During an April 8, 2025 Stakeholder Meeting, the Massachusetts Department of Environmental Protection (MassDEP) presented their preliminary list of proposed amendments to the Massachusetts Hazardous Waste Regulations [310 CMR 30.000]. The changes primarily involve the adoption, or partial adoption, of two existing U.S. Environmental Protection Agency (EPA) rules.
The first regulation being considered for partial adoption is the EPA’s Generator Improvements Rule (GIR) which was published in November 2016. This rule finalized updates to EPA’s waste regulations to make them easier to understand, improve environmental protection, and provide greater flexibility in how hazardous waste is managed.
The partial adoption of the GIR would include the addition of the provisions described below. In some cases, the requirements vary depending on whether the facility is considered a small quantity generator (SQG) or large quantity generator (LQG). No amendments related to very small quantity generators (VSQG) are being proposed.
- Implementation of label updates for SQGs and LQGs that better define risks and hazards of wastes inside tanks and waste containers, including those in satellite accumulation areas (SAAs). The acceptable methods for stating hazards on waste labels would include DOT markings/labeling, OSHA GHS pictograms, and the NFPA diamond, in addition to the previously acceptable designations of hazardous waste characteristics (e.g., ignitable, corrosive, reactive, and toxic).
- Coordination of response arrangements must be initiated by LQGs and SQGs with local emergency planning officials for contingency and emergency response planning.
- Renotification by SQGs to the MassDEP every four years. This is in addition to the initial notification to obtain a hazardous waste generator ID number.
- Preparation of an executive summary of the LQG’s contingency plan (referred to as a quick reference guide) to assist emergency responders to allow for more effective responses to incidents.
- Submission of biennial reports by LQGs that include information on all hazardous wastes generated in the calendar year, not just for the months the facility met LQG status.
- Notification to the MassDEP by LQGs when they plan to close their facilities. In cases where the generator is not able to demonstrate a “clean closure” where hazardous waste and hazardous waste constituents can be removed or decontaminated, they must become subject to the requirements for closure as a landfill.
MassDEP is also proposing to adopt in full EPA’s criteria for legitimate hazardous waste recycling. EPA has made the distinction between real recycling activities—legitimate recycling—and “sham recycling,” an activity undertaken to avoid hazardous waste requirements. The four legitimacy criteria are as follows:
- Legitimate recycling must involve a material that provides a useful contribution to the recycling process or to a product or intermediate of it.
- The recycling process must produce a valuable product or intermediate.
- The generator and recycler must manage the recyclable material as a valuable commodity when it is under their control.
- The product of the recycling process is comparable to a legitimate product or intermediate.
Under the definition of legitimate recycling, the first three factors must be met, and the fourth factor must be considered. MassDEP notes that adopting these criteria would strengthen existing hazardous waste recycling regulations [310 CMR 30.200] by providing standards that distinguish legitimate recycling from sham recycling.
The adoption of several other minor EPA rules including technical corrections made to the Hazardous Waste Generator Improvements Rule and Definition of Solid Waste Rule are also being considered.
MassDEP is accepting stakeholder comments on the preliminary list of amendments through April 2025. They will then finalize the proposed revisions and develop draft regulations for public comment. Six public hearings on the planned regulatory updates will be scheduled later this year; dates will be posted on MassDEP’s website. The final rule is expected to be published within two years after the public comment period.
For additional information on the preliminary list of proposed changes and how they might affect your organization, or for assistance ensuring your hazardous waste program meets regulatory requirements, please contact us.
If you need initial or annual refresher training on the current Massachusetts Hazardous Waste regulations, our RCRA for Life Sciences, Very Small and Small Quantity Waste Generators course can be taken right now from any internet capable device. For the full list of offerings please visit our EHS Training and Professional Development page.
This blog was written by Beth Graham, Safety Partners’ Director of Quality, Research, and Training.
