Md. Code Regs. 26.13.03.03-11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 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.

Md. Code Regs. 26.13.03.03-11

Regulations .03-11 adopted 48:9 Md. R. 359, eff. 5/3/2021