General Requirements for All Facilities

(1) Hazardous waste storage operations shall be conducted in such a manner that all hazardous wastes are contained throughout the life of the storage operation. (2) Notwithstanding any provision of 310 CMR 30.660, the Department may require the owner or operator of any facility which uses, stores, or treats hazardous waste to comply with, and such owner or operator shall comply with, all or part of 310 CMR 30.660: Groundwater Protection if the Department determines that such action is appropriate to protect public health, safety or welfare or the environment. (3) The Department may require any facility which uses, stores, treats or disposes of hazardous waste to implement, and such owner or operator shall implement, emission monitoring and/or ambient air quality monitoring programs if the Department determines that such action is appropriate to protect public health, safety, or welfare or the environment. (4) Each unit in which hazardous waste is used, stored, treated or disposed of shall have such process controls and emission controls as the Department may require to protect public health, safety, and welfare and the environment from toxic or otherwise harmful fumes, mists, dusts or gases. The Department may prohibit the use, storage, treatment or disposal of certain hazardous wastes in impoundments, piles, landfills or other units if the Department determines that use, storage, treatment or disposal of such waste might result in the production of hazardous emissions in concentrations in excess of air quality standards or in quantities sufficient to present a potential hazard to public health, safety, or welfare or the environment. (5) Pursuant to 310 CMR 7.02(5) and 30.000, the Department may require the owner or operator of an existing facility (as defined in 310 CMR 30.010) to submit to the Department plans and specifications for reconstruction, alteration or repair of the facility and/or proposed standard operating procedures for the facility whenever the Department determines that the facility is in need of reconstruction, alteration or repair and/or that new or revised standard operating procedures are necessary to prevent the facility from causing or contributing to a condition of air pollution. (6) Each owner or operator shall take all appropriate measures to minimize odors originating from each facility for the use, treatment, storage or disposal of hazardous waste. No operation at a facility which uses, stores, treats or disposes of hazardous waste shall result in the creation of a noisome or unwholesome odor (as defined in 310 CMR 30.010). (7) Each owner or operator shall pave or line each truck dock or similar area where hazardous waste is loaded or unloaded with a material which is sufficiently impervious to spills or leaks of hazardous waste that such waste shall be prevented from coming in contact with soil or groundwater. (8) Each owner or operator shall operate each facility so that, at the site of the facility, traffic patterns and volume are controlled and access roads are surfaced so that traffic, including emergency vehicles, has safe and expeditious access to the facility. (9) For all facility owners and operators who are required to seek a new permit/license or a renewal permit/license (including a post-closure permit/license) for the treatment, storage, or disposal of hazardous waste pursuant to 310 CMR 30.099 or 40 CFR 270.1(c), the corrective action provisions of 40 CFR 264.101 are hereby incorporated by reference, and will be applied at the time of permit/license issuance, subject to the following additions, modifications, and exceptions: (a) In 40 CFR 264.101(b), delete “Subpart S of this part” and substitute “310 CMR 40.0000.” (b) In 40 CFR 264.101(c), delete “Regional Administrator” and substitute “Department.” (c) At the end of 40 CFR 264.101(d), add, “The management of remediation waste is subject to the requirements of 310 CMR 40.0030.” Notwithstanding the foregoing, the requirements of 310 CMR 30.602(9) shall not apply to the owner and/or operator of an Interim Status Disposal Facility that is conducting corrective action pursuant to the terms of a federal RCRA Corrective Action permit issued by EPA under the authority of 40 CFR 264.101, and in effect as of the date that EPA authorizes Massachusetts to implement the HSWA Corrective Action Rule pursuant to RCRA § 3006 and 40 CFR Part 271, Subpart A, for so long as the EPA permit continues in effect and for so long as any requirements established by the EPA permit continue in effect pursuant to a federal count order, unless otherwise agreed to by the parties and ordered by a court of competent jurisdiction. (10) Any post closure permit/license that is issued will address all applicable 310 CMR 30.000 groundwater monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements at 310 CMR 30.000. The Department may issue a post closure order under M.G.L. c. 21C, or M.G.L. c. 21E, or both, in lieu of a post closure permit/license. Any such order that is issued will address all applicable 310 CMR 30.000 groundwater monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements at 310 CMR 30.000. The Department will assure a meaningful opportunity for public involvement regarding any such post closure order: (a) At the time when the post closure order is being issued; (b) At the time when the post closure remedy is being selected, and (c) At the time when the remedy has been completed, by providing a public notice reflecting the Department’s tentative determination. Any such notice shall: 1. Be published, at the Department’s expense, in a newspaper having a substantial circulation in the affected area; 2. Be provided to the owner or operator of the facility and to all persons on the facility mailing list maintained pursuant to 310 CMR 30.833(4); and 3. Indicate the basis for the Department’s tentative determination and that the Department will accept public comments on the tentative determination for at least 30 days from the date of publication. Notice of the Department’s final determination shall be provided to the owner or operator of the facility and to all persons who commented on the Department’s tentative determination. The Department may combine the public comment periods regarding issuance of an order and remedy selection, if the Department has tentatively selected a remedy at the time when it is proposing to issue an order. The Department may modify the public comment procedures set forth above to the extent provided by 40 CFR 265.121(b)(2) and (3) as incorporated by reference. (11) Facilities subject to 310 CMR 30.602(9) or (10) must also comply with the provisions of 310 CMR 40.0113 in order to be considered to be Adequately Regulated pursuant to M.G.L. c. 21E. (12) The Corrective Action Management Unit (CAMU) provisions of 40 CFR Part 264, Subpart S, § 264.552 which are hereby incorporated by reference. (13) Temporary Unit (TU) provisions of 40 CFR Part 264, Subpart S, § 264.553 which are hereby incorporated by reference. (14) Staging pile provisions of 40 CFR Part 264, Subpart S, § 264.554 which are hereby incorporated by reference. (15) References to the EPA Regional Administrator in 40 CFR 264.550 through 264.555 shall mean the Department, except that the references to Regional Administrator in 40 CFR 264.555(e) regarding oversight of an out-of-state landfill shall mean the State Director or EPA Regional Administrator who has responsibility under 40 CFR 264.555(d) for permitting the landfill. (16) An owner or operator of a hazardous waste management facility shall comply with the applicable land disposal restrictions of 310 CMR 30.750.