Section 30.1034 - Waste Management(1)Universal Waste Batteries. A small quantity handler of universal waste shall manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:(a) A small quantity handler of universal waste shall contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the battery, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.(b) A small quantity handler of universal waste may conduct any of the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):1. Sorting batteries by type;2. Mixing battery types in one container;3. Discharging batteries so as to remove the electric charge;4. Regenerating used batteries;5. Disassembling batteries or battery packs into individual batteries or cells;6. Removing batteries from consumer products; or7. Removing electrolyte from batteries.(c) A small quantity handler of universal waste who removes electrolyte from batteries or who generates other waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, shall determine whether the other waste exhibits a characteristic of hazardous waste identified in 310 CMR 30.120. 1. If the electrolyte or other waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of 310 CMR 30.001 through 30.900. The handler is considered the generator of the hazardous waste and is subject to 310 CMR 30.300.2. If the electrolyte or other waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state and local solid waste laws and regulations.(d)Labeling/Marking of Batteries. Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste-Battery(ies)", or "Waste Battery(ies)", or "Used Battery(ies)".(e)Accumulation Standards. A small quantity handler of universal waste shall accumulate universal waste batteries in compliance with 310 CMR 30.1034(7).(2)Universal Waste Pesticides. A small quantity handler of universal waste shall manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment and in compliance with all provisions of any applicable recall plan or Waste Pesticide Collection Program standards.(a) The universal waste pesticides shall be contained in one or more of the following: 1. A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;2. A container that does not meet the requirements of 310 CMR 30.1034(2)(a)1., provided that the unacceptable container is overpacked in a container that does meet the requirements of 310 CMR 30.1034(2)(a)1.;3. An above ground tank that meets the requirements of 310 CMR 30.340(1)(a)2. and 30.340(1)(f),(g), (i), (j) and (k); or4. A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.(b)Labeling/Marking of Recalled Pesticides. A container, (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides as described in 310 CMR 30.1020(2)(a)1. are contained shall be labeled or marked clearly with: 1. The label that was on or accompanied the product as sold or distributed; and2. The words "Universal Waste-Pesticide(s)" or "Waste Pesticide(s)";(c)Labeling/Marking of Pesticides Managed under a Waste Pesticide Collection Program. A container, tank, or transport vehicle or vessel in which unused pesticide products as described in 310 CMR 30.1020(2)(a)2. are contained shall be labeled or marked clearly with: 1. The label that was on the product when purchased, if still legible; or if the use of such label is not feasible, the appropriate label as required under the Department of Transportation regulation 49 CFR part 172; or2. If using the labels described in 310 CMR 30.1034(2)(c)1. is not feasible, another label prescribed or designated by the Waste Pesticide Collection Program; and3. The words "Universal Waste-Pesticide(s)" or "Waste Pesticide(s)."(d)Accumulation Standards. A small quantity handler of universal waste shall accumulate universal waste pesticides in compliance with 310 CMR 30.1034(7).(3)Universal Waste Thermostats. A small quantity handler of universal waste shall manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:(a) A small quantity handler of universal waste shall contain any universal waste thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, vapor tight, structurally sound, compatible with the contents of the thermostat, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.(b) A small quantity handler of universal waste may remove mercury-containing ampoules from universal waste thermostats provided the handler:1. Removes the ampoules in a manner designed to prevent breakage of the ampoules;2. Removes ampoules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampoule in case of breakage);3. Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampoules, from the containment device to a container that meets the requirements of 310 CMR 30.342(1)(a) through (g);4. Immediately transfers any mercury resulting from spills or leaks from broken ampoules from the containment device to a container that meets the requirements of 310 CMR 30.342(1)(a) through (g);5. Ensures that the area in which ampoules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury, as in effect on July 1, 2012;6. Ensures that employees removing ampoules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers; and7. Manages removed ampoules as a hazardous waste or regulated recyclable material in compliance with all applicable provisions of 310 CMR 30.001 through 30.900 and packs containers holding removed ampoules with packing materials adequate to prevent breakage during storage, handling and transportation.