Generator Standards

(1) Except as otherwise specifically provided in 310 CMR 30.222 and 310 CMR 30.353 a generator of Class A regulated recyclable material 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, directly to either (a) a facility described in 310 CMR 30.305; (b) a facility that has a Class A permit pursuant to 310 CMR 30.220; or (c) a facility outside of Massachusetts that is properly authorized under that state's applicable authority and is identified in the generator's Class A recycling permit to receive Class A regulated recyclable material from that generator pursuant to 310 CMR 30.224(1)(c). (2) Except as otherwise specifically provided in 310 CMR 30.222 and 310 CMR 30.255, a generator of Class A regulated recyclable material may sell or otherwise transfer custody or possession of such material only to a transporter in compliance with 310 CMR 30.223. (3) A generator of material that the generator claims is specification used oil fuel shall not sell or otherwise transfer, or offer to sell or otherwise transfer, such material to any other person unless the generator: (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 accepted by EPA, 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, and (b) has kept documentation showing compliance with the requirements in 310 CMR 30.222(3)(a), and makes and keeps records for each batch or quantity of such material that is sold or otherwise transferred, stating for each such batch or quantity the name and address of the facility to which the material is sold or otherwise transferred, the quantity of such material sold or otherwise transferred, the date when the material was collected, and a cross- reference to the documentation described in 310 CMR 30.222(3)(b). (4) Very Small Quantity Generators of Class A regulated recyclable material excluded from Class A permit requirements at 310 CMR 30.221(3)(a)1. and 2. shall not accumulate at any one time 1000 kilograms or more of regulated recyclable material. (a) Very Small Quantity Generators of Class A regulated recyclable material that recycle at the site of generation in accordance with 310 CMR 30.221(3)(a)1. shall also manage such regulated recyclable material in a manner which neither could nor does endanger public health, safety, or welfare or the environment, and in compliance with 310 CMR 30.222(5)(c), 30.222(5)(d)2., 30.222(5)(d)7., 30.222(5)(e), 30.222(5)(i) and the applicable performance standards at 310 CMR 30.222(6). (b) For shipments off the site of generation of 200 kilograms or less of Class A regulated recyclable material by a Very Small Quantity Generator of regulated recyclable material, excluded at 310 CMR 30.221(3)(a)2., the generator shall: 1. keep, for a period of at least three years from the date of recycling: a. a record from the recycling facility, certified pursuant to 310 CMR 30.009, that the materials were recycled in compliance with applicable State and Federal laws and regulations; and b. a record of each shipment sent off-site that satisfies the requirements described at 310 CMR 30.223(4)(b). 2. accumulate the material prior to shipping in containers that are sealed, structurally sound, and labeled as a “Regulated Recyclable Material” and with the material identified with words and the type of hazard(s) associated with the material(s) indicated in words (e.g., ignitable, toxic, dangerous when wet). 3. comply with 310 CMR 30.222(1)a. and b., except that shipments of regulated recyclable material being sent off the site of generation to an out-of-state facility need not be managed in compliance with 310 CMR 30.305(2), but shall instead be sent directly to a facility that is authorized by that state to recycle that material. (5) General Performance Standards. A Small Quantity Generator or Large Quantity Generator of Class A regulated recyclable material exempt from Class A permit requirements at 310 CMR 30.221(3)(a)1. shall: (a) Notify and obtain a generator identification number in compliance with 310 CMR 30.061, unless the generator has previously notified and obtained a generator identification number; (b) Submit a onetime notification to the Department on a form prescribed by the Department prior to or upon commencing a Class A recycling operation, unless the generator has a valid Class A recycling permit for that recycling operation as of February 27, 2004; (c) Manage regulated recyclable materials that are not recycled or otherwise handled in compliance with 310 CMR 30.220 as hazardous wastes which shall be accumulated, collected, transported, stored, treated, and disposed of in compliance with all the requirements of 310 CMR 30.000 other than 310 CMR 30.200; (d) Comply with the following conditions cited in 310 CMR 30.205: 1. Duty to provide information - 310 CMR 30.205(5); 2. Record-keeping - 310 CMR 30.205(7), except that 310 CMR 30.205(7)(b) does not apply to used oil fuel fired space heaters; 3. Preventing and reporting releases to the environment - 310 CMR 30.205(9); 4. Speculative accumulation requirements - 310 CMR 30.205(14); 5. Personnel training - 310 CMR 30.205(15); 6. Emergency prevention - 310 CMR 30.205(16); and 7. Storage and accumulation only in tanks and containers - 310 CMR 30.205(19), except that generators recycling silver-bearing Class A regulated recyclable material in stand-alone silver recovery units at the site of generation are subject to the tank and container requirements at 310 CMR 71.00. (e) Use, operate and maintain recycling units that are appropriatelydesigned for the material being recycled in accordance with manufacturer’s recommended operating and maintenance procedures; (f) Retain documentation that any recycling unit used to recycle Class A regulated recyclable materials has been tested and listed in accordance with the applicable ULStandard or has been otherwise approved by or designed in accordance with the standards of any nationally recognized engineering organization or testing laboratory, as applicable; (g) Manage as a hazardous waste any residual material produced by recycling Class A RRMs at the site of generation pursuant to 310 CMR 30.102(2)(d), if the residual is a listed waste or exhibits the characteristics of a hazardous waste; (h) Do not mix either regulated recyclable material or residual material produced by recycling Class A RRMs at the site of generation with hazardous waste; (i) Maintain documentation that the material is a Class A regulated recyclable material described in 310 CMR 30.212 and that it would be a hazardous waste if discarded (see 310 CMR 30.302); and (j) If reclaiming a Class A RRM at the site of generation, recover a useable product that meets commercial specifications for the product’s intended use, and that requires no further reclamation prior to being used as a commercial ingredient in an on-site manufacturing process or being sold commercially. [Note: 310 CMR 30.222(5)(j) applies to categories of Class A Regulated Recyclable Materials defined in 310 CMR 30. 