Section 30.353 - Very Small Quantity Generators(1) A generator is a Very Small Quantity Generator if that generator: (a) Does not generate in a calendar month a total of 100 kilograms or more of hazardous waste, regulated recyclable material, or combination of hazardous waste and regulated recyclable material; and(b) Does not accumulate, at any one time, any hazardous waste, regulated recyclable material, or combination of hazardous waste and regulated recyclable material in quantities exceeding 1,000 kilograms; and(c) Does not generate or accumulate any acutely hazardous waste or acutely hazardous regulated recyclable material; and(d) Does not generate or accumulate any inner liners removed from containers, or of paper bags containing residues of acutely hazardous waste or acutely hazardous regulated recyclable material; and(e) Does not generate or accumulate any residue, contaminated soil, water, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acutely hazardous waste or acutely hazardous regulated recyclable material.(2) For the purpose of determining the quantities in 310 CMR 30.353(1): (a) a generator shall include 1. all hazardous waste and regulated recyclable material produced on-site (i.e., at the site of generation), unless excluded pursuant to 310 CMR 30.353(2)(b) or (c);2. hazardous waste received from off the site of generation including, but not limited to, hazardous waste received from other Very Small Quantity Generators pursuant to 310 CMR 30.353(8); and, for the purposes of complying with 310 CMR 30.353(1)(b) only;3. hazardous waste received as a rejected load or residue from a designated facility in compliance with 310 CMR 30.340(9); and(b) a generator need not include: 1. hazardous waste not subject to 310 CMR 30.000;2. hazardous waste that is managed upon generation in one of the following units and without first being accumulated:a. a wastewater treatment unit; orb. a unit that provides treatment which is an integral part of the manufacturing process;3. Class A regulated recyclable material, as defined in 310 CMR 30.212, provided such material is handled in compliance with 310 CMR 30.200;4. waste that is universal waste managed in compliance with 310 CMR 30.143(2) and 310 CMR 30.1000; or5. waste oil and used oil fuels handled in compliance with 310 CMR 30.253 provided such materials are included in dual status calculations. (See310 CMR 30.253(5)); or 6. for purposes of establishing compliance with 310 CMR 30.353(1)(b), hazardous waste located in satellite accumulation areas in compliance with 310 CMR 30.353(6)(i). (A generator shall, however, count all satellite accumulation area wastes towards the generation rate limitations of 310 CMR 30.353(1)(a));7. a hazardous waste that is an unused commercial chemical product (listed in 310 CMR 30.133 or 310 CMR 30.136, or exhibiting one or more of the characteristics in 310 CMR 30.120 through 30.125) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to 310 CMR 30.354(13). For purposes of 310 CMR 30.353(2)(b)7., the term eligible academic entity shall have the meaning as defined in 310 CMR 30.010; and(c) a generator, for purposes of establishing compliance with 310 CMR 30.353(1)(a) only, need not include the following wastes, provided such wastes have already been counted once upon generation:1. hazardous waste which is removed from on-site accumulation;2. hazardous waste produced by on-site treatment of hazardous waste;3. hazardous waste produced by on-site recycling of regulated recyclable material;4. spent material that is either a Class B or C regulated recyclable material, provided such material is generated, reclaimed, and subsequently reused at the site of generation; or5. hazardous waste received as a rejected load or residue from a designated facility in compliance with 310 CMR 30.340(9).(3) A Very Small Quantity Generator shall comply with the requirements set forth or referred to in 310 CMR 30.353, and need not comply with any other generator requirements of 310 CMR 30.300. However, a Very Small Quantity Generator may manage its regulated recyclable materials in compliance with 310 CMR 30.200 and manage its universal wastes in compliance with 310 CMR 30.1000. A person who is not in compliance with the requirements set forth or referred to in 310 CMR 30.353 shall have the status of a Small Quantity Generator, a Large Quantity Generator, or the owner or operator of a facility, as the case may be, and shall comply with all requirements in 310 CMR 30.000 applicable to the status he has at the time.