Hazardous Waste

Massachusetts

Comparison of State and Federal Hazardous Waste Rules

General Summary (find a description of Federal Rules here).

    Massachusetts follows the federal rules for hazardous waste management.

1. Do I need an EPA ID number to handle hazardous wastes in Massachusetts?


Main Hazardous Waste Page: State Hazardous Waste Management Information

Permits and Associated Guidance Documents: Hazardous Waste Permits

2. How do I determine my generator status?

    Massachusetts somewhat follow federal rules for defining generator status, but has different generator definitions and classifications.LQG's are defined as "a generator who is not a SQG or a VSQG," and essentially, meets the federal definition of an LQG.An SQG is one that in a calendar month: generates less than 1,000 kg of any hazardous waste, regulated recyclable material, or combination of hazardous waste and regulated recyclable material; generates less than 1 kg of acutely hazardous waste, acutely hazardous regulated recyclable material, or combination of acutely hazardous waste and acutely hazardous regulated recyclable material; generates less than 100 kg of any residue, contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acutely hazardous regulated recyclable material or acutely hazardous waste; and generates less than 10 kg of inner liners from containers or paper bags containing residues of acutely hazardous waste and acutely hazardous regulated recyclable material An SQG is one that at any one time: accumulates no more than 6,000 kg of any hazardous waste, regulated recyclable material, or combination of hazardous waste and regulated recyclable material; accumulates less than 1 kg of acutely hazardous waste, acutely hazardous regulated recyclable material, or combination of acutely hazardous waste and acutely hazardous regulated recyclable material; accumulates less than 100 kg of any residue, contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acutely hazardous regulated recyclable material or acutely hazardous waste; and accumulates less than 10 kg of inner liners from containers or paper bags containing residues of acutely hazardous waste and acutely hazardous regulated recyclable material Massachusetts does not have a CESQG classification, but a Very Small Quantity Generator (VSQG)Classification. VSQG's generate, in a calendar month, less than 100 kg of hazardous waste, regulated recyclable material, or a combination of hazardous waste and regulated recyclable material; does not accumulate, at any one time, more than 1,000 kg of any hazardous waste, regulated recyclable material, or a combination of hazardous waste and regulated recyclable material; does not generate or accumulate any acutely hazardous waste or acutely hazardous regulated recyclable material; does not generate or accumulate any inner liners from containers or paper bags containing residues of acutely hazardous waste or acutely hazardous regulated recyclable material; and does not generate or accumulate any residue, contaminated soil, water, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste or acutely hazardous regulated recyclable material.

3. How can I tell if the waste materials I handle are considered hazardous wastes?

    Massachusetts generally follows the federal rules for defining hazardous wastes.Massachusetts regulates as hazardous waste: waste oil, waste generated in paint manufacturing, and PCBs in concentrations equal to or greater than 50 parts per million, and other waste as defined by DEP.Massachusetts regulates the following as acutely hazardous: Any paper bag that has contained an acutely hazardous material from a commercial chemical product or manufacturing chemical intermediate (including off-specification and residues); any residue remaining in a container or an inner liner removed from a container that has held any chemical product or manufacturing chemical intermediate having the generic name listed in state regulations, unless the container is empty; Specific EPA-listed dioxin wastes.Massachusetts allows certain explosives and noncommodity cathode ray tubes to be exempt from regulation as hazardous waste.The state does not include numerous federal exclusions from the definitions of solid waste and hazardous waste, which makes more waste hazardous. This includes materials being recycled. The state has not adopted the following federal exclusions: used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment; non-terne used oil filters; injected groundwater that is hazardous only because it exhibits the toxicity characteristic; used oil rerefining distillation bottoms used as feedstock; and leachate or gas condensate collected from landfills

4. How long can I store hazardous wastes on site?

    Massachusetts generally follows the federal rules for storing hazardous wastes.Generators and other storing waste must comply with the state's hazardous waste storage requirements.Anyone who accumulates hazardous waste or waste oil in tanks or containers or tanks must comply with both the state and federal requirements for container and tank management.Hazardous waste storage facilities must comply with additional permit application requirements and pay several state permit and facility fees.LQG's and SQG's that store hazardous waste on-site must meet additional state storage requirements in regard to labeling, security measures, storage area identification, marked areas, containment systems, outdoor storage, inspections, tank records, container venting, container stacking and aisle space, and emergency procedures.SQG's that store hazardous waste on-site without a permit must meet additional state requirements for emergency procedures and release notification. In regard to satellite storage, "only one container per waste stream may be used at any one time." Also, the area where wastes accumulate be "under the control of the operator of the process generating the waste." SQG's are allowed to accumulate up to 6,000 kilograms of hazardous waste without a permit. VSQG's are not allowed to generate or accumulate any acutely hazardous waste or acutely hazardous regulated recyclable materials.

