reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.153 - Test for Corrosivity of Waste

Current through Register 1525, July 5, 2024
(1) pH shall be
				determined by a pH meter using either method 9040C in "Test Methods for
				Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication
SW-846
, as incorporated by reference at
				310
				CMR 30.012, or by an equivalent
				method.
(2) The rate of corrosion
				of steel shall be determined by Method 1110A in "Test Methods for Evaluating
				Solid Waste, Physical/Chemical Methods", EPA Publication
SW-846
, as incorporated by reference at
				310
				CMR 30.012, 3or by an equivalent
				method.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.155 - Toxicity Characteristic Leaching Procedure (TCLP)

Current through Register 1525, July 5, 2024
To determine whether a waste exhibits the characteristic of
				  toxicity, the following procedure shall be used: Toxicity Characteristic
				  Leaching Procedure, Method 1311, as specified in "Test Methods for Evaluating
				  Solid Waste, Physical/Chemical Methods," EPA Publication
SW-846
, as incorporated by reference in
				  310
				  CMR 30.012.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.156 - Paint Filter Liquids Test

Current through Register 1525, July 5, 2024
To determine the presence or absence of free liquids in
				  waste, the following procedure shall be used: Paint Filter Liquid Test, Method
				  9095B, as specified in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods." EPA Publication
SW-846
, as
				  incorporated by reference at
				  310
				  CMR 30.012.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.157 - Test Methods

Current through Register 1525, July 5, 2024
Appropriate analytical procedures to determine whether a
				  sample contains a given toxic constituent or a given physical characteristic
				  are specified in Chapter Two, "Choosing the Correct Procedure" found in "Test
				  Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication
SW-846
, as incorporated by reference in
				  310
				  CMR 30.012. Prior to final sampling and
				  analysis method selection, the individual should consult the specific section
				  or method described in
SW-846
for additional guidance on which
				  of the approved methods should be employed for a specific sample analysis
				  situation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.201 - Applicability

Current through Register 1525, July 5, 2024
(1)
									310
				CMR 30.201 through
				30.299, cited collectively as
				310
				CMR 30.200, are intended to protect public
				health, safety, and welfare, and the environment, by regulating the handling of
				waste oil, and of other materials which would be hazardous wastes if they were
				disposed of, or stored or treated prior to being disposed of.
				310
				CMR 30.200 applies to materials that would be
				hazardous wastes if disposed of, but are recycled in compliance with
				310
				CMR 30.200 instead of being disposed of.
				310
				CMR 30.200 does not apply to nonhazardous
				materials being recycled. Except as provided in
				310
				CMR 30.201,
				30.211, and
				30.250,
				310
				CMR 30.200 does not apply to the disposal of
				hazardous waste, or to the accumulation, storage, or treatment of hazardous
				waste prior to being disposed of (such activities are regulated elsewhere in
				310 CMR 30.000).
				310
				CMR 30.200 does not apply to inherently
				waste-like materials even when such materials are recycled.
(2)
									310
				CMR 30.200 is promulgated pursuant to the
				authority set forth in
				310
				CMR 30.001. With respect to recyclable
				material,
				310
				CMR 30.200 is also promulgated pursuant to
				the authority given by M.G.L. c. 21C, § 4 to waive regulation where there
				is no significant potential hazard to the public health, safety, or welfare, or
				the environment. If an action is taken with respect to recyclable material
				which is consistent with
				310
				CMR 30.200 but creates a significant
				potential hazard to public health, safety, or welfare, or the environment,
				310
				CMR 30.200 shall cease to be applicable to
				that action, and that action shall be subject to all other provisions of 310
				CMR 30.000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.202 - Other Applicable Provisions