(4) A Very Small Quantity Generator shall handle all hazardous waste generated, accumulated or treated in a manner which neither could nor does endanger public health, safety, or welfare, or the environment, and in compliance with all applicable local, State, and Federal laws and regulations.(5) A Very Small Quantity Generator shall notify the Department in writing of its activity involving hazardous waste or regulated recyclable material pursuant to 310 CMR 30.060 through 30.064. If the Very Small Quantity Generator intends to transfer custody or possession of the hazardous waste or regulated recyclable material to another person or persons, the notification shall set forth the name, address, and EPA identification number, if applicable, of each such person. If the Very Small Quantity Generator intends to itself treat or recycle the hazardous waste or regulated recyclable material, the notification shall set forth the process by which the hazardous waste or regulated recyclable material shall be treated or recycled. If the site has an EPA identification number or a Massachusetts identification number, that number shall be included in the notification. An identification number for the site is required if the Very Small Quantity Generator is using a manifest.
(6) A Very Small Quantity Generator shall comply with the following:(a)310 CMR 30.001 through 30.040 - General provisions, definitions, imminent threats and presumption of irreparable harm, and 30.100 - Identification and Listing.(b)310 CMR 30.301(1) through (3) - Purpose, scope, and applicability of generator regulations.(c)310 CMR 30.302 - Determine whether the waste is hazardous. However, a Very Small Quantity Generator need not comply with the land disposal restrictions set forth in 310 CMR 30.750, including the use of multiple waste codes and the determination of underlying hazardous constituents. (See310 CMR 30.302 and 30.103.)(d)310 CMR 30.303(1), (2), (3)(b) and (9) - Requirements governing identification numbers and change of status requests.(e)310 CMR 30.310 through 30.315 (as applicable), as well as 310 CMR 30.331(1), (2), (3)(b), (4) and 30.333 (provided a manifest is required or otherwise used), and 310 CMR 30.334 - manifesting, recordkeeping and reporting.(f)310 CMR 30.351(5)(a)3., 30.352 and 30.361.(g) The container management standards at 310 CMR 30.682 through 30.684, and 30.685(1) and (2), 30.688(2) through (4), and 30.689 as well as the tank management standards at 310 CMR 30.695(3) and (5).(h)310 CMR 30.341(3) through (5) (general accumulation standards), 30.342(1)(e) (containment for accumulation in containers), and 30.343(1)(d) (containment for accumulation in tanks).(i) A Very Small Quantity Generator may, for any length of time, without being licensed pursuant to 310 CMR 30.000, or having interim status, and without complying with 310 CMR 30.353(6)(g) and (h), accumulate hazardous waste or waste oil in containers at or near each specific point of generation where wastes initially accumulate, provided that all of the following requirements are met:1. The wastes must be generated as a result of a process occurring at the specific point of generation where the wastes are initially accumulated;2. Each specific point of generation where wastes initially accumulate, and each satellite accumulation container, shall be under the control of the key staff individual directly responsible for the process resulting in the generation of such wastes;3. For each specific point of generation, only one container per wastestream may be used at any one time. The maximum capacity of said container shall be 55 gallons;4. Within three days of the time a generator fills a container, the generator shall, with respect to that container and all the hazardous waste or waste oil accumulated therein, come into full compliance, and thereafter remain in full compliance, with 310 CMR 30.353(6)(g) and (h). If a generator is subject to the preceding sentence, said generator shall, until it comes under full compliance with 310 CMR 30.353(6)(g) and (h) continue to comply with 310 CMR 30.353(6)(i).5. The generator shall at all times comply with the requirements set forth in 310 CMR 30.342(1)(e)1., 30.682 through 30.685(1) and (2), and 30.688(4).(7) A Very Small Quantity Generator may transport hazardous waste off the site of generation without having to obtain a license to transport hazardous waste or a vehicle identification device for the vehicle in which the hazardous waste is transported, and without having to use a hazardous waste manifest, but only if all of the following requirements are met:(a) The generator may not collect or transport any hazardous waste except hazardous waste generated by that generator.