Section 30.750 - Land Disposal Restrictions(1)310 CMR 30.750 identifies those wastes which shall not be land disposed and describes the limited circumstances under which an otherwise prohibited waste may continue to be land disposed. (a) The requirements for hazardous wastes that are prohibited or restricted from land disposal are contained in the following provisions which are hereby incorporated by reference: 40 CFR 268.1 through 268.4; 268.7, 268.9(b) through (d); 268.14, 268.20, 268.30 through 268.50 (except for 268.42(b) and 268.44(a) through (g)); and Appendices III, IV, VI, and XI, subject to the exceptions, modifications and additions set forth in 310 CMR 30.750(2) and (3).(b) The requirements regarding the use of hazardous waste numbers for hazardous wastes that are prohibited or restricted from land disposal are contained in 310 CMR 30.103 and 30.302 rather than incorporating by reference 40 CFR 268.9(a).(c) The following requirements are not incorporated by reference but instead will continue to be administered and enforced by EPA:1.40 CFR 268.5, 268.6, 268.42(b) and 268.44(a) through (g);2. "effective dates" referenced within 40 CFR 268.20 through 268.50 to the extent that they are earlier than the effective dates of these state regulations under 310 CMR 30.004; and3. Appendices VII and VIII.(2) Notwithstanding any of the incorporated provisions of 40 CFR 268 to the contrary, the following provisions of the federal land disposal restrictions shall not be incorporated into 310 CMR 30.000 and shall not have effect within the Commonwealth of Massachusetts:(a) In 40 CFR 268.1(c)(3), 268.2 (definition of land disposal), 268.7(a)(7), 268.37(a) and (b), 268.38(a) and(b), 268.39(b), 268.40(e), fn. 9 of the Treatment Standards Table, and any other applicable provisions - any phrase implicitly or explicitly allowing the use of underground injection within the Commonwealth of Massachusetts as an allowable means of hazardous waste disposal is precluded from having effect within the Commonwealth of Massachusetts. The use of underground injection as a means of land disposal within the Commonwealth of Massachusetts is prohibited.(b)40 CFR 268.1(e)(2) - Hazardous waste pesticides discarded by farmers, even when managed in compliance with 40 CFR 262.70, remain subject to the provisions of 310 CMR 30.000 including 30.750.(c)40 CFR 268.2(b), (c), (e), (g) and (h) - The definitions of "Debris", "Hazardous constituent or constituents", "Hazardous debris", "Land disposal", "Polychlorinated biphenyls or PCBs" at 310 CMR 30.010 shall apply in lieu of the federal definitions.(d) In 40 CFR 268.7(a)(9), 268.42(c), Appendix IV, and any other applicable provisions - any phrase implicitly or explicitly allowing the land disposal of lab packs, or ignitable or reactive hazardous wastes, within the Commonwealth of Massachusetts shall not have effect within the Commonwealth of Massachusetts. The placement of any lab packs containing hazardous waste, or ignitable or reactive hazardous wastes, in any land disposal unit within the Commonwealth of Massachusetts are both prohibited. Persons shipping lab packs for land disposal in other States, or for incineration, shall comply with the requirements specified in 40 CFR 268.42(c).(e)40 CFR 268.2(k) - The definition of "Soil" at 310 CMR 40.0006 is incorporated by reference and shall apply in lieu of the federal definition.(f)40 CFR 268.4(a)(3)(ii) and (iii) - The waiver and variance provisions for surface impoundments, are inapplicable within the Commonwealth of Massachusetts.(g)40 CFR 268.44(h) through (o) - No variance from treatment standards shall be granted by the Department.(h) In 40 CFR 268.7(a)(5), 268.50(a)(1), and any other applicable provisions - any phrase implicitly or explicitly allowing generators to conduct treatment other than that which is allowed pursuant to 310 CMR 30.300 and any phrase explicitly or implicitly allowing generators or licensed facilities to accumulate, store or treat hazardous waste in containment buildings shall not have effect within the Commonwealth of Massachusetts.(3) References to federal provisions within the incorporated provisions of 40 CFR 268 are adopted subject to the following supplementations or substitutions of state terms for the federal program references cited therein: (a) Statutory references within the incorporated provisions of 40 CFR Part 268 are supplemented in accordance with 310 CMR 30.750: Table 1: 30.750: Table 1.