Current through Register 1525, July 5, 2024
(1) Unless
				specifically exempted, all activities regulated by
				310
				CMR 30.200 shall also be subject to, and
				shall be done in compliance with,
				310
				CMR 30.001 through
				30.064,
				30.100 through
				30.199,
				30.303,
				30.351(1) and
				(2),
				30.353(1) and
				(2).
(2) Except as provided in
				310
				CMR 30.202(3)  and
				30.271(4),
				all materials that are subject to management in compliance with a recycling
				permit issued pursuant to
				310
				CMR 30.200 are subject to and shall be
				managed in compliance with,
				310
				CMR 30.001 through
				30.064,
				30.100 through
				30.199,
				30.200 [including, without
				limitation,
				310
				CMR 30.202(1)], 30.303, the
				conditions of the permit, and no other provisions of 310 CMR 30.000 not
				specifically stated as conditions. The Department may issue a permit pursuant
				to 310 CMR 30.200, and allow a
				permit issued pursuant to
				310
				CMR 30.200 to remain in effect, only to the
				extent, and only while, the Department is persuaded that such action would not
				lead to a significant potential hazard to public health, safety, or welfare, or
				the environment, or be in noncompliance with
				310
				CMR 30.200. In addition to any permit
				conditions required pursuant to
				310
				CMR 30.200, the Department may impose any
				other conditions that the Department determines may be appropriate to assure
				that the activity authorized by the Department does not and will not constitute
				a significant potential hazard to public health, safety, or welfare, or the
				environment.
(3) Notwithstanding
				the provisions of
				310
				CMR 30.202(2), if any
				material subject to management in compliance with a recycling permit issued
				pursuant to
				310
				CMR 30.200 is managed in a way that is not in
				compliance with
				310
				CMR 30.200 or any condition of the permit,
				the material is subject to all provisions of 310 CMR 30.000.
(4) Recyclable material managed in a
				Completely Enclosed Recycling System that is directly connected
via
pipes or the equivalent to an industrial production
				process is not subject to
				310
				CMR 30.200, or any other provision of 310 CMR
				30.000, provided that:
(a) only accumulation
				in tanks is involved, and the entire process through completion of reclamation
				is closed by means of being entirely connected with pipes or other comparable
				closed means of conveyance;
(b)
				reclamation does not involve controlled flame combustion (such as occurs in
				boilers, industrial furnaces, or incinerators);
(c) the secondary materials are never
				accumulated in such tanks for over 12 months without being reclaimed;
				and,
(d) the reclaimed material is
				not used to produce a fuel, or used to produce products that are used in a
				manner constituting disposal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.203 - Signatories

Current through Register 1525, July 5, 2024
All permit applications and all permits issued pursuant to
				  310
				  CMR 30.200 shall be signed as follows:
(1) If the applicant is a corporation, by an
				individual who is a responsible corporate officer of the corporation and who is
				authorized by the corporation, in accordance with corporate procedures, to sign
				such documents on behalf of the corporation. As used in
				310
				CMR 30.203, "responsible corporate officer"
				shall mean a president, secretary, treasurer, or vice-president of the
				corporation in charge of a principal business function, or any other individual
				who performs for the corporation policy-making or decision-making functions
				similar to those performed by a president, secretary, treasurer, or
				vice-president.
(2) If the
				applicant is a partnership, by a general partner.
(3) If the applicant is a sole
				proprietorship, by the proprietor.
(4) If the applicant is a municipality or
				public agency, by a principal executive officer or ranking elected official who
				is empowered to enter into contracts on behalf of the municipality or public
				agency.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.204 - Requirements for All Applications for Recycling Permits

Current through Register 1525, July 5, 2024
All applications for recycling permits pursuant to
				  310
				  CMR 30.200 shall include at least the
				  following:
(1) The name, address, and
				EPA identification number, as required by
				310
				CMR 30.061, or state designated
				identification number, if applicable, of the applicant.
(2) The name and telephone number of an
				individual responsible for supervising the permitted activity.
(3) A description of the material to be
				recycled, including waste code.
(4)
				A description of the recycling activity, including the estimated quantity to be
				recycled annually.
(5) A
				description of the management and other procedures to be used to prevent
				speculative accumulation.
(6) If
				the material is to be stored prior to recycling, a complete description of the
				storage facility.
(7) A signature
				pursuant to
				310
				CMR 30.203, certified pursuant to
				310
				CMR 30.009.
(8) Such other information as the Department
				may require to determine that the proposed activity will be in compliance with
				310
				CMR 30.200 and will not constitute a
				significant potential hazard to the public health, safety, or welfare, or the
				environment.
(9) If the applicant
				generates the material to be recycled, a statement that the applicant has
				evaluated whether there are opportunities to reduce or prevent the generation
				of the material to be recycled. In addition, a statement that the applicant has
				read and followed the guidance pertaining to toxics use reduction provided with
				the Department application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.205 - General Conditions for All Recycling Permits

