As part of its ongoing effort to update its federally delegated Resource Conservation and Recovery Act (RCRA) hazardous waste program, the Massachusetts Department of Environmental protection (MassDEP) approved the amendment to the 310 CMR 30.000 Hazardous Waste Regulations on May 24, 2024, to include exemptions for the nicotine-containing smoking cessation products and airbag wastes, the federal e-manifest rule, and requirements for aerosol cans managed under the universal waste rule, among others.

The amendment to the hazardous waste regulations includes significant changes in the hazardous waste management for Massachusetts hazardous waste generators, providing less burdensome and more cost-effective disposal options for some common waste streams.

One of the main changes included in the amendment is the adoption of hazardous waste aerosol cans to the universal waste rule 310 CMR 30.1000. MassDEP is adopting the EPA Universal Waste rule under 40 CFR part 273, without any modifications; expecting to ease regulatory burden and reduce costs on retail stores and other regulated facilities that discard aerosol cans. Now Massachusetts generators of hazardous waste aerosol cans will be able to manage the aerosol cans as “universal waste cans” by accumulating them in a container that is: structurally sound, compatible with the contents, shows no evidence of leakage or damage; and is protected from heat sources. The universal waste aerosol cans (i.e., each aerosol can), or the container in which the aerosol cans are contained, must be properly labeled with any of the following phrases: “Universal Waste-Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s)” and can be accumulated no longer than one year from the date the universal waste is generated.

Another notable change in the 310 CMR 30.000 Hazardous Waste Regulations exempts over-the-counter FDA-approved nicotine replacement therapies (nicotine patches, gums and lozenges) from the P075 acutely hazardous waste listing. This exemption applies to all generators of these products, not just healthcare facilities. As a result, the P075 listings for “Nicotine, & salts” and “Pyridine, 3-(1-methyl-2- pyrrolidinyl)-, (S)-, & salts” no longer apply to these products.

In addition to the changes mentioned above, this amendment included some minor revisions and corrections to clarify existing requirements, as listed below:

• Hazardous waste generators in Massachusetts can no longer “register” with a MassDEP “State-only” generator identification number (ID). Massachusetts generators are required to obtain an EPA ID number through the RCRAinfo industry application.
• The amendment to 310 CMR 253(5)(a) & (b) clarifies that the waste oil generator status is determined by combining the total amount of waste oil (MA01) and the used oil fuel (MA98), excluding recyclable material, which was incorrectly stated before the amendment.

If you are a Massachusetts Hazardous Waste Generator and you would like to discuss these adopted rules and how they may impact your facility, please email Mayra Durante Cotes in the Trinity’s Boston office or call 508.273.8600.