Federal Reference: | Corresponding Reference included at 310 CMR 30.750: |
Resource Conservation and Recovery Act (RCRA), "Subtitle C" or particular sections within RCRA | M.G.L. c. 21C and implementing regulations; provided however, authority to act relative to RCRA Section 3004(h) remains with EPA |
federal permit issued pursuant to § 402 (NPDES) or § 307 (pretreatment) of the Clean Water Act (CWA) | permit issued pursuant to comparable state statutory provisions such as M.G.L. c. 21 and implementing regulations |
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or particular sections within CERCLA | M.G.L. c. 21E and implementing regulations or the comparable state provisions within M.G.L. c. 21E and implementing regulations |
Clean Air Act (CAA) or particular sections within the CAA | M.G.L. c. 111, § 142A through § 142O and implementing regulations or the comparable state provisions within M.G.L. c. 111, § 142A through § 142O and implementing regulations |
"Subtitle D facility" or "RCRA Subtitle D facility" | facility permitted pursuant to comparable state statutory provisions such as M.G.L. c. 111, §150A (Solid Waste Management Act) and implementing regulations |
Clean Water Act (CWA) or particular sections within the CWA | M.G.L. c. 21 and implementing regulations or the comparable state provisions within M.G.L. c. 21 and implementing regulations |
(b) Unless otherwise specified in 310 CMR 30.750: Table 3, state regulatory references are substituted for the federal regulatory references within the incorporated provisions of 40 CFR Part 268 in accordance with 310 CMR 30.750: Table 2: 30.750: Table 2. | Federal Reference to provisions within 40 CFR: | Corresponding Reference Within 310 CMR to be Referenced Within 310 CMR 30.750: |
| 260.10 | 30.010 |
| 260.11/SW-846 incorporation at 260.11 | 30.012(1) |
| Part 261 | 30.100 |
| Subpart C of Part 261. | 30.120 - 30.125 |
| Subpart D of Part 261. | 30.130 - 30.136 |
| 261.21 | 30.122 |
| 261.22 | 30.123 |
| 261.23 | 30.124 |
| 261.24 | 30.125 |
| 261.31 | 30.131 |
| 261.32 | 30.132 |
| 261.33 | 30.133 (for U wastes)/30.136 (for P wastes) |
| 262.11 | 30.302 |
| 262.34 | 30.300 |
| 264.13/265.13 | 30.513 |
| Subpart F of Part 264/Subpart F of Part 265 | 30.660 |
| Subpart O of Part 264 | 7.00 |
| Subpart H of Part 266 | 30.240 |
| 266.20(b) | 30.231(6) |
| 264.554 | 30.602(14) |
| debris excluded from the definition of hazardous waste under § 261.3(f) of this chapter | debris exempt from 310 CMR 30.000 pursuant to 310 CMR 30.104(2)(w) |
(c) The following specific state regulatory references are substituted for the federal regulatory references within the incorporated provisions of 40 CFR Part 268 in accordance with 310 CMR 30.750: Table 3: 30.750: Table 3.