Current through Register 1525, July 5, 2024
The following conditions shall apply to all permits issued
				  pursuant to
				  310
				  CMR 30.200, regardless of whether or not such
				  conditions are written into the permit. Failure to comply shall be grounds for
				  an enforcement action including, without limitation, permit suspension or
				  revocation.
(1)
Duty to
				Comply
. The permittee shall comply at all times with the terms and
				conditions of the permit, 310 CMR 30.000, M.G.L. c. 21C, and all other
				applicable State and Federal statutes and regulations.
(2)
Duty to
				Maintain
. The permittee shall always properly operate and maintain
				all facilities, equipment, control systems, and vehicles which the permittee
				installs or uses.
(3)
Duty to Halt or Reduce Activity
. The permittee shall
				halt or reduce activity whenever necessary to maintain compliance with
				310
				CMR 30.200 or the permit conditions, or to
				prevent an actual or potential threat to public health, safety, or welfare, or
				the environment.
(4)
Duty to Mitigate
. The permittee shall remedy and shall
				act to prevent all potential and actual adverse impacts to persons and the
				environment resulting from noncompliance with the terms and conditions of the
				permit. The permittee shall repair at his own expense all damages caused by
				such noncompliance.
(5)
Duty to Provide Information
. The permittee shall
				provide the Department, within a reasonable time, any information which the
				Department may request and which is deemed by the Department to be relevant in
				determining whether a cause exists to modify, revoke, or suspend a permit, or
				to determine whether the permittee is complying with the terms and conditions
				of the permit.
(6)
Entries and Inspections
. The permittee shall allow
				personnel or other authorized agents of the Department or authorized EPA
				representatives, upon presentation of credentials or other documents as may be
				required by law, to:
(a) Enter at all
				reasonable times any premises, public or private, for the purposes of
				investigating, sampling or inspecting any records, condition, equipment,
				practice, or property relating to activities subject to M.G.L. c. 21C, or RCRA;
				and
(b) Enter at any time such
				premises for the purpose of protecting the public health, safety or welfare, or
				the environment; and
(c) Have
				access to and copy at all reasonable times all records that are required to be
				kept pursuant to the conditions of the permit, and all other records relevant
				to the permittee's hazardous waste activity or to the permittee's activity
				involving regulated recyclable material.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.206 - Additional General Permit Conditions for Recyclers Who Receive Regulated Recyclable Materials from Off-site

Current through Register 1525, July 5, 2024
The following additional conditions shall apply to each
				  permit issued pursuant to
				  310
				  CMR 30.200 for recyclers who receive
				  regulated recyclable materials from off-site, regardless of whether or not such
				  conditions are written into the permit. Failure to comply shall be grounds for
				  an enforcement action including, without limitation, permit suspension or
				  revocation.
(1)
Security
. The design and operation of the recycling
				facility shall be in compliance with the requirements set forth in
				310
				CMR 30.514 or with general security standards
				of equivalent stringency.
(2)
Inspections
. The permittee shall inspect the recycling
				facility and remedy malfunctions in compliance with requirements set forth in
				310
				CMR 30.515(1)(a) and
				(b).
(3)
Wastewater Treatment
				Units
. If a wastewater treatment unit is part of the recycling
				activity for which the permit is issued, such wastewater treatment unit shall
				be in compliance with the requirements set forth or referred to in
				310
				CMR 30.605.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.210 - General Provisions for Classifying and Handling Waste Oil and Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
310 CMR 30.210 through
				  30.219, cited collectively as
				  310
				  CMR 30.210, set forth the various
				  classifications of waste oil and of regulated recyclable materials, and set
				  forth general requirements for the handling of regulated recyclable
				  materials.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.211 - Handling Regulated Recyclable Material

