310 CMR, § 30.104

Current through Register 1536, December 6, 2024

Section 30.104 - Wastes Subject to Exemption from 310 CMR 30.000

A waste identified in 310 CMR 30.104 is exempt from the requirements of 310 CMR 30.000 when handled in compliance with the requirements, if any, established by or referenced in 310 CMR 30.104 for that waste. A waste that is exempted from 310 CMR 30.000 may still be subject to other federal, state or local requirements. A waste identified in 310 CMR 30.104 that is not managed in compliance with the terms established by or referenced in 310 CMR 30.104 is a hazardous waste and is subject to all applicable requirements of 310 CMR 30.000.

(1)Wastes Based Upon Exclusions from the Definition of Hazardous Waste Pursuant to M.G.L. c. 21C.

(a) Domestic sewage and any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works, provided that the other waste is legally discharged to the sewer system. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

(b) Industrial wastewater discharges that are point source discharges permitted pursuant to M.G.L. c. 21, § 43 or subject to permits under section 402 of the Federal Water Pollution Control Act of 1967 as amended, or managed in compliance with 310 CMR 71.00. This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.

(c) Irrigation return flows.

(d) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 43 U.S.C. § 2011et seq.

(2)

(a) Waste exempt pursuant to:

1.310 CMR 30.102(2)(c)1. or 2.;

2.310 CMR 30.105(1) addressing certain PCB wastes regulated pursuant to the Toxic Substances Control Act; or

3.310 CMR 30.106: Residues of Hazardous Waste in Empty Containers.

(b) The material is a recyclable material reclaimed in compliance with 310 CMR 30.202(5) or 30.280(2).

(c) The waste ceases to be a hazardous waste pursuant to 310 CMR 30.141.

(d) The waste is listed in 310 CMR 30.130 through 30.136 but has been classified as non-hazardous pursuant to 310 CMR 30.142; or

(e) The following wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, provided they do not exhibit any of the characteristics described pursuant to 310 CMR 30.120 through 30.125:

1. Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332);

2. Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in 310 CMR 30.010: Industrial Furnace (f) and (g)), that have been approved for disposal as special wastes pursuant to M.G.L. c. 111, § 150A at waste disposal facilities, provided that:

a. these residues meet the generic exclusion levels identified in the tables of 40 CFR 261.3(c)(2)(ii)(C), as incorporated by reference, for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements including the notification and certification requirements of 310 CMR 30.104(2)(e)2.b.

b. A one-time notification and certification shall be provided to the solid waste facility and sent to the Department. The notification and certification must also be retained by the generator and treatment facility and must be updated if the process or operation generating the waste changes and/or if the solid waste facility receiving the waste changes. However, the generator or treatment facility need only notify the Department on an annual basis if such changes occur. Such notification and certification shall be submitted to the Department no later than December 31^st. The contents of the notification and certification shall comply with 40 CFR 261.3(c)(2)(ii)(C)(2), as incorporated by reference.

3. Residue resulting from the treatment of hazardous debris, as defined in 40 CFR 268.2 and incorporated by reference at 310 CMR 30.750(1), provided such treatment was conducted by means of the required extraction or destruction technologies specified in 40 CFR 268.45: Table 1 also as incorporated by reference at 310 CMR 30.750(1). Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

(f) Materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process.

(g) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse derived fuel) or reused, except household hazardous waste accepted or accumulated at an event or center subject to 310 CMR 30.390. "Household waste" means any material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). A resource recovery facility managing municipal waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of 310 CMR 30.000, if such facility:

1. Receives and burns only

a. Household waste (except household hazardous waste accepted or accumulated at an event or center subject to 310 CMR 30.390) and

b. Waste from commercial or industrial sources that does not contain hazardous waste; and

2. Does not accept hazardous waste, and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.

(h) Wastes generated by any of the following and which are returned to the soil as fertilizer:

1. The growing and harvesting of agricultural crops; and

2. The raising of animals, including animal manures.

(i) Mining overburden returned to the mine site.

(j) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels.

(k) Drilling fluids, produced waters and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.

(l)

1. The chromium in the waste is exclusively, or nearly exclusively, trivalent chromium.

2. The waste is generated from an industrial process which uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.

3. The waste is typically and frequently managed in non-oxidizing environments.

4. Specific wastes which meet the standard in 310 CMR 30.104(2)(l)1. through 3., provided they do not fail the test for the toxicity characteristic for any other constituent and do not exhibit any other characteristic, are:

a. Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

b. Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

c. Buffing dust generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.

d. Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

e. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

f. Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.

g. Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.

h. Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.

(m) Waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore). For purposes of 310 CMR 30.104(2)(m), beneficiation of ores and minerals is restricted to the activities enumerated by 40 CFR 261.4(b)(7)(i) and waste from the processing of ores and minerals includes only those wastes specifically identified in 40 CFR 261.4(b)(7)(ii)(A) through (T) and incorporated by reference herein.

