Current through Register 1531, September 27, 2024
Section 30.863 - Research, Development, and Demonstration Facilities and Approvals(1) The Department may issue a research, development, and/or demonstration approval for any hazardous waste facility which proposes to utilize an innovative and experimental hazardous waste technology or process for which standards have not been promulgated. Each such approval, and each application for such approval, shall be in writing and shall be subject to the provisions set forth in 310 CMR 30.801 through 30.803, 30.806, 30.807, 30.810 through 30.822, 30.825(2), (3), and (5), 30.831(1) through (3), 30.853, 30.854, 30.870, 30.880, 30.890, and 30.862, and shall not be subject to any other provision of 310 CMR 30.800.(2) Such research, development and/or demonstration approval shall include such terms and conditions as will assure protection of public health, safety and welfare and the environment. Such approvals shall:(a) Provide for the construction and maintenance of whatever is necessary to assure compliance with requirements set forth or referred to in 310 CMR 30.862;(b) Provide for the operation of the research, development, and/or for demonstration for not longer than one year unless renewed as provided in 310 CMR 30.867(3);(c) Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Department determines are necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on public health, safety and welfare and the environment; and(d) Include such requirements as the Department determines are necessary to protect public health, safety and welfare and the environment including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure and remedial action, and such requirements as the Department determines are necessary regarding testing and providing information to the Department, with respect to the operation of the facility.(3) Any approval issued pursuant to 310 CMR 30.862 may be renewed not more than three times. Each such renewal shall be for a period of not more than one year. A person applying for a renewal shall submit such a renewal request at least one month before the expiration of the approval.(4) No research, development, and/or demonstration facility subject to 310 CMR 30.862 shall be operated without the prior issuance of an approval issued by the Department pursuant to 310 CMR 30.863. No research, development, and/or demonstration facility subject to 310 CMR 30.862 shall be operated except in accordance with 310 CMR 30.862, all other applicable provisions of 310 CMR 30.000, and the terms and conditions of an approval issued by the Department pursuant to 310 CMR 30.862. The Department may order an immediate termination of all operations at the facility at any time that termination is necessary to protect public health, safety and welfare, and the environment. The Department may order an immediate termination of all operations at the facility at any time the Department determines that such action is necessary to protect public health, safety or welfare or the environment, or to assure compliance with 310 CMR 30.000 or any other applicable statute or regualtion.(5) All hazardous waste delivered to a research, development, and/or demonstration facility shall be handled in full compliance with 310 CMR 30.863 and all other applicable provisions of 310 CMR 30.000.