Current through Register 1531, September 27, 2024
Section 30.256 - Standards for Persons Who Burn Used Oil Fuels(1) Persons who receive used oil fuel and burn it for energy recovery are subject to 310 CMR 30.256, other requirements referred to in 310 CMR 30.256, and the conditions of any required license or permit.(2) Persons who burn specification used oil fuel shall either: (a) be licensed pursuant to 310 CMR 30.800 and in compliance with 310 CMR 30.500, 30.600, 30.700, and 30.900, or(b) have a Class A recycling permit issued pursuant to and in compliance with 310 CMR 30.220, or, (c) comply with performance standards established at 310 CMR 30.222.(3) Specification used oil fuel may be burned only in:(a) an industrial or utility boiler or industrial furnace which is specifically approved by the Department for such burning pursuant to 310 CMR 7.00; or(b) a used oil fuel fired space heater, provided that the space heater is operated in compliance with 310 CMR 30.222.(4) Off-specification used oil fuel may be burned only in:(a) an industrial or utility boiler or industrial furnace which is specifically approved by the Department for such burning pursuant to 310 CMR 7.00; or(b) a used oil fuel fired space heater, provided that the space heater is operated in compliance with 310 CMR 30.222.(5) Generators who intend to or do burn off-specification used oil fuel that is generated at the site of burning, and that is burned or intended to be burned in a fossil fuel utilization facility, shall burn such used oil fuel only at a facility that either (a) is licensed pursuant to 310 CMR 30.800 and in compliance with 310 CMR 30.500, 30.600, 30.700, and 30.900, or(b) has a Class B(3) recycling permit issued pursuant to 310 CMR 30.265 and 30.266, and is in compliance with 310 CMR 30.250.(6) Persons who burn, or who receive and intend to burn, off-specification used oil fuel not generated at the site of burning, shall do so only at a facility that either (a) is licensed pursuant to 310 CMR 30.800 and in compliance with 310 CMR 30.500, 30.600, 30.700, and 30.900, or(b) has a Class B(3) recycling permit issued pursuant to 310 CMR 30.267 and 30.268, and is in compliance with 310 CMR 30.250.(7) Before a person burns, or receives with intent to burn, off-specification used oil fuel received from a "marketer", said person shall receive from said "marketer" a written notice saying that the "marketer" has notified the EPA and the Department of his used oil fuel activity.(8) No person who intends to or does burn off-specification used oil fuel shall accept any such fuel from a "marketer" unless said person has previously given to said "marketer" a written certification that said person: (a) has notified the EPA and the Department of his used oil fuel activity, and(b) will burn off-specification used oil fuel only in an industrial or utility boiler or industrial furnace, and(c) has a valid license or recycling permit appropriate to the activity for which certification is being given. The certification shall specify the type of license or recycling permit the person has.(9) No person shall burn any batch or lot of specification used oil fuel unless said person (a) has ascertained, by some means acceptable to the Department, e.g. by obtaining either an analysis of the oil done by a procedure acceptable to the Department or a certification from a "marketer", that the oil in that batch or lot meets the specifications set forth in Table 310 CMR 30.216, and(b) has obtained and kept documentation showing compliance with the requirements in 310 CMR 30.256(9)(a).(10) No person who burns used oil fuel shall mix used oil fuel with any other material unless such mixing is done for the purpose of making fuel which the permittee is lawfully burning pursuant to 310 CMR 7.00 and 310 CMR 30.000.