(n) Cement kiln dust waste.

(o) Waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.

(p) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of 310 CMR 30.125 (Hazardous Waste Codes D018 through D043 only) when managed in compliance with the requirements of 310 CMR 40.000.

(q) Explosives which are destroyed by, or whose destruction is supervised, by U.S. Army Explosive Ordinance personnel, if such explosives are generated by a Small Quantity Generator, as that term is defined in 310 CMR 30.351(1) and (2), such destruction does not involve land disposal, and such destruction occurs during an immediate response to an immediate threat to human health, safety or welfare or to the environment, by U.S. Army Explosive Ordnance personnel.

(r) Explosives which are destroyed by, or whose destruction is supervised by the Department of Public Safety pursuant to M.G.L. c. 148, § 9 and codified at 527 CMR 13.00, if such explosives are generated by a Small Quantity Generator, as that term is defined in 310 CMR 30.351(1) and (2), such destruction does not involve land disposal, and such destruction occurs during an immediate response to an immediate threat to human health, safety or welfare or to the environment, by Department of Public Safety personnel.

(s) Wastes with infectious characteristics, which are regulated by the Department of Public Health pursuant to M.G.L. c. 111, §§ 3, and 51 through 56.

(t) Amalgam waste that is hazardous solely because it fails the test for the Toxicity Characteristic of 310 CMR 30.125 for Hazardous Waste Code D009 when managed by dental facilities in compliance with the requirements of 310 CMR 73.00.

1. Massachusetts facilities that reclaim amalgam waste described in 310 CMR 30.104(2)(u) must comply with the requirements of 310 CMR 30.200 and 30.800, as applicable.

2. Massachusetts facilities that consolidate, but do not reclaim shipments of amalgam waste described in 310 CMR 30.104(2)(u) must, prior to shipping off-site for reclamation:

a. accumulate amalgam waste in containers that are sealed and structurally sound; and

b. accumulate amalgam waste for no more than one year.

(u) Medicinal nitroglycerin, in finished dosage form such as tablets or capsules, that would otherwise meet the description of a P081 listed waste, is not subject to hazardous waste regulation pursuant to 310 CMR 30.000 so long as, upon generation, the following conditions are met:

1. the waste does not meet the description of any other listing; and

2. the waste does not exhibit any hazardous waste characteristic, including the characteristic for which it was originally listed (i.e., the reactivity characteristic, as described at 310 CMR 30.124).

(v) Hazardous debris, as defined in 310 CMR 30.010, that has been treated using one of the required extraction or destruction technologies specified in 310 CMR 30.750 (see 40 CFR 268.45: Table 1). Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

(3)Wastes Subject to Conditional Exemptions.

(a) Samples of waste collected for the sole purpose of testing to determine their properties, characteristics or composition while being managed pursuant to 310 CMR 30.104(3)(a)1. and provided that the generator or sample collector complies with the requirements of 310 CMR 30.104(3)(a) 2. and 3.

1. The exemption established in 310 CMR 30.104(3)(a) is only applicable when:

a. The sample is being transported to a laboratory for the purpose of testing; or

b. The sample is being transported back to the sample collector after testing; or

c. The sample is being stored by the sample collector before transport to a laboratory for testing; or

d. The sample is being stored in a laboratory before testing; or

e. The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or

f. The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).

2. In order to qualify for the exemption in 310 CMR 30.104(3)(a), a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall:

a. Comply with DOT, USPS, or any other applicable shipping requirements; or

b. Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:

1. A laboratory or testing facility which intends to conduct treatability studies shall notify the Department, in writing, and shall submit an application to the Department prior to commencing or conducting such treatability studies, and shall not commence such treatability studies without the prior, written, site-specific approval of the Department. The application shall include the following information:

a. The name and address of the owner of the property where the laboratory or testing facility is located:

b. The name and address of the owner and operator of the laboratory or testing facility;

c. The name and telephone number of the individual responsible for supervising all treatability studies at the laboratory or testing facility;

d. An operations plan which shall include a site plan and shall describe, at a minimum, all of the following:

(i) All hazardous waste storage areas;

(ii) All hazardous waste treatment and sample analysis areas:

(iii) All hazardous wastes to be stored and treated or analyzed, including chemical name and waste codes;

(iv) All hazardous waste treatment processes;

(v) Procedures for obtaining detailed chemical and physical analyses of representative samples of wastes prior to receipt by the laboratory or testing facility for treatability study; and

