Md. Code Regs. 26.13.06.01 - General
A. Purpose, Scope,
and Applicability.
(1) The purpose of this
chapter is to establish minimum State standards, which define the acceptable
management of hazardous waste during the period of interim status, and until:
(a) Certification of final closure under
Regulations .07-.11 of this chapter;
(b) Post-closure requirements under
Regulations .12-.15 of this chapter are met, if those requirements apply;
or
(c) A final CHS permit is issued
under COMAR 26.13.07.
(2)
Except as provided in COMAR
26.13.02.05 or as otherwise
provided in this chapter, this chapter applies to owners and operators of the
following hazardous waste management facilities that treat, store, or dispose
of hazardous waste:
(a) Facilities in
existence on the effective date of statutory or regulatory amendments that
render the facility subject to the requirement to have a CHS permit for which
the owner or operator has complied with §B(1) of this regulation;
(b) Facilities in existence on November 19,
1980, for which the owner or operator has failed to provide timely notification
as required by § 3010(a) of RCRA or to file part A of the CHS permit
application as required by §B(1) and (2) of this regulation;
(c) Facilities that were previously required,
because of federal regulations promulgated under the authority of the Hazardous
and Solid Waste Amendments of 1984, to meet the requirements for interim status
under 40 CFR 265 and 270 ;
(d) As
specified in COMAR
26.13.10.30, facilities that store
military munitions classified as a solid waste under COMAR
26.13.10.27 s B; and
(e) Facilities that provide the treatment and
disposal of hazardous waste military munitions.
(3) This chapter applies to owners and
operators of hazardous waste management facilities who are subject to the
requirements of §B of this regulation and fail to comply with these
requirements.
(4) The requirements
of this chapter do not apply to:
(a) A person
disposing of hazardous waste by means of ocean disposal subject to a permit
issued under the Marine Protection, Research, and Sanctuaries Act;
(b) The owner or operator of a facility
permitted, licensed, or registered by the State to manage municipal or
industrial solid waste, if the only hazardous waste the facility treats,
stores, or disposes of is excluded from regulation under this chapter by COMAR
26.13.02.05;
(c) The owner or operator of a facility
managing recyclable materials described in COMAR
26.13.02.06A(2) and
(3), except to the extent that the
requirements of this chapter are referred to in COMAR
26.13.10.01, .03, and
.04;
(d) A generator accumulating
waste on-site in compliance with COMAR
26.13.03.03-3 -.03-10, except to
the extent that a provision of COMAR
26.13.03.03-3 - .03-10 requires
the generator to comply with the requirements of this chapter;
(e) A farmer disposing of waste pesticides
from the farmer's own use in compliance with COMAR
26.13.03.07-4;
(f) The owner or operator of a totally
enclosed treatment facility as defined in COMAR
26.13.01.03B(81);
(g) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in COMAR
26.13.01.03B,
subject to the following:
(i) For a
wastewater treatment unit, the exclusion from the requirements of this chapter
does not apply with respect to treatment of a hazardous waste from off-site,
other than waste delivered to a unit via sanitary sewer in accordance with the
requirements of the Clean Water Act;
(ii) The owner or operator shall comply with
the requirements of COMAR
26.13.05.02H if
the owner or operator is using the unit to treat a characteristic hazardous
waste by dilution to remove the hazardous characteristic from the waste before
land disposal, and the waste is either an ignitable hazardous waste described
in §A(4)(g)(iii) of this regulation, or a reactive hazardous waste;
and
(iii) The provisions of
§A(4)(g)(ii) of this regulation regarding ignitable hazardous waste apply to an
ignitable waste other than a waste in the D001 High TOC Subcategory defined in
40 CFR §
268.40;
(h) Except as provided in §A(5) of this
regulation, a person engaged in treatment or containment activities during
immediate response to any of the following situations, if the person complies
with the otherwise applicable requirements of Regulations .03 and .04 of this
chapter:
(i) A discharge of a hazardous
waste,
(ii) An imminent and
substantial threat of a discharge of a hazardous waste,
(iii) A discharge of a material which, when
discharged, becomes a hazardous waste, or
(iv) An immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of conventional military munitions, other explosive material, or an
explosive device, as determined by an explosive or munitions emergency response
specialist as defined in COMAR
26.13.01.03B;
(i) The owner or operator of a publicly owned
treatment works (POTW) which treats, stores, or disposes of hazardous
waste;
(j) Universal waste handlers
and universal waste transporters handling the following wastes:
(i) Batteries, as described in COMAR
26.13.10.07;
(ii) Pesticides, as described in COMAR
26.13.10.08; and
(iii) Lamps, mercury-containing equipment, or
PCB-containing lamp ballasts, each as described in COMAR
26.13.10.09;
or
(k) The addition of
absorbent material to a waste container or the addition of waste to absorbent
in a container, if:
(i) The combining of waste
and absorbent occurs when waste is first placed in the container;
(ii) COMAR
26.13.05.02H(2),
which concerns requirements for ignitable, reactive, or incompatible waste, is
complied with;
(iii) COMAR
26.13.05.09B,
which concerns condition of containers, is complied with; and
(iv) COMAR
26.13.05.09C,
which concerns compatibility of waste with containers, is complied
with.