(b) Notwithstanding 310 CMR 30.353(7)(a), a generator may collect and transport hazardous wastes from another generator provided that such transport is done in compliance with 310 CMR 30.353(7) and: 1. every generator from whom waste is collected has notified as a VSQG; and2. every generator has the same owner or operator as the generator who collects and transports the waste.(c) the transport of the hazardous waste is not prohibited by the DOT pursuant to 49 CFR 172.101(d).(d) The generator may deliver the hazardous waste only to a destination described in 310 CMR 30.353(8).(e) The generator may not transport more, in the aggregate, than 200 kilograms of hazardous waste in any one vehicle at any one time. Such hazardous waste may be transported only in containers.(f) The generator shall transport the hazardous waste only in containers that are1. compatible with the waste; and3. tightly secured to the vehicle in which they are transported; and4. clearly marked and labelled in a manner which identifies, in words, the hazardous waste(s) in the container (e.g., acetone, toluene) and the hazard(s) associated with the waste (e.g., ignitable, toxic, dangerous when wet); and5. clearly marked with the words "Hazardous Waste"; and6. in compliance with applicable regulations and standards of the DOT and the Massachusetts Department of Public Works, and the Massachusetts Board of Fire Prevention Regulations, 527 CMR 1.00 through 24.00.(g) Hazardous wastes that are incompatible with each other shall not be transported in the same vehicle at the same time.(h) At all times while hazardous waste is in the vehicle, a copy of the generator's most recent registration with the Department shall be in the vehicle at a location where the operator of the vehicle can obtain quick and easy access to it. Said registration shall be made available to Department or law enforcement personnel on request. If the generator transports hazardous wastes to an event or center pursuant to 310 CMR 30.353(8)(e), said registration shall be made available to the transporter at the event or the attendant at the center.(i) In the event that a fire, explosion, spill or other release or threat of release of oil, hazardous waste, or hazardous material occurs during transport, the generator shall take all appropriate action to protect public health, safety, and welfare and the environment, and shall1. Immediately notify the local fire and police departments; and2. Call the Bureau of Waste Site Clean-up at the Department's Regional Office serving the location where the release or threat of release occurred when required by and within the time frames established pursuant to 310 CMR 40.0311 through 40.0317. To report a release after normal business hours, dial (617) 556-1133, (888) 304-1133 (or such other telephone number as may be designated by the Department) or follow any instructions provided on the answering message for the Regional Office.3. In addition to the notification requirements of 310 CMR 30.353(7)(i)1. and 2., when a fire, explosion, spill or other release could threaten public health, safety, welfare, or the environment, the generator shall immediately notify the National Response Center at its 24-hour toll-free number (1-800-424-8802) and provide the information required pursuant to 310 CMR 30.351(9)(i)2.a. through g.(j) The vehicle in which the hazardous waste is transported shall go directly to the intended destination, without any stops or detours in between except those allowed pursuant to 310 CMR 30.353(7)(b) and those reasonably and immediately necessary in response to road conditions, the driver's need for nourishment or rest, the vehicle's need for service or maintenance, or emergencies.(k) The generator shall comply with the requirements set forth or referred to in 310 CMR 30.353(9).(l) The generator shall placard the vehicle when so required by DOT pursuant to 49 CFR 172.504.(8) A Very Small Quantity Generator sending hazardous waste off the site of generation shall send that material only to: (a) A facility or person listed or described in 310 CMR 30.305;(b) A Large Quantity Generator who is in compliance with 310 CMR 30.340;(c) A Small Quantity Generator who is in compliance with 310 CMR 30.351;(d) A Very Small Quantity Generator who is in compliance with 310 CMR 30.353; or(e) An event pursuant to 310 CMR 30.392 or a center pursuant to 310 CMR 30.393.