Criteria for Listing Hazardous Waste

(1) The Department shall list a waste as a hazardous waste within 310 CMR 30.100 only upon determining that the waste meets one of the following criteria: (a) It exhibits any of the characteristics of hazardous waste identified in 310 CMR 30.120 through 30.125; (b) It satisfies the criteria of 40 CFR 261.11(a)(2) (criteria used to designate Acutely Hazardous Waste) which are hereby incorporated by reference; or (c) It satisfies the criteria of 40 CFR 261.11(a)(3) (criteria used to designate Toxic Waste) which are herebyincorporated by reference subject to the following additions, modifications and exceptions: 1. References to “appendix VIII” are hereby replaced with “310 CMR 30.160”. 2. The reference to “Administrator” is hereby replaced with “Department”. 3. The reference to “human health or the environment” is hereby replaced with “public health, safety, welfare, or to the environment”. 4. The term “used” shall be inserted after “transported” in 40 CFR 261.11(a)(3). 5. The reference to “human health and environmental damage” is hereby replaced with “damage to public health, safety, welfare or the environment” in 40 CFR 261.11(a)(3)(ix). 6. The reference to “health or environmental hazard posed” is hereby replaced with “hazard posed to public health, safety, welfare or the environment” in 40 CFR 261.11(a)(3)(x). (2) The Department may list classes or types of waste as hazardous waste if the Department has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in M.G.L. c. 21C, § 2.