Methods of Identification of Hazardous Wastes

(1) The Department uses two methods to identify or otherwise describe which wastes are regulated as hazardous wastes. Based upon the general criteria specified in 310 CMR 30.110 through 30.112, these methods are: (a) Identification of the characteristics of hazardous waste; and/or (b) Listing of specific types or sources of hazardous waste and of acutely hazardous waste. (2) Accordingly, unless exempt pursuant to 310 CMR 30.104, a waste is a hazardous waste subject to 310 CMR 30.000 if: (a) The waste is listed in 310 CMR 30.130 through 30.136. (b) The waste, including a mixture of non-hazardous waste and one or more hazardous wastes, exhibits any of the characteristics of hazardous waste identified in 310 CMR 30.120 through 30.125. (c) The waste is a mixture of non-hazardous waste and one or more hazardous wastes listed in 310 CMR 30.130 through 30.136. However, the following mixtures are not hazardous wastes: 1. A mixture of non-hazardous waste and one or more hazardous wastes listed in 310 CMR 30.130 through 30.136 solely because the waste(s) exhibit(s) one or more characteristics of hazardous waste identified in 310 CMR 30.122 (ignitable), 30.123 (corrosive), or 30.124 (reactive) is not a hazardous waste when the resultant mixture no longer exhibits any such characteristic of hazardous waste. Any mixing process to render a waste non-hazardous is treatment of hazardous waste subject to the applicable requirements of 310 CMR 30.500 through 30.900. 2. A mixture of non-hazardous waste and one or more hazardous wastes listed in 310 CMR 30.130 through 30.136 which neither meets the description of a waste listed in 310 CMR 30.130 through 30.136 nor exhibits a characteristic identified in 310 CMR 30.120 through 30.125, provided the generator can persuade the Department that the mixture consists of: a. wastewater, the discharge of which is regulated under either § 402 or § 307(b) of the Clean Water Act or M.G.L. c. 21 § 43 (including wastewater at facilities which have eliminated the discharge of wastewater); and b. one of the wastestreams identified in and managed in compliance with 40 CFR 261.3(a)(2)(iv)(A) through (E), as in effect on July 1, 1999, and which is incorporated byreference in 310 CMR 30.102(2)(c)1.b. with the following additions, modifications and exceptions: (i) References to “§ 261.31” in 40 CFR 261.3(a)(2)(iv)(A) and (B) are hereby replaced with “310 CMR 30.131”. (ii) The reference to “§ 261.32” in 40 CFR 261.3(a)(2)(iv)(C) is hereby replaced with “310 CMR 30.132”. (iii) The reference to “§ 261.33” in 40 CFR 261.3(a)(2)(iv)(D) is hereby replaced with “310 CMR 30.133 or 310 CMR 30.136”. (iv) 40 CFR 261.3(a)(2)(iv)(D) is hereby modified to exclude the following phrase: “and rinstate[sic] from empty containers or from containers that are rendered empty by that rinsing;” and to insert an “and” before “discharges from safety showers…”. (v) The reference to “Subpart D of this part” is hereby replaced with “310 CMR 30.130 through 30.133”. (d) The waste is generated from the treatment, storage, disposal, or use of a hazardous waste, including any sludge, spill residue, ash emission control dust, and leachate.