Md. Code Regs. 26.13.03.05-4

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

Section 26.13.03.05-4 - Episodic Generation Events-Maryland-Defined Small Quantity Generators

A. A person who qualifies as a Maryland-defined small quantity generator may maintain that generator status following an episodic generation event, as described in regulation .05-3 of this chapter, by complying with the requirements of §§B-D of this regulation.

B. General Requirements.

(1) Limit on Number of Episodic Generation Events.

(a) A generator may maintain the generator's status as a Maryland-defined small quantity generator following, at most, one episodic generation event during a calendar year, unless the Department grants a petition for an additional episodic generation event under Regulation .05-5 of this chapter.

(b) For an episodic generation event beyond the one or two allowed by §B(1)(a) of this regulation, the generator is subject to all applicable requirements of this chapter, based on the amount of hazardous waste generated and accumulated as a result of the event, in addition to any other hazardous waste generated or accumulated.

(2) Notification. The generator shall:

(a) Notify the Department using EPA Form 8700-12 no later than 30 days before initiating a planned episodic generation event, as described in Regulation .05-3C of this chapter;

(b) For an unplanned episodic generation event, as described in Regulation .05-3D of this chapter, notify the Department within 72 hours of the unplanned event, contacting the unit in the Department that is responsible for oversight of hazardous waste management, making the notification:

(i) Initially, by phone, email, or fax communication; and

(ii) Subsequent to the initial notification, by submitting a notification using EPA Form 8700-12; and

(c) Include, as part of the notification:

(i) The start date of the episodic generation event;

(ii) The anticipated end date of the episodic generation event;

(iii) The reason or reasons for the event;

(iv) The types and estimated quantities of hazardous waste expected to be generated as a result of the event;

(v) Contact information for a facility contact with whom the Department may discuss the submittal; and

(vi) Contact information for an emergency coordinator with 24-hour telephone access who will respond to emergencies in compliance with §B(4) of this regulation.

(3) EPA ID Number. If the generator does not have an EPA identification number, the generator shall obtain one from the Department using EPA Form 8700-12.

(4) Emergency Coordinator. The generator shall ensure that at all times when hazardous waste is being managed under the provisions for an episodic generation event, there is an employee who has been designated as the emergency coordinator who:

(a) Has the responsibility for coordinating all emergency response measures specified in §B(5) of this regulation;

(b) Is either on the premises or is on-call by being able to be readily contacted; and

(c) If is on-call rather than at the premises, is available to respond to an emergency by reaching the facility within a short period of time.

(5) Response to Emergencies. The generator shall ensure that appropriate actions, as specified in §B(6) of this regulation, are taken in response to an emergency, with the actions being taken by:

(a) The generator;

(b) The emergency coordinator;

(c) A person working for the generator at the site of the episodic generation event who is confronted with the emergency;

(d) A contractor operating on behalf of the generator; or

(e) Any of these.

(6) Emergency Response Measures. A person identified in §B(5) of this regulation shall, in responding to an emergency, respond as follows:

(a) In the event of a fire:

(i) Call the fire department;

(ii) Attempt to extinguish the fire using the appropriate fire extinguisher; or

(iii) Both;

(b) In the event of a spill:

(i) Contain the flow of hazardous waste to the extent possible; and

(ii) As soon as is practical, clean up materials contaminated with spilled hazardous waste, and any contaminated soil or other contaminated environmental media resulting from the spill; and

(c) In the event of a fire, explosion, or other release that could threaten human health outside the facility, or if the generator or an agent of the generator has knowledge that a spill has reached surface water, immediately notify the National Response Center using the 24-hour toll free number (800) 424-8802, and include, as part of the notification:

(i) The name, address, and EPA identification number of the generator;

(ii) The date and time of the incident;

(iii) The type of incident, such as a spill or fire;

(iv) The quantity and type of hazardous waste involved in the incident;

(v) The extent of injuries, if any; and

(vi) The estimated quantity and disposition of recovered materials, if any.

(7) Record Keeping. The generator shall maintain the following information for 3 years from the end date of the episodic generation event:

(a) The starting date and the end date of the event;

(b) A description of the event;

(c) A description of the types and quantities of hazardous waste generated during the event;

(d) A description of how the hazardous waste that was generated during the event was managed;

(e) The name of the designated facility, as defined in COMAR 26.13.01.03B, that received the hazardous waste from the event;

(f) The name of each transporter that transported hazardous waste from the event; and

(g) A copy of the approval letter issued by the Department if the event is a second episodic generation event during the same calendar year.

C. Management Standards.

(1) A Maryland-defined small quantity generator managing hazardous waste from an episodic generation event:

(a) May accumulate the waste in a:

(i) Container, if the requirements of §C(2) and §C(3) of this regulation are met; or

(ii) Tank, if the requirements of §C(4) of this regulation are met; and

(b) May not accumulate the waste on a drip pad or in a containment building.

(2) Container Management Standards. The generator shall ensure that if a container is being used to accumulate hazardous waste from an episodic generation event, the container is :

(a) In good condition;

(b) Compatible with the waste that is being accumulated;

(c) Kept closed, except to add or remove waste; and

(d) Marked or labeled with the following information clearly visible for inspection:

(i) The words "Episodic hazardous waste";

(ii) An indication of the hazards of the contents of the container, as specified in §C(3) of this regulation; and

(iii) The date on which the episodic generation event began.

(3) The following are acceptable indications of hazards for the purposes of labeling containers under §C(2)(ii) of this regulation:

(a) The hazardous waste characteristic or characteristics of those identified in COMAR 26.13.02.11-.14 that the waste exhibits;

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

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

(d) A chemical hazard label consistent with the National Fire Protection Association Code 704; or

(e) Some other method that is at least as effective as any of the methods listed in §C(3)(a)-(d) of this regulation.

(4) Tank Management Standards. The generator shall ensure that if a tank is being used to accumulate hazardous waste from an episodic event, the tank is:

(a) In good condition;

(b) Compatible with the waste that is being accumulated in the tank;

(c) Provided with design features and operational procedures that will prevent overflow of the tank, such as the tank being equipped with a high-level alarm and a means to quickly stop waste inflow; and

(d) Inspected at least once each operating day to ensure that:

(i) All applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order;

(ii) The tank is operated according to its design, as determined by reviewing the data gathered from monitoring equipment, associated with the tank, such as level gauges, pressure gauges, and temperature gauges; and

(e) Marked or labeled:

(i) With the words "Episodic Hazardous Waste"; and

(ii) An indication of the hazards of the contents of the tank using one of the methods listed in §C(3)(a)-(e) of this regulation

(5) Manifest Requirements. The generator shall comply with the hazardous waste manifest provisions of Regulation .04 of this chapter and applicable provisions of 40 CFR Part 262 Subpart B when the generator sends hazardous waste from an episodic event off site to a designated facility as defined in COMAR 26.13.01.03B.

(6) Time Limit on Waste Accumulation. Not later than 60 calendar days after the starting date of the episodic generation event, the generator shall have manifested and sent all hazardous waste from the episodic generation event to a designated facility as defined in COMAR 26.13.01.03B.

Md. Code Regs. 26.13.03.05-4

Regulations .05-4 adopted 48:9 Md. R. 359, eff. 5/3/2021