Small Quantity Generators

(1) Except as provided in 310 CMR 30.353, a generator is a Small Quantity Generator if that generator: (a) Does not generate in a calendar month a total of 1,000 kilograms or more of any hazardous waste, regulated recyclable material, or combination of hazardous waste and regulated recyclable material; and (b) Does not accumulate, at any one time, any hazardous waste, regulated recyclable material, or combination of hazardous waste and regulated recyclable material in quantities exceeding 6,000 kilograms; and (c) Except as provided in 310 CMR 30.351(1)(e) and (g), does not generate in a calendar month one kilogram or more of acutely hazardous waste, acutely hazardous regulated recyclable material, or combination of acutely hazardous waste and acutely hazardous regulated recyclable material; and (d) Except as provided in 310 CMR 30.351(1)(f) and (h), does not accumulate, at any one time, one kilogram or more of acutely hazardous waste, acutely hazardous regulated recyclable material, or combination of acutely hazardous waste and acutely hazardous regulated recyclable material; and (e) Except as provided in 310 CMR 30.351(1)(g), does not generate in a calendar month ten kilograms or more of inner liners removed from containers, or of paper bags containing residues of acutely hazardous waste or acutely hazardous regulated recyclable material; and (f) Except as provided in 310 CMR 30.351(1)(h), does not accumulate, at any one time, a total of 10 kilograms or more of inner liners removed from containers, or of paper bags containing residues of acutely hazardous waste or acutely hazardous regulated recyclable material; and (g) Does not generate in a calendar month a total of 100 kilograms or more of any residue, contaminated soil, water, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acutely hazardous waste or any acutely hazardous regulated recyclable material; and (h) Does not accumulate, at any one time, a total of 100 kilograms or more of any residue, contaminated soil, water, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acutely hazardous waste or acutely hazardous regulated recyclable material. (2) For the purpose of determining the quantities in 310 CMR 30.351(1): (a) a generator shall include: 1. all hazardous waste and regulated recyclable material produced on-site (i.e., at the site of generation), unless excluded pursuant to 310 CMR 30.351(2)(b) or (c); 2. hazardous waste received from off the site of generation including, but not limited to, hazardous waste received from VerySmall QuantityGenerators pursuant to 310 CMR 30.353(8), and for the purposes of complying with 310 CMR 30.351(1)(b) only; 3. hazardous waste received as a rejected load or residue from a designated facility in compliance with 310 CMR 30.340(9); and (b) a generator need not include: 1. hazardous waste not subject to 310 CMR 30.000; 2. hazardous waste that is managed upon generation in one of the following units and without first being accumulated: a. a wastewater treatment unit; or b. a unit that provides treatment which is an integral part of the manufacturing process; 3. Class A regulated recyclable material, as defined in 310 CMR 30.212, provided such material is handled in compliance with 310 CMR 30.200; 4. waste that is universal waste managed in compliance with 310 CMR 30.143(2) and 310 CMR 30.1000; 5. waste oil and used oil fuels handled in compliance with 310 CMR 30.253 provided such materials are included in dual status calculations. (See 310 CMR 30.253(5)); or 6. for purposes of establishing compliance with 310 CMR 30.351(1)(b), (d), (f) and (h), hazardous waste located in satellite accumulation areas in compliance with 310 CMR 30.351(4). (A generator shall, however, count all satellite accumulation area wastes towards the generation rate limitations of 310 CMR 30.351(1)(a), (c), (e) and (g). See also 310 CMR 30.351(5)(a)); 7. a hazardous waste that is an unused commercial chemical product (listed in 310 CMR 30.133 or 310 CMR 30.136, or exhibiting one or more of the characteristics in 310 CMR 30.120 through 30.125) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to 310 CMR 30.354(13). For purposes of 310 CMR 30.351(2)(b)7., the term eligible academic entity shall have the meaning as defined in 310 CMR 30.010; and (c) a generator, for purposes of establishing compliance with 310 CMR 30.351(1)(a), (c), (e) and (g) only, need not include the following wastes, provided such wastes have already been counted once upon generation: 1. hazardous waste which is removed from on-site accumulation; 2. hazardous waste produced by on-site recycling of regulated recyclable material; 3. spent material that is either a Class B or C regulated recyclable material, provided such material is generated, reclaimed, and subsequently reused at the site of generation; or 4. hazardous waste received as a rejected load or residue from a designated facility in compliance with 310 CMR 30.340(9). (3) A Small Quantity Generator shall comply with the requirements set forth