When a Hazardous Waste Ceases to Be a Hazardous Waste

Unless and until it meets the criteria in 310 CMR 30.141, a hazardous waste shall remain subject to regulation as a hazardous waste. Any hazardous waste described in 310 CMR 30.140 ceases to be a hazardous waste and need no longer be regulated as such when: (1) In the case of any waste or mixture which is regulated solely by virtue of the characteristics in 310 CMR 30.120 through 30.125, it no longer exhibits any of said characteristics. However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of 310 CMR 30.750, even if they no longer exhibit a characteristic at the point of land disposal. (2) In the case of any waste which is a listed waste in 310 CMR 30.130 through 30.136, or waste which is derived from a waste listed in 310 CMR 30.130 through 30.136, it has been determined that the waste is not a hazardous waste pursuant to 310 CMR 30.142. (3) In the case of a mixture of nonhazardous 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 310 CMR 30.124 (reactive), the resultant mixture no longer exhibits any such characteristic of hazardous waste. Any mixing process to render a waste nonhazardous is treatment of hazardous waste subject to the applicable requirements of 310 CMR 30.500 through 30.900. (4) In the case of a waste which can be recycled, the Department has approved that recycling pursuant to 310 CMR 30.200, provided that it is recycled in compliance with 310 CMR 30.200 and the terms and conditions of such approval.