Section 30.852 - Facility License Modification at the Request of the Licensee(1) Prior to submitting any modification request to the Department, the licensee shall comply with M.G.L. c. 21D, if applicable.(2) Class 1 modifications (a) Except as provided in 310 CMR 30.852(2)(b), the licensee may put into effect Class 1 modifications listed in Table 310 CMR 30.852 pursuant to the following conditions: 1. The licensee shall notify the Department concerning the modification by certified mail or other means that establish proof of delivery within seven calendar days after the change is put into effect. This notice shall specify the changes being made to license conditions or supporting documents referenced by the license and shall explain why they are necessary. Along with the notice, the licensee shall provide the information required by 310 CMR 30.801 through 30.804 or other information which is relevant to the modification request.2. The licensee shall send a notice of the modification to all persons on the facility mailing list and the appropriate units of State and local government as specified in 310 CMR 30.833(4). This notification shall be made within 90 calendar days after the change is put into effect. For the Class 1 modifications that require prior Department approval, the notification shall be made within 90 calendar days after the Department approves the request.3. Any person may request the Department to review, and the Department may for cause reject, any Class 1 modification. The Department shall inform the licensee by certified mail that a Class 1 modification has been rejected, explaining the reasons for the rejection. If the Class 1 modification has been rejected, the licensee shall comply with the original license conditions.(b) Class 1 modifications identified in Table 310 CMR 30.852 with a footnote may be made only with the prior written approval of the Department.(c) For a Class 1 license modification, the licensee may elect to follow the procedures in 310 CMR 30.852(3) for Class 2 modifications instead of Class 1 procedures. The licensee shall inform the Department of this decision in the notice required in 310 CMR 30.852(3)(a).(3)Class 2 Modifications.(a) For Class 2 modifications listed in Table 310 CMR 30.852, the licensee shall submit a modification request to the Department that: 1. Describes the exact change to be made to the license conditions and supporting documents referenced by the license;2. Identifies that the modification is a Class 2 modification;3. Explains why the modification is needed; and4. Provides the applicable information required by 310 CMR 30.801 through 30.804 or other information which is relevant to the modification request.(b) The licensee shall send a notice of the modification request to all persons on the facility mailing list and to the appropriate units of State and local government as specified in 310 CMR 30.833(4) and must publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within seven days before or after the date of submission of the modification request, and the licensee shall provide to the Department evidence of the mailing and publication. The notice shall include:1. Announcement of a 60-day comment period, in accordance with 310 CMR 30.852(3)(e), and the name and address of a Department contact to whom comment shall be sent;2. Announcement of the date, time, and place for a public meeting or, if the public meeting is held by alternative means, information regarding how to participate, on the modification request held in accordance with 310 CMR 30.852(4)(d);3. Name and telephone number of the licensee's contact person;4. Name and telephone number of the Department's contact person;5. Location where copies of the modification request and any supporting documents can be viewed and copied; and6. The following statement: "The licensee's compliance history during the life of the license being modified is available from the Department contact person."(c) The licensee shall submit two copies of the license modification request and supporting documents to the Department and to the regional office in which the facility is located to give the public opportunity to review the proposed modification.(d) The Department shall hold a public meeting no earlier than 15 days after the publication of the notice required in 310 CMR 30.852(4)(b) and no later than 15 days before the close of the 60-day comment period. The meeting shall be held to the extent practicable in the vicinity of the licensed facility or by alternative means including, but not limited to telephone, internet, satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow and participate in the proceedings of the public meeting while those activities are occurring.(e) The public shall be provided 60 days to comment on the modification request. The comment period will begin on the date the licensee publishes the notice in the local newspaper. Comments shall be submitted to the Department contact identified in the public notice.(f)1. No later than 120 days after receipt of the modification request, the Department shall: a. Approve the modification request, with or without changes, and modify the license accordingly;c. Determine that the modification request shall follow the procedures in 310 CMR 30.852(4) for Class 3 modifications for the following reasons:(i) There is significant public concern about the proposed modification; or (ii) The complex nature of the change requires the more extensive procedures of 310 CMR 30.852(4) for Class 3 modifications.2. In making a decision to approve or deny a modification request, including a decision to reclassify a modification as a Class 3, the Department shall consider all written comments submitted to the Department during the public comment period and shall respond in writing to all significant comments in its decision.3. With written consent of the licensee, the Department may extend indefinitely or for a specified period the time periods for final approval or denial of a modification request or for reclassifying a modification as a Class 3.(g) The Department may deny or change the terms of a Class 2 license modification request for the following reasons: 1. The modification request is incomplete;2. The requested modification does not comply with the appropriate requirements of 310 CMR 30.500 and 30.600 or other applicable requirements; or3. The reasons specified in 310 CMR 30.853(3)(f)1.(4)Class 3 modifications.(a) For Class 3 modifications listed in Table 310 CMR 30.852, the licensee shall submit a modification request to the Department that: 1. Describes the exact change to be made to the license conditions and supporting documents referenced by the license;2. Identifies that the modification is a Class 3 modification;3. Explains why the modification is needed; and4. Provides the applicable information required by 310 CMR 30.801 through 30.804 or other information which is relevant to the modification request.