310 CMR, § 30.253

Current through Register 1529, August 30, 2024

Section 30.253 - Generator Standards Governing Waste Oil and Used Oil Fuel

(1) All generators of waste oil and all generators of used oil fuel:

(a) shall be subject to 310 CMR 30.301(1) and (2).

(b) shall comply with 310 CMR 30.302.

(c) may sell or otherwise transfer custody or possession of such waste oil only to a transporter in compliance with 310 CMR 30.304.

(d) may sell or otherwise transfer custody or possession of off-specification used oil fuel (specification used oil fuel is subject to 310 CMR 30.222) only to a transporter in compliance with 310 CMR 30.304.

(e) may sell or otherwise transfer such waste oil, or contract to sell or otherwise transfer such waste oil, or cause or allow such waste oil to be transported off the site of generation, only to a facility described in 310 CMR 30.305.

(f) may sell or otherwise transfer off-specification used oil fuel (specification used oil fuel is subject to 310 CMR 30.222), or contract to sell or otherwise transfer off-specification used oil fuel, or cause or allow off-specification used oil fuel to be transported off the site of generation, only to either:

1. a facility described in 310 CMR 30.305, or

2. a facility that has a Class B(3) permit pursuant to 310 CMR 30.268, or

3. a marketer authorized pursuant to 310 CMR 30.255.

(g) may accumulate or store waste oil or used oil fuel in an underground tank only if the tank is installed, designed, constructed, operated, and monitored in compliance with the applicable requirements of 310 CMR 80.00: Underground Storage Tank Systems.

(2) Any process at the site of generation which separates waste oil from a non-hazardous waste does not constitute treatment. Such activity shall be conducted in such a way as to prevent the release of waste oil into the environment.

(3) A generator of waste oil or of used oil fuel who is a "marketer" is also subject to, and shall comply with, 310 CMR 30.255.

(4) A generator of waste oil or of used oil fuel who burns waste oil or used oil fuel is also subject to, and shall comply with, 310 CMR 30.256.

(5) A generator subject to 310 CMR 30.253 may obtain dual status if hazardous waste as well as waste oil and/or used oil fuel are generated or accumulated on-site. A generator of hazardous waste that is also subject to 310 CMR 30.253 shall determine its status with respect to such hazardous waste pursuant to the generator requirements of 310 CMR 30.300. (see310 CMR 30.340(1); 30.351(1) and (2); and 30.353(1) and (2).) A generator of hazardous waste may exclude waste oil and/or used oil fuels from the hazardous waste status calculations in 310 CMR 30.300 provided these regulated recyclable materials are counted towards a generator's status with respect to waste oil and/or used oil fuels as follows:

(a) A generator is a Very Small Quantity Generator of waste oil and/or used oil fuels if that generator:

1. does not generate in a calendar month 100 kg or more of such waste oil and/or used oil fuels; and

2. does not accumulate a total quantity of 1,000 kg or more of waste oil and/or used oil fuels.

(b) A generator is a Small Quantity Generator of waste oil and/or used oil fuels if that generator:

1. does not generate in a calendar month 1,000 kg or more of such waste oil and/or used oil fuels; and

2. does not accumulate a total quantity of 6,000 kg or more of any waste oil and/or used oil fuels.

(c) A generator is a large quantity generator of waste oil and/or used oil fuels if that generator is not a Small Quantity Generator of waste oil and/or used oil fuels pursuant to 310 CMR 30.253(5)(b) or a Very Small Quantity Generator ofwaste oil and/or used oil fuels pursuant to 310 CMR 30.253(5)(a).

(6) Generators of waste oil and/or used oil fuel shall comply with the following regulations, except that in implementing and enforcing said regulations with respect to used oil fuel, the term "used oil fuel" shall be used instead of the terms "waste" or "hazardous waste" wherever the latter two terms are used in said regulations, or in any other regulations referred to therein:

(a) All large quantity generators of waste oil and/or used oil fuel shall comply with 310 CMR 30.322, 30.323, 30.340(6), 30.341(2), (3), (5), (6), (7) and (8) as well as 310 CMR 30.342, and 310 CMR 30.343(1)(d), (e), (g) and (i). All areas where waste oil and/or used oil fuel is accumulated or stored, except for satellite accumulation areas, shall have posted at all times a sign with the words "WASTE OIL" in capital letters at least one inch high.