(vi) Chemical and physical screening methods used to verify that the information obtained pursuant to 310 CMR 30.104(3)(c)1.d.(v) accurately represents the hazardous waste received from off-site generators and sample collectors; and

e. Certification that the laboratory or testing facility is in compliance with 310 CMR 30.351(8) and (9), and that there are written emergency procedures to be used in the event of a fire, explosion, or spill within the storage, analysis, and treatment areas, including identification of the individual(s) responsible for implementing and carrying out all emergency actions; and

f. The signatures described in 310 CMR 30.807(1) and certification required by 310 CMR 30.009 both for sites where mobile treatment units are placed and for applicants located at a laboratory or testing facility; and

g. Listing and status of all required permits or construction approvals for treatability study activity conducted, or intended or proposed to be conducted, by the applicant; and

h. A description of introductory and continuing training programs for all personnel involved in the treatability studies, and documentation of all training given and intended or proposed to be given to each employee. Each applicant's training program shall emphasize hazardous waste management, treatment, and emergency procedures; and

i. Certification that there are written decontamination procedures in effect for mobile treatment units as required in 310 CMR 30.585;

j. The following certification, which shall be separately signed by the persons described in 310 CMR 30.807: I certify under penalty of law that the hazardous waste treatment process and equipment have been designed and installed and will be operated safely with a minimum risk to public health and safety and to the environment.

k. Documentation that the applicant has sent a copy of the notification to the Board of Health, Fire Department and Emergency Planning Committee of the city or town in which the laboratory, testing facility, or mobile treatment unit will be located.

2. The Department may obtain additional information or conduct inspections at the treatability site at any time to ensure that the operation constitutes an insignificant potential hazard to the public health, safety, or welfare or the environment.

3. The laboratory or testing facility conducting the treatability study shall have an EPA identification number as described in 310 CMR 30.511.

4. The laboratory or testing facility shall initiate, in any one day, treatment in all treatability studies on no more than 10,000 kilograms of "as received" media contaminated with non-acutely hazardous waste, 2,500 kilograms of media contaminated with acutely hazardous waste, or 250 kilograms of other "as received" hazardous waste. "As received" waste means the waste as received in the shipment from the generator or sample collector.

5. For the purpose of evaluation in treatability studies, the total quantity of "as received" hazardous waste stored at a laboratory or testing facility shall not at any time exceed, in the aggregate, 10,000 kilograms. The 10,000 kilogram quantity may include not more than 10,000 kilograms of media contaminated with non-acutely hazardous waste, 2,500 kilograms of media contaminated with acutely hazardous waste, 1,000 kilograms of non-acutely hazardous wastes other than contaminated media, and 1 kilogram of acutely hazardous waste. The total quantity of as received hazardous waste does not include treatment materials (including non-hazardous waste) added to "as received" hazardous waste.

6. The laboratory or testing facility shall hold no sample longer than 90 days after the completion of the treatability study in which the sample was used, or one year after the generator or sample collector ships the sample to the laboratory or testing facility (two years for treatability studies involving bioremediation), whichever date first occurs. Up to 500 kilograms of treated material from a particular wastestream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived shall be counted towards the total storage limit for the laboratory or testing facility.

7. The laboratory or testing facility shall accumulate treatability study samples, retained samples, treatability study residues and treatment materials (including nonhazardous waste) added to "as received" hazardous waste in storage at the laboratories or testing facilities in compliance with the requirements in 310 CMR 30.351(8) and (9).

8. In a treatability study, the placement of hazardous waste into or on land, and the open burning of hazardous waste, are prohibited.

9. For three years following completion of each study, or for the duration of any unresolved enforcement action, whichever period is longer, the laboratory or testing facility shall maintain all records that show the treatment rate, the quantity of material in storage, and the amount of time of storage, including, without limitation, records showing the following:

a. The name, address, and EPA identification number of the generator or sample collector of each waste sample;

b. The date the shipment was received by the laboratory or testing facility;

c. The quantity of waste accepted;

d. The quantity of "as received" waste in storage each day;

e. The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;

f. The date the treatability study was concluded; and

g. The date on which the laboratory or testing facility returned any unused sample or residues generated from the treatability study to the generator or sample collector or, if sent to a designated facility, the name and EPA identification number of the facility.

10. The laboratory or testing facility shall keep on-site a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending not less than three years from the completion date of each treatability study, or for the duration of any unresolved enforcement action, whichever period is longer. In the case of mobile treatment units, the laboratory or testing facility shall retain such information at the fixed facility where the mobile treatment unit is stored when not in use. If such location is situated outside the Commonwealth, such records shall be made available upon request of the Department.

11. The laboratory or testing facility shall prepare and submit a report to the Department by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year:

a. The name, address, and EPA identification number of the laboratory or testing facility conducting the treatability studies;

b. The types (by process) of treatability studies conducted;

c. The names and addresses of persons for whom studies have been conducted (including the EPA identification number of each);

d. The total quantity of "as received" waste together with any materials archived pursuant to 310 CMR 30.104(3)(c)6. in storage each day;

e. The quantity and types of waste subjected to treatability studies;

1. When the low-level mixed waste referenced in 310 CMR 30.104(3)(g) has met the requirements for reaching background radiation levels in its Nuclear Regulatory Commission background license for decay-in-storage and can be disposed of as a nonradioactive waste, then the conditional exemption for storage no longer applies and such waste is subject to hazardous waste regulation pursuant to the applicable provisions of 310 CMR 30.000.