(b) The licensee shall send a notice of the modification request to all persons on the facility mailing list maintained by the Department and to the appropriate units of State and local government as specified in 310 CMR 30.833(4) and must publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within seven days before or after the date of submission of the modification request, and the licensee shall provide to the Department evidence of the mailing and publication. The notice shall include:1. Announcement of a 60-day comment period, in accordance with 310 CMR 30.853(4)(e), and the name and address of a Department contact to whom comment shall be sent;2. Announcement of the date, time, and place for a public meeting or, if the public meeting is held by alternative means, information regarding how to participate, on the modification request held in accordance with 310 CMR 30.852(4)(d);3. Name and telephone number of the licensee's contact person;4. Name and telephone number of the Department's contact person;5. Location where copies of the modification request and any supporting documents can be viewed and copied; and6. The following statement: "The licensee's compliance history during the life of the license being modified is available from the Department contact person."(c) The licensee shall submit two copies of the license modification request and supporting documents to the Department and to the regional office in which the facility is located to give the public opportunity to review the proposed modification.(d) The Department shall hold a public meeting no earlier than 15 days after the publication of the notice required in 310 CMR 30.852(4)(b) and no later than 15 days before the close of the 60-day comment period. The meeting shall be held to the extent practicable in the vicinity of the licensed facility or by alternative means including, but not limited to telephone, internet, satellite enabled audio or video conferencing or any other technology that enables the public to clearly fellow and participate in the proceedings of the public meeting while those activities are occurring.(e) The public shall be provided 60 days to comment on the modification request. The comment period will begin on the date the licensee publishes the notice in the local newspaper. Comments shall be submitted to the Department contact identified in the public notice.(f) After the conclusion of the comment period, the Department shall grant or deny the license modification request according to the license modification procedures of 310 CMR 30.830 through 30.840.(5)Other modifications.(a) In the case of modifications not explicitly listed in Table 310 CMR 30.852, the licensee shall request from the Department a determination of the appropriate class of the modification. The licensee shall provide the Department with the necessary information to support the classification decision.(b) The Department shall make the determination described in 310 CMR 30.852(5)(a) as promptly as practicable. In determining the appropriate class for a specific modification, the Department shall consider the similarity of the modification to other modifications codified in Table 310 CMR 30.852 and the following criteria: 1. Class 1 modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect public health, safety and welfare or the environment. In the case of Class 1 modifications, the Department may require prior approval.2. Class 2 modifications apply to changes that are necessary to enable a licensee to respond, in a timely manner to: a. Common variations in the types and quantities of the wastes managed pursuant to the facility license.b. Technological advancements, andc. Changes necessary to comply with new regulations, where these changes can be implemented without substantially changing design specifications or management practices in the license.3. Class 3 modifications substantially alter the facility or its operations.(6) Public notice and appeals of license modification decisions.(a) The Department shall notify persons on the facility mailing list and appropriate units of State and local government as specified in 310 CMR 30.833(4) within ten days of any decision pursuant to 310 CMR 30.852 to grant or deny a Class 2 or 3 license modification request.(b) The Department's decision to grant or deny a Class 2 or 3 license modification request pursuant to 310 CMR 30.852 may be appealed pursuant to 310 CMR 30.890.(7)Newly listed or identified wastes.(a) The licensee is authorized to continue to manage wastes listed or identified as hazardous pursuant to 310 CMR 30.100 if the licensee:1. Was in existence as a hazardous waste facility and managed the newly listed or characterized waste prior to and on the effective date of the final rule listing or identifying the waste;2. Submits a Class 1 modification request on or before the date on which the waste becomes subject to the new requirements;3. Is in compliance with the standards of 310 CMR 30.099(6);4. In the case of Class 2 and 3 modifications, also submits a complete license modification request within 180 days after the effective date of the rule listing or identifying the waste; and5. In the case of land disposal units, certifies that such unit is in compliance with all applicable 310 CMR 30.099(6) ground water monitoring and financial responsibility requirements on the date 12 months after the effective date of the rule identifying or listing the waste as hazardous. If the owner or operator fails to clarify compliance with these requirements, he or she shall lose authority to operate pursuant to 310 CMR 30.852.(b) New wastes or units added to a facility's license pursuant to 310 CMR 30.852(7) do not constitute expansions for the purpose of the 25% capacity expansion limit for Class 2 modifications.(8)License modification list. The Department shall maintain a list of all approved license modifications and shall publish a notice once a year in a State-wide newspaper stating that an updated list is available for review. 310 CMR 30.852: Classification of License Modifications
A. General License Provisions 1. Administrative or informational changes 12. Correction of typographical errors 13. Equipment replacement or upgrading with functionally equivalent components (e.g. pipes, valves, pumps, conveyors, controls) 114. Changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the licensee: a. To provide for more frequent monitoring, reporting, sampling, or maintenance 15. Schedule of compliance: a. Changes in interim compliance dates 11b. Extension of final compliance date 36. Changes in expiration date of permit to allow earlier license termination 11B. General Facility Standards 1. Changes to waste sampling or analysis methods:a. To conform with Department guidance or regulations 1b. To incorporate changes associated with F039 (multisource leachate) sampling or analysis 1c. To incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes 12. Changes to analytical quality assurance/control plan:a. To conform with Department guidance or regulations 13. Changes in procedures for maintaining the operating record 14. Changes in frequency or content of inspection schedules 25. Changes in the training plan: a. That affect the type or decrease the amount of training given to employees 26. Contingency plan: a. Changes in emergency procedures (i.e. spill or release response procedures) 2b. Replacement with functionally equivalent, upgrade, or relocate emergency equipment listed 11c. Removal of equipment from emergency equipment list 2d. Changes in name, address, or phone numbers of coordinators or other persons or agencies identified in the plan 1 Note: When a license modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change shall be reviewed under the same procedures as the license modification.
