Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities
Section 8.03 - RCRA Facilities Subject to 314 CMR 8.00
Universal Citation: 314 MA Code of Regs 314.8
Current through Register 1531, September 27, 2024
(1) What is a RCRA Facility. A "RCRA facility" for purposes of 314 CMR 8.00 and 314 CMR 2.00: Permit Procedures, 3.00: Surface Water Discharge Permit Program, and 5.00: Groundwater Discharge Permit Program, is a wastewater treatment works which treats, stores or disposes of hazardous waste generated at the same site by the same owner or operator and which has a wastewater discharge permitted pursuant to M.G.L. c. 21, § 43, and 314 CMR 3.00 or 5.00;
(2) RCRA Facilities Shall Include:
(a) A wastewater
treatment unit.
(b) A surface
impoundment that treats an influent wastewater which is a hazardous waste, or
treats or accumulates, as part of the treatment process, a wastewater treatment
sludge which is a hazardous waste, but not including any surface impoundment
used solely for accumulation or storage of such wastewater or sludge prior to
disposal.
(c) A POTW that
generates, accumulates, treats, stores, recycles, or disposes of a hazardous
waste.
(3) A RCRA Facility Does Not Include:
(a) Any facility identified in 314 CMR
8.03(2) which does not have a valid permit for its wastewater discharge under
M.G.L. c. 21, § 43, and
314 CMR 3.00: Surface
Water Discharge Permit Program or 5.00: Groundwater Discharge
Permit Program including any facility exempted from permit
requirements under
314 CMR 3.05:
Exemptions or 5.05: Activities Not Requiring a
Permit;
(b) Any facility
which receives hazardous waste from off the site of the facility;
(c) Any facility or portion of a facility
used to conduct hazardous waste management activities other than those
identified in 314 CMR 8.03(2) including, but not limited to:
1. For non-POTWs, the generation of hazardous
wastes; the accumulation and storage of hazardous waste prior to transportation
off site or disposal on site, except where such accumulation is part of the
treatment process; the recycling or reuse of hazardous waste; or the disposal
of hazardous waste by landfill, land treatment or incineration; and
2. The off site transportation of hazardous
waste, or the transfer of custody or possession of hazardous waste for
transportation off site.
Facilities or portions of facilities engaged in such activities are subject to the provisions of 310 CMR 30.000: Hazardous Waste and not 314 CMR 8.00.
(d) Any
"treatment which is an integral part of the manufacturing process" as defined
in 314 CMR 8.03(d). "Treatment which is an integral part of the manufacturing
process" means any treatment method or technique which is at the site of
generation of the waste and:
1. If the
treatment method or technique is not primarily for the purpose of recycling
hazardous waste, the treatment unit shall be:
a. Directly connected via pipes or the
equivalent from an industrial production process (i.e., a
process which produces a product, produces an intermediate, produces a
by-product, renders a service (e.g., dry cleaning), or
produces a material which is used back in the production process);
and
b. Totally enclosed so that it
is designed, constructed and operated to prevent spills, leaks or emissions of
hazardous materials to the environment. A treatment unit may be deemed "totally
enclosed" if it is completely contained on all sides (i.e., an
open-topped tank or treatment vessel shall not be deemed totally enclosed). If
a treatment unit is vented, it may be deemed "totally enclosed" only if such
vent(s) is designed to prevent overflow of liquid and emissions of gases,
vapors or aerosols where such events might occur through normal operation,
equipment failure or process upsets. This shall be accomplished with the use of
suitable traps, recycle lines, sorption units or the equivalent. If the
effluent from the treatment unit discharges to surface water, ground water or a
sewer, the treatment unit may be deemed "totally enclosed" only if all
discharges are in compliance with all applicable Federal, State and local laws,
regulations and permits. If one unit operation in a series of unit operations
is not totally enclosed or connected by pipe to the unit immediately upstream
from that unit, then only unit operations upstream from that unit may be deemed
"treatment which is an integral part of the manufacturing process";
or
2. If the treatment
method or technique is primarily for the purpose of recycling the hazardous
waste and hazardous waste constituents for reintroduction into the industrial
production process, the treatment unit shall be totally enclosed as specified
in 314 CMR 8.03(3)(d) l.b. Such a unit need not be directly connected from an
industrial production process as specified in 314 CMR 8.03(3)(d) l.a. in order
to be deemed a "treatment process which is an integral part of the
manufacturing process" provided that, prior to recycling, the hazardous waste
is accumulated in tanks or containers in compliance with
310 CMR
30.340: Large Quantity
Generators or stored in compliance with 310 CMR 30.000:
Hazardous Waste.
(e) Any facility at the site of generation of
waste oil which separates waste oil from non-hazardous wastes, provided that
the separation process shall be conducted in equipment which is constructed of
sturdy, leak-proof material and is designed, constructed, operated and
maintained so as to prevent waste oil from being spilled or leaked into or on
land or water.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