or referred to in 310 CMR 30.351, and need not comply with any other generator requirements of 310 CMR 30.300. However, a Small Quantity Generator may manage its regulated recyclable materials in compliance with 310 CMR 30.200 and manage its universal wastes in compliance with 310 CMR 30.1000. (4) A Small Quantity Generator may, for any length of time, without being licensed pursuant to 310 CMR 30.000 or having interim status, and without complying with 310 CMR 30.351 except as specified in 310 CMR 30.351(4), accumulate hazardous waste or waste oil in containers at or near each specific point of generation where wastes initially accumulate, provided that all of the following requirements are met: (a) The wastes must be generated as a result of a process occurring at the specific point of generation where the wastes are initially accumulated. (b) Each such specific point of generation where wastes initially accumulate, and each satellite accumulation container, shall be under the control of the key staff individual directly responsible for the process resulting in the generation of such wastes. (c) For each specific point of generation, only one container per wastestream may be used at any one time. The maximum capacity of said container shall be as follows: 1. 55 gallons if the hazardous waste or waste oil being accumulated is non-acutely hazardous waste identified or otherwise described in 310 CMR 30.120 through 30.135; or 2. one quart if the hazardous waste being accumulated is acutely hazardous waste listed or otherwise described in 310 CMR 30.136. (d) Within three days of the time a generator fills a container or accumulates a quantity of hazardous waste or waste oil in excess of the applicable limit described in 310 CMR 30.351(4)(c), whichever comes first, the generator shall, with respect to that container and all the hazardous waste or waste oil accumulated therein, come into full compliance, and thereafter remain in full compliance, with 310 CMR 30.351. If a generator is subject to the preceding sentence, said generator shall, until it comes into full compliance with 310 CMR 30.351, continue to comply with 310 CMR 30.351(4). (e) The generator shall at all times comply with the requirements set forth in 310 CMR 30.341(2)(a) through (c), as well as 310 CMR 30.342(1)(a) through (d)1. and (e)1., and 310 CMR 30.688(4). (5) A Small Quantity Generator may accumulate the amounts of hazardous waste stated in 310 CMR 30.351(1) at the site of generation for up to 180 days without having to obtain a storage license from the Department and without having interim status provided that the date when the accumulation period begins shall be clearly marked and labeled, in compliance with 310 CMR 30.341(2), on every tank and container in which hazardous waste is accumulated. (a) This 180-day period begins: 1. for hazardous waste subject to 310 CMR 30.351(4), on the date which is three days after the applicable limit described in 310 CMR 30.351(4)(c) (i.e., 55 gallons or one quart) is reached or on the date when the container is moved into a centralized accumulation area, whichever comes first; 2. 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; 3. for hazardous waste produced by a generator that no longer satisfies all of the requirements of 310 CMR 30.353(1), on the date the generator first becomes subject to 310 CMR 30.351; and 4. for all other hazardous wastes, on the date the waste first becomes subject to regulation pursuant to 310 CMR 30.140(1). (b) 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. (6) Before the end of the 180 day period of accumulation, as described in 310 CMR 30.351(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., 310 CMR 30.305(4) or 310 CMR 30.305(5). (c) A Small Quantity Generator who accumulates hazardous waste in excess of the 180 day period of accumulation, as described in 310 CMR 30.351(5), is an operator of a storage facility and shall comply with the requirements in 310 CMR 30.500, 30.600, 30.700, 30.800, and 30.900 applicable to storage of hazardous waste, or if eligible, the interim status provisions of 310 CMR 30.099. (7) A generator who generates in any calendar month, or accumulates hazardous waste for any length of time, in amounts exceeding the amounts stated in 310 CMR 30.351(1) is a Large Quantity Generator, and shall comply with 310 CMR 30.303 and with all requirements in 310 CMR 30.000 applicable to Large Quantity Generators. (8) A Small Quantity Generator shall comply with the following additional requirements governing accumulation: (a) 310 CMR 30.341(2) through (5) - marking and labeling, security, signs, and lines. However, for purposes of complying with 310 CMR 30.341(2)(d), the date upon which each period of accumulation begins shall be determined as set forth in 310 CMR 30.351(5). (b) 310 CMR 30.342 – accumulation in containers. However, in lieu of complying with 310 CMR 30.342(1)(f), referencing the requirements of 310 CMR 30.688 for managing ignitable, reactive or incompatible wastes, a Small Quantity Generator shall comply with the following: 1. Containers holding ignitable or reactive hazardous waste shall be located at least 15 meters from the property line of the site of generation, unless this is not possible or practical, in which case the generator shall locate such containers in compliance with applicable city and town ordinances and by-laws 2. Incompatible hazardous wastes or materials incompatible with hazardous wastes (see 310 CMR 30.561 for examples) shall not be placed in the same container unless the requirement set forth in 310 CMR 30.560(3) is complied with. 3. Hazardous waste shall not be placed in an unwashed container that previously held waste or material incompatible with such hazardous waste. 