Section 30.255 - "Marketer" Standards(1) The following criteria shall be used to determine whether or not a person is a "marketer" of used oil fuel. A person is a "marketer" of used oil fuel if that person is any of the following: (a) A generator of used oil fuel who sells or otherwise transfers, or offers to sell or otherwise transfer, used oil fuel to persons authorized to market used oil fuel or to other persons authorized to burn that fuel for energy recovery.(b) Said person is the owner or operator of a facility at which used oil fuel is blended for the purpose of preparing either specification or off-specification used oil fuel.(c) Said person is a transporter licensed pursuant to 310 CMR 30.800 and who transports used oil fuel to other authorized marketers, or to persons who are authorized to burn that used oil fuel for energy recovery.(2) A person who is a "marketer" of off-specification used oil fuel may sell or otherwise transfer such material, or contract to sell or otherwise transfer such material, or cause or allow such material to be transported off the site of generation, only to owners or operators of facilities that meet all the following requirements: (a) For each facility located in Massachusetts, the requirements are:1. the owner or operator must have notified the EPA and the Department of the facility's used oil fuel activity pursuant to 310 CMR 30.060 through 30.064.2. the facility must have an EPA identification number.3. the facility must be either:a. licensed pursuant to 310 CMR 30.800 and in addition possess a B(3) permit or a specific license condition authorizing it to be a marketer, orb. a marketer authorized to receive off-specification used oil fuel, orc. a facility for which the Department has issued a Class B(3) recycling permit for burning pursuant to 310 CMR 30.268.(b) For each facility located outside of Massachusetts, the requirements are:1. the facility must have the legal authority to accept the used oil pursuant to applicable statutes and regulations in effect where the facility is located.2. the transport of the used oil fuel must be in compliance with applicable statutes and regulations in effect in all places where such transport is to occur.(3) A "marketer" who burns used oil fuel shall be subject to, and shall comply with, 310 CMR 30.256.(4) A "marketer" shall, pursuant to 310 CMR 30.060 through 30.064, notify the Department of his activities as a "marketer" prior to engaging in those activities, regardless of whether or not said "marketer" has previously given notice of other activity pursuant to 310 CMR 30.060 through 30.064.(5) Whenever a "marketer" causes off-specification used oil fuel to be transferred to a person who intends to, or does market or burn it for energy recovery, said off-specification used oil fuel shall 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. On the manifest, the off-specification used oil fuel shall be identified as "off-specification used oil fuel", and the waste code "MA98" shall be used.(6) Whenever a "marketer" causes specification used oil fuel to be transferred to a person who is authorized to burn specification used oil fuel, or to another marketer, said specification used oil fuel shall be accompanied either by: (a) a shipping paper on which the specification used oil fuel shall be identified as "specification used oil fuel", or by(b) a hazardous waste manifest on which the specification used oil fuel shall be identified as "specification used oil fuel", and the waste code "MA97" shall be used.(7) No person shall be a "marketer" of any used oil fuel he claims is specification used oil fuel unless said person:(a) has ascertained, by appropriate analytical methods contained in EPA's Test Methods for Evaluating Solid Waste, SW-846, as incorporated by reference at 310 CMR 30.012, or by an equivalent method, that it meets the conditions provided in 310 CMR 30.215 and the parameters provided in 310 CMR 30.216 for specification used oil fuel,(b) has obtained and kept documentation showing compliance with the requirements in 310 CMR 30.255(7)(a), and(c) makes and keeps records for each batch or quantity of specification used oil fuel sold or otherwise transferred to a facility or to a person who is authorized to burn it for energy recovery, or to market, specification used oil fuel, stating for each such batch or quantity the name and address of the facility to which the specification used oil fuel is sold or otherwise transferred, the quantity of specification used oil fuel sold or otherwise transferred, the date when the used oil fuel was collected, and a cross-reference to the documentation described in 310 CMR 30.255(7)(b).(8) Every "marketer" shall maintain copies of all notices, shipping papers, and manifests, and all other records he is required to make, send, or receive pursuant to 310 CMR 30.200, for at least three years after the date of his last used oil fuel activity. This period shall be automatically extended for the duration of any enforcement action. This period may be extended by order of the Department. All record keeping shall be in compliance with 310 CMR 30.007.(9) A generator of specification used oil fuel who is a "marketer" of used oil fuel shall either: (a) be licensed pursuant to 310 CMR 30.800, and possess a special license condition authorizing it to be a marketer, or(b) have a Class A recycling permit issued pursuant to 310 CMR 30.220.(10) A generator of off-specification used oil fuel who is a "marketer" of off-specification used oil fuel shall either: (a) be licensed pursuant to 310 CMR 30.800, or(b) have a Class B(3) recycling permit issued pursuant to 310 CMR 30.262.(11) No person shall be a "marketer" of any used oil fuel he claims is off-specification used oil fuel unless said person: (a) has ascertained, by appropriate analytical methods contained in EPA's Test Methods for Evaluating Solid Waste, SW-846, as incorporated by reference at 310 CMR 30.012, such as the field screening tests described in method 9077, or by an alternate method accepted by EPA, that it meets the conditions for used oil fuel provided in 310 CMR 30.215.(b) has obtained and kept documentation showing compliance with the requirements in 310 CMR 30.255(11)(a), and(c) makes and keeps records for each batch or quantity of off-specification used oil fuel sold or otherwise transferred to a facility or to a person who burns off-specification used oil fuel, stating for each such batch or quantity the name and address of the facility to which the off-specification used oil fuel is sold or otherwise transferred, the quantity of off-specification used oil fuel sold or otherwise transferred, the date when the used oil fuel was collected, and a cross-reference to the documentation described in 310 CMR 30.255(11)(b).(12) A person who is a "marketer" of specification used oil fuel may sell or otherwise transfer such material, or contract to sell or otherwise transfer such material, or cause or allow such material to be transported off the site of generation, only to owners or operators of facilities that meet all the following requirements: (a) For each facility located in Massachusetts, the requirements are:1. the facility must have an EPA identification number or a state-only Massachusetts identification number.2. the facility must be a. licensed pursuant to 310 CMR 30.800, and possess a special license condition authorizing it to be a marketer, orb. a facility for which the Department has issued a Class B(3) recycling permit pursuant to 310 CMR 30.264, orc. a person with a Class A regulated recyclable materials permit issued pursuant to 310 CMR 30.220 who is authorized to burn used oil fuel.d. or an authorized marketer.(b) For each facility located outside of Massachusetts, the requirements are: 1. the facility must have the legal authority to accept the used oil fuel pursuant to applicable statutes and regulations in effect where the facility is located.2. the transport of the used oil fuel must be in compliance with applicable statutes and regulations in effect in all places where such transport is to occur.Amended by Mass Register Issue 1522, eff. 5/24/2024.