Md. Code Regs. 26.13.06.08

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

Section 26.13.06.08 - Closure - Amendment of Plan

A. Written Plan. The following requirements apply to the owner or operator of an interim status facility:

(1) By May 19, 1981, or by 6 months after the effective date of the regulation that first subjects a facility to the provisions of this regulation, the owner or operator shall have a written closure plan;

(2) Until final closure is completed and certified in accordance with Regulation .11 of this chapter, the owner or operator shall furnish a copy of the most current plan to the Secretary upon request, including request by mail; and

(3) For facilities without approved closure plans, the owner or operator shall provide a copy of the closure plan during site inspections, on the day of the inspection, to any officer, employee, or representative of the Department who is designated by the Secretary.

B. The owner or operator shall assure that the closure plan identifies the steps necessary to perform partial or final closure of the facility, or both, at any point during its active life.

C. Content of the Closure Plan. The owner or operator shall assure that the closure plan includes, at least:

(1) A description of how each hazardous waste management unit at the facility will be closed in accordance with §B of this regulation;

(2) A description of how final closure of the facility will be conducted in accordance with §B of this regulation, which shall identify the maximum extent of the operations that will be conducted during interim status during the active life of the facility;

(3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility;

(4) A detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes;

(5) An identification of the type or types of the off-site hazardous waste management units to be used, if applicable;

(6) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to:

(a) Procedures for cleaning equipment and removing contaminated soils;

(b) Methods for sampling and testing surrounding soils; and

(c) Criteria for determining the extent of decontamination necessary to satisfy the closure performance standard;

(7) A detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including but not limited to ground water monitoring, leachate collection, and run-on and run-off control;

(8) A schedule for closure of each hazardous waste management unit, and for final closure of the facility, which includes, at a minimum:

(a) The total time required to close each hazardous waste management unit; and

(b) The time required for intervening closure activities which will allow tracking of the progress of partial and final closure;

(9) For a landfill unit, as part of the schedule required by §C(8) of this regulation, estimates of the time required to treat or dispose of all hazardous waste inventory, and of the time required to place a final cover; and

(10) An estimate of the expected year of final closure if the facility:

(a) Uses trust funds to demonstrate financial assurance under 40 CFR § 265.143 or 265.145, which are incorporated by reference in Regulation .16 of this chapter, and has a remaining operating life that is less than 20 years; or

(b) Does not have an approved closure plan.

D. Amendment of Plan.

(1) The owner or operator may amend the closure plan at any time before the notification of partial or final closure of the facility under §E of this regulation.

(2) An owner or operator with an approved closure plan seeking to amend the plan shall:

(a) Submit a written request to the Secretary to authorize a change to the approved closure plan; and

(b) Include a copy of the amended closure plan with the written request for approval by the Secretary.

(3) The owner or operator shall amend the closure plan whenever:

(a) Changes in operating plans or facility design affect the closure plan;

(b) There is a change in the expected year of closure, if applicable; or

(c) In conducting partial or final closure activities, unexpected events require a modification of the closure plan.

(4) The owner or operator shall amend the closure plan:

(a) At least 60 days before the proposed change in facility design or operation; or

(b) Except as provided in §D(5) of this regulation, not later than 60 days after an unexpected event occurs which has affected the closure plan.

(5) If an unexpected event occurs during the partial or final closure period that requires a modification of the closure plan, the owner or operator shall amend the closure plan not later than 30 days after the unexpected event.

(6) The provisions of §D(4) and (5) of this regulation also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with Regulation .22B(3) of this chapter.

(7) An owner or operator with an approved closure plan shall submit a modified plan to the Secretary:

(a) At least 60 days before the proposed change in facility design or operation; or

(b) Except as provided in §D(8) of this regulation, not more than 60 days after an unexpected event occurs which has affected the closure plan.

(8) If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the modified plan not more than 30 days after the unexpected event.

(9) The provisions of §D(7) and (8) of this regulation also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with Regulation .22B(3) of this chapter. Unless the amendment to the plan is a minor modification according to the criteria in COMAR 26.13.07.13 s -.13-3, the request for modification will be processed according to the procedures in §E(8), (9), and (10) of this regulation.

(10) Modifications at the Request of the Secretary.

(a) The Secretary may request modifications to the closure plan under the conditions described in §D(3) of this regulation.

(b) An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the Secretary, or within 30 days if the Secretary has made the request as a result of an unexpected event occurring during partial or final closure.

(c) Unless the amendment to the plan is a minor modification according to the criteria in COMAR 26.13.07.13 s -.13-3, the request for modification will be processed according to the procedures in §D(8), (9), and (10) of this regulation.

