Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL
Section 40.0347 - Characteristics of Hazardous Material

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0347

Current through Register 1531, September 27, 2024

310 CMR 40.0347 describes the characteristics of materials that are hazardous materials but that may not be listed at 310 CMR 40.1600. Any material that exhibits one or more of the following characteristics is subject to 310 CMR 40.0000, unless it is specifically excluded from regulation thereunder.

(1) Ignitability:

(a) A substance is a hazardous material if a representative sample exhibits any of the following properties:

1. it is a liquid and has a flash point of less than 60°C [approximately 140°F]. However, an aqueous solution of ethyl alcohol which contains less than 24% alcohol by volume is not considered ignitable under 310 CMR 40.0000;

2. it is not a liquid and is capable under standard temperature and pressure of catching fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard;

3. it is a compressed gas and ignitable; or

4. it is an oxidizer;

(b) The flash point of liquids shall be determined by any of the following methods:

1. a Pensky-Martens Closed Cup Tester, using the test method specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods";

2. a Setaflash Closed Cup Tester, using the test method specified in 310 CMR 30.152(1)(a); or

3. an equivalent test method approved by the Department;

(c) Compressed gas shall be characterized as ignitable if any of the following occurs when the gas is subjected to any of the following tests:

1. either a mixture of 13% or less (by volume) with air forms a flammable mixture or the flammable range is wider than 12% regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure using sampling methods and test procedures acceptable to the U.S. Bureau of Explosives;

2. using the Flame Projection Apparatus of the U.S. Bureau of Explosives, the flame projects more than 18 inches beyond the ignition source with the valve opened fully, or the flame flashes back and burns at the valve with any degree of valve opening;

3. using the Open Drum Apparatus of the U.S. Bureau of Explosives, there is any significant propagation of flame away from the ignition source; or

4. using the Closed Drum Apparatus of the U.S. Bureau of Explosives, there is any explosion of the vapor-air mixture in the drum.

(2) Corrosivity:

(a) A material is a hazardous material if a representative sample exhibits any of the following properties:

1. it is aqueous and has a pH equal to or less than 2.0 or equal to or greater than 12.5;

2. it is a liquid and corrodes steel (Type SAE 1020) at a rate greater than 6.35 mm per year at a test temperature of 55 °C; or

3. it is a liquid or solid that causes visible destruction or irreversible alterations in mammalian skin tissue at the site of contact.

(b) pH shall be determined by a pH meter using either method 5.2 in the "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods" or by an equivalent test method approved by the Department.

(c) The rate of corrosion of steel shall be determined by the test method specified by the National Association of Corrosion Engineers, standard TM-01-60, as standardized in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods" or by an equivalent test method approved by the Administrator of EPA or by the Department.

(3) Reactivity. A material is a hazardous material if a representative sample exhibits any of the following properties:

(a) it is normally unstable and readily undergoes violent changes without detonating;

(b) it reacts violently with water;

(d) when mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to health, safety, public welfare, or the environment;

(e) it is a cyanide or sulfide-bearing material which, when exposed to a pH of between 2.0 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to health, safety, public welfare, or the environment;

(f) it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;

(g) it is readily capable of detonation or explosive decomposition or reaction at a standard temperature and pressure; or

(h) it is a forbidden explosive, a Class A or Class B explosive, as defined in 49 CFR §§ 173.50, 173.53 and 173.88, respectively.

(4) Toxicity. A material is a hazardous material if it exhibits the characteristic of toxicity described at 310 CMR 30.125: Toxicity Characteristic (TC), unless specifically excluded.

(5) Infectious Material. Infectious materials are those materials, that, because of their infectious characteristics may:

(a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Infectious materials include but are not limited to those infectious wastes described in 105 CMR 130.360: Medical Waste Disposal. Infectious materials are hazardous materials subject to 310 CMR 40.0000, unless specifically excluded from regulation thereunder.

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