Massachusetts Land Disposal Restrictions: What you need to know

Land disposal restrictions: 310 Code of Massachusetts Regulations (CMR) 30.750

Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Prevention Business Compliance Division

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

• Rules. With a few exceptions, Massachusetts has adopted by reference the federal land disposal restrictions (LDRs), including the Phase IV federal LDRs and best demonstrated available technology (BDAT). The state, however, did not adopt the following federal LDRs because the U.S. Environmental Protection Agency (EPA) has not delegated authority to states to implement these rules (310 CMR 30.750(1)(c)1):

—Case-by-case extensions (40 CFR 268.5)

—No-migration variances (40 CFR 268.6)

—Equivalent method variances (40 CFR 268.42(b))

—Variances from treatment standards (40 CFR 268.44)

See LDR Exceptions in the national section LAND DISPOSAL RESTRICTIONS/LAND BAN for more information about these extensions and variances.

The other federal LDRs that Massachusetts has not adopted tend to address disposal methods (e.g., lab packs in landfills and underground injection) that the state prohibits. The state LDRs also add or substitute state terms for some the federal program references within the incorporated provisions of 40 CFR 268. See the state section HAZARDOUS WASTE DISPOSAL for more information on disposal prohibitions in Massachusetts.

In addition, Massachusetts' LDRs are more stringent than the federal regulations, in part because Massachusetts' universe of listed wastes is more inclusive than the ...