Md. Code Regs. 26.13.03.03-11 - Consolidation of Waste Received from Maryland-Defined Small Quantity Generators and Others
A. Purpose.
This regulation establishes conditions under which a person may accept
hazardous waste from an off-site generator who is under the control of the
person:
(1) Without having to obtain a
hazardous waste storage facility permit under COMAR 26.13.05 and COMAR
26.13.07, or having to qualify as an interim status storage facility under
COMAR 26.13.06;
(2) Without having
to comply with requirements of Chapters .05- .07 of this subtitle and 40 CFR
Part 268 to which facilities are subject if they hold a hazardous waste storage
facility permit or operate as a hazardous waste storage facility under interim
status; and
(3) Without having to
comply with the notification requirements of Section 3010 of RCRA that apply to
facilities that require a hazardous waste storage facility permit or
authorization to operate a hazardous waste storage facility under interim
status.
B. Scope. This
regulation conditionally authorizes a person to accept, at a site of hazardous
waste generation, hazardous waste from an off-site generator for consolidation,
if:
(1) The generator associated with the
point of consolidation and the off-site generator are under the control of the
same person, subject to the following:
(a)
"Person" has the meaning given by the definition in COMAR
26.13.01.03B;
and
(b) For the purposes of this
regulation, "control":
(i) Means the power to
direct the policies of the generator, whether by the ownership of stock, voting
rights, or otherwise; and
(ii) Does
not include the situation where a contractor operates a proposed site of
consolidation and an off-site generator facility on behalf of a different
person;
(2) The
generator from whom the waste is being accepted is located:
(a) In Maryland and is regulated as a
Maryland-defined small quantity generator;
(b) Outside of Maryland, located in a
jurisdiction in which the U.S. Environmental Protection Agency is the primary
implementing authority of the hazardous waste regulatory program, and qualifies
as a very small quantity generator as defined in
40 CFR §
260.10; or
(c) Outside of Maryland and is:
(i) Classified by the state or other
implementing authority as being in a category that is equivalent to the federal
very small quantity generator category; and
(ii) Allowed, under the regulations of the
implementing authority, to send hazardous waste to the Maryland point of
consolidation;
(3) The generator at the site that is
accepting the off-site waste does not take advantage of any of the exemptions
that are identified in Regulation .01-1D of this chapter that are available to
generators who qualify as a small quantity generator under federal regulations;
and
(4) The requirements of §§C-E
of this regulation are met.
C. Notification. A generator who wishes to
accept hazardous waste from an off-site generator, as allowed under §§A-B of
this regulation, shall:
(1) Notify the
Department:
(a) At least 30 days before
receiving the first shipment of hazardous waste from the off-site generator;
and
(b) Using EPA Form 8700-12,
unless the Department specifies an alternate method;
(2) As part of the notification, identify the
name and the address of each off-site generator from whom hazardous waste will
be accepted; and
(3) Submit an
updated notification to the Department within 30 days after a change in the
name or in the site address of an off-site generator from whom hazardous waste
is accepted under this regulation, using EPA Form 8700-12 unless the Department
specifies an alternate method.
D. Record Keeping. A generator who accepts
hazardous waste from an off-site generator under this regulation shall:
(1) Maintain a record of each shipment
received from off-site for 3 years from the date the hazardous waste was
received from the off-site generator;
(2) Include in the record of each shipment
received:
(a) The name, site address, and
contact information for the off-site generator; and
(b) A description of the hazardous waste
received, along with information on the quantity of waste and the date
received.
E.
Waste Management Requirements. A generator who accepts hazardous waste from
off-site under this regulation shall, in managing that waste:
(1) Comply with the requirements of this
chapter that apply to a hazardous waste generator independently of any
conditional exemptions, as specified in Regulation .01A(2) of this
chapter;
(2) Comply with the
requirements of Regulations .03-4-.03-11 of this chapter, Regulation .05E of
this chapter, and Regulations .051-.05-2 of this chapter, consistent with the
limitation in §B(3) of this regulation that prevents a person from taking
advantage of certain exemptions available to persons who qualify as a small
quantity generator under federal regulations; and
(3) For the purposes of the labeling and
marking requirements of Regulation .03-.10 of this chapter, label the container
or unit with:
(a) The date that the waste was
received from the off-site generator as the date on which accumulation started;
or
(b) If the generator is
consolidating waste from the off-site generator with the generator's own waste,
or with hazardous waste from other off-site generators, label the container or
unit with the starting date for accumulation as the earliest of the following
dates:
(i) The earliest date of receipt of any
of the off-site waste that has been consolidated in the container or unit;
or
(ii) The start date of waste
accumulation in the generator's container or unit into which the off-site waste
is being consolidated.
Notes
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