Applicability

(1) Except as specifically provided elsewhere in 310 CMR 30.000, 310 CMR 30.501 through 30.599, cited collectively as 310 CMR 30.500, apply to owners and operators of: (a) All facilities which use, store, treat, or dispose of hazardous waste; (b) All facilities which are described in 310 CMR 30.341(8); (c) All facilities which recycle regulated recyclable material, or which store regulated recyclable material prior to its being recycled, unless the regulated recyclable material is stored and recycled in compliance with 310 CMR 30.200. (d) All facilities which treat or store hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea. (2) The requirements of 310 CMR 30.500 do not apply to: (a) The accumulation of hazardous waste by a generator at the site of generation for less than 90 days, provided that the requirements of 310 CMR 30.340 through 30.343 are met. (b) A treatment process, method, or technique which is an integral part of the manufacturing process as defined in 310 CMR 30.010. (c) Accumulation by a small quantity generator in compliance with 310 CMR 30.351, or by a very small quantity generator in compliance with 310 CMR 30.353, or by a generator who is in compliance with 310 CMR 30.222(4). (d) Municipal or industrial waste water treatment facilities permitted pursuant to M.G.L. c. 21, § 43, as defined in 310 CMR 30.010. Hazardous waste activities at such facilities are regulated pursuant to 314 CMR 8.00: Supplemental Requirements for Hazardous Waste Management Facilities. (e) Universal waste handlers, and universal waste transporters handling the wastes listed at 310 CMR 30.143(2) in compliance with 310 CMR 30.1000. (f) An eligible academic entity that chooses to be subject to 310 CMR 30.354 for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of 310 CMR 30.354 and the eligible academic entity has a Laboratory Management Plan in accordance with 310 CMR 30.354(14) that describes how the laboratories owned by the eligible academic entity will comply with the requirements of 310 CMR 30.354. (g) Elementary neutralization of corrosive hazardous waste at the site of generation in an elementary neutralization unit provided that the generator is in compliance with 310 CMR 30.1103. (3) (a) Except as provided in 310 CMR 30.500, 30.305(5) and 30.801, the requirements of 310 CMR 30.060 through 30.999 do not apply to facilities for the storage, treatment, or disposal of hazardous wastes containing PCBs in concentrations equal to or greater than 50 parts per million, provided that such facilities shall meet all of the following requirements: 1. They comply with all the applicable standards set forth in 40 CFR Part 761, as in effect July 1, 2002, for the storage, treatment, or disposal, as the case may be, of PCBs. 2. In the case of PCB incinerators or PCB waste landfills, they have been formally approved pursuant to 40 CFR Part 761, and such approval is in effect at the time. 3. If such facilities burn or incinerate PCBs, they do so in compliance with 310 CMR 7.00: Air Pollution Control. 4. They are not located within an Area of Critical Environmental Concern (ACEC) as designated by the Secretaryof the Executive Office of Energy and Environmental Affairs or, if the facility is located outside but adjacent to or in close proximity to an ACEC, such location is protective of the outstanding resources of the ACEC as identified in the Secretary's designation. 310 CMR 30.501(3)(a)4. shall not apply to an existing facility that is otherwise in compliance with 310 CMR 30.000. (b) Any facility which is subject to 310 CMR 30.501(3) and which the Department determines is not in compliance with 310 CMR 30.501(3)(a)1. or 3. shall be deemed in violation of M.G.L. c. 21C and 310 CMR 30.000 regardless of whether or not that facility is in compliance with 310 CMR 30.501(3)(a)2., regardless of that facility's compliance status with respect to 40 CFR Part 761. (c) The owner or operator of a facility for the storage of PCBs pursuant to 40 CFR 761.65 shall notify the Department in compliance with the requirements, set forth in 310 CMR 30.060 through 30.064.