4. A container holding a hazardous waste that is incompatible with any waste or other material stored nearby in other containers or in piles, open tanks or surface impoundments shall be separated from the other waste or other material or protected from it by means of a dike, berm, wall, or other device. (c) 310 CMR 30.343 – accumulation in tanks; and (d) 310 CMR 30.560(1), (2), and (3), and 310 CMR 30.561 - general requirements for ignitable, reactive and incompatible wastes. (9) A Small Quantity Generator shall comply with the following requirements governing emergency procedures, prevention, and response: (a) A Small Quantity Generator shall accumulate hazardous waste only in areas that are designed and constructed to prevent, and maintained and operated 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. (b) There shall be at all times at least one employee either on the premises or on call and available to respond to an emergency by reaching the site of generation or accumulation within a short period of time. Each such employee shall be known as the emergency coordinator. The emergency coordinator shall have the responsibility for coordinating all emergency response measures specified in 310 CMR 30.351(9)(h) and (i). Each emergency coordinator shall be thoroughly familiar with all aspects of whatever plans the generator has for responding to an emergency, all operations and activities at the site of generation, the location and characteristics of waste handled, the location of all records at the site of generation, and the layout of the site of generation. Each emergency coordinator shall have access to all areas of the site of generation. Each emergency coordinator shall have the authority to spend or use whatever is necessary to adequately respond to an emergency. (c) A Small Quantity Generator shall have the following equipment on the premises, unless none of the hazards posed by hazardous waste handled on the premises could require a particular type of equipment specified in 310 CMR 30.351(9)(c)1. through 6.d.: 1. An internal communications or alarm system capable of providing immediate emergency instruction, by voice or signal, to facility personnel; and 2. A device, immediately available at all areas where hazardous waste is generated or accumulated, such as a telephone or a hand-held two-way radio, call box, or other instrument capable of summoning emergency assistance from, and which is acceptable to, local police departments, fire departments, or Federal, State, or local emergency response teams; and 3. Portable fire extinguishers, fire control equipment, including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals; spill control equipment; and decontamination equipment; and 4. Water at adequate volume and pressure to supply water hose streams or foam producing equipment, or automatic sprinklers or water spray systems. 5. Clear markings identifying all exits so that everyone in the premises during an emergency can quickly find their way out of the premises during the emergency. 6. An up-to-date written list containing the following information, a copy of which shall be prominently posted next to every telephone at the site of generation: a. The name(s) and telephone number(s) of the emergency coordinator(s). b. The location(s) of the fire extinguisher(s) and spill control material(s), and, if present, the fire alarms. c. The telephone number of the fire department, and, if there is a direct alarm system, instructions on how to activate it. d. Evacuation routes, where applicable. (d) All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to ensure its proper operation in time of emergency. (e) 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 emergency communications device, either directly or through visual or voice contact with another employee, unless such a device is not required pursuant to 310 CMR 30.351(9)(c). If hazardous waste is being poured, mixed, spread, or otherwise handled at a time when there is only one individual at the area where this activity is occurring, the generator shall ensure that this individual has immediate access to a device, such as a telephone or a hand-held two-way radio, that is capable of summoning whatever emergency assistance is necessary from other areas, unless such a device is not