2. Within three days of becoming subject to hazardous waste regulation, pursuant to 310 CMR 30.104(3)(g)1., such waste shall be transferred to the generator's hazardous waste accumulation area, and labeled with the date on which the waste was transferred to the accumulation area as the container accumulation start date.

(b) Treatability Study Samples. Except as provided in 310 CMR 30.104(3)(b) and (c), any person who generates or collects samples for the purpose of conducting treatability studies is exempt from the requirements of 310 CMR 30.000, and need not include treatability study samples in quantity determinations made pursuant to 310 CMR 30.340(1), 30.351(1) and 30.353(1), so long as such samples are managed pursuant to 310 CMR 30.104(3)(b).

1. The exemption established in 310 CMR 30.104(3)(b) is only applicable when:

a. The generator or sample collector is collecting and preparing a sample for transportation; or

b. The generator or sample collector is accumulating or storing a sample prior to transportation to a laboratory or testing facility; or

c. The generator or sample collector is transporting a sample to a laboratory or testing facility for the purpose of conducting a treatability study; or

d. The sample is being transported back to the generator or sample collector after completion of the treatability study.

2. Any person who generates or collects samples for the purpose of conducting a treatability study shall comply with the following requirements:

a. The generator or sample collector shall accumulate for treatability studies a total of no more than 10, 000 kilograms of media contaminated with non-acutely hazardous waste, 1, 000 kilograms of non-acutely hazardous waste other than contaminated media, 1 kilogram of acutely hazardous waste, or 2, 500 kilograms of media contaminated with acutely hazardous waste for each treatment process being evaluated for each generated waste stream; and

b. The mass of each sample shipment shall not exceed 10, 000 kilograms; the 10, 000 kilogram quantity may be all media contaminated with non-acutely hazardous waste, 2, 500 kilograms of media contaminated with acutely hazardous waste, 1, 000 kilograms of hazardous waste, and 1 kilogram of acutely hazardous waste; and

c. The generator or sample collector accumulates treatability study samples at the site of generation for 180 days or less; and

d. The generator or sample collector shall package the sample to ensure that the sample will not leak, spill, or vaporize from its packaging during shipment, and shall ensure that:

(i) The transportation of each sample shipment shall comply with DOT, USPS, and all other applicable shipping requirements; or

(ii) If DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information shall accompany the sample:

(A) The name, mailing address, and telephone number of the originator of the sample;

(B) The name, address, and telephone number of the facility that will perform the treatability study;

(C) The quantity of the sample;

(D) The date of shipment; and

(E) A description of the sample including the EPA Hazardous Waste Number of the material in the sample; and

e. The generator or sample collector shall cause the sample to be shipped only to a laboratory or testing facility which is exempt pursuant to 310 CMR 30.104(3)(c), or has a valid license issued by the Department pursuant to M.G.L. c. 21C or interim status; and

f. The generator or sample collector may transport the sample off the site of generation without having to obtain a license to transport hazardous waste or a vehicle identification device for the vehicle in which the hazardous waste is transported, and without having to use a hazardous waste manifest, but only if all of the following requirements are met:

(i) The generator or sample collector may not collect or transport any treatability sample except such treatability samples generated by that generator.

(ii) the transport of the treatability sample is not prohibited by the DOT pursuant to 49 CFR 172.101(d).

(iii) The generator or sample collector may deliver the treatability sample only to a destination described in 310 CMR 30.104(3)(b)2.e.

(iv) The generator or sample collector may not transport more, in the aggregate, than 200 kilograms of treatability sample in any one vehicle at any one time. Such treatability samples may be transported only in containers.

(v) The generator or sample collector shall transport the treatability sample only in containers that are

(A) compatible with the sample; and

(B) tightly sealed; and

(C) tightly secured to the vehicle in which they are transported; and

(D) clearly marked and labelled in a manner which identifies, in words, the material(s) in the container (e.g., acetone, toluene) and the hazard(s) associated with the sample (e.g., ignitable, toxic, dangerous when wet); and

(E) clearly marked with the words "Treatability Sample"; and

(F) in compliance with applicable regulations and standards of the DOT and the Massachusetts Department of Public Works, and the Massachusetts Board of Fire Prevention Regulations, 527 CMR 1.00 through 24.00.

(vi) Treatability samples that are incompatible with each other shall not be transported in the same vehicle at the same time.