Current through Register 1525, July 5, 2024
Regulated recyclable materials that are recycled and
				  otherwise handled in compliance with
				  310
				  CMR 30.200 and the conditions of the relevant
				  recycling permit are subject to
				  310
				  CMR 30.200 and the conditions of the relevant
				  recycling permit, and are not subject to any other requirements. Regulated
				  recyclable materials that are not recycled or otherwise handled in compliance
				  with 310 CMR 30.200 and the
				  conditions of the relevant recycling permit:
(1) are hazardous wastes; and
(2) shall not be subject to any provisions of
				310
				CMR 30.200, except for
				310
				CMR 30.201,
				30.211,
				30.221,
				30.231,
				30.241,
				30.251,
				30.261,
				30.271 and
				30.291; and
(3) shall be accumulated, collected,
				transported, stored, treated, and disposed of in compliance with all the
				requirements of 310 CMR 30.000, other than
				310
				CMR 30.200.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.212 - Class A Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
Class A regulated recyclable materials are those regulated
				  recyclable materials that, because of some inherent property of the materials,
				  or because of some inherent property of the recycling process, or because the
				  conditions of the recycling are such as to motivate the recycler to manage the
				  recycling with minimum hazard to public health, safety, and welfare, and the
				  environment, have been determined by the Department to require a degree of
				  regulation sufficiently stringent to protect public health, safety, and
				  welfare, and the environment, from any significant potential hazard, but not so
				  stringent as to discourage the recycling of these materials as a socially and
				  environmentally desirable alternative to disposal. The following are Class A
				  recyclable materials:
(1) Those
				regulated recyclable materials that are neither used in a manner constituting
				disposal nor burned for energy recovery nor accumulated speculatively and are
				either:
(a) used or reused as ingredients in
				an industrial process to make a product, provided that the materials are not
				being reclaimed; or
(b) used or
				reused as substitutes for commercial products; or
(c) generated onsite, removed from the
				original production process, and returned as substitutes for feedstock in the
				original production process without being reclaimed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.213 - Class B Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
Class B regulated recyclable materials are those regulated
				  recyclable materials which have been determined by the Department to require
				  some specific management practices in order to be recycled or otherwise managed
				  without constituting a significant potential hazard to the public health,
				  safety, or welfare, or the environment. The following are Class B regulated
				  recyclable materials:
(1) Class B(1) -
				regulated recyclable materials that are not intended to be, and are not, used
				for the production of heat or power by burning, and that are intended to be, or
				that are, used in a manner constituting disposal.
See
310 CMR 30.010:
Definitions
.
(2)
				Class B(2) - hazardous waste fuels that are intended to be, and that are, used
				for the production of heat or power by burning.
(3) Class B(3) - used oil fuels that are
				intended to be, and that are, used for the production of heat or power by
				burning.
(4) Class B(4) - spent
				materials and hazardous wastes that are listed in
				310 CMR
				30.131 or
				310 CMR
				30.132 or that are characteristic for D011
				pursuant to
				310 CMR
				30.125(2):
Table
				1
, and that have an economically recoverable quantity of precious
				metals, except that a silver recovery cartridge that has been utilized for
				wastewater treatment destined for reclamation of its silver content, can be
				managed as a Class A regulated recyclable material.
See
310 CMR
				30.212(5)  - sludge having
				the characteristics of a hazardous waste when being reclaimed. In order to be
				managed as a Class A regulated recyclable material, silver recovery cartridges
				sent for reclamation shall be shipped directly to a reclaimer or to a hazardous
				waste facility with authority in its license to accept, for consolidation and
				shipment to a reclaimer, silver recovery cartridges destined for reclamation.
				For purposes of implementing 310 CMR 30.000, quantities of precious metals are
				"economically recoverable" only if the person generating the material
				containing the precious metals can obtain greater economic benefit by
				recovering the precious metals than by causing the material to be handled in
				any other way.
(5) Class B(5) -
				spent lead-acid batteries that are intended to be, and that are, reclaimed for
				recovery of lead.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.214 - Class C Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
Class C regulated recyclable materials are those regulated
				  recyclable materials which are neither Class A nor Class B. 310 CMR 30.214:
Table 1
sets forth some specific examples of Class C regulated
				  recyclable materials.
Table 1 - Examples of Class
				  Designations
Type of material being recycled
What happens to the material burned or used in a
								manner constituting disposal
Reclaimed
Spent material
B
C(1)(2)(3)
Sludge listed in
								310 CMR
								30.131 or
310 CMR
								30.132
B
C(2)
Sludge which is hazardous pursuant to
								310 CMR
								30.120 through
								30.125
B
A
By-product listed in
								310 CMR
								30.131 or
								310 CMR
								30.132
B
C(1)(2)
By-product which is hazardous pursuant to
								310 CMR
								30.120 through
								30.125
B
A
Commercial chemical product listed in
								310
								CMR 30.133 or
								310 CMR
								30.136
B
A
Scrap metal
A
A(4)
Notes
:
(1) Except that industrial ethyl alcohol is
				Class A unless provided otherwise by
				40 CFR
				261.6(a)(3)(i) as adopted
				and amended at
				310 CMR
				30.212(2).
(2) Except that materials with precious metal
				are Class B.
(3) Except that
				lead-acid batteries sent for reclamation are Class B
(4) Except that certain scrap metal is
				excluded pursuant to
				310 CMR
				30.202(5).
(1) Except that industrial ethyl alcohol is Class A, unless
					 provided otherwise by
					 40 CFR
					 261.6(a)(3)(i) as adopted
					 and amended at
					 310 CMR
					 30.212(2).
(2) Except that materials with precious metal are Class
					 B.
(3) Except that lead-acid batteries sent for reclamation
					 are Class B
(4) Except that certain scrap metal is excluded pursuant to
					 310 CMR
					 30.202(5).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.215 - Distinguishing Waste Oil that is Used Oil Fuel from Waste Oil that is not Used Oil Fuel

