Proposed Revisions to Hazardous Waste Regulations

The Massachusetts Department of Environmental Protection (MassDEP) has proposed changes to its hazardous waste regulations at 310 CMR 30.000 et seq. that contain a new exclusion from the definition of hazardous waste for dredged material subject to a permit and certification under the federal Clean Water Act.

MassDEP has proposed this change to reduce potential overlaps in regulation of dredged material for disposal between the federal Clean Water Act and the Massachusetts Hazardous Waste Management Act (M.G.L. Chapter 21C). Without the proposed exemption, if dredged material proposed for disposal in the aquatic environment is contaminated or suspected of being contaminated with hazardous waste, the potential application of both regulations would complicate the efficient management of that dredged material.

The proposed rule would eliminate overlapping regulation while ensuring accurate and environmentally sound evaluation and management of dredged material. The proposed exclusion would clarify regulatory roles within MassDEP to avoid duplication of administrative efforts, and establish an integrated approach to the regulation of dredged material disposal.

The hazardous waste regulations would be amended to include a conditional exemption for dredged material when it is temporarily stored at an intermediate facility or when it is placed in confined disposal pursuant to the dredge regulations at 314 CMR 9.07(4) and 9.07(8). The dredged material would be conditionally exempt from hazardous waste regulation so long as it is managed in accordance with requirements established in a Clean Water Act Section 401 certification and Section 404 permit.

MassDEP believes that the Clean Water Act permit program is at least as protective of human health and the environment as the Chapter 21C hazardous waste program in addressing the consequences of dredged material disposal. The Clean Water Act program incorporates appropriate biological and chemical assessments in addition to testing and management protocols that will be adequate to evaluate potential impacts on the aquatic environment and human health, and to address potential contaminant-related impacts. MassDEP believes that hazardous waste regulation of dredged material disposal in the environment is duplicative and unnecessary when considered alongside comprehensive Clean Water Act coverage of these activities.

The practical impact of the proposed hazardous waste amendments would be that if dredged material is subject to a permit issued under Section 404 of the Clean Water Act and a Section 401 certification, and the material is managed pursuant to all the requirements found at 310 CMR 9.00, then hazardous waste program requirements would not apply.

If you have questions about the hazardous waste portion of this rulemaking, please contact James Miller at 617-292-5574 or james.miller@state.ma.us.