General Provisions Governing Waste Oil That Is Not Used Oil Fuel

(1) Except as provided in 310 CMR 30.252(2) and (3), waste oil that is not used oil fuel shall be managed either: (a) as hazardous waste fuel (if it is hazardous waste fuel) in compliance with 310 CMR 30.240; or as (b) regulated recyclable material if recycled in some manner other than being burned for energy recovery, in compliance with 310 CMR 30.220 and 310 CMR 30.212(8); or as (c) waste oil or hazardous waste in compliance with 310 CMR 30.201, 30.250, and all provisions 310 CMR 30.000 other than 310 CMR 30.200. (2) Except as otherwise provided in 310 CMR 30.252, Remediation Waste, Remedial Waste Water, Soil, and Sediment, as defined in 310 CMR 40.0000: Massachusetts Contingency Plan, that contain used or unused waste oil, and that are not otherwise a hazardous waste pursuant to 310 CMR 30.120 through 30.136, generated as the result of a response action pursuant to 310 CMR 40.0000, as defined in 310 CMR 40.0000, shall be managed pursuant to 310 CMR 30.000 as a hazardous waste with a waste code of MA01. (a) Such Remediation Waste, Remedial Waste Water, Soil, and Sediment that are subject to the requirements of M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan may be managed by the generator in compliance with the requirements of 310 CMR 40.0030: Management Procedures for Remediation Waste, and the receiving facility's permit issued pursuant to 310 CMR 30.000 or 310 CMR 19.000: Solid Waste Management rather than as MA01 hazardous waste. (b) Such Remediation Waste, Remedial Waste Water, Soil, and Sediment that are subject to the requirements of M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan may be managed by the generator in compliance with the requirements of 310 CMR 40.0030: Management Procedures for Remediation Waste and transported to an out-of-state facility permitted for the receipt of such wastes rather than as MA01 hazardous waste. (c) Such Remediation Waste, Remedial Waste Water, Soil, and Sediment generated at an out-of-state response action may be shipped to a Massachusetts receiving facility as a non­ hazardous waste provided such management is in compliance with the facility's permit issued pursuant to 310 CMR 30.000 or 310 CMR 19.00: Solid Waste Management, and the requirements of the state of generation. (d) Notwithstanding any provision of 310 CMR 30.252, the Department may require, in order to protect the public health, safety, and welfare, or the environment, any Remediation Waste, Remedial Waste Water, Soil, or Sediment subject to the provisions of 310 CMR 30.252 to be managed, stored, transported, treated or disposed of as a hazardous waste. (e) For any Uncontainerized Hazardous Waste, as defined in 310 CMR 40.0000: Massachusetts Contingency Plan, no provision of 310 CMR 30.252(2) shall limit the ability of the Department to require compliance, pursuant to 310 CMR 40.0031(3), with all or portions of the requirements of 310 CMR 30.000 including, but not limited to, those of 310 CMR 30.200 or 310 CMR 30.800. (3) Notwithstanding the provisions of 310 CMR 30.252(1), unused waste oil that is to be used for the original purpose for which it was produced with no other processing than separation from a nonhazardous material at the site of generation or at a facility licensed pursuant to 310 CMR 30.800 is not a waste if it is sold or otherwise transferred as a commercial product. (4) The separation of waste oil from a nonhazardous waste or nonhazardous material at the site of generation is not treatment and does not require a license pursuant to 310 CMR 30.800. The sludge from such a process is either a hazardous waste or wastewater or both and shall be subject to regulation as such. (5) Waste oil that is subject to the provisions of 310 CMR 30.104(2)(g) shall be deemed to be generated when it is accumulated or stored by a generator who is subject to 310 CMR 30.060 through 30.064, including, without limitation, a generator described in 310 CMR 30.353(8).