Current through Register 1525, July 5, 2024
(1) Any batch or lot
				of waste oil that is not used oil fuel is either hazardous waste fuel, used
				waste oil, or unused waste oil. Unless and until the Department is persuaded
				otherwise pursuant to the application and permitting requirements set forth in
				310 CMR
				30.250, a batch or lot of waste oil shall be
				presumed to be mixed with hazardous waste, and therefore not used oil fuel, if:
(a) The waste oil is "transformer oil",
i.e.
oil that has been used in a transformer, capacitor,
				switch, or other electrical device for insulation or heat transfer purposes.
				Transformer oil shall be presumed to be mixed with PCBs in concentrations equal
				to or exceeding 50 parts per million unless and until the Department is
				persuaded otherwise pursuant to the application and permitting requirements set
				forth in
				310 CMR
				30.250.
(b) The waste oil contains 1,000 or more
				parts per million of total halogens, in which case the waste oil shall be
				presumed to be a mixture of oil and halogenated hazardous wastes unless and
				until the Department is persuaded, pursuant to the application and permitting
				requirements set forth in
				310 CMR
				30.250, that the waste oil contains no
				halogenated constituent listed in
				310 CMR
				30.160 in a significant
				amount.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.216 - Distinguishing Specification Used Oil Fuel from Off-specification Used Oil Fuel

Current through Register 1525, July 5, 2024
Any waste oil, and any mixture of waste oil with any other
				  material, that is used oil fuel is either specification used oil fuel or
				  off-specification used oil fuel. If used oil fuel does not exceed the allowable
				  level of any constituent or property as set forth in 310 CMR 30.216:
Table 1
, such used oil fuel is specification used oil fuel. If
				  used oil fuel does exceed the allowable level of any constituent or property as
				  set forth in 310 CMR 30.216:
Table 1
, such used oil fuel is
				  off-specification used oil fuel.
Table 1.
Constituent or Property
Allowable Level
Arsenic
5 ppm maximum
Cadmium
2 ppm maximum
Chromium
10 ppm maximum
Lead
100 ppm maximum
Flash point
100°F minimum
Total Halogens
4,000 ppm maximum *
[* see also
				  310
				  CMR 30.215(1)(b)
				  ]
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.220 - Requirements Governing Class A Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
310 CMR 30.220 through 30.229, cited collectively as 310 CMR
				  30.220, sets forth: standards for handling Class A regulated recyclable
				  materials; the procedures for obtaining a permit to recycle Class A regulated
				  recyclable materials and the conditions for such permits; as well as the
				  performance standards for certain categories of Class A materials for which a
				  permit is not required.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.221 - General Provisions

Current through Register 1525, July 5, 2024
(1) No person shall
				recycle Class A regulated recyclable material except in compliance with
				310 CMR
				30.200.
(2)310 CMR 30.221:
Table 1
identifies the permit and approval categories for Class A Regulated Recyclable
				Materials.
(3) Recycling of Class A
				regulated recyclable material shall be done in compliance with the applicable
				permitting requirements of
				310
				CMR 30.220 or, for those activities
				specifically excluded from permitting in 310 CMR 30.221(3)(a), the performance
				standards described at
				310 CMR
				30.222.
(a)
				Class A recycling activities for which a recycling permit need not be obtained
				are as follows:
1. The recycling of Class A
				regulated recyclable materials at the site of generation;
2. The shipment off the site of generation
				for recycling within any calendar month of 200 kilograms or less of Class A
				regulated recyclable materials by a Very Small Quantity Generator of regulated
				recyclable material, excluding acutely hazardous regulated recyclable material,
				provided that material is managed in compliance with the requirements described
				at
				310 CMR
				30.222(4)(b);
3. The onsite recovery of silver from
				wastewater at the site of generation, provided such recycling is done in
				compliance with the Environmental Results Program regulations,
				310 CMR 71.00; and
4. The shipment off the site of generation of
				specification used oil fuel (MA97) with a transporter/marketer authorized
				pursuant to
				310 CMR
				30.255.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.222 - Generator Standards

Current through Register 1525, July 5, 2024
(1) Except as
				otherwise specifically provided in 310 CMR 30.222 and
				310 CMR
				30.353 a generator of Class A regulated
				recyclable material may sell or otherwise transfer such material, or contract
				to sell or otherwise transfer such material, or cause or allow such material to
				be transported off the site of generation, directly to either
(a) a facility described in
				310
				CMR 30.305;
(b) a facility that has a Class A permit
				pursuant to
				310
				CMR 30.220; or
(c) a facility outside of Massachusetts that
				is properly authorized under that state's applicable authority and is
				identified in the generator's Class A recycling permit to receive Class A
				regulated recyclable material from that generator pursuant to
				310 CMR
				30.224(1)(c).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.223 - Transport and Manifest Standards

