Section 40.0352 - Reportable Quantities for Hazardous Material(1)Listed Hazardous Material: (a) Reportable Quantities for listed hazardous material appear at 310 CMR 40.1600; and(b) the applicable Reportable Quantity for a hazardous material that is listed at 310 CMR 40.1600 and that also exhibits one or more of the characteristics described at 310 CMR 40.0347(1) through (5) shall be the Reportable Quantity listed at 310 CMR 40.1600 for that particular hazardous material.(2)Unlisted Hazardous Materials Identified by Characteristic. The Reportable Quantity for hazardous materials that are not listed at 310 CMR 40.1600 but that exhibit one or more of the characteristics of ignitability, corrosivity or reactivity described at 310 CMR 40.0347(1) through 40.0347(3) or that are infectious materials as described in 310 CMR 40.0347(5) is ten pounds.(3)Unlisted Hazardous Materials which are Hazardous Material Because They Exhibit the Characteristic of Toxicity:(a) The Reportable Quantity for unlisted hazardous materials that exhibit the characteristic of toxicity under the provisions of 310 CMR 30.125: Toxicity Characteristic (TC) shall be the Reportable Quantity listed at 310 CMR 40.1600 for the hazardous material on which the characteristic of toxicity is based. The Reportable Quantity applies to the entire amount of the unlisted hazardous material and not merely to the listed component hazardous material. If an unlisted hazardous material exhibits the characteristic of toxicity on the basis of more than one of its component hazardous materials, the Reportable Quantity for the entire amount of the unlisted hazardous material shall be the Reportable Quantity for that component hazardous material which has the lowest Reportable Quantity in 310 CMR 40.1600.(b) If an unlisted hazardous material exhibits the characteristic of toxicity, as described in 310 CMR 30.125B, and one or more of the other characteristics described in 310 CMR 40.0347(1) through (3), or in 310 CMR 40.0347(5), the Reportable Quantity for the entire amount of the unlisted hazardous material shall be the lowest of the applicable Reportable Quantities.(4)Mixtures or solutions:(a) When a mixture or solution contains one or more component materials that are hazardous materials which appear at 310 CMR 40.1600 or that exhibit one or more of the characteristics of ignitability, corrosivity, or reactivity described at 310 40.0347(1) through (3), releases or threats of release to the environment of the mixture shall be reported to the Department under 310 CMR 40.0311 through 40.0312, when any of the following conditions exist:1. the concentrations of the component hazardous materials are known and the quantity of any of the component hazardous materials released or threatening to be released is equal to or greater than the Reportable Quantities for those component hazardous materials;2. the mixture or solution contains at least two component hazardous materials, the concentrations of the component hazardous materials are known and the quantity of any of the component hazardous materials released or threatened to be released does not exceed their respective Reportable Quantity but the total quantity of the hazardous material in the mixture or solution released or threatened to be released is equal to or greater than 50 pounds; or3. the concentrations of the component hazardous materials are not known, and the total quantity of the mixture or solution released or threatened to be released is equal to or greater than the Reportable Quantity for that component hazardous material which has the lowest Reportable Quantity in 310 CMR 40.1600.(b) The Reportable Quantity for mixtures which are hazardous material because they exhibit the characteristic of toxicity, as described in 310 CMR 30.125: Toxicity Characteristic (TC), shall be determined according to 310 CMR 40.0352(3).(c) The Reportable Quantity provisions of 310 CMR 40.0352(4) do not apply to soils, sediments, residuals, surface waters and groundwaters that are being managed otherwise in compliance with all federal, state and local laws, regulations, and ordinances.(5)Materials Containing Polychlorinated Biphenyls:(a) Releases or threats of release to the environment of materials that contain polychlorinated biphenyls shall be reported to the Department pursuant to 310 CMR 40.0300, if: 1. the concentration of polychlorinated biphenyls in a material is either unknown or known to be less than 500 ppm, and the release or threat of release of such material is equal to or greater than ten gallons; or2. the concentration of polychlorinated biphenyls in a material is known or likely to be equal to or greater than 500 ppm, and the release or threat of release of such material is equal to or greater than one gallon.(b) The Reportable Quantity provisions of 310 CMR 40.0352(5) do not apply to soils, sediments, residuals, surface waters and groundwaters that are being managed otherwise in compliance with all federal, state and local laws, regulations, and ordinances.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.Amended by Mass Register Issue 1519, eff. 4/12/2024.