(9) A Very Small Quantity Generator shall prepare shipping papers if a hazardous waste manifest does not accompany a shipment of hazardous waste. The shipping papers shall identify the generator of the hazardous waste being transported, the quantity and name of the hazardous waste being transported, and the destination to where the hazardous waste is being transported. The Very Small Quantity Generator shall present two copies of the shipping papers together with the hazardous waste being shipped to the person receiving the material. The person receiving that material shall mark the two copies of the shipping papers provided with the date the delivery was accepted. Both the person receiving the material and the Very Small Quantity Generator delivering the material shall sign both copies of the shipping papers to acknowledge acceptance of the materials described. The person receiving the material and the Very Small Quantity Generator delivering the material shall each keep one copy of the signed shipping papers in their records for at least three years after possession of the material is transferred from the Very Small Quantity Generator to the person receiving the material. Such records shall be furnished upon request of, and made available at all reasonable times for inspection by, any duly designated officer, employee, or representative of the Department or of the EPA.(10) A Very Small Quantity Generator may treat hazardous waste without having to obtain a license or interim status but only if all of the following requirements are met: (a) The Very Small Quantity Generator shall treat only hazardous waste it generates.(b) The Very Small Quantity Generator shall treat the hazardous waste only at the site of generation of that waste.(c) The intended and actual result of the treatment shall be only neutralizing the waste or rendering the waste less hazardous or nonhazardous by means other than thermal treatment. All other treatment, including thermal treatment and all disposal, shall be subject to 310 CMR 30.353(12).(d) The Very Small Quantity Generator shall maintain its status as a Very Small Quantity Generator in good standing at all times in compliance with 310 CMR 30.353.(e) Waste oil and used oil fuel shall not be blended, mixed, commingled, or otherwise treated with any other hazardous waste identified or otherwise described in 310 CMR 30.100.(f) On and after November 15, 2019, a Very Small Quantity Generator shall not newly acquire and utilize a drum-top crusher to crush mercury-containing lamps without first obtaining a license to treat hazardous waste. One year after November 15, 2019, a Very Small Quantity Generator that acquired a drum top crusher prior to November 15, 2019, may not continue to utilize the drum top crusher to crush mercury-containing lamps without obtaining a license to treat hazardous waste.(11) A Very Small Quantity Generator may recycle regulated recyclable materials without having to obtain a license, interim status, or any recycling permit, but only if all of the following requirements are met:(a) The Very Small Quantity Generator shall recycle only regulated recyclable material it generates.(b) The Very Small Quantity Generator shall recycle the regulated recyclable material only at the site of generation of that material.(c) The Very Small Quantity Generator shall comply with all applicable standards and requirements set forth in 310 CMR 30.200 governing the activity in question except the requirements for obtaining a recycling permit or a license.(d) The Very Small Quantity Generator shall maintain its status as a Very Small Quantity Generator in good standing at all times in compliance with 310 CMR 30.353.(e) Regulated recyclable materials, other than those described at 310 CMR 30.231(2), shall not be used in a manner constituting disposal unless managed in compliance with 310 CMR 30.353(12).(f) Waste oil and used oil fuel shall not be blended, mixed, commingled, or otherwise treated with any other hazardous waste identified or otherwise described in 310 CMR 30.100.(12) Except as provided in 310 CMR 30.353(7), (8), (10) and (11), (a) the collection, transport, storage, treatment, and disposal of hazardous waste generated by a Very Small Quantity Generator shall be in compliance with 310 CMR 30.304, 30.305, 30.400 through 30.900, and all other applicable provisions of 310 CMR 30.000; and(b) the recycling of regulated recyclable materials generated by a Very Small Quantity Generator shall be in compliance with 310 CMR 30.200, and all other applicable provisions of 310 CMR 30.000.Amended by Mass Register Issue 1404, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.