Current through Register 1525, July 5, 2024
[
Note
: A transporter of Class A
				  Regulated Recyclable Material (RRM), including specification used oil fuel, is
				  required to comply with all US DOT regulations applicable to the shipment of
				  hazardous materials.]
(1) A transporter
				of specification used oil fuel shall be licensed to transport hazardous waste
				pursuant to 310 CMR 30.000
(2) A
				transporter of any Class A regulated recyclable material other than
				specification used oil fuel shall be either:
(a) licensed to transport hazardous waste
				pursuant to 310 CMR 30.000, or
(b)
				a person who
1. transports Class A regulated
				recyclable material in full compliance with all applicable State and Federal
				regulations including, but not limited to, M.G.L. c. 159B, and
2. transports, from or to any point in
				Massachusetts, no hazardous waste, and no regulated recyclable material other
				than Class A regulated recyclable material.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.224 - Applications for Class A Permits

Current through Register 1525, July 5, 2024
(1) Generators
				and recyclers of Class A regulated recyclable material, other than those exempt
				from permit requirements pursuant to
				310 CMR
				30.221(3)(a), shall
				determine their appropriate permit category according to
				310 CMR
				30.221:
Table 1
and submit a
				permit application for that category on a form prescribed by the Department. In
				addition to what is set forth
				310 CMR
				30.204, the application shall include:
(a) for a generator intending to send
				materials off the site of generation, the names, addresses, and EPA
				identification numbers of the recycler(s) to whom the materials are to be
				sent.
(b) for a recycler intending
				to receive materials from off the site of recycling, the names, addresses, and
				EPA identification numbers of the generator(s) located outside of Massachusetts
				from whom the materials are to be received.
(c) for a generator intending to send
				materials outside of Massachusetts, a statement from those persons outside of
				Massachusetts who are referred to in the application, certified pursuant to
				310 CMR 30.009,
				that:
1. the information contained in the
				application is correct and accurate, and
2. the activity they intend to engage in is
				in compliance with applicable State and Federal laws and regulations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.225 - Conditions for Class A Recycling Permits

Current through Register 1525, July 5, 2024
In addition to conditions imposed pursuant to
				  310 CMR
				  30.202(2), the conditions
				  set forth in
				  310 CMR
				  30.205 and
				  30.206,
				  and the provisions set forth in
				  310 CMR 30.221
				  and
				  310 CMR
				  30.222 and
				  30.250,
				  the following conditions shall apply to each Class A recycling permit,
				  regardless of whether or not such conditions are written into the
				  permit.
(1) The permittee shall
				immediately notify the Department of any change in the characteristics,
				composition, or source of any Class A regulated recyclable material that would
				require that said material be managed differently, that the conditions of the
				permit be changed, or that the permit be suspended or revoked.
(2) If the permittee is a generator who is a
				"marketer" [that term is defined in
				310 CMR
				30.255(1) ] of specification
				used oil fuel by selling or otherwise transferring such fuel, or offering to
				sell or otherwise transfer such fuel, to other persons who burn that fuel, or
				who intend or plan to burn that fuel, for energy recovery, the permittee shall
				determine that the used oil fuel is specification used oil fuel by causing
				samples of such fuel to be analyzed only by laboratories meeting standards of
				quality control and quality assurance acceptable to the Department.
(3) If the permittee is authorized to burn
				specification used oil fuel, the permittee shall not mix such used oil fuel
				with any off-specification used oil fuel, with any waste oil, with any
				hazardous waste fuel, or with unused fuel oil unless such mixing is incidental
				to the filling or emptying of a tank or container.
(4) If the permittee is authorized to burn
				specification used oil fuel, the permittee shall not receive from off the site
				of generation, and shall not contract to receive from off the site of
				generation, any off-specification used oil fuel, any waste oil, or any
				hazardous waste fuel. If the permittee receives or otherwise comes to possess
				any off-specification used oil fuel not generated at the site of burning, any
				waste oil not generated at the site of burning, or any hazardous waste fuel not
				generated at the site of burning, the permittee shall immediately so notify the
				Department and shall manage such material as hazardous waste in compliance with
				all applicable provisions of 310 CMR 30.000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.230 - Requirements Governing Class B(1) Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
310 CMR 30.230 through 30.239, cited collectively as 310 CMR
				  30.230, set forth standards for the handling of Class B(1) regulated recyclable
				  materials, describe procedures for obtaining a permit to recycle Class B(1)
				  regulated recyclable materials, and set forth the basic and optional conditions
				  that may be imposed in such permits.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.231 - General Provisions

