General Accumulation Standards for Large Quantity Generators

(1) A generator shall comply with the following management standards for facilities: (a) 310 CMR 30.516, requiring personnel training, subject to the following exceptions, additions, and modifications: 1. All references to “facility” shall be substituted with “site.” 2. The phrase “and the conditions of the facility’s license” in 310 CMR 30.516(1)(a) (first sentence) is eliminated. 3. All references to “owner and operator” shall be substituted with “generator”. 4. 310 CMR 30.516(1)(e) is replaced with the following: A current copy of the training plan and training records on current personnel shall be kept on-site and remain available for inspection by the Department at all times while the generator is subject to 310 CMR 30.000. Training records on former personnel shall be kept on-site and remain available for inspection by the Department for at least three years from the date such personnel last worked at the facility or until the generator is no longer subject to 310 CMR 30.000, whichever comes first. (b) 310 CMR 30.521 governing the purpose, content and implementation of the contingency plan, subject to the following exceptions, additions and modifications: 1. All references to owner or operator shall be substituted with “generator”. 2. All references to “facility” shall be substituted with “site”. 3. 310 CMR 30.521(1)(first sentence) is eliminated and replaced with the following: Each generator shall have a contingency plan that addresses all on-site hazardous waste management units. The contingency plan shall be kept by the generator at an accessible on-site location at all times while the generator is subject to 310 CMR 30.000. 4. 310 CMR 30.521(6) is modified to read as follows: If any organization referred to in 310 CMR 30.521(5) refuses to enter into an arrangement listed therein, the generator shall document the refusal in the contingency plan. 5. 310 CMR 30.521(8) is modified to read as follows: The contingency plan shall list the names, addresses, and the office and home telephone numbers of all individuals qualified to act as emergency coordinator, and this list shall be kept up-to-date. If more than one individual is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. 6. 310 CMR 30.521(10)(d) is revised to read as follows: Prevent flooding or comply with the floodproofing standard established pursuant to 310 CMR 30.341(1)(g). (c) 310 CMR 30.522 governing the distribution of copies of the contingency plan is modified to read as follows: A copy of the contingency plan and all revisions to the plan shall be submitted to local police departments, local fire departments, hospitals, local boards of health, the chief executive officer of the community, state and local emergency response teams that may be called upon to provide emergency services. A copy of the contingency plan shall be kept on-site and be made available for inspection by the Department at all times while the generator is subject to 310 CMR 30.000. (d) 310 CMR 30.523 governing amendments of the contingency plan is modified to read as follows: The contingencyplan shall be reviewed, and immediatelyamended, if necessary, whenever: 1. The plan fails in an emergency; 2. The list of emergency coordinators changes; 3. The list of emergency equipment changes; 4. There is any change in the operation or maintenance of any hazardous waste management unit; or 5. There occurs any other circumstance which indicates the need for a change in the contingency plan. (e) 310 CMR 30.524 governing the standards for emergency prevention and response, subject to the following exceptions, additions, and modifications: 1. 310 CMR 30.524(1) is revised to read as follows: Design and Operation of Hazardous Waste Management Units. Hazardous waste management units shall be designed and operated to prevent, and constructed and maintained to minimize, the possibility of any threat to public health, safety, or welfare, or the environment from a fire, explosion, or any other unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water, or ground water. 2. All references to “owner or operator” shall be substituted with “generator”. 3. All references to “facility” shall be substituted with “site”; “facilities” shall be substituted with “sites”. 4. 310 CMR 30.524(2) (first sentence) is revised to read as follows: All hazardous waste management units shall be equipped with at least the following, unless the generator determines and documents in its files that none of the hazards posed by waste handled at the site could require a particular kind of equipment specified in 310 CMR 30.341(1)(e)5.a. and b.: 5. 