(vii) In the event that a fire, explosion, spill or other release or threat of release of oil, hazardous waste, or hazardous material occurs during transport, the generator shall take all appropriate action to protect public health, safety, and welfare and the environment, and shall

(A) Immediately notify the local fire and police departments; and

(B) Call the Bureau of Waste Site Clean-up at the Department's Regional Office serving the location where the release or threat of release occurred when required by and within the time frames established pursuant to 310 CMR 40.0311 through 40.0317. To report a release after normal business hours, dial (617) 556-1133, (888) 304-1133 (or such other telephone number as may be designated by the Department) or follow any instructions provided on the answering message for the Regional Office.

(C) In addition to the notification requirements of 310 CMR 30.104(3)(b)2.f.(vii)(A) and (B), when a fire, explosion, spill or other release could threaten human health or the environment, when a reportable quantity limit established pursuant to 310 CMR 40.0000 has been exceeded, or when the generator has knowledge that a spill has reached surface water or an adjoining shoreline, the generator shall immediately notify the National Response Center at its 24-hour toll-free number (1-800-424-8802) and provide the information required pursuant to 310 CMR 30.351(9)(i)2.a through g.

(viii) The vehicle in which the treatability sample is transported shall go directly to the intended destination, without any stops or detours in between except those reasonably and immediately necessary in response to road conditions, the driver's need for nourishment or rest, the vehicle's need for service or maintenance, or emergencies.

(ix) The generator shall placard the vehicle when so required by DOT pursuant to 49 CFR 172.504.

g. A generator or sample collector who ships or offers for shipment any sample in excess of 200 kilograms in weight shall:

(i) not itself transport the sample unless that generator or sample collector has at that time a valid license issued by the Department pursuant to M.G.L. c. 21C to transport hazardous waste; and

(ii) offer the sample for transportation only to a person who has at that time both an EPA identification number and a valid license issued by the Department pursuant to M.G.L. c. 21C for the transport of that hazardous waste sample; and

(iii) limit the mass of each sample shipment to 10, 000 kilograms or less. The 10, 000 kilogram quantity may be all media contaminated with non-acutely hazardous waste, or may include 2, 500 kilograms of media contaminated with acutely hazardous waste, 1, 000 kilograms of hazardous waste, and 1 kilogram of acutely hazardous waste; and

h. The generator or sample collector shall maintain the following records for a period of at least three years after completion of the treatability study, or for the duration of any unresolved enforcement action, whichever period is longer:

(i) Copies of the shipping documents;

(ii) A copy of the contract with the facility conducting the treatability study;

(iii) Documentation showing:

(A) the amount of waste shipped pursuant to 310 CMR 30.104(3)(b);

(B) the name, address, and EPA identification number of the laboratory or testing facility that received the waste;

(C) the date of the shipment to the laboratory or testing facility; and

(D) whether or not unused samples and residues were returned to the generator; and

i. A Large Quantity Generator shall report the information required in 310 CMR 30.104(3)(b)2.g.(iii) in its Biennial Report, as described in 310 CMR 30.332.

(c) Samples undergoing treatability studies at laboratories and testing facilities. While a sample undergoing a treatability study is at a laboratory or testing facility, such sample is not subject to any requirement of 310 CMR 30.000, provided that the requirements set forth in 310 CMR 30.104(3)(c) are met. The laboratory or test facility which only conducts treatability studies on treatability samples is not subject to any requirement of 310 CMR 30.000 provided that the requirements of 310 CMR 30.104(3)(c) are met. A mobile treatment unit may qualify as a testing facility subject to 310 CMR 30.104(3)(c). Where a group of mobile treatment units are located at the same site, the limitations specified in 310 CMR 30.104(3)(c) apply to the entire group of mobile treatment units collectively as if the group were one mobile treatment unit.

1. A laboratory or testing facility which intends to conduct treatability studies shall notify the Department, in writing, and shall submit an application to the Department prior to commencing or conducting such treatability studies, and shall not commence such treatability studies without the prior written approval of the Department. The application shall include the following information:

a. The name and address of the owner of the property where the laboratory or testing facility is, or will be, located:

b. The name and address of the owner/operator of the laboratory or testing facility;

c. The name and telephone number of the individual responsible for supervising all treatability studies at the laboratory or testing facility;

d. An operations plan which shall include a site plan and shall describe, at a minimum, all of the following:

(i) All hazardous waste storage areas;

(ii) All hazardous waste treatment and sample analysis areas:

(iii) All hazardous wastes to be stored and treated or analyzed, including chemical name and waste codes;

(iv) All hazardous waste treatment processes;

(v) Procedures for obtaining detailed chemical and physical analyses of representative samples of wastes prior to receipt by the laboratory or testing facility for treatability study; and

g. Listing and status of all required permits or construction approvals for treatability study activity conducted, or intended or proposed to be conducted, by the applicant; and

i. Certification that there are written decontamination procedures in effect for mobile treatment units as required in 310 CMR 30.585;

3. The laboratory or testing facility conducting the treatability study shall have an EPA identification number as described in 310 CMR 30.511.

