Md. Code Regs. 26.13.03.03-3

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

Section 26.13.03.03-3 - Satellite Accumulation Areas

A. Applicability.

(1) This regulation establishes conditions under which a person may accumulate a limited quantity of hazardous waste in containers at or near the point of generation of the waste without having to:

(a) Manage the area where the waste is being accumulated under the hazardous waste accumulation requirements of Regulations .03-4-.03-10 of this chapter, except as otherwise specified in this regulation;

(b) Obtain a CHS permit issued under COMAR 26.13.07 for the area in which the hazardous waste is being accumulated; or

(c) Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the area where the hazardous waste is being accumulated.

(2) A hazardous waste management area referred to in §A(1) of this regulation is known as a satellite accumulation area.

B. Eligible Locations. A location is only eligible to be used as a satellite accumulation area for hazardous waste if the location is:

(1) At or near a point of generation where the waste initially accumulates; and

(2) Under the control of the operator of the process generating the waste.

C. Satellite Accumulation Area Waste Removal Triggers.

(1) If a person accumulates more than the following amounts of hazardous waste in a satellite accumulation area, the person shall take the actions specified in §D of this regulation with respect to that waste:

(a) 55 gallons of nonacute hazardous waste; or

(b) Acute hazardous waste in excess of:

(i) 1 quart of liquid acute hazardous waste;

(ii) Either 1 kilogram of solid acute hazardous waste or 1 quart of solid acute hazardous waste, at the discretion of the person who is accumulating the waste; or

(iii) 1 kilogram of any combination of solid and liquid acute hazardous waste.

(2) If a waste removal trigger has been reached in a satellite accumulation area for nonacute hazardous waste but not for acute hazardous waste, or vice versa, the actions specified in §D of this regulation are only required for the waste for which the waste removal trigger has been exceeded.

D. Actions Required if a Waste Removal Trigger is Exceeded.

(1) The requirements of this section apply separately to containers of acute hazardous waste and containers of nonacute hazardous waste.

(2) Upon accumulation in a satellite accumulation area of an amount of hazardous waste that exceeds a quantity specified in §C(1) of this regulation, the generator of the waste shall:

(a) Immediately mark each container of hazardous waste that is contributing to the exceedance with the date on which the exceedance occurred; and

(b) If the generator begins using an additional container for the accumulation of hazardous waste in the satellite accumulation area, contributing to the exceedance of the waste removal trigger, before the actions required by §D(2)(c) of this regulation are taken, the generator shall mark the container with the date identified in §D(2)(a) of this regulation.

(3) Not later than the end of the third day after the date of exceedance identified in §D(2)(a) of this regulation, the generator shall either:

(a) Begin operating the satellite accumulation area as a hazardous waste accumulation area in accordance with the requirements of Regulation .03-4 of this chapter; or

(b) Remove all waste required to have been marked with the date of exceedance from the satellite accumulation area and transfer it to:

(i) A hazardous waste accumulation area operated in accordance with the requirements of Regulation .03-4 of this chapter;

(ii) An on-site interim status or permitted hazardous waste treatment, storage, or disposal facility; or

(iii) An off-site designated facility authorized to accept the waste.

E. Management Standards.

(1) The generator of a hazardous waste that is being managed in a satellite accumulation area shall ensure that the waste is managed in accordance with the requirements of this section. If the generator fails to do so, then, during the period of noncompliance, the generator will lose the exemption from the requirement to have a CHS permit or interim status, and may be subject to enforcement action for operating a CHS facility without a permit or interim status authorization.

(2) If a container of hazardous waste in a satellite accumulation area is not in good condition, or if it begins to leak, the generator shall immediately:

(a) Transfer the hazardous waste from the container to a container that is in good condition and that does not leak; or

(b) Transfer the hazardous waste to a hazardous waste accumulation area operated in compliance with the requirements of Regulation .03-4 of this chapter.

(3) Special Standards for Incompatible Wastes. A person:

(a) May not place incompatible wastes, or incompatible wastes and materials, examples of which are found in COMAR 26.13.05.24, in the same container unless the requirements of COMAR 26.13.05.02H(2) are met;

(b) May not place hazardous waste in an unwashed container that previously held an incompatible waste or material unless the requirements of COMAR 26.13.05.02H(2) are met; and

(c) Shall ensure that a container that holds hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers is separated from the other materials or protected from them by any practical means.

(4) A container holding hazardous waste shall be kept closed at all times during accumulation except when:

(a) Adding, removing, or consolidating waste; or

(b) Temporary venting of the container is necessary:

(i) For the proper operation of equipment; or

(ii) To prevent dangerous situations, such as the buildup of extreme pressure.

(5) The generator shall mark or label a container that is being used to accumulate hazardous waste with

(a) The words "Hazardous Waste"; and

(b) An indication of the hazards of the contents of the container, with the marking or label communicating the hazards by:

(i) Listing the hazardous waste characteristic or characteristics that the waste exhibits;

(ii) Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding);

(iii) Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR § 1910.1200;

(iv) Providing a chemical hazard label consistent with the National Fire Protection Association code 704; or

(v) Some other method that is at least as effective as any of the methods listed in §E(5)(b)(i)-(iv) of this regulation.

(6) The generator shall ensure that the satellite accumulation area is operated in accordance with the preparedness and prevention requirements of Regulation .03-5C of this chapter.

Md. Code Regs. 26.13.03.03-3

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