310 CMR 30.524(4) is revised as follows: a. 310 CMR 30.524(4)(a) shall read as follows: Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, the generator shall ensure that all personnel involved in the operation always have immediate access to an internal alarm or emergencycommunications device, either directlyor through visual or voice contact with another employee, unless such a device is not required pursuant to 310 CMR 30.524(2). b. 310 CMR 30.524(4)(b) shall read as follows: If, at any time, only one employee is on the premises while hazardous waste management activities are taking place, the generator shall ensure that the employee always has immediate access to a device prescribed in 310 CMR 30.524(2)(b), unless such a device is not required pursuant to 310 CMR 30.524(2). 6. 310 CMR 30.524(5) is revised to read as follows: Required Aisle Space. The generator shall maintain sufficient aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area within the hazardous waste management unit in an emergency, unless the generator determines and documents in its files that aisle space is not needed for any of these purposes. 7. In lieu of 310 CMR 30.524(6), Emergency Procedures, a generator shall comply with the following: a. Whenever there is an imminent or actual emergency, the emergency coordinator shall immediately: (i) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; (ii) Notify the Bureau of Air and Waste when there is an imminent or actual emergency which triggers the need to implement the contingency plan even if it does not result in a reportable release pursuant to 310 CMR 40.0000; and (iii) Notify other appropriate State or local agencies with designated response roles if their help is needed. b. Whenever there is a fire, explosion, spill or other release, the emergency coordinator shall: (i) Immediately identify the character, exact source, amount, and extent of all released materials, and concurrently; (ii) Assess possible hazards to public health, safety, or welfare, or the environ­ ment that may result from the fire, explosion, spill or other release. This assessment shall consider both direct and indirect effects of the fire, explosion, or other release, e.g. the effects of any hazardous surface water run-off from water or chemical agents used to control fire or heat-induced explosions. c. If the emergency coordinator determines that there has been a fire, explosion, spill or other release, which could threaten public health, safety, welfare, or the environment, the emergency coordinator shall: (i) Immediately notify appropriate officials as identified in the contingency plan if the emergencycoordinator's assessment indicates that evacuation of local areas may be advisable. The coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; (ii) Call the Bureau of Waste Site Clean-up at the Department’s Regional Office serving the location where the release or threat of release occurred when required by and within the time frames established pursuant to 310 CMR 40.0311 through 40.0317. To report a release after normal business hours, dial (617) 556-1133, (888) 304-1133 (or such other telephone number as may be designated by the Department) or follow any instructions provided on the answering message for the Regional Office; and (iii) Immediately notify the National Response Center using its 24-hour toll free telephone number 800-424-8802. The generator shall provide the information required pursuant to 310 CMR 30.351(9)(i)2.a. through g. d. During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, runoff, and other releases do not occur, recur, or spread off the site or to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers. e. If the facility stops operations in response to a potential or actual fire, explosion, or other release, (i) The emergency coordinator shall monitor for leaks, pressure buildup, gas generation, and ruptures in valves, pipes, or other equipment, wherever this is appropriate. (ii) The emergency coordinator shall, immediately after an emergency, provide for the treatment, storage, or disposal of recovered waste, contaminated soil or surface water, or any other material that results from a fire, explosion, or other release at the facility. Unless the owner or operator can demonstrate pursuant to 310 CMR 30.100 that the recovered material is not hazardous waste, the owner or operator also becomes a generator of hazardous waste and shall manage it in compliance with all applicable requirements of 310 CMR 30.000. (iii) The emergency coordinator shall ensure that, in the affected area(s) of the site: (A) no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (B) all emergency equipment and systems listed in the contingency plan are cleaned, recharged, reactivated, and fit for their intended use before facility operations are resumed. (iv) Operations shall not be resumed at the site until the generator notifies the Department that the site is in compliance with 310 CMR 30.341(1)(e)7.e.