Md. Code Regs. 26.10.13.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.13.08 - Acceptance Requirements

A. An owner, an operator, and a person in charge of an OCS facility:

(1) May accept OCS that:

(a) Contains virgin oil; or

(b) If the origin of the OCS is unknown, has undergone the laboratory analysis required under §D of this regulation; and

(2) May not accept OCS that:

(a) Contains free phase oil product, oil sludge, oil refuse, or oil mixed with other waste that has been mixed with soil;

(b) Is regulated as a CHS under COMAR 26.13; or

(c) Does not meet the conditions of an Individual Oil Operations Permit.

B. Except as otherwise provided in §C of this regulation, an owner, an operator, and a person in charge of an OCS facility shall obtain the following documentation prior to accepting OCS at the OCS facility:

(1) An analytical laboratory report that shows the results of analysis for TPH conducted in accordance with:

(a) USEPA Test Method 8015; or

(b) Another method determined by the Department as appropriate for the type of oil that was spilled, released, or discharged; and

(2) One of the following forms that attest to the origin of the OCS and states that a representative of the Department or another authorized person has reason to believe, based upon evidence presented to the person on-site, that the OCS complies with §A of this regulation:

(a) A Tank Closure Form or Oil Contaminated Soil Removal Form provided and completed by an authorized representative of the Department;

(b) Another form similar to a form listed in §B(2)(a) of this regulation provided and completed by an authorized representative of:

(i) A State or local enforcement agency, such as a local fire department, police agency, or an emergency response unit owned by the enforcement agency or hired by the enforcement agency to conduct a removal of an oil spill, release or discharge; or

(ii) If the OCS originates from out of state, an enforcement agency of another state enforcing an oil regulatory program;

(c) If the OCS is related to the closure of a UST system, underground farm tank, underground residential tank, or underground residential heating oil tank performed in accordance with COMAR 26.10.10, a form provided by the owner, the operator, and the person in charge the OCS facility that was completed by the OCS generator that includes the following information:

(i) The OCS facility name and physical address;

(ii) The printed name and signature of the OCS facility representative;

(iii) The printed name, signature, and certification number of the certified UST system technician or remover;

(iv) The UST owner's name and physical and mailing addresses;

(v) The Department assigned case number for the UST closure;

(vi) The reason for removing the OCS; and

(vii) A signed statement that the OCS is the result of a spill, release, or discharge of virgin oil and not used oil, oil refuse, or oil mixed with waste; or

(d) If the OCS is related to a commercial transportation spill, release, or discharge and one of the documents described in §B(2)(a)-(c) of this regulation cannot be provided, an affidavit completed by the owner or knowledgeable representative of the responsible party confirming that the OCS complies with §A of this regulation.

C. If the documentation described under §B of this regulation cannot be provided or the OCS was contaminated by a substance other than virgin oil, an owner, an operator, and a person in charge of an OCS facility shall obtain an analytical laboratory report provided by the generator with the results of an analysis conducted in accordance with §D of this regulation prior to accepting OCS at the OSC facility.

D. An owner, an operator, and a person in charge of an OCS facility accepting OCS of an unknown origin shall ensure the OCS undergoes an analytical laboratory analysis as follows:

(1) An evaluation for the following oil constituents:

(a) TPH, in accordance with the procedures of USEPA Test Method 8015 or another method determined by the Department as appropriate for the type of oil that was spilled, released, or discharged; and

(b) Polychlorinated biphenyls, in accordance with the procedures of USEPA Test Method 8082A or another method approved by the Department; and

(2) A complete TCLP analysis is conducted in accordance with USEPA Test Method 1311, except that:

(a) The TCLP analysis may be limited to metals only if the generator of the OCS has certified that:

(i) If the OCS was generated within the State, the OCS is excluded under COMAR 26.13.02.04A(12); or

(ii) If the OCS was generated outside the State, the OCS is excluded under 40 CFR § 261.4(b)(10) or an equivalent requirement of that state; or

(b) Pesticides or herbicides may be omitted from the TCLP analysis if the generator of the OCS certifies that pesticides or herbicides are not reasonably expected to be present.

E. An owner, an operator, and a person in charge of an OCS Facility may be found in violation of Environment Article, § 7-224, Annotated Code of Maryland if:

(1) Any person, including the Department, determines through subsequent analytical analyses or a review of records that OCS accepted, stored, or treated at the OCS facility is a CHS; and

(2) The OCS facility does not operate under a valid CHS Facility Permit issued by the Department under COMAR 26.13.07.

F. An owner, an operator, and a person in charge of an OCS facility shall maintain all records, documents, and analytical laboratory reports required under §§B-D this regulation for:

(1) The duration of an active Individual Oil Operations Permit; and

(2) An additional five years after an Individual Oil Operations Permit has expired or been closed by the Department.

Md. Code Regs. 26.10.13.08

Regulations .08 adopted as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); adopted permanently effective July 18, 1993 (20:13 Md. R. 1050); adopted effective 49:12 Md. R. 642, eff. 6/13/2022