(5)
Clarifications Concerning Responses to Emergencies.
(a) The exemption under §A(4)(h) of this
regulation applies only to immediate response activities taken in response to
the circumstances identified in §A(4)(h)(i)- (iv) of this regulation. After the
immediate response activities are completed, the applicable regulations of this
chapter and COMAR 26.13.07 apply fully to the management of any spill residue
or debris which is a hazardous waste under COMAR 26.13.02.
(b) In the case of an explosives or munitions
emergency response, if a federal, State, tribal, or local official acting
within the scope of that individual's official responsibilities, or an
explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste:
(i) By transporters
who do not have EPA identification numbers;
(ii) By transporters who have not been issued
a certificate under COMAR
26.13.04.01C and
F; and
(iii) Without the
preparation of a manifest.
(c) In the case of emergencies involving
military munitions, the responding military emergency response specialist's
organizational unit shall retain records for 3 years identifying:
(i) The dates of the response;
(ii) The responsible persons
responding;
(iii) The type and
description of material addressed; and
(iv) The final disposition of the material
addressed in the emergency.
(6) A person may not manage hazardous waste
with EPA Hazardous Waste Number F020, F021, F022, F023, F026, or F027 at a
facility subject to regulation under this chapter unless:
(a) It is a wastewater treatment sludge
generated in a surface impoundment as part of a plant's wastewater treatment
system;
(b) The waste is stored in
tanks or containers;
(c) The waste
is stored or treated in waste piles that meet the requirements of:
(i) COMAR
26.13.05.12A(2),
and
(ii) Regulation .20 of this
chapter; or
(d) The
facility has been issued a permit to do so under COMAR 26.13.07.
(7) Applicability of Land Disposal
Restrictions.
(a) The requirements of this
chapter apply to owners and operators of facilities that treat, store, or
dispose of hazardous waste referred to in 40 CFR Part 268 ; and
(b) The standards in 40 CFR Part 268 are
considered material conditions or requirements of the interim status
requirements of this chapter.
B. Required Submissions.
(1) Unless the Secretary establishes a later
date as provided in §B(3) of this regulation, an owner or operator of a
hazardous waste management facility in existence on the effective date of
statutory or regulatory amendments that render the facility subject to the
requirement to have a CHS permit shall submit part A of the permit application
to the Department by the earlier of the following two dates:
(a) 6 months after the publication of the
notice of final action on regulations which first require the owner or operator
to comply with the standards set forth in this chapter or COMAR 26.13.10;
or
(b) 30 days after the date the
owner or operator first becomes subject to the standards set forth in this
chapter or COMAR 26.13.10.
(2) If an owner or operator of a hazardous
waste management facility has filed part A of a CHS permit application and has
not yet filed part B of the CHS permit application, the owner or operator shall
file an amended part A application with the Secretary:
(a) Not later than the effective date of
regulatory provisions listing or designating additional wastes as hazardous, if
the facility is treating, storing, or disposing of any of these newly listed or
designated hazardous wastes;
(b) As
necessary to comply with COMAR
26.13.07.23C for
changes during interim status; or
(c) By the deadline established under §B(3)
of this regulation.
(3)
Extension of Deadlines for Submission of Part A Application.
(a) The Secretary may, by publishing a notice
in the Maryland Register, extend the date by which owners or operators of
existing hazardous waste management facilities in a specified class of
facilities are required to submit part A of the CHS permit application if the
Secretary finds that:
(i) There has been
substantial confusion as to whether the owners and operators of those
facilities were required to file a permit application; and
(b) The Secretary may, by compliance order,
extend the date by which the owner or operator of an existing hazardous waste
management facility is required to submit part A of the CHS permit
application.
(4) The
owner or operator of a facility that fails to comply with the updating
requirements of §B(2) of this regulation has interim status only for the wastes
covered by part A CHS permit applications filed in accordance with the
requirements of this section.
(5)
The Secretary may require the owner or operator of a facility operating under
interim status to file a part B CHS permit application by a certain deadline.
If the facility owner or operator fails to furnish a requested part B CHS
permit application by the required deadline, or fails to furnish in full the
information required to be included in the part B CHS permit application, the
Secretary may terminate interim status under COMAR 26.13.07.
C. Imminent Hazard Action.
Notwithstanding any other provisions of this chapter, enforcement actions may
be brought under Environment Article, Title 7, Subtitle 2, Annotated Code of
Maryland, or other applicable State authority.
Notes
Regulation .01B amended effective January 31, 1983 (10:2 Md. R. 110)
Regulation .01F adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .01 under chapter COMAR 26.13.06, Site Selection for CHS Facilities, recodified as Regulation .02-1 under COMAR 26.13.05 effective October 16, 2000 (27:20 Md. R. 1843)
Regulations .01 under new chapter COMAR 26.13.06, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, adopted effective October 16, 2000 (27:20 Md. R. 1843)
Regulation .01A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); amended effective 48:9 Md. R. 359, eff.
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