(iii). f. The generator shall note the time, date, and details of any incident that requires implementing the contingency plan. This record shall be kept by the generator at a readily accessible on-site location at all times while the generator is subject to 310 CMR 30.000. If the incident resulted in a release to the environment requiring notification pursuant to 310 CMR 40.0000, notification to the Bureau of Waste Site Clean-up in compliance with 310 CMR 40.000 shall constitute notice to the Department. If the incident did not require notification pursuant to 310 CMR 40.0000, then the generator shall provide a written report within seven days to the Bureau of Air Waste at the Regional Office of the Department where the incident occurred which includes: (i) Name, address, and telephone number of the generator; (ii) Date, time and type of incident (e.g., fire explosion); (iii) Name and quantity of material(s) involved; (iv) The extent of injuries, if any; (v) An assessment of actual or potential hazards to public health, safety, welfare and the environment, where applicable; and (vi) Estimated quantity and disposition of recovered materials that resulted from the incident. (f) 310 CMR 30.560(1), (2), and (3), and 310 CMR 30.561, governing ignitable, reactive, or incompatible wastes. (g) 310 CMR 30.701(2)(a) and (b), establishing a floodproofing standard; however, these requirements shall only be applicable if a portion of the site is within the boundary of land subject to flooding from the statistical 100-year frequency storm. (2) Each tank or container in which hazardous waste is being accumulated shall be clearly marked and labelled throughout the period of accumulation. Marks and labels shall be clearly visible for inspection. For aboveground tanks and containers, marks and labels shall be made on the side of each tank or container. For underground tanks, marks and labels shall be made on the aboveground portion of the tanks or on a sign in close proximity to the tank. Each tank or container shall be marked and labeled with the following: (a) The words "Hazardous Waste"; (b) The hazardous waste(s) identified in words (e.g., acetone, toluene); (c) The type of hazard(s) associated with the waste(s) indicated in words (e.g., ignitable, toxic, dangerous when wet); (d) The date upon which each period of accumulation begins. (3) All areas where wastes are accumulated shall be operated with appropriate security measures at all times to prevent the unknowing entry of persons, reduce as much as possible the unauthorized entry of persons, and prevent the entry of livestock into such areas. (4) All areas where wastes are accumulated shall have posted at all times a sign with the words "HAZARDOUS WASTE" in capital letters at least one inch high. (5) All areas where wastes are accumulated for purposes of complying with 310 CMR 30.000 generally shall be clearly marked (e.g., by a clearly visible line or piece of tape on the floor, or by a gate or fence, or by a sign at the boundary of a clearly distinguishable area) so that they are clearly distinguishable at all times from all specific points of generation where wastes are initially accumulated solely for purposes of 310 CMR 30.340(6), and from all areas at the site of generation where wastes are not accumulated. (6) The period of accumulation begins: (a) for hazardous waste subject to 310 CMR 30.340(6), on the date which is three days after the applicable limit described in 310 CMR 30.340(6)(c) is reached (i.e., 55 gallons or one quart) or on the date when the container is moved into a centralized accumulation area, whichever comes first; (b) for hazardous waste received from a Very Small Quantity Generator in compliance with 310 CMR 30.353(8), or hazardous waste received as a rejected load or residue from a designated facility in compliance with 310 CMR 30.340(9), on the date the waste was received; and (c) for all other hazardous wastes, on the date the waste first becomes subject to 310 CMR 30.140(1). If the applicable date described in the preceding sentence is not marked and labeled, in compliance with 310 CMR 30.341(2), on any tank or container in which such hazardous waste is accumulated, then the period of accumulation of the hazardous waste in that tank or container shall be deemed to have commenced on the date on which that hazardous waste is originally generated or accumulated. (7) Before the end of the applicable 90 day accumulation period, as described in 310 CMR 30.340(4), or the 180 day accumulation period, as described in 310 CMR 30.340(5), the waste shall be either: (a) Transported off-site to a facility, or person that meets the criteria of 310 CMR 30.305; or (b) Transferred to an on-site facility that meets the criteria of 310 CMR 30.305(1)(a)1., 2. or 3., 30.305(4) or 310 CMR 30.305(5). (8) A Large Quantity Generator who accumulates hazardous waste at the site of generation in excess of the 90 day accumulation period, as described in 310 CMR 30.340(4), or the 180 day accumulation period, as described in 310 CMR 30.340(5), is an operator of a storage facility and shall comply with the requirements of 310 CMR 30.500 through 30.900, or if eligible, the interim status provisions of 310 CMR 30.099.