Current through Register 1531, September 27, 2024
Section 30.202 - Other Applicable Provisions(1) Unless specifically exempted, all activities regulated by 310 CMR 30.200 shall also be subject to, and shall be done in compliance with, 310 CMR 30.001 through 30.064, 30.100 through 30.199, 30.303, 30.351(1) and (2), 30.353(1) and (2).(2) Except as provided in 310 CMR 30.202(3) and 30.271(4), all materials that are subject to management in compliance with a recycling permit issued pursuant to 310 CMR 30.200 are subject to and shall be managed in compliance with, 310 CMR 30.001 through 30.064, 30.100 through 30.199, 30.200 [including, without limitation, 310 CMR 30.202(1)], 30.303, the conditions of the permit, and no other provisions of 310 CMR 30.000 not specifically stated as conditions. The Department may issue a permit pursuant to 310 CMR 30.200, and allow a permit issued pursuant to 310 CMR 30.200 to remain in effect, only to the extent, and only while, the Department is persuaded that such action would not lead to a significant potential hazard to public health, safety, or welfare, or the environment, or be in noncompliance with 310 CMR 30.200. In addition to any permit conditions required pursuant to 310 CMR 30.200, the Department may impose any other conditions that the Department determines may be appropriate to assure that the activity authorized by the Department does not and will not constitute a significant potential hazard to public health, safety, or welfare, or the environment.(3) Notwithstanding the provisions of 310 CMR 30.202(2), if any material subject to management in compliance with a recycling permit issued pursuant to 310 CMR 30.200 is managed in a way that is not in compliance with 310 CMR 30.200 or any condition of the permit, the material is subject to all provisions of 310 CMR 30.000.(4) Recyclable material managed in a Completely Enclosed Recycling System that is directly connected via pipes or the equivalent to an industrial production process is not subject to 310 CMR 30.200, or any other provision of 310 CMR 30.000, provided that:(a) only accumulation in tanks is involved, and the entire process through completion of reclamation is closed by means of being entirely connected with pipes or other comparable closed means of conveyance;(b) reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);(c) the secondary materials are never accumulated in such tanks for over 12 months without being reclaimed; and,(d) the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.(5) The following materials are not subject to 310 CMR 30.200, or any other provision of 310 CMR 30.000:(a) Pulping liquors (i.e., black liquors) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated in a manner that constitutes speculative accumulation.(b) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated in a manner that constitutes speculative accumulation.(c) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use. (d) Whole used circuit boards being recycled provided they are free of mercury switches, mercury relays, nickel-cadmium batteries, or lithium batteries.(e) Shredded circuit boards being recycled, provided that they are:1. managed in containers sufficient to prevent a release to the environment prior to recovery; and2. free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.(f) All scrap metal items being recycled.(g) Used, intact CRTs.1. Used intact CRTs are not hazardous wastes within Massachusetts if speculative accumulation is deemed not to be occurring pursuant to the speculative accumulation definition described at 310 CMR 30.010, and they are not disposed.2. In addition, exporters of used intact CRTs shall comply with the EPA administered requirements in 40 CFR 261.40 and 261.41.Amended by Mass Register Issue 1404, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.