C. Ground Water Protection 1. Changes to wells: a. Changes in the number, location, depth or design of upgradient or downgradient wells of permitted ground-water monitoring system 2b. Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design or depth of the well 1 Table 310 CMR 30.852 - Classification of License Modifications (con't)
2. Changes in ground-water sampling or analysis procedures or monitoring schedule 113. Changes in statistical procedure for determining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred 114. Changes in point of compliance 25. Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs): a. As specified in the ground water protection standard 3b. As specified in the detection monitoring program 26. Compliance monitoring program: a. Addition of compliance monitoring program 3b. Changes to a compliance monitoring program, unless otherwise specified in Table 310 CMR 30.852 27. Corrective action program:a. Addition of a corrective action program 3b. Changes to a corrective action program, unless otherwise specified in Table 310 CMR 30.852 2D. Closure 1. Changes to the closure plan: a. Changes in estimate of maximum extent of operations or maximum inventory of waste on site at any time during the active life of the facility 11b. Changes in closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period 11c. Changes in the expected year of final closure, where other license conditions are not changed 11d. Changes in procedures for decontamination of facility equipment or structures 11e. Changes in approved closure plan resulting from unexpected events occurring during partial or final closure, unless otherwise specified in Table 310 CMR 30.852 22. Creation of a new landfill unit as part of a closure 33. Addition of the following new units to be used temporarily for closure activities:a. Surface impoundments 3c. Waste piles that do not comply with 310 CMR 30.640(4) 3d. Waste piles that comply with 310 CMR 30.640(4) 2e. Tanks or containers (other than specified below) 2f. Tanks used for neutralization, dewatering, phase separation, or component separation 11E. Post-Closure 1. Changes in name, address or phone number of contact in post-closure plan 12. Extension of post-closure care period 23. Reduction in the post-closure care period 34. Changes to the expected year of final closure, where other license conditions are not changed 15. Changes in post-closure plan necessitated by events occurring during the active life of the facility, including partial and final closure 2F. Containers 1. Modification or addition of container units:a. Resulting in greater than 25% increase in the facility's container storage capacity 3b. Resulting in up to 25% increase in the facility's container storage capacity 22.a. Modification of a container unit without increasing the capacity of the unit 2b. Addition of a roof to a container unit without alteration of the containment system 13. Storage of different wastes in containers:a. That require additional or different management practices from those authorized in the license 3b. That do not require additional or different management practices from those authorized in the license 2 Note: See 310 CMR 30.852(7) for modification procedures to be used for the management of newly listed or identified wastes.
4. Other changes in container management practices (e.g. aisle spaces; types of containers; segregation) 2G. Tanks 1.a. Modification or addition of tank units resulting in greater than a 25% increase in the facility's tank capacity, except as provided in Table 310 CMR 30.852G(1)(c) and G(1)(d) 3b. Modification or addition of tank units resulting in up to 25% increase in the facility's tank capacity, except as provided in Table 310 CMR 30.852 G(1)(d) 2c. Addition of a new tank that will operate for more than 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation or component separation 2d. Addition of a new tank that will operate up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation or component separation 112. Modification of a tank unit or secondary containment system without increasing the capacity of the unit 23. Replacement of a tank with a tank that meets the same design standards and has a capacity within +/- 10% of the replaced tank provided - the tank difference is no more than 1500 gallons
- the facility's licensed tank capacity is not increased, and
- the replacement tank meets the same conditions in the license 1
4. Modification of a tank management practice 25. Management of different wastes in tanks:a. That require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the license 3b. That do not require additional or different management practices tank design, different fire protection specifications or significantly different tank treatment process from that authorized in the license 2H. Land Disposal Facilities 1. The classification of modifications for surface impoundments, enclosed waste piles, landfills and unenclosed waste piles, and land treatment facilities at 40 CFR 270.42, Appendix I, sections H through K, exclusive of notes, is hereby incorporated by reference 3
Note: See 310 CMR 30.852(7) for modification procedures to be used for the management of newly listed or identified wastes.
1 Requires prior approval by the Department.
Amended by Mass Register Issue 1522, eff. 5/24/2024.