| 40 CFR 268 provision | affected Internal Reference within incorporated provision | Corresponding Reference to 310 CMR 30.000 |
| 268.31(c) | "parts 264 and 265 of this chapter" | 30.610 and 30.620 |
| 268.42, table 1 | 40 CFR 260.10(1), (6), (7), (11) & (12) | 30.010, industrial Furnace (a), (f), (g) and (k) |
| 268.50(a)(1) | "parts 264 and 265 of this chapter" | 30.500 through 30.707 and 30.900 |
| 268.50(a)(2)(ii) | 264.73 or 265.73 | 30.542 |
| 268.4(a)(2)(ii) | 260.22 | 30.142 |
| 268.4(a)(3) | 264.221(c) or 265.221(a) | 30.612 or 30.099(6)(g) referencing 265.221(a), respectively |
| 268.7(a)(1) | 268.9 | 30.103 and 30.750(1) referencing 268.9(b) |
| 268.7(d)(2) | 261.3(f)(1) | 30.104(2)(w) |
(d) Additional modifications to the incorporated provisions of 40 CFR 268 are as follows: 1.40 CFR 268.1(b) is modified to read as follows: Except as specifically provided otherwise in this part, 310 CMR 30.100, or 30.353, the requirements of this part apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.2. At 40 CFR 268.1(e)(1), replace "small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than one kilogram of acute hazardous waste per month, as defined in § 261.5 of this chapter" with "Very Small Quantity Generators managing waste in compliance with 310 CMR 30.353".3.40 CFR 268.1(f) is modified to read as follows: Universal waste handlers and universal waste transporters managing universal waste in compliance with 310 CMR 30.1000 are exempt from 40 CFR 268.7 and 268.50.4.40 CFR 268.2 is modified by adding that "Administrator", "Regional Administrator", "EPA Regional Administrator", "EPA Regional Administrator (or his designee) or State authorized to implement part 268 requirements" shall mean "Department" except in regards to the federally enforceable provisions referenced at 310 CMR 30.750(1)(c).5.40 CFR 268.3 is modified by adding the following: Any deliberate mixing of one or more prohibited hazardous wastes with debris that changes its treatment classification from waste to hazardous debris or debris is prohibited.6.40 CFR 268.4(a)(3) is modified to read as follows: Except as provided in 310 CMR 30.613(4), a surface impoundment shall meet the design requirements set forth in 310 CMR 30.612, regardless of whether or not the unit is new, expanded, or a replacement. The impoundment shall be in compliance with all applicable ground water monitoring requirements set forth in 310 CMR 30.660.7.40 CFR 268.7(a)(1) is modified by replacing "RCRA-permitted hazardous waste treatment facility" with "a treatment facility licensed pursuant to 310 CMR 30.800".8.40 CFR 268.7(a)(7) is modified to read as follows: If a generator determines that he is managing a prohibited waste that is exempted from regulation under 310 CMR 30.000 subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified at 310 CMR 30.104(1)(b) or that are CWA-equivalent), the generator must place a one-time notice describing such generation, subsequent exclusion from hazardous waste regulation, and the disposition of the waste, in the generator's on-site files.9.40 CFR 268.7(a)(8), last sentence is revised to read as follows: The requirements of this paragraph apply to wastes even when the hazardous characteristic is removed prior to disposal or when the waste is exempted from regulation subsequent to the point of generation.10.40 CFR 268.7(a)(10) is modified by replacing "small quantity generators with tolling agreements pursuant to 40 CFR 262.20(e) " with "small quantity generators that reclaim waste pursuant to a contractual agreement in compliance with 310 CMR 30.314 ".11.40 CFR 268.7(e)(2) is modified to read as follows: Maintain that information in the generator's and/or the facility's files and other records for a minimum of three years.12. At 40 CFR 268.33(d)(1) and footnote 12 to 268.40, Treatment Standard Table, "Subtitle C monofill" is hereby replaced with "hazardous waste landfill".13. At 40 CFR 268.33(d)(2), footnote 12 to 268.40, Treatment Standard Table, at 268.45(c), and at 268.49(e)(2)(A), "Subtitle C" or "RCRA Subtitle C" is replaced with "hazardous waste".14. At 40 CFR 268.40, in note regarding Lead Acid Batteries Subcategory (see D008), note is modified by replacing "EPA regulations (see 40 CFR 266.80) " with "hazardous waste regulations (See 310 CMR 30.280.)."15. At 40 CFR 268.50(a)(3), "transfer facility for ten days or less" is replaced with "transfer- related area in compliance with 310 CMR 30.408 ".16. At 40 CFR 268.7(a)(9)(iii), "D001 - D0043" is replaced by "D001 - D008 and D010 - D043."