Current through Register 1525, July 5, 2024
(1) Except for those
				regulated recyclable materials described in 310 CMR 30.231(2), all regulated
				recyclable materials used in a manner constituting disposal
(a) shall not be subject to any provisions of
				310 CMR 30.200 other than 30.201, 30.211, and 30.231(1), and
(b) shall be recycled and otherwise handled
				in full compliance with all applicable provisions of 310 CMR 30.000 other than
				310 CMR 30.200.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.232 - Class B(1) Permits and Permit Applications

Current through Register 1525, July 5, 2024
(1) Any person wishing to recycle Class B(1)
				regulated recyclable material in compliance with a Class B(1) permit shall
				apply to the Department for a Class B(1) permit to do so. The application shall
				be on a form acceptable to the Department. In addition to what is set forth in
				310 CMR
				30.204, the application shall include:
(a) The names, addresses, and EPA
				identification numbers of all generators generating the material to be
				recycled, and
(b) The location of
				the recycling, if it is not the given address of the recycler, and
(c) A complete description of the material to
				be recycled, including any hazardous constituent listed in
				310 CMR
				30.160 present in a concentration greater
				than 1.0 mg/kg (dry weight) and not ordinarily present in the material when in
				commercial distribution, and
(d) A
				complete description of the proposed method of use, specifically including,
				without limitation, any departures from the ordinary method of use or the
				method approved by the manufacturer, and
(e) A complete description of all sensitive
				receptors and environmentally sensitive activities at or near the site of use,
				including, without limitation residences, schools, and drinking water
				supplies.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.240 - Requirements Governing Class B(2) Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
310 CMR 30.240 through 30.249, cited collectively as 310 CMR
				  30.240, set forth standards for the handling of Class B(2) regulated recyclable
				  materials, describe procedures for obtaining a permit to recycle Class B(2)
				  regulated recyclable materials, and set forth the basic and optional conditions
				  that may be imposed in such permits.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.241 - General Provisions

Current through Register 1525, July 5, 2024
(1) No person shall
				recycle any Class B(2) regulated recyclable material, or engage in any other
				activity involving Class B(2) regulated recyclable material if a Class B(2)
				permit is required for that activity, unless either
(a) that person has applied for and obtained
				a Class B(2) permit, said permit is in effect when the recycling or other
				activity is being done, and said permit authorizes the recycling or other
				activity being done, or
(b) the
				Class B(2) regulated recyclable material is recycled or otherwise handled in
				compliance with all provisions of 310 CMR 30.000 other than 310 CMR
				30.200.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.242 - Generator Standards

Current through Register 1525, July 5, 2024
(1) Each person who
				generates hazardous waste fuel, regardless of what else he does or wishes to do
				with that material, shall handle such material in compliance with all
				applicable provisions set forth in 310 CMR 30.000 for the generation of
				hazardous waste. Without limiting the generality of the foregoing,
(a) such material shall be accompanied by a
				manifest filled out, signed, and distributed in compliance with all provisions
				of 310 CMR 30.000 governing the filling out, signing, and distribution of
				copies of manifests; and
(b) a
				generator of such material may sell or otherwise transfer custody or possession
				of such material only to a transporter in compliance with
				310 CMR
				30.304; and
(c) a generator of such material may sell or
				otherwise transfer such material, or contract to sell or otherwise transfer
				such material, or cause or allow such material to be transported off the site
				of generation, only to a facility described in
				310
				CMR 30.305.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.243 - Transport and Manifest Standards

Current through Register 1525, July 5, 2024
Each transporter of hazardous waste fuel shall handle such
				  material in compliance with all applicable provisions set forth in 310 CMR
				  30.000 for the transport of hazardous waste. Without limiting the generality of
				  the foregoing,
(1) such material
				shall be accompanied by a manifest filled out, signed, and distributed in
				compliance with all provisions of 310 CMR 30.000 governing the filling out,
				signing, and distribution of copies of manifests; and
(2) a transporter of such material may cause
				or allow such material to be transported off the site of generation only to a
				person described in
				310 CMR
				30.404.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.244 - "Marketer" Standards

