Md. Code Regs. 26.13.03.05-4 - Episodic Generation Events-Maryland-Defined Small Quantity Generators
A. A person who
qualifies as a Maryland-defined small quantity generator may maintain that
generator status following an episodic generation event, as described in
regulation .05-3 of this chapter, by complying with the requirements of
§§B-D of this regulation.
B. General Requirements.
(1) Limit on Number of Episodic Generation
Events.
(a) A generator may maintain the
generator's status as a Maryland-defined small quantity generator following, at
most, one episodic generation event during a calendar year, unless the
Department grants a petition for an additional episodic generation event under
Regulation .05-5 of this chapter.
(b) For an episodic generation event beyond
the one or two allowed by §B(1)(a) of this regulation, the generator is
subject to all applicable requirements of this chapter, based on the amount of
hazardous waste generated and accumulated as a result of the event, in addition
to any other hazardous waste generated or accumulated.
(2) Notification. The generator shall:
(a) Notify the Department using EPA Form
8700-12 no later than 30 days before initiating a planned episodic generation
event, as described in Regulation .05-3C of this chapter;
(b) For an unplanned episodic generation
event, as described in Regulation .05-3D of this chapter, notify the Department
within 72 hours of the unplanned event, contacting the unit in the Department
that is responsible for oversight of hazardous waste management, making the
notification:
(i) Initially, by phone, email,
or fax communication; and
(ii)
Subsequent to the initial notification, by submitting a notification using EPA
Form 8700-12; and
(c)
Include, as part of the notification:
(i) The
start date of the episodic generation event;
(ii) The anticipated end date of the episodic
generation event;
(iii) The reason
or reasons for the event;
(iv) The
types and estimated quantities of hazardous waste expected to be generated as a
result of the event;
(v) Contact
information for a facility contact with whom the Department may discuss the
submittal; and
(vi) Contact
information for an emergency coordinator with 24-hour telephone access who will
respond to emergencies in compliance with §B(4) of this
regulation.
(3)
EPA ID Number. If the generator does not have an EPA identification number, the
generator shall obtain one from the Department using EPA Form
8700-12.
(4) Emergency Coordinator.
The generator shall ensure that at all times when hazardous waste is being
managed under the provisions for an episodic generation event, there is an
employee who has been designated as the emergency coordinator who:
(a) Has the responsibility for coordinating
all emergency response measures specified in §B(5) of this
regulation;
(b) Is either on the
premises or is on-call by being able to be readily contacted; and
(c) If is on-call rather than at the
premises, is available to respond to an emergency by reaching the facility
within a short period of time.
(5) Response to Emergencies. The generator
shall ensure that appropriate actions, as specified in §B(6) of this
regulation, are taken in response to an emergency, with the actions being taken
by:
(a) The generator;
(b) The emergency coordinator;
(c) A person working for the generator at the
site of the episodic generation event who is confronted with the
emergency;
(d) A contractor
operating on behalf of the generator; or
(e) Any of these.
(6) Emergency Response Measures. A person
identified in §B(5) of this regulation shall, in responding to an
emergency, respond as follows:
(a) In the
event of a fire:
(i) Call the fire
department;
(ii) Attempt to
extinguish the fire using the appropriate fire extinguisher; or
(iii) Both;
(b) In the event of a spill:
(i) Contain the flow of hazardous waste to
the extent possible; and
(ii) As
soon as is practical, clean up materials contaminated with spilled hazardous
waste, and any contaminated soil or other contaminated environmental media
resulting from the spill; and
(c) In the event of a fire, explosion, or
other release that could threaten human health outside the facility, or if the
generator or an agent of the generator has knowledge that a spill has reached
surface water, immediately notify the National Response Center using the
24-hour toll free number (800) 424-8802, and include, as part of the
notification:
(i) The name, address, and EPA
identification number of the generator;
(ii) The date and time of the
incident;
(iii) The type of
incident, such as a spill or fire;
(iv) The quantity and type of hazardous waste
involved in the incident;
(v) The
extent of injuries, if any; and
(vi) The estimated quantity and disposition
of recovered materials, if any.