(c) A small quantity handler of universal waste who removes mercury-containing ampoules from thermostats shall: 1. Determine whether the following exhibit a characteristic of hazardous waste identified in 310 CMR 30.120: a. Mercury or clean-up residues resulting from spills or leaks; and/orb. Other waste generated as a result of the removal of mercury-containing ampoules (e.g., remaining thermostat components).2. If the mercury, residues, and/or other waste exhibit a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of 310 CMR 30.001 through 30.900. The handler is considered the generator of the mercury, residues, and/or other waste and shall manage it in compliance with 310 CMR 30.300.3. If the mercury, residues, and/or other waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.(d)Labeling/marking of Thermostats. Universal waste thermostats (i.e., each thermostat), or a container in which the thermostats are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste-Mercury Thermostat(s)", or "Waste Mercury Thermostat(s)", or "Used Mercury Thermostat(s)". If universal waste thermostats and universal waste mercury-containing devices are placed within the same container, then the labeling/marking provisions of 310 CMR 30.1034(4) shall apply.(e)Accumulation Standards. A small quantity handler of universal waste shall accumulate universal waste thermostats in compliance with 310 CMR 30.1034(7).(4)Mercury-containing Devices. A small quantity handler of universal waste shall manage universal waste mercury-containing devices in a way that prevents releases of any universal waste or component of a universal waste to the environment as follows:(a) A small quantity handler shall hold in a container any universal waste mercury-containing device that has non-contained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall be closed, vapor tight, structurally sound, compatible with the contents of the mercury-containing device, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.(b) A small quantity handler of universal waste may:1. Mix different types of universal waste mercury-containing devices, or universal waste mercury-containing devices and universal waste thermostats, in one container; or2. Remove mercury-containing ampoules from universal waste mercury-containing devices provided the handler complies with 310 CMR 30.1034(3)(b)1. through 7. and 310 CMR 30.1034(4)(c).3. Remove the open original housing holding the mercury from universal waste mercury-containing devices provided the handler:a. immediately seals the original housing with an air-tight seal to prevent the release of any mercury to the environment; andb. complies with 310 CMR 30.1034(3)(b)1. through 7., and 310 CMR 30.1034(4)(c).(c)Management of Mercury and Mercury-containing Residues. 1. A small quantity handler of universal waste who removes mercury-containing ampoules from mercury-containing devices or seals mercury from open original housing from mercury-containing devices shall determine whether the following exhibit a characteristic of hazardous waste identified in 310 CMR 30.120: a. Mercury or clean-up residues resulting from spills or leaks; and/orb. Other waste generated as a result of the removal of mercury-containing ampoules or open original housing (e.g., remaining mercury-containing device units).2. If the mercury, residues, and/or other waste exhibit a characteristic of hazardous waste, such wastes shall be managed in compliance with all applicable requirements of 310 CMR 30.001 through 30.900. The handler is considered the generator of the mercury, residues, and/or other waste and shall manage such wastes in compliance with 310 CMR 30.300.3. If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste laws and regulations.(d)Labeling/Marking of Mercury-containing Devices. Universal waste mercury-containing devices (i.e., each mercury-containing device), or a container in which the mercury-containing devices are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste-Mercury-containing Device(s)", or "Waste Mercury-containing Device(s)", or "Used Mercury-containing Device(s)".(e)Accumulation Standards. A small quantity handler of universal waste shall accumulate universal waste mercury-containing devices in compliance with 310 CMR 30.1034(7).(5)Mercury-containing Lamps. A small quantity handler of universal waste shall manage universal waste mercury-containing lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment as follows:(a) A small quantity handler of universal waste must contain any lamp in a container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must be maintained to prevent leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. A small quantity handler must immediately cleanup and shall hold in a container any broken mercury-containing lamps and any lamp that shows evidence of breakage, leakage or damage that could cause the release of mercury or other hazardous constituents to the environment. The container shall be closed, vapor tight, structurally sound, compatible with the contents of the mercury-containing lamp, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Incidental numbers of broken mercury-containing lamps, resulting from unintentional breakage during routine handling and transportation, and managed in accordance with 310 CMR 30.1034(5)(a), may be shipped off-site as a universal waste.