Current through Register 1525, July 5, 2024
(1) As used in
				310
				CMR 30.240, the term "marketer" means a
				person who intends to or does sell or otherwise transfer, or offer to sell or
				otherwise transfer, a hazardous waste fuel to another person who wishes to or
				does burn it. The term "marketer" does not include a person who transfers
				hazardous waste to another person for conversion by that other person to a
				hazardous waste fuel by blending or other treatment if the person doing the
				blending or other treatment does not wish to, and does not, burn the hazardous
				waste fuel.
(2) In addition to
				complying with all other applicable requirements, each "marketer" of hazardous
				waste fuel shall:
(a) comply with
				310 CMR 30.001 through
				30.059 and all applicable provisions of 310 CMR 30.100 through 30.199,
				and
(b) notify the EPA and the
				Department of his hazardous waste fuel activity pursuant to 310 CMR 30.060
				through
				30.064
				before engaging in such activity, or constructing or operating any site or
				works for engaging in such activity, and
(c) before sending the first shipment of
				hazardous waste fuel to a person who wishes to or does burn it, receive from
				said person a certification that said person
1. has notified the EPA and the Department of
				his hazardous waste fuel activity pursuant to 310 CMR 30.060 through
				30.064
				and
2. has a currently valid
				license or permit for that activity, and
(d) in addition to complying with all other
				applicable record-keeping requirements, keep a copy of each certification of
				hazardous waste fuel activity that he sends or receives.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.245 - Permits and Permit Applications for Those Who are "Marketers" of Hazardous Waste Fuel

Current through Register 1525, July 5, 2024
(1) Any generator
				described in
				310 CMR 30.244(4)
				 who wishes to be a "marketer" of hazardous
				waste fuel in compliance with a Class B(2) permit shall apply to the Department
				for a Class B(2) permit to do so. The application shall be on a form acceptable
				to the Department. In addition to what is set forth in
				310 CMR
				30.204, the application shall include:
(a) The names, addresses, and EPA
				identification numbers of the persons to whom the hazardous waste fuel is to be
				sold or otherwise transferred, or offered for sale or other transfer.
(b) Copies of the certifications required
				pursuant to
				310 CMR
				30.246(2)(c).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.246 - Standards for Persons Who Burn Hazardous Waste Fuels

Current through Register 1525, July 5, 2024
(1) The burning of hazardous waste fuel is
				prohibited except in
(a) an industrial and
				utility boiler or an industrial furnace permitted or licensed by the Department
				for that burning, or
(b) a
				hazardous waste incinerator licensed pursuant to
				310 CMR
				7.00 and 30.000, or
(c) a cement kiln located within the
				boundaries of a municipality with a population less than 500, 000 (based on the
				most recent census statistics) if such cement kiln is in full compliance with
				all requirements of 310 CMR 30.000 and
				7.00 applicable to hazardous
				waste incinerators.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.247 - Permits and Permit Applications for Those Who Burn Hazardous Waste Fuel at the Site of Generation

Current through Register 1525, July 5, 2024
(1) Any generator
				described in
				310 CMR
				30.246(4)  who wishes to
				burn hazardous waste fuel at the site of generation in compliance with a Class
				B(2) permit shall apply to the Department for a Class B(2) permit to do so. The
				application shall be on a form acceptable to the Department. In addition to
				what is set forth in
				310 CMR
				30.204, the application shall include:
(a) a complete description of:
1. the hazardous waste fuel to be burned,
				and
2. how the fuel will be blended
				or otherwise treated, and
3. with
				what the fuel will be blended. (Note that after hazardous waste fuel is
				blended, the mixture is hazardous waste fuel.)
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.248 - Standards for Other Persons Who Handle Hazardous Waste Fuel

Current through Register 1525, July 5, 2024
Each person who is not a "marketer" of hazardous waste fuel
				  and who handles hazardous waste fuel he does not generate by doing something
				  with it other than transporting it or burning it shall handle such material
				  only at a facility that is either
(1)
				licensed pursuant to
				310 CMR
				30.800 and in compliance with all applicable
				provisions of 310 CMR 30.500 through
				30.900,
				or
(2) a facility having interim
				status pursuant to RCRA.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.250 - Requirements Governing Waste Oil and Used Oil Fuel

Current through Register 1525, July 5, 2024
310 CMR 30.250 through 30.269, cited collectively as 310 CMR
				  30.250, set forth standards for the handling of used waste oil, of unused waste
				  oil, and of Class B(3) regulated recyclable materials, describe procedures for
				  obtaining a permit to recycle Class B(3) regulated recyclable materials, and
				  set forth the basic and optional conditions that may be imposed in such
				  permits.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.251 - General Provisions Governing Class B(3) Regulated Recyclable Materials

Current through Register 1525, July 5, 2024
(1) No person shall engage in any activity
				involving Class B(3) regulated recyclable material if a Class B(3) permit is
				required for that activity unless either
(a)
				that person has applied for and obtained a Class B(3) permit, said permit is in
				effect when the activity is being done, and said permit authorizes the activity
				being done, or
(b) the Class B(3)
				regulated recyclable material is recycled or otherwise handled in compliance
				with all provisions of 310 CMR 30.000 other than
				310 CMR
				30.200.