Current through Register 1538, January 3, 2025
Section 30.246 - Standards for Persons Who Burn Hazardous Waste Fuels(1) The burning of hazardous waste fuel is prohibited except in (a) an industrial and utility boiler or an industrial furnace permitted or licensed by the Department for that burning, or(b) a hazardous waste incinerator licensed pursuant to 310 CMR 7.00 and 30.000, or(c) a cement kiln located within the boundaries of a municipality with a population less than 500, 000 (based on the most recent census statistics) if such cement kiln is in full compliance with all requirements of 310 CMR 30.000 and 7.00 applicable to hazardous waste incinerators.(2) In addition to complying with all other applicable requirements, each person who burns 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 accepting the first shipment of hazardous waste fuel, provide to the "marketer" a certification that the marketer:1. has notified the EPA and the Department of his hazardous waste fuel activity pursuant to 310 CMR 30.060 through 30.064, and2. has a currently valid license or permit for that activity, and3. is in compliance with the requirements of 310 CMR 30.240.(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) All persons who intend to or do burn hazardous waste fuel and who receive hazardous waste fuel not generated at the site where they intend to burn it, or who store hazardous waste fuel at the site of generation prior to burning it at the site of generation, 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, provided that the owner or operator shall have filed a Part A permit application for the hazardous waste fuel activity, or have applied to amend an existing Part A permit application to include the hazardous waste fuel activity, by no later than May 29, 1986.(4) Generators who burn hazardous waste fuel that is generated only at the site of burning, and that is only accumulated, and not stored, prior to being burned, shall manage that material in compliance with either(a)310 CMR 30.200 and a Class B(2) permit issued pursuant to 310 CMR 30.247, or(b) all provisions of 310 CMR 30.000 other than 310 CMR 30.200.