Section 30.302 - Determination of Whether a Waste is HazardousAny person who generates a waste shall determine if that waste is a hazardous waste, as identified or otherwise described in 310 CMR 30.100, as follows:
(1) First, determine whether the waste is excluded from 310 CMR 30.104.(2) Next, determine if the waste is listed as a hazardous waste in 310 CMR 30.130 through 30.136.(3) For purposes of compliance with the land disposal restrictions set forth in 310 CMR 30.750 or if the waste is not listed as a hazardous waste in 310 CMR 30.130 through 30.136, determine whether the waste is hazardous waste pursuant to 310 CMR 30.120 through 30.125 by doing either of the following:(a) Testing the waste according to the methods set forth in 310 CMR 30.151 through 30.157 or according to an equivalent method.(b) Applying knowledge of the hazardous characteristics of the waste in light of the materials or the process used.(4) Except as provided by 310 CMR 30.302(5), if a generator determines that a waste exhibits one or more characteristics, that generator shall further determine whether there are any underlying hazardous constituents of the waste that are specified in 40 CFR 268.48, Table UTS, as incorporated by reference at 310 CMR 30.750.(5) A generator need not determine the underlying hazardous constituents of a waste if: (a) the waste is hazardous solely because it is a D001 nonwastewater; and(b) it is treated by CMBST, RORGS, OR POLYM (See40 CFR 268.42: Table 1, as incorporated by reference at 310 CMR 30.750(1)).Amended by Mass Register Issue 1404, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.