Md. Code Regs. 26.13.03.03-4

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

Section 26.13.03.03-4 - Accumulation of Hazardous Waste - Exemption from Permit Requirement

A. General.

(1) Except as specified in §A(2) of this regulation, this regulation and Regulations .03-5-.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1-.05-2 of this chapter specify requirements with which a person subject to this chapter shall comply in order for the person to be allowed to temporarily accumulate hazardous waste on-site without having met the requirement to either:

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

(b) Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the unit in which the hazardous waste is being managed.

(2) The requirements specified in this regulation and Regulations .03-5-.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1-.05-2 of this chapter do not apply to the management of hazardous waste:

(a) In a satellite accumulation area in accordance with the requirements of Regulation .03-3 of this chapter; or

(b) In accordance with the alternative standards for episodic generation events in Regulations .05-2-.05-4 of this chapter.

(3) A person who fails to comply with a requirement of this regulation, Regulations .03-5-.03-11 of this chapter, Regulation .05E of this chapter, or Regulations .05-1-.05-2 of this chapter while accumulating hazardous waste:

(a) Shall, while out of compliance, lose the exemption from the requirement to have a CHS permit or be operating under interim status authority; and

(b) May be subject to enforcement action for operating a CHS facility without a permit or having qualified for interim status.

(4) A person who is accumulating hazardous waste without a permit or without having qualified for interim status under the exemption provided by this regulation shall, before the time limit specified in §C of this regulation is exceeded:

(a) Ship the waste to an off-site facility permitted or authorized to accept it;

(b) Place the waste in an on-site permitted hazardous waste management unit; or

(c) Otherwise arrange for final disposition of the waste in accordance with State and federal regulations regarding hazardous waste management.

B. Types of Waste Management Units Authorized for Accumulation of Hazardous Waste. A person may accumulate hazardous waste under the exemption from permit requirements provided by this regulation:

(1) In containers, as specified in Regulation .03-6 of this chapter;

(2) In tanks, as specified in Regulation .03-7 of this chapter;

(3) On drip pads, as specified in Regulation .03-8 of this chapter, if the waste is drippage from a wood preserving process, precipitation, or surface water run-on; or

(4) In a containment building, as specified in Regulation .03-9 of this chapter.

C. Limits on Time of Accumulation of Hazardous Waste. A person may accumulate a hazardous waste on site for no more than 90 days, unless:

(1) The generator has been granted an extension on accumulation time by the Department, in accordance with §D of this regulation;

(2) The waste is being managed in a satellite accumulation area under the provisions of Regulation .03-3 of this chapter;

(3) The waste is being managed in a container or a tank by a person who qualifies for an additional 90 days of accumulation time under the provisions of §D(2) of this regulation, for a maximum accumulation limit of 180 days, by being a person who:

(a) Meets the federal definition of a small quantity generator;

(b) Never accumulates more than:

(i) 1,000 kilograms of hazardous waste; and

(ii) 1 kilogram of acute hazardous waste; and

(c) Does not receive hazardous waste from an off-site Maryland-defined small quantity generator under the provisions of Regulation .03-11 of this chapter;

(4) The waste is being managed in a unit that has:

(a) Been approved for management of the waste under the terms of a CHS permit; or

(b) Qualified for interim status; or

(5) The waste is being managed under the provisions for an episodic generation event in Regulations .05-2-.05-4 of this chapter.

D. Allowance for Accumulation of Hazardous Waste for Additional Periods of Time.

(1) The Department may grant an extension of up to 30 days to the 90-day accumulation time limit of §C of this regulation or the 180 day accumulation time limit of §D(2) of this regulation if the Department determines that an extension is necessary due to temporary, unforeseen, and uncontrollable circumstances.

(2) A generator who meets the criteria in §C(3) of this regulation may accumulate hazardous waste for up to 90 days beyond the 90 day limit specified in §C of this regulation.

E. In order to be eligible for the exemption from permitting and interim status requirements with respect to accumulation of hazardous waste identified in §A of this regulation, a person shall comply with all requirements of this regulation and Regulations .035-.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1-.05-2 of this chapter.

Md. Code Regs. 26.13.03.03-4

Regulations .03-4 adopted 48:9 Md. R. 359, eff. 5/3/2021