5. Who can transport and receive the wastes I ship off site?

    Massachusetts follows the federal rules for shipping hazardous wastes to a TSD.When LQG's or SQG's transport waste off-site, transporters must have an EPA ID number, a DEP transporter license, valid vehicle identification, and the waste must be sent to a licensed facility.All generators (except VSQG's transporting their own waste) are subject to the state manifest requirements. VSQG's who transport their own hazardous waste must prepare shipping papers to accompany the hazardous waste shipment. VSQG's are allowed to transport hazardous waste off-site without a transport license, a vehicle identification device, or a manifest if they meet strict requirements in regard to the transport, delivery, labeling and marking, licensing, release and emergency procedures, and vehicle requirements.Regulated recyclable material must be transported and sent to facilities that are approved by the state's hazardous waste recycling standards.

6. What records do I have to keep?

    Massachusetts generally follows the federal rules for recordkeeping.Toxics users must keep copies of their toxics use report and supporting documentation on file for at least five years.TSDF's must keep copies of their toxics use report and supporting documentation on files the operational life of the facility.Hazardous material recycling facilities must keep annual reports and all other required documents on file for at least three years.

7. Do I have to file reports?

    Massachusetts follows the federal rules for reporting.

8. What training requirements do I have to meet?

    Massachusetts generally follows the federal rules for training.Permitted recycling facilities must give personnel specific training to anyone involved in any activity authorized by the permit. Hazardous waste handlers and their employees who handle hazardous waste or accompany drivers during handling or transportation of hazardous waste must successfully complete a training program that ensures compliance with U.S. Department of Transportation (DOT) requirements.

9. What differences between states may exist with regard to use of the the new standardized manifest form?

    As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Massachusetts these differences include:

    Additional Wastes: None.

    Exemptions: None.

    Distribution: None.

    Reporting:
    All generators in Massachusetts must prepare exception reports in the same manner that LQGs do under the federal rules if the generator has not received the appropriate copy of the manifest from the designated TSDF. The exception report must be submitted to the DEP and to the appropriate agency in the state in which the designated TSDF is located.

    Recordkeeping: None.

    Other Notes, Comments::
    While the rules requiring transporters to submit EMORs (310 CMR 30.407) will not change, MassDEP will provide a new electronic template for these reports that reflect the new national manifest form.  The new template will need to be used beginning with the September 2006 EMOR, which is due to MassDEP by October 31, 2006.  MassDEP will let hazardous waste transporters know when the new template is available. VSQGs are allowed to transport their own hazardous waste off-site without a manifest, if they comply with specific state requirements.

10. What are some other differences between federal and state rules?

    Generators must include very specific types of waste when generating and counting hazardous waste. The state rule is stricter because it does not exclude waste managed immediately upon generation only in on-site elementary neutralization units. SQG's and VSQG's must submit a written change in status notification to DEP whenever their generator classification is upgraded in size.A generator who ceases to be an LQG and wishes to become an SQG must submit a written change in status request to DEP.Any person who ceases to be a hazardous waste generator at a particular site, and who wishes to cease having the status of a generator at that site, must submit a written change in status request to DEP All VSQG's, and any generator wishing to have VSQG status, must file a registration notice of its activity involving hazardous waste or regulated recyclable material with DEP. SQG's and VSQG's are required to file exception reports in the same manner as LQGs. LQGs and SQG's must pay an annual generator fee. VSQG are exempt.If a generator generates more than 25,000 pounds or more a year of toxic or hazardous substances, they must meet the state's pollution prevention standards by providing an annual report in regard to their chemical use and waste, and also plans for reducing reliance on toxic chemicals or reducing wastes.

11. Contacts