When a Waste Becomes a Hazardous Waste

(1) A waste which is not exempted from regulation pursuant to 310 CMR 30.104, becomes a hazardous waste when any of the following occurs: (a) In the case of a waste listed in 310 CMR 30.131 or 30.132, when the waste first meets a listing description set forth in those sections. (b) In the case of a waste listed in 310 CMR 30.133 or 30.136 when the waste first meets a listing description set forth in those sections and either a decision is made to discard the material or it is discarded. (c) In the case of a mixture of nonhazardous waste and one or more listed hazardous wastes, when a hazardous waste listed in 310 CMR 30.130 through 30.136 is first added to the non-hazardous waste. (d) In the case of a waste not listed in 310 CMR 30.130 through 30.136, including mixtures of wastes not listed in 310 CMR 30.130 through 30.136, when the waste exhibits any of the characteristics identified in 310 CMR 30.120 through 30.125. (e) In the case of residue remaining in an empty container, as defined in 310 CMR 30.106, after the residue has first been removed if it exhibits any of the characteristics identified in 310 CMR 30.120 through 30.125 or contains a waste listed in 310 CMR 30.130 through 30.136. (f) When the hazardous waste is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit, it shall become subject to regulation as a hazardous waste when it exits the unit in which it was generated, except that: 1. if the unit is a surface impoundment, the hazardous waste shall become subject to regulation as a hazardous waste upon generation; and 2. if the hazardous waste remains in the unit, other than a surface impoundment, for more than 90 days after the unit ceases to be operated for manufacturing, storage or transportation of the product or raw material, the hazardous waste shall become subject to regulation as a hazardous waste upon the expiration of said 90 days.