4. The laboratory or testing facility shall initiate, in any one day, treatment in all treatability studies on no more than 10, 000 kilograms of "as received" media contaminated with non-acutely hazardous waste, 2, 500 kilograms of media contaminated with acutely hazardous waste, or 250 kilograms of other "as received" hazardous waste. "As received" waste means the waste as received in the shipment from the generator or sample collector.

5. For the purpose of evaluation in treatability studies, the total quantity of "as received" hazardous waste stored at a laboratory or testing facility shall not at any time exceed, in the aggregate, 10, 000 kilograms. The 10, 000 kilogram quantity may include not more than 10, 000 kilograms of media contaminated with non-acutely hazardous waste, 2, 500 kilograms of media contaminated with acutely hazardous waste, 1, 000 kilograms of non-acutely hazardous wastes other than contaminated media, and 1 kilogram of acutely hazardous waste. The total quantity of as received hazardous waste does not include treatment materials (including non-hazardous waste) added to "as received" hazardous waste.

8. In a treatability study, the placement of hazardous waste into or on land, and the open burning of hazardous waste, are prohibited.

a. The name, address, and EPA identification number of the generator or sample collector of each waste sample;

b. The date the shipment was received by the laboratory or testing facility;

c. The quantity of waste accepted;

d. The quantity of "as received" waste in storage each day;

e. The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;

f. The date the treatability study was concluded; and

a. The name, address, and EPA identification number of the laboratory or testing facility conducting the treatability studies;

b. The types (by process) of treatability studies conducted;

c. The names and addresses of persons for whom studies have been conducted (including the EPA identification number of each);

d. The total quantity of "as received" waste together with any materials archived pursuant to 310 CMR 30.104(3)(c)6. in storage each day;

e. The quantity and types of waste subjected to treatability studies;

f. When each treatability study was conducted;

g. The final disposition of residues and unused sample from each treatability study;

h. The names and addresses of all transporters or shippers (including the USPS) of wastes;

i. Types of wastes including waste codes shipped or transported; and

j. Dates of each shipment.

12. The laboratory or testing facility shall determine whether any unused sample or residues generated by the treatability study are hazardous waste pursuant to 310 CMR 30.100 and if so, are subject to 310 CMR 30.000, unless the residues and unused samples are returned to the sample originator pursuant to 310 CMR 30.104(3)(b).

13. The laboratory or testing facility shall comply with the following closure requirements:

a.310 CMR 30.585 (for equipment, structures, and soil);

b.310 CMR 30.689 (for containers); and

c.310 CMR 30.699 (for tank systems).

14. The laboratory or testing facility shall notify the Department by letter when the facility is no longer planning to conduct any treatability studies at the site and certifies compliance with the closure requirements referenced in 310 CMR 30.104(3)(c)13.

(d)Research Study Samples. Except as provided in 310 CMR 30.104(3)(d) and 310 CMR 30.864, any person who generates or collects samples for the purpose of conducting a research study is exempt from the requirements of 310 CMR 30.000, and need not include research study samples in quantity determinations made pursuant to 310 CMR 30.340(1), 310 CMR 30.351(1) and 30.353(1), so long as such samples are managed pursuant to 310 CMR 30.104(3)(d).

1. The exemption established in 310 CMR 30.104(3)(d) is only applicable when:

a. The generator or sample collector is accumulating or storing a sample prior to transportation to a research facility; or

b. The generator or sample collector is collecting and preparing a sample for transportation; or

c. The generator or sample collector is transporting, or causing to have transported, a sample to a research facility for the purpose of conducting a research study.

d. The sample is being transported back to the generator or sample collector after completion of the research study and pursuant to a contractual agreement with the research facility.

2. Any person who generates or collects samples, in excess of treatability study limits as set forth in 310 CMR 30.104(3)(b), for the purpose of conducting a research study shall comply with the following requirements:

a. For each treatment or disposal process evaluated for each generated waste stream, the generator or sample collector shall accumulate for a research study no more than the quantity of such waste stream that is necessary for the purpose of such study and specified in a contractual agreement with the destination research facility; and

b. The generator or sample collector shall accumulate at any one time for all research studies no more than the total quantities of various waste streams that are determined to be necessary for the purpose of such studies and specified in one or more contractual agreements with the destination research facility; and

c. The generator or sample collector shall package the sample to ensure that the sample will not leak, spill, or vaporize from its packaging during shipment; and

d. The generator or sample collector shall cause the sample to be shipped only to a research facility which has a valid license issued by the Department pursuant to 310 CMR 30.864; and

e. The generator or sample collector who transports or offers for transport to a research facility any sample shall:

(i) Comply with all applicable manifest requirements in 310 CMR 30.310 through 30.316;

(ii) Not itself transport the sample unless that generator or sample collector has at that time a valid license issued by the Department pursuant to M.G.L. c. 21C to transport hazardous waste; and

