310 CMR, § 30.244

Current through Register 1536, December 6, 2024
Section 30.244 - "Marketer" Standards
(1) As used in 310 CMR 30.240, the term "marketer" means a person who intends to or does sell or otherwise transfer, or offer to sell or otherwise transfer, a hazardous waste fuel to another person who wishes to or does burn it. The term "marketer" does not include a person who transfers hazardous waste to another person for conversion by that other person to a hazardous waste fuel by blending or other treatment if the person doing the blending or other treatment does not wish to, and does not, burn the hazardous waste fuel.
(2) In addition to complying with all other applicable requirements, each "marketer" of hazardous waste fuel shall:
(a) comply with 310 CMR 30.001 through 30.059 and all applicable provisions of 310 CMR 30.100 through 30.199, and
(b) notify the EPA and the Department of his hazardous waste fuel activity pursuant to 310 CMR 30.060 through 30.064 before engaging in such activity, or constructing or operating any site or works for engaging in such activity, and
(c) before sending the first shipment of hazardous waste fuel to a person who wishes to or does burn it, receive from said person a certification that said person
1. has notified the EPA and the Department of his hazardous waste fuel activity pursuant to 310 CMR 30.060 through 30.064 and
2. has a currently valid license or permit for that activity, and
(d) in addition to complying with all other applicable record-keeping requirements, keep a copy of each certification of hazardous waste fuel activity that he sends or receives.
(3) Except for generators described in 310 CMR 30.244(4), each "marketer" who blends or otherwise treats hazardous waste or hazardous waste fuel, or who receives hazardous waste or hazardous waste fuel from off the site of generation thereof for the purpose of transferring it to another "marketer" of hazardous waste fuel, or who stores, and not just accumulates, hazardous waste fuels at the site of generation thereof, shall do so at a facility that is either
(a) licensed pursuant to 310 CMR 30.800 and in compliance with all applicable provisions of 310 CMR 30.500 through 30.900, or
(b) a facility having interim status pursuant to RCRA.
(4) The provisions of 310 CMR 30.244(3) shall not apply to a "marketer" of hazardous waste fuel who is a generator who
(a) does not receive hazardous waste or hazardous waste fuel from off the site of generation thereof, and
(b) does not burn or store hazardous waste or hazardous waste fuel, and
(c) does not blend or otherwise treat hazardous waste or hazardous waste fuel.
(5) Each "marketer" described in 310 CMR 30.244(4) shall manage the hazardous waste fuel he generates in compliance with either
(a)310 CMR 30.200 and a Class B(2) permit issued pursuant to 310 CMR 30.245, or
(b) all provisions of 310 CMR 30.000 other than 310 CMR 30.200.

310 CMR, § 30.244