(b) All Small Quantity Generators of waste oil and/or used oil fuel shall comply with 310 CMR 30.351, including all regulations referred to therein, except that a Small Quantity Generator of waste oil and/or used oil fuel:

1. need not comply with the signage requirement of 310 CMR 30.341(4) referenced in 310 CMR 30.351(8)(a). Instead, all areas where waste oil and/or used oil fuel is accumulated or stored, except for satellite accumulation areas, shall have posted at all times a sign with the words "WASTE OIL" in capital letters at least one inch high.

2. need only comply with the following requirements of 310 CMR 30.343 referenced in 310 CMR 30.351(8)(c) regarding accumulation in tanks:

a.310 CMR 30.343(1)(d) regarding Containment;

b.310 CMR 30.343(1)(e) regarding General Operating Requirements;

c.310 CMR 30.343(1)(g) relating to Response to Leaks or Spills and Disposition of Leaking Tank Systems; and

d. 310 CMR 30.343(1)(i) relating to Closure and Post-Closure Care.

(c) All Very Small Quantity Generators of waste oil and/or used oil fuel shall comply with 310 CMR 30.353, including all other regulations referred to therein, except that a Very Small Quantity Generator of waste oil and/or used oil fuel need not comply with the signage requirement of 310 CMR 30.341(4) referenced in 310 CMR 30.353(6)(h). Instead, all areas where waste oil and/or used oil fuel is accumulated or stored, except for satellite accumulation areas, shall have posted at all times a sign with the words "WASTE OIL" in capital letters at least one inch high.

(7) Generators of waste oil and/or used oil fuel shall be subject to the following preparedness and emergency procedure requirements:

(a) Large Quantity Generators of waste oil and/or used oil fuel only, as defined in 310 CMR 30.253(5), Large Quantity Generators of waste oil and/or used oil fuel who generate and accumulate all other regulated recyclable materials and all other hazardous wastes in quantities entitling them to the status of either a Small Quantity Generator pursuant to 310 CMR 30.351 or a Very Small Quantity Generator pursuant to 310 CMR 30.353, shall comply with the requirements set forth or referred to in 310 CMR 30.351(9).

(b) All Small Quantity Generators of waste oil and/or used oil fuel, as defined in 310 CMR 30.253(5), shall comply with requirements set forth or referred to in 310 CMR 30.351(9).

(c) All Very Small Quantity Generators of waste oil and/or used oil fuel, as defined in 310 CMR 30.253(5), shall comply with requirements set forth or referred to in 310 CMR 30.353(4).

(8) Persons who generate or accumulate waste oil and/or used oil fuel, and who generate or accumulate any other hazardous waste, shall comply with all applicable provisions of 310 CMR 30.200 with respect to the waste oil and/or used oil fuel, and shall comply with all applicable provisions of 310 CMR 30.000 with respect to all the other hazardous waste they generate.

(9) Except for the generators described in 310 CMR 30.253(10), all generators of waste oil and/or off-specification used oil fuel (specification used oil fuel is subject to 310 CMR 30.222) shall cause such waste oil or used oil fuel, when it is collected and transported, to be accompanied by a hazardous waste manifest which shall be filled out, signed, and distributed, and copies of which shall be kept, in compliance with all provisions of 310 CMR 30.000 governing the filling out, signing, distribution, and keeping of copies of manifests. Generators subject to 310 CMR 30.253(9) shall notify the Department and obtain an identification number pursuant to 310 CMR 30.060 through 30.064.

(10) Persons who generate and accumulate waste oil or off-specification used oil fuel (specification used oil fuel is subject to 310 CMR 30.222) in quantities entitling them to the status of either a Small Quantity Generator pursuant to 310 CMR 30.351 or a Very Small Quantity Generator pursuant to 310 CMR 30.353, and who generate and accumulate all other regulated recyclable materials and all other hazardous wastes in quantities entitling them to the status of a Very Small Quantity Generator pursuant to 310 CMR 30.353 need not handle such waste oil or off-specification used oil in compliance with 310 CMR 30.253(9), and instead shall cause such waste oil or off-specification used oil fuel to be handled in compliance with the following requirements:

(a) Generators subject to 310 CMR 30.253(10) shall notify the Department in writing of their activity involving waste oil, off-specification used oil fuel, other regulated recyclable material, and other hazardous waste. Such notification shall be in compliance with requirements set forth or referred to in 310 CMR 30.060 through 310 CMR 30.064.

(b) Generators subject to 310 CMR 30.253(10) shall cause waste oil or off-specification used oil fuel, when it is collected and transported, to be accompanied by a hazardous waste manifest filled out, signed, and distributed in compliance with all provisions of 310 CMR 30.000 governing the filling out, signing, and distribution of copies of manifests.