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 40.0352 - Reportable Quantities for Hazardous Material
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0352
Current through Register 1531, September 27, 2024
(1) Listed Hazardous Material:
(a) Reportable Quantities for listed
hazardous material appear at
310
CMR 40.1600; and
(b) the applicable Reportable Quantity for a
hazardous material that is listed at
310
CMR 40.1600 and that also exhibits one or
more of the characteristics described at
310
CMR 40.0347(1) through (5)
shall be the Reportable Quantity listed at
310
CMR 40.1600 for that particular hazardous
material.
(2) Unlisted Hazardous Materials Identified by Characteristic. The Reportable Quantity for hazardous materials that are not listed at 310 CMR 40.1600 but that exhibit one or more of the characteristics of ignitability, corrosivity or reactivity described at 310 CMR 40.0347(1) through 40.0347(3) or that are infectious materials as described in 310 CMR 40.0347(5) is ten pounds.
(3) Unlisted Hazardous Materials which are Hazardous Material Because They Exhibit the Characteristic of Toxicity:
(a)
The Reportable Quantity for unlisted hazardous materials that exhibit the
characteristic of toxicity under the provisions of
310
CMR 30.125: Toxicity Characteristic
(TC) shall be the Reportable Quantity listed at
310
CMR 40.1600 for the hazardous material on
which the characteristic of toxicity is based. The Reportable Quantity applies
to the entire amount of the unlisted hazardous material and not merely to the
listed component hazardous material. If an unlisted hazardous material exhibits
the characteristic of toxicity on the basis of more than one of its component
hazardous materials, the Reportable Quantity for the entire amount of the
unlisted hazardous material shall be the Reportable Quantity for that component
hazardous material which has the lowest Reportable Quantity in
310
CMR 40.1600.
(b) If an unlisted hazardous material
exhibits the characteristic of toxicity, as described in
310
CMR 30.125B, and one or more of the other
characteristics described in
310
CMR 40.0347(1) through (3),
or in
310
CMR 40.0347(5), the
Reportable Quantity for the entire amount of the unlisted hazardous material
shall be the lowest of the applicable Reportable Quantities.
(4) Mixtures or solutions:
(a) When a mixture or
solution contains one or more component materials that are hazardous materials
which appear at
310
CMR 40.1600 or that exhibit one or more of
the characteristics of ignitability, corrosivity, or reactivity described at
310 40.0347(1) through (3), releases or threats of release to the environment
of the mixture shall be reported to the Department under
310
CMR 40.0311 through
40.0312, when any of the
following conditions exist:
1. the
concentrations of the component hazardous materials are known and the quantity
of any of the component hazardous materials released or threatening to be
released is equal to or greater than the Reportable Quantities for those
component hazardous materials;
2.
the mixture or solution contains at least two component hazardous materials,
the concentrations of the component hazardous materials are known and the
quantity of any of the component hazardous materials released or threatened to
be released does not exceed their respective Reportable Quantity but the total
quantity of the hazardous material in the mixture or solution released or
threatened to be released is equal to or greater than 50 pounds; or
3. the concentrations of the component
hazardous materials are not known, and the total quantity of the mixture or
solution released or threatened to be released is equal to or greater than the
Reportable Quantity for that component hazardous material which has the lowest
Reportable Quantity in
310
CMR 40.1600.
(b) The Reportable Quantity for mixtures
which are hazardous material because they exhibit the characteristic of
toxicity, as described in
310
CMR 30.125: Toxicity Characteristic
(TC), shall be determined according to
310
CMR 40.0352(3).
(c) The Reportable Quantity provisions of
310
CMR 40.0352(4) do not apply
to soils, sediments, residuals, surface waters and groundwaters that are being
managed otherwise in compliance with all federal, state and local laws,
regulations, and ordinances.
(5) Materials Containing Polychlorinated Biphenyls:
(a)
Releases or threats of release to the environment of materials that contain
polychlorinated biphenyls shall be reported to the Department pursuant to
310
CMR 40.0300, if:
1. the concentration of polychlorinated
biphenyls in a material is either unknown or known to be less than 500 ppm, and
the release or threat of release of such material is equal to or greater than
ten gallons; or
2. the
concentration of polychlorinated biphenyls in a material is known or likely to
be equal to or greater than 500 ppm, and the release or threat of release of
such material is equal to or greater than one gallon.
(b) The Reportable Quantity provisions of 310
CMR 40.0352(5) do not apply to soils, sediments, residuals, surface waters and
groundwaters that are being managed otherwise in compliance with all federal,
state and local laws, regulations, and ordinances.
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