Md. Code Regs. 26.13.03.03-5

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

Section 26.13.03.03-5 - General Requirements for Persons Accumulating Hazardous Waste

A. Except as provided in Regulation .03-4A(2) of this chapter, a person who is accumulating hazardous waste without authorization provided by a permit or interim status, or under the exclusions applicable to Maryland-defined small quantity generators shall comply with all provisions of this regulation.

B. Personnel Training. The generator of a hazardous waste that is being accumulated:

(1) Shall:

(a) Implement a personnel training program that meets the requirements of COMAR 26.13.05.02G, as modified by §B(1)(b), §B(2), and §B(3) of this regulation; and

(b) Ensure that the training program is designed to teach facility personnel how to:

(i) Perform their duties in a way that ensures compliance with State and federal regulations regarding hazardous waste management; and

(ii) Respond effectively and appropriately to emergencies that may involve hazardous waste;

(2) May implement the personnel training program required by §B(1) of this regulation through a program of online training, classroom instruction, on-the-job training, or all of these; and

(3) Is not required to provide separate emergency response training to facility personnel who receive emergency response training in accordance with the requirements of 29 CFR § 1910.120(p)(8) and 29 CFR § 1910.120(q) if the overall training program otherwise meets the requirements of §B(1) and B(2) of this regulation.

C. Preparedness and Prevention.

(1) Except as provided in §C(2) of this regulation, a person subject to this regulation:

(a) Shall ensure that, for each area at a site where hazardous waste is generated or accumulated, the requirements of COMAR 26.13.05.03 for preparedness and prevention at a hazardous waste facility are met; and

(b) May determine the most appropriate locations within the facility to locate equipment necessary to prepare for and respond to emergencies.

(2) A person is not required to have a particular kind of equipment specified in COMAR 26.13.05.03C at a given location at a site if the person can demonstrate to the Department that, for safety reasons, the location does not lend itself to having the particular kind of equipment.

D. Contingency Plan and Emergency Procedures.

(1) Except as provided in §D(2) of this regulation, a person subject to this regulation shall comply with the requirements of COMAR 26.13.05.04B-G.

(2) A hazardous waste generator is exempt from the requirement of COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan, and the requirements of §E of this regulation regarding a quick reference guide for emergency responders if the generator:

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

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

(3) In addition to submitting a copy of the contingency plan to the persons identified in COMAR 26.13.05.04D(2), the generator may also submit the plan to a local emergency planning committee, as appropriate.

E. Quick Reference Guide for Emergency Responders.

(1) Except for persons identified in §D(2) of this regulation, a generator shall, by the deadline specified in §E(3) of this regulation, submit a quick reference guide for emergency responders that meets the requirements of this section.

(2) The generator shall submit the quick reference guide to:

(a) All local emergency responders who may be called upon to provide emergency services, such as police departments, fire departments, hospitals, and State and local emergency response teams; or

(b) As appropriate, a local emergency planning committee.

(3) Deadlines for Submission.

(a) A person who was accumulating hazardous waste under the provisions of Regulation .03-4 of this chapter before December 1, 2021 shall distribute the quick reference guide in accordance with §E(1) of this regulation when the generator first amends the generator's contingency plan after December 1, 2021; and

(b) A person who begins accumulating hazardous waste under the provisions of Regulation .03-4 of this chapter on or after December 1, 2021 shall have distributed the quick reference guide before having begun the accumulation of hazardous waste.

(4) The generator shall include the following in the quick reference guide:

(a) Identification, in layman's terms, of the types or names of hazardous wastes being managed, such as "toxic paint waste", "spent ignitable solvent", or "corrosive acid";

(b) The maximum amount of hazardous waste that may be present at any time;

(c) Identification of any hazardous waste for which an exposure to the waste would require unique or special treatment by medical or hospital staff;

(d) A map of the facility that shows where hazardous wastes are generated, accumulated, and treated, and routes for accessing these wastes;

(e) A street map that shows the location of the facility in relation to surrounding businesses, schools, and residential areas, with sufficient detail to allow emergency response personnel to determine how best to:

(i) Get to the facility; and

(ii) Evacuate citizens and workers;

(f) The locations and capacities of sources of water supply, such as fire hydrants and their flow rates;

(g) Identification of on-site emergency notification systems, such as smoke alarms or a fire alarm that rings off-site; and

(h) The name of each emergency coordinator and the telephone number at which each emergency coordinator can be reached at any time, or, if the facility continuously has an emergency coordinator on duty, the telephone number at which the on-duty emergency coordinator can be reached.

(5) Revisions. The generator shall:

(a) Update, if necessary, the quick reference guide to the contingency plan whenever the generator amends the contingency plan; and

(b) Submit the revised contingency plan and quick reference guide to the persons identified in §E(2) of this regulation.

F. Status of Recovered Material Following an Emergency. Unless the generator can demonstrate, in accordance with COMAR 26.13.02.03C and D and COMAR 26.13.02.04-1 that material recovered following an emergency is not a hazardous waste, then the recovered material is a newly generated hazardous waste, and the generator shall manage the waste in accordance with all applicable requirements and conditions of this chapter, COMAR 26.13.04, and COMAR 26.13.06.

Md. Code Regs. 26.13.03.03-5

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