Md. Code Regs. 26.13.03.05-2

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

Section 26.13.03.05-2 - Closure Notification Requirements

A. Applicability.

(1) This regulation applies to a generator who is closing, in accordance with Regulation .05-1 of this chapter, a hazardous waste accumulation area, a hazardous waste management unit, or a site or facility where hazardous waste was accumulated.

(2) Sections B-C of this regulation apply to a generator and to a site at which the generator either:

(a) At the time of initiation of a closure activity, qualifies as a large quantity generator under federal regulations, as described in Regulation .01-1 of this chapter; or

(b) For a significant period of time before initiation of the closure action, generated quantities of hazardous waste that met the threshold for the federal large quantity generator category, with "significant period of time" determined by the criteria of §A(4) of this regulation.

(3) Section D of this regulation applies to a generator and a site at which the generator at the time of initiation of a closure activity:

(a) Does not qualify as a Maryland-defined small quantity generator as defined in COMAR 26.13.01.03B; and

(b) Did not meet the criteria of §A(2) of this regulation.

(4) For the purposes of §A(2)(b) of this regulation, a generator is considered to have operated for a significant period of time as a generator who would qualify as a large quantity generator under federal regulations if any of the following apply:

(a) At any time during the 12 months before the initiation of the closure activity, the generator qualified as a large quantity generator under federal regulations in 5 or more months; or

(b) During any 24-month period, the generator qualified as a large quantity generator under federal regulations in 10 or more months.

B. Closure Notification Requirements for a Waste Accumulation Unit.

(1) A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation, shall, before closing a unit that was used to accumulate hazardous waste in a container, in a tank, on a drip pad, or in a containment building, shall either:

(a) Place a notice in the facility's operating record within 30 days after closure identifying the location of the unit within the facility, and temporarily defer full implementation of required closure activities and notification of the Department; or

(b) Meet the closure requirements and the closure performance standard of Regulation .05-1 of this chapter and notify the Department as specified §C of this regulation.

(2) A generator may remove from the facility operating record a notification of closure of an area or unit made in accordance with §B(1)(a) of this regulation if the generator resumes using the area or unit for the accumulation of hazardous waste.

C. Facility Closure Notification Requirements.

(1) A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation shall, if intending to close a facility:

(a) Notify the Department of the intent to close:

(i) No later than 30 days before closing the facility; and

(ii) Using EPA Form 8700-12, unless another method is specified by the Department;

(b) Within 90 days after closing the facility, or by a later deadline specified by the Department under the provisions of §C(2) of this regulation, either:

(i) Notify the Department, using EPA Form 8700-12 or another method specified by the Department, that the generator has complied with the closure performance standard and closure requirements of Regulation .05-1 of this chapter; or

(ii) If unable to meet the closure requirements and closure performance standard of Regulation .05-1 of this chapter, notify the Department using EPA Form 8700-12 or another method specified by the Department that the generator will close as a landfill under COMAR 26.13.05.14J in the case of a container unit, tank unit, or containment building unit, or, for a facility with a drip pad, that the generator will close under the standards of COMAR 26.13.05.174.

(2) A generator:

(a) May request additional time to clean close, which the Department may or may not grant; and

(b) If requesting additional time to clean close, shall do so by notifying the Department within 75 days after the date of notification under §C(1)(a)(i) of this regulation, using EPA Form 8700-12 or another method specified by the Department to make the notification, and providing an explanation as to why the extra time is required.

D. Closure Notification " Generators Who Do Not Meet Criteria to be Considered a Large Quantity Generator. A generator who does not meet the criteria of §A(2) of this regulation, and who intends to cease accumulating hazardous waste throughout a site, either by permanently ending the on-site operation of hazardous waste accumulation units, or by ceasing operation at the site entirely, shall:

(1) Notify the Department by submitting a subsequent site notification using EPA Form 8700-12, indicating the change in generator status, and, if applicable, requesting that the Department deactivate the EPA identification number associated with the site; and

(2) Submit the notification required by §D(1) of this regulation not later than 30 days before the scheduled date of cessation of the accumulation of hazardous waste or 30 days before the anticipated final date of facility operations.

Md. Code Regs. 26.13.03.05-2

Regulations .05-2 adopted 48:9 Md. R. 359, eff. 5/3/2021