RCRA Facilities Subject to 314 CMR 8.00

(1) What is a RCRA Facility. A "RCRA facility" for purposes of 314 CMR 8.00 and 314 CMR 2.00: Permit Procedures, 3.00: Surface Water Discharge Permit Program, and 5.00: Groundwater Discharge Permit Program, is a wastewater treatment works which treats, stores or disposes of hazardous waste generated at the same site by the same owner or operator and which has a wastewater discharge permitted pursuant to M.G.L. c. 21, § 43, and 314 CMR 3.00 or 5.00; (2) RCRA Facilities Shall Include: (a) A wastewater treatment unit. (b) A surface impoundment that treats an influent wastewater which is a hazardous waste, or treats or accumulates, as part of the treatment process, a wastewater treatment sludge which is a hazardous waste, but not including any surface impoundment used solely for accumulation or storage of such wastewater or sludge prior to disposal. (c) A POTW that generates, accumulates, treats, stores, recycles, or disposes of a hazardous waste. (3) A RCRA Facility Does Not Include: (a) Any facility identified in 314 CMR 8.03(2) which does not have a valid permit for its wastewater discharge under M.G.L. c. 21, § 43, and 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program including any facility exempted from permit requirements under 314 CMR 3.05: Exemptions or 5.05: Activities Not Requiring a Permit; (b) Any facility which receives hazardous waste from off the site of the facility; (c) Any facility or portion of a facility used to conduct hazardous waste management activities other than those identified in 314 CMR 8.03(2) including, but not limited to: 1. For non-POTWs, the generation of hazardous wastes; the accumulation and storage of hazardous waste prior to transportation off site or disposal on site, except where such accumulation is part of the treatment process; the recycling or reuse of hazardous waste; or the disposal of hazardous waste by landfill, land treatment or incineration; and 2. The off site transportation of hazardous waste, or the transfer of custody or possession of hazardous waste for transportation off site. Facilities or portions of facilities engaged in such activities are subject to the provisions of 310 CMR 30.000: Hazardous Waste and not 314 CMR 8.00. (d) Any "treatment which is an integral part of the manufacturing process" as defined in 314 CMR 8.03(d). "Treatment which is an integral part of the manufacturing process" means any treatment method or technique which is at the site of generation of the waste and: 1. If the treatment method or technique is not primarily for the purpose of recycling hazardous waste, the treatment unit shall be: a. Directly connected via pipes or the equivalent from an industrial production process (i.e., a process which produces a product, produces an intermediate, produces a by-product, renders a service (e.g., dry cleaning), or produces a material which is used back in the production process); and b. Totally enclosed so that it is designed, constructed and operated to prevent spills, leaks or emissions of hazardous materials to the environment. A treatment unit may be deemed "totally enclosed" if it is completely contained on all sides (i.e., an open-topped tank or treatment vessel shall not be deemed totally enclosed). If a treatment unit is vented, it may be deemed "totally enclosed" only if such vent(s) is designed to prevent overflow of liquid and emissions of gases, vapors or aerosols where such events might occur through normal operation, equipment failure or process upsets. This shall be accomplished with the use of suitable traps, recycle lines, sorption units or the equivalent. If the effluent from the treatment unit discharges to surface water, ground water or a sewer, the treatment unit may be deemed "totally enclosed" only if all discharges are in compliance with all applicable Federal, State and local laws, regulations and permits. If one unit operation in a series of unit operations is not totally enclosed or connected by pipe to the unit immediately upstream from that unit, then only unit operations upstream from that unit may be deemed "treatment which is an integral part of the manufacturing process"; or 2. If the treatment method or technique is primarily for the purpose of recycling the hazardous waste and hazardous waste constituents for reintroduction into the industrial production process, the treatment unit shall be totally enclosed as specified in 314 CMR 8.03(3)(d)1.b. Such a unit need not be directly connected from an industrial production process as specified in 314 CMR 8.03(3)(d)1.a. in order to be deemed a "treatment process which is an integral part of the manufacturing process" provided that, prior to recycling, the hazardous waste is accumulated in tanks or containers in compliance with 310 CMR 30.340: Large Quantity Generators or stored in compliance with 310 CMR 30.000: Hazardous Waste. (e) Any facility at the site of generation of waste oil which separates waste oil from non-hazardous wastes, provided that the separation process shall be conducted in equipment which is constructed of sturdy, leak-proof material and is designed, constructed, operated and maintained so as to prevent waste oil from being spilled or leaked into or on land or water.