Md. Code Regs. 26.13.03.03-4 - Accumulation of Hazardous Waste - Exemption from Permit Requirement
A. General.
(1) Except as specified in §A(2) of this
regulation, this regulation and Regulations .03-5-.03-11 of this chapter,
Regulation .05E of this chapter, and Regulations .05-1-.05-2 of this chapter
specify requirements with which a person subject to this chapter shall comply
in order for the person to be allowed to temporarily accumulate hazardous waste
on-site without having met the requirement to either:
(a) Obtain a CHS permit issued under COMAR
26.13.07 for the unit in which the hazardous waste is being managed;
or
(b) Qualify for interim status,
as defined in COMAR
26.13.01.03B,
with respect to the unit in which the hazardous waste is being
managed.
(2) The
requirements specified in this regulation and Regulations .03-5-.03-11 of this
chapter, Regulation .05E of this chapter, and Regulations .05-1-.05-2 of this
chapter do not apply to the management of hazardous waste:
(a) In a satellite accumulation area in
accordance with the requirements of Regulation .03-3 of this chapter;
or
(b) In accordance with the
alternative standards for episodic generation events in Regulations .05-2-.05-4
of this chapter.
(3) A
person who fails to comply with a requirement of this regulation, Regulations
.03-5-.03-11 of this chapter, Regulation .05E of this chapter, or Regulations
.05-1-.05-2 of this chapter while accumulating hazardous waste:
(a) Shall, while out of compliance, lose the
exemption from the requirement to have a CHS permit or be operating under
interim status authority; and
(b)
May be subject to enforcement action for operating a CHS facility without a
permit or having qualified for interim status.
(4) A person who is accumulating hazardous
waste without a permit or without having qualified for interim status under the
exemption provided by this regulation shall, before the time limit specified in
§C of this regulation is exceeded:
(a)
Ship the waste to an off-site facility permitted or authorized to accept
it;
(b) Place the waste in an
on-site permitted hazardous waste management unit; or
(c) Otherwise arrange for final disposition
of the waste in accordance with State and federal regulations regarding
hazardous waste management.
B. Types of Waste Management Units Authorized
for Accumulation of Hazardous Waste. A person may accumulate hazardous waste
under the exemption from permit requirements provided by this regulation:
(1) In containers, as specified in Regulation
.03-6 of this chapter;
(2) In
tanks, as specified in Regulation .03-7 of this chapter;
(3) On drip pads, as specified in Regulation
.03-8 of this chapter, if the waste is drippage from a wood preserving process,
precipitation, or surface water run-on; or
(4) In a containment building, as specified
in Regulation .03-9 of this chapter.
C. Limits on Time of Accumulation of
Hazardous Waste. A person may accumulate a hazardous waste on site for no more
than 90 days, unless:
(1) The generator has
been granted an extension on accumulation time by the Department, in accordance
with §D of this regulation;
(2) The waste is being managed in a satellite
accumulation area under the provisions of Regulation .03-3 of this
chapter;
(3) The waste is being
managed in a container or a tank by a person who qualifies for an additional 90
days of accumulation time under the provisions of §D(2) of this
regulation, for a maximum accumulation limit of 180 days, by being a person
who:
(a) Meets the federal definition of a
small quantity generator;
(b) Never
accumulates more than:
(i) 1,000 kilograms of
hazardous waste; and
(ii) 1
kilogram of acute hazardous waste; and
(c) Does not receive hazardous waste from an
off-site Maryland-defined small quantity generator under the provisions of
Regulation .03-11 of this chapter;
(4) The waste is being managed in a unit that
has:
(a) Been approved for management of the
waste under the terms of a CHS permit; or
(b) Qualified for interim status;
or
(5) The waste is being
managed under the provisions for an episodic generation event in Regulations
.05-2-.05-4 of this chapter.
D. Allowance for Accumulation of Hazardous
Waste for Additional Periods of Time.
(1) The
Department may grant an extension of up to 30 days to the 90-day accumulation
time limit of §C of this regulation or the 180 day accumulation time limit
of §D(2) of this regulation if the Department determines that an extension
is necessary due to temporary, unforeseen, and uncontrollable
circumstances.
(2) A generator who
meets the criteria in §C(3) of this regulation may accumulate hazardous
waste for up to 90 days beyond the 90 day limit specified in §C of this
regulation.
E. In order
to be eligible for the exemption from permitting and interim status
requirements with respect to accumulation of hazardous waste identified in
§A of this regulation, a person shall comply with all requirements of this
regulation and Regulations .035-.03-11 of this chapter, Regulation .05E of this
chapter, and Regulations .05-1-.05-2 of this chapter.
Notes
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