Section 30.1020 - Applicability - Wastes Covered(1)Batteries.(a)Batteries Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 apply to batteries, except those listed in 310 CMR 30.1020(1)(b).(b)Batteries not Covered under 310 CMR 30.1000. The requirements of310 CMR 30.1000 do not apply to the following batteries:1. Spent lead-acid batteries that are managed under 310 CMR 30.280.2. Batteries that are not subject to hazardous waste regulation. A battery is not subject to hazardous waste regulation if it meets any of the following: a. It has been used but has not yet been discarded or sent for recycling;b. It has not been used and the handler has not decided to discard or recycle it; andc. It does not exhibit one or more of the characteristics identified in 310 CMR 30.120.(2)Pesticides.(a)Pesticides Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 apply to the following pesticides, except for those described in 310 CMR 30.1020(2)(b): 1. Recalled pesticides that are: a. Stocks of a suspended and cancelled pesticide that are part of a voluntary or mandatory recall under FIFRA Section 19(b) or the Massachusetts Pesticide Control Act and their implementing regulations including, but not limited to, those owned by the registrant responsible for conducting the recall; orb. Stocks of a suspended or cancelled pesticide, or a pesticide that is not in compliance with FIFRA or the Massachusetts Pesticide Control Act and their implementing regulations, that are part of a voluntary recall by the registrant.2. Stocks of other unused pesticide products that are collected and managed as part of a Waste Pesticide Collection Program.(b)Pesticides Not Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 do not apply to pesticides that are not subject to hazardous waste regulation. 1. A recalled pesticide described in 310 CMR 30.1020(2)(a)1. is not subject to hazardous waste regulation if either: a. it has not been used and: i. the handler has not decided to discard or recycle it; andii. the handler has not discarded or recycled it; orb. the pesticide is not listed and does not exhibit one or more of the characteristics identified in 310 CMR 30.120.2. An unused pesticide product described in 310 CMR 30.1020(2)(a)2. is not subject to hazardous waste regulation if either: a. the handler has not decided to discard or recycle it; orb. the pesticide is not listed and does not exhibit one or more of the characteristics identified in 310 CMR 30.120.(3)Mercury Thermostats. (a)Thermostats Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 apply to thermostats except those listed in 310 CMR 30.1020(3)(b).(b)Thermostats Not Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 do not apply to thermostats that are not subject to hazardous waste regulation. A thermostat is not subject to hazardous waste regulation if it meets any of the criteria at 310 CMR 30.1020(1)(b)2.a. through c., it is not identified as a listed waste in 310 CMR 30.130, or if the mercury-containing components have been removed and the remaining unit meets the requirements of 30.1034(3)(c)3.(4)Mercury-containing Devices. (a)Mercury-containing Devices Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 apply to mercury-containing devices except those listed in 310 CMR 30.1020(4)(b).(b)Mercury-containing Devices Not Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 do not apply to mercury-containing devices that are not subject to hazardous waste regulation. A mercury-containing device is not subject to hazardous waste regulation if it meets any of the criteria listed in 310 CMR 30.1020(1)(b)2.a. through c., it is not identified as a listed waste in 310 CMR 30.130, or if the mercury-containing components have been removed and the remaining unit meets the requirements of 310 CMR 30.1034(4)(c)3.(5)Mercury-containing Lamps.(a)Mercury-containing Lamps Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 apply to mercury-containing lamps, except those listed in 310 CMR 30.1020(5)(b).(b)Mercury-containing Lamps Not Covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 do not apply to mercury-containing lamps, that are not subject to hazardous waste regulation. A mercury-containing lamp is not subject to hazardous waste regulation if it meets any of the criteria listed in 310 CMR 30.1020(1)(b)2.a. through c.(6)Aerosol Cans.(a)Aerosol Cans Covered under 310 CMR 30.1000. The requirements of310 CMR 30.1000 apply to aerosol cans, as described in 310 CMR 30.1010, except those listed in 310 CMR 30.1020(6)(b).(b) Aerosol cans not covered under 310 CMR 30.1000. The requirements of 310 CMR 30.1000 do not apply to the following types of aerosol cans:1. Aerosol cans that are not yet waste, as defined at 310 CMR 30.010. 310 CMR 30.1020(6)(c) describes when an aerosol can becomes a waste;2. Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified in 310 CMR 30.120 or the aerosol can contains a substance that is listed in 310 CMR 30.130; and3. Aerosol cans that meet the standard for empty containers under 310 CMR 30.106(2).(c) Generation of waste aerosol cans.1. A used aerosol can becomes a waste on the date it is discarded.2. An unused aerosol can become a waste on the date the handler decides to discard it.Amended by Mass Register Issue 1404, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.