Md. Code Regs. 26.13.03.05-3

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

Section 26.13.03.05-3 - Special Provisions for Episodic Generation Events-Purpose and Scope

A. This regulation and Regulations .05-4 and .05-5 of this chapter:

(1) Establish provisions that, if followed, allow a generator of hazardous waste to maintain the generator's status as a Maryland-defined small quantity generator despite the occurrence of an event that causes the generator to exceed an upper limit on waste generation or accumulation that defines the generator's current hazardous waste generator category; and

(2) Are not applicable to a person who meets the federal definition of a small quantity generator.

B. This regulation and Regulations .05-4 and .05-5 of this chapter address waste that is generated in connection with an episodic generation event, which is an event that:

(1) Is either:

(a) A planned event, as described in §C of this regulation; or

(b) An unplanned event, as described in §D of this regulation;

(2) Does not normally occur during the operations of the waste generator; and

(3) Results in an increase in the amount of hazardous waste generated or accumulated that causes the generator to exceed waste generation or accumulation limits for the generator's current generator category.

C. For the purposes of this regulation and Regulations .05-4 and .05-5 of this chapter, a planned episodic generation event:

(1) Is an activity that the generator scheduled in advance, and made arrangements, plans, and preparations to conduct; and

(2) Includes such things as:

(a) Periodic maintenance of facility equipment or features;

(b) Tank cleanouts;

(c) Short-term projects; and

(d) Removal of excess chemical inventory.

D. For the purposes of this regulation and Regulations .05-4 and .05-5 of this chapter, an unplanned episodic generation event:

(1) Is an event that the generator:

(a) Did not plan; and

(b) Reasonably did not expect to occur; and

(2) Includes such things as:

(a) A production process upset;

(b) An emergency product recall;

(c) An accidental spill; and

(d) A catastrophic, naturally occurring event, such as a tornado, hurricane, or flood.

Md. Code Regs. 26.13.03.05-3

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