(iii) Offer the sample for transportation only to a person who has at that time both an EPA identification number and a valid license issued by the Department pursuant to M.G.L. c. 21C for the transport of that hazardous waste sample; and

f. The generator or sample collector shall maintain the following records for a period of at least three years after completion of a research study, or for the duration of any unresolved enforcement action, whichever period is longer:

(i) Copies of all manifests;

(ii) A copy of the contractual agreement with the research facility conducting the research study;

(iii) Documentation showing:

(A) The amount of waste transported pursuant to 310 CMR 30.104(3)(d);

(B) The name, address, and EPA identification number of the research facility that received the waste; and

(C) The date of the shipment(s) to the research facility.

g. A Large Quantity Generator shall report the information required in 310 CMR 30.104(3)(d)2.f. in its Biennial Report, as described in 310 CMR 30.332.

3. Any person who intends to or does generate or collect samples, below treatability study limits set forth in 310 CMR 30.104(3)(b), for the purpose of conducting a research study shall comply with all applicable requirements set forth in 310 CMR 30.104(3)(b).

(e) Gasoline and water mixtures that are hazardous for the ignitability characteristic (D001) and/or the toxicity characteristic for benzene (D018) provided that the generator of the gasoline and water mixtures complies with the requirements of 310 CMR 30.104(3)(e). Such generators shall ensure that:

1. the material has never been used and is being reclaimed for gasoline content;

2. the material, if accumulated on-site prior to shipping, is accumulated in containers that are sealed, structurally sound and labeled as a "Gasoline/Water Mixture For Reclamation - Ignitable - Toxic - Benzene";

3. the material is transported by a hazardous waste transporter using either a manifest or bill of lading, or by a common carrier using a bill of lading in compliance with 310 CMR 30.223(4)(b), as applicable, and in such a manner so as to not cause a leak or spill during transit;

4. records from the recycling facility demonstrating that each shipment of material to the recycling facility was received and recycled in compliance with applicable state and federal laws and regulations, are kept by the generator for three years from the date of recycling; and

5. the recycling facility signs the bill of lading or manifest acknowledging receipt of the material and returns a copy after signature to the generator.

(f) Dredged material when temporarily stored at an intermediate facility pursuant to 314 CMR 9.07(4), or when placed in confined disposal pursuant to 314 CMR 9.07(8), provided it is managed in accordance with the following:

1. the material is managed in accordance with requirements established in a Clean Water Act (33 U.S.C. 1344) § 401 certification, specifically covering the intermediate facility or the confined disposal; and

2. the material is managed in accordance with requirements included in a permit issued under § 404 of the Clean Water Act, specifically covering the intermediate facility or the confined disposal;

3. this exemption shall not apply:

a. to any facility or activity that is not subject to regulation under § 404 of the Clean Water Act;

b. to any facility or activity for which 401 certification requirements have been waived by the Department;

c. to any facility or activity regarding which all 401 certification requirements established by the Department have not been included in a 404 permit; or

d. if the Department determines that compliance with some or all of the provisions of 310 CMR 30.000 is required.

(g) Low-level mixed waste and the transportation and disposal of Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) that contain hazardous waste managed in compliance with 40 CFR Part 266, Subpart N, hereby incorporated by reference, subject to the following exceptions, additions and modifications:

1. When the low-level mixed waste referenced in 310 CMR 30.104(3)(g) has met the requirements for reaching background radiation levels in its Nuclear Regulatory Commission background license for decay-in-storage and can be disposed of as a non-radioactive waste, then the conditional exemption for storage no longer applies and such waste is subject to hazardous waste regulation pursuant to the applicable provisions of 310 CMR 30.000.

(h) Used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling that are managed in compliance with 310 CMR 30.104(3)(h). Such generators shall ensure that:

1.Prior to Processing. These materials are not hazardous wastes if they are destined for recycling and if they meet the following requirements:

a.Storage. The broken CRTs shall be placed in a container (i.e., a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of CRT glass (including fine solid materials).

b.Labeling. Each container in which the used, broken CRT is contained shall be labeled or marked clearly with one of the following phrases: "Used cathode ray tube(s)-contains leaded glass" or "Leaded glass from televisions or computers." It shall also be labeled: "Do not mix with other glass materials."

c.Transportation. The used, broken CRTs shall be transported in a container meeting the requirements of 310 CMR 30.104(3)(h)1.a. and 310 CMR 30.104(3)(h)1.b.

d.Speculative Accumulation and Use Constituting Disposal. The used, broken CRTs are subject to the speculative accumulation prohibition described at 310 CMR 30.205(14), including the same recordkeeping requirements as are stated there for permittees. If they are used in a manner constituting disposal, or intended for disposal, and they or their components exhibit a hazardous waste characteristic described at 310 CMR 30.125, they shall comply with the applicable requirements of 310 CMR 30.000 instead of the requirements of 310 CMR 30.104(3)(h).

e.Exports. In addition to the applicable conditions specified in 310 CMR 30.104(3)(h)1. and 2., exporters of used, broken CRTs shall comply with the EPA administered requirements at 40 CFR 260.2(d) and 261.39(a)(5).

