ECAR Fact Sheet for Massachusetts
Hazardous Wastes

Massachusetts's hazardous waste management rules include the federal Resource Conservation and Recovery Act (RCRA) rules and several more stringent state requirements. The state's rules apply to hazardous waste generators; transporters; handlers of universal wastes; and handlers of used oil. For more information, click on the state Hazardous Waste regulations or contact the Massachusetts Department of Environmental Protection (DEP).

Regulations

Hazardous Waste Determination.  It is the responsibility of all solid waste generators to determine whether their waste is hazardous. Massachusetts regulates more wastes as hazardous wastes than are regulated under the federal rules.  Check the state’s Listed Wastes to see if your waste is hazardous.

Other wastes are designated "hazardous" if they contain any of the following characteristics:

1. IGNITABLE - combustible under certain conditions
2. CORROSIVE - highly acidic, basic and/or capable of corroding metal
3. REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
4. TOXIC - harmful or fatal when ingested or absorbed

Hazardous waste generated by auto recycling/salvage yards may include (but are not limited to):

• Spent solvents
• Solvent contaminated wipers/shop towels
• Waste paints
• Mercury switches
• Used antifreeze
• Used oil
• Gasoline
• Lead-acid batteries.

Generator Rules.  If you manage hazardous waste, you must determine your generator status. Two activities determine your generator category: the rate at which you generate and how much you store. The amount and length of time you can accumulate your wastes varies according to the type of waste.

• A Large Quantity Generator (LQG) generates more than 1,000 kilograms (2200 lbs.) of hazardous waste in a month, or more than l kilogram of acutely hazardous waste (acutely hazardous waste is listed in the Massachusetts regulations, 310 CMR 30.136). The waste must be shipped within 90 days. There is no limit to the amount which can be accumulated.

• A Small Quantity Generator (SQG) generates less than 1000 kilograms in a month, and/or less than 1 kilogram of acutely hazardous waste. The waste must be shipped within 180 days and is limited to 6000 kilograms in underground tanks and 2000 kilograms in above ground containers.

• A Very Small Quantity Generator (VSQG) generates less than 100 kilograms in a month and generates no acutely hazardous waste. VSQG are required to obtain a Class A permit.

VSQGs. If you generate less than 100 kgs a month of hazardous waste, and no acutely hazardous waste, you are eligible to register as a VSQG. To qualify, you must comply with the following requirements:

• Register your waste management plan with DEP and follow prescribed used oil housekeeping requirements.
• Recycle or treat your waste in accordance with approval by DEP.
• Transport your waste to another generator who is in compliance with the regulations and who will count your waste as part of their generation, or, transport your waste in your own vehicle to a licensed treatment, storage or disposal facility, or permitted recycling facility, by pre-arrangement.
• Use a licensed transporter and a manifest form.
• Save your records for at least 3 years.

VSQG Hazardous Waste Self-Transport. As a registered VSQG you may transport your own hazardous waste under the following conditions:

• You transport only the waste that you generated on your premises.
• You do not transport more than 200 kgs at one time.
• Your waste is in containers that are no larger than 55 gallons in volume, compatible with the waste, tightly sealed, and labeled as "HAZARDOUS WASTE.” Also, waste must be labeled with the name of the waste and the type of hazard, and tightly secured to the vehicle.
• You may not transport incompatible wastes in the same shipment.
• You must have a copy of your registration with DEP in the vehicle;
• You must comply with applicable federal and state transportation and public safety requirements.

If you are not using a licensed transporter but are transporting your own wastes, you do not need a manifest form. You must, however, keep a record of the type and quantity, as well as the date, of the transport and treatment or disposal of your waste. You will need proof of the receipt of the waste by the facility or generator.

You must keep receipts or manifests of waste shipped and records of waste analysis for at least 3 years, or for the duration of any enforcement action by DEP.

VSQG Accumulation Limits. You may accumulate up to 600 kgs (approximately 165 gallons or three 55 gallon drums) of hazardous waste in containers that meet the standards with no time limit.

VSQG Compliance Fee. There is no annual compliance assurance fee for Very Small Quantity Generators.

Storage of Used Oil – Above Ground Tanks and Containers. 

• Each container and tank must be clearly and visibly labeled throughout the period of accumulation with the words "HAZARDOUS WASTE,” the name of the waste and the type of hazard (only for SQG, the date on which accumulation began must be listed).
• Each container must be in good condition.
• Wastes of different types must be segregated. This includes not mixing waste oil or used fuel oil with other wastes. Be careful not to put incompatible  wastes in the same container or put wastes in unwashed containers that previously held incompatible wastes.
• Separate containers of incompatible wastes by a berm, dike, or similar structure.
• Each container holding hazardous wastes must be tightly closed throughout the period of accumulation, except when the waste is being added or removed.
• Containers holding ignitable or reactive wastes must be at least 15 meters (50 ft.) from the property line. If this is not possible or practical, you must store such containers in compliance with all applicable local ordinances and by-laws.
• Inspect your accumulation area at least once a week for any leaking or deterioration of your containers. You must have enough aisle space between your containers to allow for inspections.

Storage of Used Oil – Underground Storage Tanks.

• All underground tanks must have tight caps, leak detection devices and cathodic protection with an overflow and spill prevention device.
• Tanks must have continuous leak detection capability through an in-tank monitoring device or be double-walled.
• Keep a log of all test results, beginning and ending measurements, variation and average figures, for at least 3 years.
• Report a difference of a month's average greater than 5 gallons (for tanks containing 550 gallons or less) to your DEP regional office.

Many of the used oil regulations relate to good housekeeping practices.  As a used oil generator, you must comply with the following:

• Above-ground tanks and containers must be on a surface which does not have any cracks or gaps and is impervious to the hazardous wastes being stored and on pallets if containers are stacked.
• Area must be secured against unauthorized entry.
• Area must be clearly marked (e.g., by a visible line or tape, or by a fence) and be separate from any points of generation.
• Area must be posted with a sign: "HAZARDOUS WASTE" in capital letters at
• least one inch high.
• An outdoor area must have secondary containment, such as a berm or dike,
• which will hold any spill or leaks at 10% of the total volume of the containers, or 110% of the volume of the largest container, whichever is larger.
• Any spillage must be promptly removed.
• In general, if the hazardous waste being stored has no free liquids, no pad or berm is required, provided that the accumulation area is sloped, or the containers are elevated. k all exits clearly.

Notify Local Authorities. You must make every reasonable attempt to familiarize your local fire, police, health and emergency response agencies, and hospitals about the waste you generate or store. You must attempt to execute a response agreement with a primary emergency authority.

Emergency Coordinator. You must designate at least one employee to be on call (or on the premises) at all times.

Emergency Response. You must have posted next to each telephone near your waste generation area the contact information for emergency coordinator and fire department, the location of fire control equipment and alarms, and evacuation routes.

For more information, visit ECAR’s RCRA/Hazardous Waste Resource Locator.

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