required pursuant to 310 CMR 30.351(9)(c). (f) 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 of facility operation in an emergency, unless aisle space is not needed for any of these purposes. (g) The generator shall ensure that all employees are properly trained so that they know how to perform their duties so that hazardous waste handling practices and emergencyprocedures are performed properly and in compliance with all applicable requirements of 310 CMR 30.000. (h) The emergency coordinator or designee shall respond promptly and properly to any emergencies that arise. The applicable responses shall be as follows: 1. In the event of a fire, attempt to extinguish it using a fire extinguisher or other suitable fire control equipment or call the fire department. 2. In the event of a spill, contain the flow of spilled material to the extent possible, and as soon as practicable, clean up the spilled material and contaminated materials or soil. (i) In the event of a fire, explosion, spill or other release or threat of release of oil, hazardous waste, or hazardous material into the environment, the generator shall do the following: 1. 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. 2. In addition to the notification requirements of 310 CMR 30.351(9)(i)1., when a fire, explosion, spill or other release could threaten public health, safety, welfare or the environment, the generator shall immediately notify the National Response Center at its 24-hour toll-free number (1-800-424-8802) and provide the following information: a. the name and telephone number of the reporter; b. the name, address, and U.S. EPA Identification Number of the generator; c. the date, time, and type of incident (e.g., spill or fire); d. the name and quantity of hazardous material(s) involved in the incident; e. the extent of injuries, if any; f. the estimated quantity and disposition of recovered material(s), if any; and g. the possible hazards to human health or the environment. (j) The generator shall make every reasonable attempt to make the following arrangements, as appropriate for the type of hazardous waste handled at the site of generation or accumulation and the potential need for the services of the persons or organizations referred to in 310 CMR 30.351(9)(j)1. through 4.: 1. Arrangements to familiarize police departments, fire departments, local boards of health, and emergency response teams with the layout of the site, properties of hazardous waste handled at the site, hazards associated with such wastes, places where personnel at the site would normally be working, entrances to and roads inside the site, and possible evacuation routes. 2. If more than one police department and/or fire department might respond to an emergency, agreements designating the specific police department and/or specific fire department which shall have primary emergency authority, and agreements with any other police department(s) and/or fire department(s) to provide support to whoever has primary emergency authority. 3. Agreements with State emergency response teams, emergency response contractors, local boards of health, and equipment suppliers. 4. Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the site and the types of injuries or illnesses which could result from fires, explosions, or other releases at the site. (k) For the purposes of 310 CMR 30.351(9)(j), a signed and dated letter that is from the generator to a person set forth in 310 CMR 30.351(9)(j) and that attempts to make arrangements required pursuant to 310 CMR 30.351(9)(j) shall be deemed sufficient documentation of an attempt to make the required arrangements with that person. The generator shall keep these records for as long as the generator is at the site. Such records shall be furnished upon request of, and made available at all reasonable times for inspection by, anydulydesignated officer, employee, or representative of the Department or of the EPA. (10) A Small Quantity Generator shall comply with the following: (a) 310 CMR 30.301(1) through (3) - Purpose, Scope, and Applicability of Generator regulations. (b) 310 CMR 30.302 - Determine whether the waste is hazardous. (c) 310 CMR 30.303 - Requirements governing notification, identification numbers, and change of status requests. (d) 310 CMR 30.304 and 30.305 - Transfer of hazardous waste. (e) 310 CMR 30.310 through 30.317 - Manifest Requirements. (f) 310 CMR 30.331(1), (2), (3)(b), and (4), 30.333, and 30.334 - Recordkeeping and reporting. (g) 310 CMR 30.352 and 30.361. (h) 310 CMR 30.001 through 30.100, 30.605, and the land disposal restrictions set forth in 310 CMR 30.750. (i) 310 CMR 30.321 through 30.324 (pre-transport requirements). (11) A small quantity generator may conduct elementary neutralization of corrosive hazardous wastes at the site of generation in an elementaryneutralization unit in compliance with 310 CMR 30.1103 without a license to treat hazardous waste, but shall comply with all applicable provisions of 310 CMR 30.0000 while such waste remains hazardous.