2.Requirements for Used CRT Processing. Used, broken CRTs undergoing CRT processing as defined in 310 CMR 30.010 are not hazardous wastes if they meet the following requirements:

a.Storage. Used, broken CRTs undergoing processing are subject to 310 CMR 30.104(3)(h)1.d.

b.Processing.

i. All CRT processing activities described in the CRT processing definition at 310 CMR 30.010(1) through (3) shall be performed within a building with a roof, floor, and walls;

ii. No activities may be performed that use temperatures high enough to volatilize lead from CRTs; and

iii. A company that conducts CRT Processing shall submit a one-time notification to the Department on a form specified by the Department 30 days prior to commencing CRT Processing. This notification shall include, at a minimum, the name and address of the company conducting the CRT Processing, the name and phone number of a company contact person, a description of the CRT glass processing operation including, but not limited to, the procedures for acceptance, handling and processing, and the name and address of the facilities to which the CRT glass is sent for recycling.

c.Processed CRT Glass Sent to CRT Glass Making or Lead Smelting. Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a hazardous waste if it meets the speculative accumulation prohibition described at 310 CMR 30.205(14), including the same record-keeping requirements as is stated there for permittees.

d.Use Constituting Disposal. Glass from used CRTs that exhibits a hazardous waste characteristic described at 310 CMR 30.125 and that is used in a manner constituting disposal, or intended for disposal, shall comply with the requirements of 310 CMR 30.000 instead of the requirements of 310 CMR 30.104(3)(h).

(i) Solvent-contaminated wipes that are sent for cleaning and reuse are not hazardous wastes from the point of generation, provided that all of the following conditions are met:

1. The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-contaminated Wipes." The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning;

3. At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes must contain no free liquids as defined in 310 CMR 30.010;

4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in 310 CMR 30.000;

5. Generators must maintain at their site the following documentation:

a. Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

b. Documentation that the 180-day accumulation time limit in 310 CMR 30.104(3)(i)2. is being met; and

c. Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

6. The solvent-contaminated wipes are sent to a laundry or dry cleaner in Massachusetts, or in another State where this exclusion has been adopted, whose discharge, if any, is regulated under §§ 301 and 402 or § 307 of the Clean Water Act.

(j) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided that all of the following conditions are met:

2. The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal;

3. At the point of being transported for disposal, the solvent-contaminated wipes must contain no free liquids as defined in 310 CMR 30.010;

4. Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in 310 CMR 30.000;

5. Generators must maintain at their site the following documentation:

a. Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes;

b. Documentation that the 180-day accumulation time limit in 310 CMR 30.104(3)(i)2. is being met; and

c. Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal.

6. The solvent-contaminated wipes are sent for disposal

a. To a municipal solid waste landfill permitted pursuant to M.G.L. c. 111, § 150A (Solid Waste Management Act) and implementing regulations, or to a municipal solid waste landfill in another state where this exclusion has been adopted and which is regulated under 40 CFR Part 258, including 40 CFR 258.40, or to a hazardous waste landfill regulated under 40 CFR Parts 264 or 265 or equivalent State regulations; or

b. To a municipal waste combustor in Massachusetts or other combustion facility regulated under M.G.L. c. 111, § 142A through § 142E and implementing regulations, or to a municipal waste combustor or other combustion facility in another State where this exclusion has been adopted and which is regulated under Section 129 of the Clean Air Act, or to a hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR parts 264, 265, or 266 subpart H or equivalent State regulations.

(k)Airbag Waste.

1. Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not a hazardous waste and is not subject to the notification requirements of 310 CMR 30.060 through 30.064 provided that:

a. The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;

b. The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled "Airbag Waste-Do Not Reuse";

c. The airbag waste is sent directly to either:

i. An airbag waste collection facility in the United States under the control of a vehicle manufacturer or their authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration, or

ii. A designated facility as defined in 310 CMR 30.010;

d. The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations in 49 CFR Part 171 through 180 during transit;

e. The airbag waste handler maintains at the handler facility for no less than three years records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records must, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste (i.e., airbag modules or airbag inflators) in the shipment. Confirmations of receipt must include the name and address of the receiving facility; the type and quantity of the airbag waste (i.e., airbag modules and airbag inflators) received; and the date which it was received. Shipping records and confirmations of receipt must be made available for inspection and may be satisfied by routine business records (e.g., electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).

2. Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and must comply with the requirements of 310 CMR 30.000, as applicable.

3. Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is prohibited.

310 CMR, § 30.104

Amended by Mass Register Issue 1404, eff. 11/15/2019.

Amended by Mass Register Issue 1522, eff. 5/24/2024.