastes before accumulating more than 1 drum, so they are termed “small quantity generators” (SQG) so they have lesser rules. Major SQG requirements include: ● containers must be labeled “hazardous waste” and have accumulation start and full dates ● containers must be 55 gallons or less, in good condition, and compatible with the waste ● containers must not be stored for more than 180 days when full ● manifests must be used for waste shipments and must be kept for 3 years ● transporters must be licensed by the Maine DEP ● disposal facilities must be licensed to accept the type of waste generated ● treating (evaporation, recovering silver) or disposing (septic, sewer, dumping, mixing, burning, etc) of hazardous wastes is prohibited by anyone who is not licensed by DEP ● hazardous waste spills must be reported to DEP at 1-800-452-4664 and a written report must be sent within 15 days of the spill b) Chapters 850-857: Universal Waste Rules regulates the storage and recycling of universal wastes such as cathode ray tubes (CRTs), fluorescent bulbs or lamps, most batteries other than alkaline or car batteries, mercury containing devices, and polychlorinated biphenyls (PCB-light ballasts). Major requirements include: ● a locked storage area (out of the weather) must be designated and marked “Universal Waste” ● storage areas must be inspected weekly (unless less than 200 pieces are generated or stored per month) ● wastes must be stored in closed containers marked with the start date ● wastes must not be stored more than 1 year from start date (exceptions for smaller amounts, generally no more than 1 box or small container until full) ● wastes must be packed so they will not break during storage and transport ● full and/or broken packages must be sealed with tape immediately ● spills must be handled immediately and spill waste put into proper containers ● additional requirements apply (call DEP for details) for a facility that accumulates or generates more than 200 pieces of universal waste in any month ● persons who handle or manage universal waste must be trained ● records of U-Waste accumulation, storage, and disposal must be kept for 3 years ● U-Waste must be shipped, using a log form or manifest, to an instate central accumulation or consolidation facility (call DEP for details) c) Asbestos and Lead Rules are Chapters 425 and 424. Chapter 425 regulates licensing of companies, notification of projects, work practices to be used, training of employees for asbestos projects greater than 3 linear or square feet. Incorporated are federal asbestos rules, 40 CFR Part 763 (AHERA), that regulate development and implementation of asbestos management plans in schools. Chapter 424 regulates similar activities to asbestos rules, but for only intended and ordered lead abatements (DHS), not general renovations where lead paint is incidentally impacted during the renovation or demolition activity (vast majority of all activities in Maine).
Page 3 d) Mercury Rules are in Chapters 850-857and part of universal and hazardous waste rules. Mercury waste and contamination in schools are of concern and effective January 1, 2002, no schools can buy elemental mercury or mercury compounds. Most mercury products sold in Maine will be phased out over the next several years as well. Mercury-containing products, like fluorescent bulbs/lamps, thermostats, switches, thermometers, vacuum gauges, barometers, psychrometers, etc., once deemed to be a waste, must be managed and disposed of as either universal or hazardous wastes described above. Mercury spills should be considered hazardous and should be cleaned up by only trained and properly protected individuals. Small spills (less than 10 fluorescent bulbs) can be cleaned up by school personnel with proper procedures and practices (call DEP for details), while larger spills or releases must be reported to DEP and should be cleaned up by professionals. Liquid mercury spills and releases require reporting immediately to DEP’s hotline 1-800-452-4664. Contacts are Ann Pistell (mercury and universal waste), Rick Currie (hazardous waste), and Carole Cifrino (asbestos and lead); Maine DEP, #17 State House Station, Augusta ME 04333, 287-2651. 4) Labor Employee Exposure to Lab Chemicals, Right-to-Know Chemicals (Haz Com) a) Lab Exposures to Employees: Labor adopted the federal OSHA Rule 1910.1450 which regulates employee monitoring, training, and safety procedures in science labs to promote the safe use, storage, and handling of chemicals. Developed for industry, not schools! Major rule provisions include: ● districts must develop, implement, and annually update a chemical hygiene plan (CHP) ● districts must train and appoint an employee as a chemical hygiene officer (CHO) ● districts must ensure that persons exposed to lab chemicals are properly trained and equipped ● districts must ensure that exposed employees receive free medical exams if symptoms occur ● districts must maintain MSDS sheets for each chemical ● districts must ensure that labels on chemicals are original and intact ● districts must ensure that fume hoods and vents are working properly b) Right to Know (Hazard Communication): Labor again adopted federal OSHA rules regarding Hazard Communication (HazCom). Public and private employers are therefore subject to these rules which ensure that employers know about work place hazards, how to protect their employees, and communicate with them. Major HazCom rule provisions include: ● employer must identify and list hazardous chemicals in the workplace ● employer must label and have a material safety data sheet (MSDS) for each hazardous chemical (details risks and protective measures to take) ● employers must have a written HazCom plan ● employers must tell employees of chemicals hazards, and provide information and equipment regarding how to minimize exposures Contact is Steve Greeley, Department of Labor, 624-6400, # 45 State House Station, Augusta ME 04333. Ed’s Disclaimer: This document is for informational purposes and is not intended for regulatory interpretations or compliance. The information is merely a compilation of information from the various state agencies involved with chemicals in Maine, and may or may not be complete or accurate.