Massachusetts Proposes Adoption of the Federal Land Disposal Restriction Program and other Amendments to its Hazardous Waste Rules

Beveridge & Diamond, P.C. - Massachusetts Environmental, Land Use & Real Estate Alert, 2009

On May 29, 2009, the Massachusetts Department of Environmental Protection (MassDEP) proposed amendments to the state’s hazardous waste rules.  This proposal includes adoption of the federal Land Disposal Restriction (LDR) program, as well as revisions to several other hazardous waste provisions to ensure consistency with the federal program.

Most of the LDR program would be incorporated by reference, except where delegation is prohibited or where the state has opted to adopt more stringent provisions.  Examples of more stringent requirements proposed by MassDEP are a prohibition on the use of underground injection as a means of hazardous waste land disposal and a prohibition on the placement of any lab packs containing hazardous waste, or any ignitable or reactive hazardous wastes in any land disposal unit.  MassDEP is also proposing to not adopt the federal waiver and variance provisions for surface impoundments and variances from treatment standards that are allowed under the federal RCRA program.

MassDEP’s public notice states that the proposed rules “mirror analogous federal RCRA requirements and have been drafted to meet the applicable EPA authorization requirements, particularly with respect to equivalency.  Once promulgated by MassDEP and formally approved by EPA, these rules will expand MassDEP’s authority to implement the federal RCRA program in Massachusetts.”

The proposed regulations are available at:  http://www.mass.gov/dep/public/publiche.htm.  The public comment period has closed.  For further information, please contact Steve Richmond at srichmond@bdlaw.com or Jeanine Grachuk at jgrachuk@bdlaw.com.