E. Notification of Partial Closure and Final Closure.

(1) The owner or operator of a facility without an approved closure plan shall submit the closure plan to the Secretary at least:

(a) 180 days before the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, land treatment unit, or landfill unit;

(b) 180 days before the date on which the owner or operator expects to begin final closure if it involves a surface impoundment, waste pile, land treatment unit, or landfill unit;

(c) 45 days before the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace; and

(d) 45 days before the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units.

(2) An owner or operator with an approved closure plan shall notify the Secretary in writing at least:

(a) 60 days before the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit;

(b) 60 days before the date on which the owner or operator expects to begin final closure of a facility involving a surface impoundment, waste pile, landfill, or land treatment unit;

(c) 45 days before the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace; and

(d) 45 days before the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units.

(3) For the purposes of §E(1) and (2) of this regulation, the date when the owner or operator expects to begin partial or final closure shall be:

(a) Within 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes;

(b) Not later than 1 year after the date on which the hazardous waste management unit received the most recent volume of hazardous waste, if there is a reasonable possibility that the unit will receive additional hazardous wastes, or by a later deadline established by the Secretary under §E(4) of this regulation; or

(c) As provided in §E(5) of this regulation.

(4) The Secretary may approve an extension to the 1-year limit in §E(3)(b) of this regulation if the owner or operator of the facility can demonstrate to the Secretary that:

(a) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes; and

(b) The owner or operator of the facility has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim status requirements.

(5) If an owner or operator of a facility has been allowed to receive non-hazardous wastes in a landfill, land treatment unit, or surface impoundment unit after the final receipt of hazardous waste as provided by Regulation .09H of this chapter, the date when the owner or operator expects to begin closure for the purposes of §E(1) and (2) of this regulation shall be not later than:

(a) 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes; or

(b) 1 year after the date on which the unit received the most recent volume of non-hazardous waste, if there is a reasonable possibility that the unit will receive additional non-hazardous wastes, or by a later deadline established by the Secretary under §E(6) of this regulation.

(6) The Secretary may approve an extension to the 1-year limit in §E(5)(b) of this regulation if the owner or operator of the facility can demonstrate to the Secretary that:

(a) The hazardous waste management unit has the capacity to receive additional non-hazardous wastes; and

(7) The owner or operator of the facility shall submit the closure plan to the Secretary not later than 15 days after:

(a) Termination of interim status except when a permit is issued simultaneously with termination of interim status; or

(b) Issuance of a judicial decree or final order under § 3008 of RCRA or Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, to cease receiving hazardous wastes or close.

(8) Following submission of the closure plan by the owner or operator of the facility, or written notification of intent to begin closure under §E(1) or (2) of this regulation, the Secretary shall provide the owner or operator of the facility and the public, through a newspaper notice, the opportunity to do any of the following for up to 30 days from the date of the newspaper notice:

(a) Submit written comments on the closure plan;

(b) Request modifications to the closure plan; or

(c) Request a public hearing on the closure plan.

(9) Public Hearing.

(a) In response to a request, the Secretary shall hold a public hearing whenever a hearing might clarify one or more issues concerning a closure plan.

(b) In the absence of a request for a public hearing, a hearing may be scheduled at the Secretary's discretion.

(c) The Secretary shall give public notice of the hearing at least 30 days before the hearing occurs.

(d) Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.

(10) Secretarial Approval, Modification, or Disapproval of Closure Plan.

(a) The Secretary shall approve, modify, or disapprove the plan within 90 days of the receipt of the plan.

(b) If the Secretary does not approve the closure plan, the Secretary shall give the owner or operator a detailed written statement of reasons for the refusal.

(c) The owner or operator shall modify the closure plan or submit a new plan for approval within 30 days after receiving the written statement provided under §E(10)(b) of this regulation.

(d) The Secretary shall approve or modify the new or revised closure plan submitted under §E(10)(c) of this regulation in writing within 60 days. If the Secretary modifies the closure plan, this modified closure plan becomes the approved closure plan.

(e) The Secretary shall assure that the approved closure plan is consistent with Regulations .07B and .08-.11 of this chapter, the applicable requirements of Regulations .06, .18D, .19B(4), .20B(6), .22B(3), .28, and .29 of this chapter, and 40 CFR §§ 265.280, 265.351, 265.381, and 265.404, which are incorporated by reference in Regulations .21A, .23B, .24A, and .25A of this chapter, respectively.

(f) If the Secretary modifies the closure plan, a copy of the modified closure plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.

(11) Removal of Wastes and Decontamination or Dismantling of Equipment. This regulation does not preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.

Md. Code Regs. 26.13.06.08

Regulations .08 under new chapter COMAR 26.13.06, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, adopted effective October 16, 2000 (27:20 Md. R. 1843)
Regulation .08E amended effective May 1, 2008 (35:8 Md. R. 809)