This week the Massachusetts Department of Environmental Protection (MassDEP) provided notification that the amendments to the Hazardous Waste Regulations, 310 CMR 30.000 went into effect on May 24, 2024.
The amendments primarily involve the MassDEP adopting several US Environmental Protection Agency (EPA) rules including:
- The addition of aerosol cans, previously considered hazardous waste, to the state’s list of universal waste which also includes hazardous batteries, mercury-containing devices, mercury-containing lamps and bulbs, and hazardous pesticides. This update to the waste regulations was discussed in our September 2023 blog on the Proposed Changes to the Massachusetts Universal Waste Management Rules. The only change from the proposed rule in the final version of the regulations was to further clarify that not all aerosol cans are hazardous waste and therefore they would not all be considered universal waste, but rather those that are not hazardous should be managed as nonhazardous solid waste.
- The federal e-Manifest Rule was incorporated into the MassDEP regulations without modifications to provide consistency between the Massachusetts regulations and EPA hazardous waste manifest regulations. E-Manifest has been in effect in Massachusetts since 2018 and users will not experience a change in how e-Manifest is used. However, the MassDEP will be able to enforce and administer, as appropriate, certain requirements including those related to the use of paper and electronic manifests by hazardous waste generators, transporters, and treatment, storage, recycling, and disposal facilities.
- Exemptions for FDA-approved over-the-counter nicotine-containing smoking cessation products (patches, gums, and lozenges) which are now excluded from the P075 acutely hazardous waste listing for nicotine and are no longer regulated as hazardous waste. Other unused formulations of nicotine will still be classified as P075 when discarded including nicotine used in research and manufacturing.
- Exemptions for airbag waste, which includes any airbag inflator or airbag module that is a hazardous waste (generally reactive and/or ignitable due to the propellant). Under the exemption, airbag waste handlers can still manage the waste as hazardous, or they have the option of sending it to an airbag waste collection facility under the control of a vehicle manufacturer (or their authorized representative), or to an authorized party administering a recall as long as certain conditions are met. Once collected at the airbag waste collection or recall facility, airbag waste must be managed as hazardous waste.
The MassDEP also adopted the EPA rule on Confidentiality Determinations for Hazardous Waste Export and Import Documents and the Expanded Public Participation Rule for licensed hazardous waste facilities. In addition, revisions were made to the wood preservative listings at 310 CMR 30.160 to include four wood preservative hazardous constituents.
Changes related to obtaining an EPA ID number were also adopted. Hazardous waste generators in Massachusetts can no longer register with the MassDEP to obtain a state-only (MV) generator identification number and must obtain an EPA ID number through EPA’s RCRAinfo Industry Application.
In addition, waste oil requirements were updated to clarify that waste oil generator status is determined by the total amount of waste oil (MA01) and used oil fuel (MA98) combined. The previous version of the regulation incorrectly stated that regulated recyclable material must be counted. Waste oil generator status is calculated separately from the amount of RCRA hazardous waste and regulated recyclable material that may be generated at the same site.
Several minor revisions were also adopted to clarify existing requirements. The MassDEP has provided helpful information on the proposed amendments, public comments, and the final regulations at this link.
Please contact us for additional information on the updated Massachusetts Hazardous Waste Regulations or for assistance in determining how the changes affect your organization.
This blog was written by Beth Graham, Director of Quality, Research, and Training