(b) A small quantity handler of universal waste may remove mercury-containing ampoules from universal waste mercury-containing lamps (i.e., High Intensity Discharge lamps) provided the handler complies with 310 CMR 30.1034(3)(b)1. through 7., and 310 CMR 30.1034(5)(c).(c)Management of Mercury and Mercury-containing Residues.1. A small quantity handler of universal waste who conducts activities in compliance with 310 CMR 30.1034(5)(b)1. shall determine whether the following exhibit a characteristic of hazardous waste identified in 310 CMR 30.120: a. Mercury or clean-up residues resulting from spills or leaks; and/orb. Other waste generated as a result of the removal of mercury-containing ampoules (e.g., remaining mercury-containing lamp), crushing or dismantling of mercury-containing lamps.2. Mercury ampoules, residues, and/or other wastes exhibiting a characteristic of hazardous waste, shall be managed in compliance with all applicable requirements of 310 CMR 30.001 through 30.900. The handler is considered the generator of the mercury ampoules, residues, and/or other waste and shall manage it in compliance with 310 CMR 30.300.3. If the mercury ampoules, residues, and/or other solid waste are not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste laws and regulations.(d)Labeling/Marking of Mercury-containing Lamps. Universal waste mercury-containing lamps (i.e., each mercury-containing lamp), or a container in which the mercury-containing lamps are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste-Mercury-containing Lamp(s)", or "Waste Mercury-containing Lamp(s)", or "Used Mercury-containing Lamp(s)".(e)Accumulation Standards. A small quantity handler of universal waste shall accumulate universal waste mercury-containing lamps in compliance with 310 CMR 30.1034(7).(6)Aerosol Cans. A small quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (a) Universal waste aerosol cans must be accumulated in a container that is structurally sound, compatible with the contents of the aerosol cans, lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and is protected from sources of heat.(b) Universal waste aerosol cans that show evidence of leakage must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements of 310 CMR 30.1034(6)(d)4.(c) A small quantity handler of universal waste may conduct the following activities as long as each individual aerosol can is not breached and remains intact:1. Sorting aerosol cans by type;2. Mixing intact cans in one container; and3. Removing actuators to reduce the risk of accidental release; and(d) A small quantity handler of universal waste who punctures and drains their aerosol cans must recycle the empty punctured aerosol cans and meet the following requirements while puncturing and draining universal waste aerosol cans:1. Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.2. Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can (including proper assembly, operation and maintenance of the unit, segregation of incompatible wastes, and proper waste management practices to prevent fires or releases); maintain a copy of the manufacturer's specification and instruction on site; and ensure employees operating the device are trained in the proper procedures.3. Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment. This manner includes, but is not limited to, locating the equipment on a solid, flat surface in a well-ventilated area.4. Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements of 310 CMR 30.353(6)(g) and (h).5. Conduct a hazardous waste determination on the contents of the emptied aerosol can per 310 CMR 30.302. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements of 310 CMR 30.000. The handler is considered the generator of the hazardous waste and is subject to 310 CMR 30.000.6. If the contents are determined to be nonhazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, state, or local solid waste regulations.7. A written procedure must be in place in the event of a spill or leak and a spill clean-up kit must be provided. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.(e) Universal waste aerosol cans (i.e., each aerosol can), or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: "Universal Waste-Aerosol Can(s)," "Waste Aerosol Can(s)," or "Used Aerosol Can(s)".(f)Accumulation Standards. A small quantity handler of universal waste shall accumulate universal waste aerosol cans in compliance with 310 CMR 30.1034(7).(7)Accumulation Time Limits.(a) Provided the small quantity handler of universal waste is not the sponsor of a household hazardous waste collection event, a small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of310 CMR 30.1034(7)(b) are met. A small quantity handler of universal waste who is a sponsor of a household hazardous waste collection event shall comply with the accumulation limits of 310 CMR 30.392(2).(b) Provided the small quantity handler of universal waste is not a sponsor of a household hazardous waste collection event, a small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.(c) A small quantity handler of universal waste who accumulates universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler shall make this demonstration by:1. Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;2. Marking or labeling each individual item of universal waste that is not in a container described in 310 CMR 30.1034(7)(c)1. with the date it became a waste or was received, excluding any mercury-containing lamps, mercury-containing devices with non-contained elemental mercury, and any item of universal waste which shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. Such items must be placed in a container pursuant to the applicable management requirements for universal waste handlers at 310 CMR 30.1034;3. Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received;4. Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;5. Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or6. Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.Amended by Mass Register Issue 1404, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.