(7) Record Keeping. The generator shall
maintain the following information for 3 years from the end date of the
episodic generation event:
(a) The starting
date and the end date of the event;
(b) A description of the event;
(c) A description of the types and quantities
of hazardous waste generated during the event;
(d) A description of how the hazardous waste
that was generated during the event was managed;
(e) The name of the designated facility, as
defined in COMAR
26.13.01.03B,
that received the hazardous waste from the event;
(f) The name of each transporter that
transported hazardous waste from the event; and
(g) A copy of the approval letter issued by
the Department if the event is a second episodic generation event during the
same calendar year.
C. Management Standards.
(1) A Maryland-defined small quantity
generator managing hazardous waste from an episodic generation event:
(a) May accumulate the waste in a:
(i) Container, if the requirements of
§C(2) and §C(3) of this regulation are met; or
(ii) Tank, if the requirements of §C(4)
of this regulation are met; and
(b) May not accumulate the waste on a drip
pad or in a containment building.
(2) Container Management Standards. The
generator shall ensure that if a container is being used to accumulate
hazardous waste from an episodic generation event, the container is :
(a) In good condition;
(b) Compatible with the waste that is being
accumulated;
(c) Kept closed,
except to add or remove waste; and
(d) Marked or labeled with the following
information clearly visible for inspection:
(i) The words "Episodic hazardous
waste";
(ii) An indication of the
hazards of the contents of the container, as specified in §C(3) of this
regulation; and
(iii) The date on
which the episodic generation event began.
(3) The following are acceptable indications
of hazards for the purposes of labeling containers under §C(2)(ii) of this
regulation:
(a) The hazardous waste
characteristic or characteristics of those identified in COMAR 26.13.02.11-.14
that the waste exhibits;
(b) Hazard
communication information consistent with the U.S. Department of Transportation
requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F
(placarding);
(c) A hazard
statement or pictogram consistent with the U.S. Occupational Health and Safety
Administration Hazard Communication Standard at
29 CFR §
1910.1200;
(d) A chemical hazard label consistent with
the National Fire Protection Association Code 704; or
(e) Some other method that is at least as
effective as any of the methods listed in §C(3)(a)-(d) of this
regulation.
(4) Tank
Management Standards. The generator shall ensure that if a tank is being used
to accumulate hazardous waste from an episodic event, the tank is:
(a) In good condition;
(b) Compatible with the waste that is being
accumulated in the tank;
(c)
Provided with design features and operational procedures that will prevent
overflow of the tank, such as the tank being equipped with a high-level alarm
and a means to quickly stop waste inflow; and
(d) Inspected at least once each operating
day to ensure that:
(i) All applicable
discharge control equipment, such as waste feed cutoff systems, bypass systems,
and drainage systems are in good working order;
(ii) The tank is operated according to its
design, as determined by reviewing the data gathered from monitoring equipment,
associated with the tank, such as level gauges, pressure gauges, and
temperature gauges; and
(e) Marked or labeled:
(i) With the words "Episodic Hazardous
Waste"; and
(ii) An indication of
the hazards of the contents of the tank using one of the methods listed in
§C(3)(a)-(e) of this regulation
(5) Manifest Requirements. The generator
shall comply with the hazardous waste manifest provisions of Regulation .04 of
this chapter and applicable provisions of 40 CFR Part 262 Subpart B when the
generator sends hazardous waste from an episodic event off site to a designated
facility as defined in COMAR
26.13.01.03B.
(6) Time Limit on Waste
Accumulation. Not later than 60 calendar days after the starting date of the
episodic generation event, the generator shall have manifested and sent all
hazardous waste from the episodic generation event to a designated facility as
defined in COMAR
26.13.01.03B.
Notes
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