Md. Code Regs. 26.13.03.05-2 - Closure Notification Requirements
A. Applicability.
(1) This regulation applies to a generator
who is closing, in accordance with Regulation .05-1 of this chapter, a
hazardous waste accumulation area, a hazardous waste management unit, or a site
or facility where hazardous waste was accumulated.
(2) Sections B-C of this regulation apply to
a generator and to a site at which the generator either:
(a) At the time of initiation of a closure
activity, qualifies as a large quantity generator under federal regulations, as
described in Regulation .01-1 of this chapter; or
(b) For a significant period of time before
initiation of the closure action, generated quantities of hazardous waste that
met the threshold for the federal large quantity generator category, with
"significant period of time" determined by the criteria of §A(4) of this
regulation.
(3) Section D
of this regulation applies to a generator and a site at which the generator at
the time of initiation of a closure activity:
(a) Does not qualify as a Maryland-defined
small quantity generator as defined in COMAR
26.13.01.03B;
and
(b) Did not meet the criteria
of §A(2) of this regulation.
(4) For the purposes of §A(2)(b) of this
regulation, a generator is considered to have operated for a significant period
of time as a generator who would qualify as a large quantity generator under
federal regulations if any of the following apply:
(a) At any time during the 12 months before
the initiation of the closure activity, the generator qualified as a large
quantity generator under federal regulations in 5 or more months; or
(b) During any 24-month period, the generator
qualified as a large quantity generator under federal regulations in 10 or more
months.
B.
Closure Notification Requirements for a Waste Accumulation Unit.
(1) A generator who qualified as a large
quantity generator under federal regulations as described in §A(2) of this
regulation, shall, before closing a unit that was used to accumulate hazardous
waste in a container, in a tank, on a drip pad, or in a containment building,
shall either:
(a) Place a notice in the
facility's operating record within 30 days after closure identifying the
location of the unit within the facility, and temporarily defer full
implementation of required closure activities and notification of the
Department; or
(b) Meet the closure
requirements and the closure performance standard of Regulation .05-1 of this
chapter and notify the Department as specified §C of this
regulation.
(2) A
generator may remove from the facility operating record a notification of
closure of an area or unit made in accordance with §B(1)(a) of this
regulation if the generator resumes using the area or unit for the accumulation
of hazardous waste.
C.
Facility Closure Notification Requirements.
(1) A generator who qualified as a large
quantity generator under federal regulations as described in §A(2) of this
regulation shall, if intending to close a facility:
(a) Notify the Department of the intent to
close:
(i) No later than 30 days before
closing the facility; and
(ii)
Using EPA Form 8700-12, unless another method is specified by the
Department;
(b) Within 90
days after closing the facility, or by a later deadline specified by the
Department under the provisions of §C(2) of this regulation, either:
(i) Notify the Department, using EPA Form
8700-12 or another method specified by the Department, that the generator has
complied with the closure performance standard and closure requirements of
Regulation .05-1 of this chapter; or
(ii) If unable to meet the closure
requirements and closure performance standard of Regulation .05-1 of this
chapter, notify the Department using EPA Form 8700-12 or another method
specified by the Department that the generator will close as a landfill under
COMAR 26.13.05.14J in
the case of a container unit, tank unit, or containment building unit, or, for
a facility with a drip pad, that the generator will close under the standards
of COMAR 26.13.05.174.
(2) A generator:
(a) May request additional time to clean
close, which the Department may or may not grant; and
(b) If requesting additional time to clean
close, shall do so by notifying the Department within 75 days after the date of
notification under §C(1)(a)(i) of this regulation, using EPA Form 8700-12
or another method specified by the Department to make the notification, and
providing an explanation as to why the extra time is required.
D. Closure Notification
" Generators Who Do Not Meet Criteria to be Considered a Large Quantity
Generator. A generator who does not meet the criteria of §A(2) of this
regulation, and who intends to cease accumulating hazardous waste throughout a
site, either by permanently ending the on-site operation of hazardous waste
accumulation units, or by ceasing operation at the site entirely, shall:
(1) Notify the Department by submitting a
subsequent site notification using EPA Form 8700-12, indicating the change in
generator status, and, if applicable, requesting that the Department deactivate
the EPA identification number associated with the site; and
(2) Submit the notification required by
§D(1) of this regulation not later than 30 days before the scheduled date
of cessation of the accumulation of hazardous waste or 30 days before the
anticipated final date of facility operations.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.