212 (2), (5) through (8) and (10) provided that, for solvents recycled at the site of generation in stand-alone solvent stills, the reclaimed solvent may not be sold commercially.] (k) Keep, for a period of at least three years from the date on which each batch of the material was sent off-site for recycling, the shipping paper provided by the transporter pursuant to 310 CMR 30.223(7). (6) Specific Performance Standards. All generators of Class A regulated recyclable material exempt from Class A permit requirements pursuant to 310 CMR 30.221(3)(a)1. and 310 CMR 30.221(3)(a)2. shall comply with the following, as applicable: (a) Used oil fuel fired space heaters. A generator of used oil fuel burned in a used oil fuel fired space heater for energy recovery at the site of generation shall ensure that: 1. only used oil fuel is burned in the space heater and such used oil fuel is generated at the site where the space heater is located, supplemental fuel sources may include used oil fuel generated by: a. a person who is a very small quantity generator pursuant to 310 CMR 30.353 and transported by that person from the site of generation to the site where the heater is located; or b. generated by a household as described in 310 CMR 30.104(6) and received from the person at whose household the oil became used oil; 2. the used oil fuel has a flash point of 100ºF or greater; 3. the energy input capacity of the space heater is equal to or less than 500,000 BTU per hour; 4. the space heater is integrally connected to a tank that supplies the used oil fuel to the space heater and combustion gases from the space heater are vented vertically to the ambient air; 5. the space heater is not operated during the period from June 15th through September 15th; and 6. the space heater is operated in compliance with all other applicable regulations including those of the local fire department and the Massachusetts Office of the State Fire Marshall. (b) Stand-alone solvent still. A generator of Class A regulated recyclable solvent recycled in a stand-alone solvent still at the site of generation, shall ensure that: 1. the process of reclamation is conducted in a “completely enclosed recycling system”, as defined in 310 CMR 30.010; 2. reclaimed solvent is returned to an on-site process similar to the one in which it was generated; 3. reclaimed solvent is not used to produce a fuel or products that are used in a manner constituting disposal; 4. the solvent still is operated in compliance with all other applicable regulations, including those of the local fire department and the Massachusetts Office of the State Fire Marshall; and 5. the reclamation does not involve controlled flame combustion. (c) Silver Recovery Units. A generator of silver-bearing Class A regulated recyclable material recycled in stand-alone silver recovery units at the site of generation shall ensure that: 1. the process of reclamation is conducted in a “completely enclosed recycling system” as defined in 310 CMR 30.010; 2. if the generator is a photoprocessor or printer subject to the Environmental Results Program (ERP), 310 CMR 71.00: Industrial Wastewater Regulations for Photo Processors and Printers, it shall comply with 310 CMR 71.00; 3. if the generator is a photoprocessor or printer that is not subject to ERP, the generator shall comply with all applicable federal, state, and local waste water regulations, including those of the local POTW and shall not discharge or transport industrial wastewater to a POTW unless: a. the wastewater contains less than or equal to 2 mg/l (i.e., 2 ppm) silver, however this provision shall not excuse a generator from compliance with a lower, locally enforceable limit; or b. the wastewater is in compliance with a local limit greater than 2 ppm and such limit is established pursuant to a locally enforceable permit. (d) Specification Used Oil Fuel Burned for Energy Recovery in a Fossil Fuel Utilization Facility Other than a Used Oil Fuel Fired Space Heater. A generator of specification used oil fuel burned for energy recoveryin a fossil fuel utilization facility other than a used oil fuel fired space heater shall: 1. manage the material in compliance with 310 CMR 30.250; 2. retain at the site of generation documentation of compliance with 310 CMR 30.250 and include the following: a. information that shows that the material burned at the facility is specification used oil fuel and meets the parameters of specification used oil fuel as defined in 310 CMR 30.216 and that the generator uses sampling and analytical methods in compliance with 310 CMR 30.151 for representative sample methods and 30.152 for flash point determination. For determining approved analytical procedures, see EPA’s “Test Methods for Evaluating Solid Waste, SW-846”; b. a copy of the Department’s air quality approval to burn the used oil fuel pursuant to 310 CMR 7.00: Air Pollution Control; and 3. not mix specification used oil fuel with any off-specification used oil fuel, with any waste oil, or with any hazardous waste fuel, unless such mixing is incidental to the filling or emptying of a tank or container. (e) Recyclable Material Described at 310 CMR 30.212(1)(a), (b) and (c). A generator of Class A regulated recyclable material described at 310 CMR 30.212(1)(a) through (c) and used/reused as an ingredient to make a product, substitutes for a commercial product, or substitutes for feedstock in the original production process, shall ensure that such material is present in the resulting product or process within a specification range typical for the product or process. The Department may consider use of excess regulated recyclable material as a form of treatment and/or disposal subject to the licensing requirements of 310 CMR 30.800.