Header:
CODE OF MARYLAND REGULATIONS
TITLE 26. DEPARTMENT OF ENVIRONMENT
SUBTITLE 13. DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES
CHAPTER 03. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Date:
08/31/2009
Document:
.05 Pretransport Requirements.
A. Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR 173, 178, and 179.
B. Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of Transportation regulations on hazardous materials, under 49 CFR 172.
C. Marking.
(1) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR 172.
Agency Note: See COMAR 26.13.04.02A(5) or (6) for special provisions for rail or water (bulk shipment) transporters who deliver hazardous waste by rail or water to the designated facility.
(2) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR § 172.304:
"HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U. S. Environmental Protection Agency.
Generator's Name and Address _______________________________.
Generator's EPA Identification Number ______________________.
Manifest Tracking Number ___________________________________."
D. Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F.
E. Accumulation Time.
(1) A generator may accumulate hazardous waste on-site without a permit or without holding interim status for 90 days or less if:
(a) The waste is shipped off-site within 90 days to a permitted facility or placed in an on-site permitted facility;
(b) The generator accumulates the waste:
(i) In containers,
(ii) In tanks,
(iii) On drip pads, if the waste is drippage from a wood-preserving process, precipitation, or surface water run-on, or
(iv) In a containment building;
(c) Containers used to accumulate the waste meet the standards of § A of this regulation;
(d) The generator accumulates the waste in containers in accordance with COMAR 26.13.05.09;
(e) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
(f) Each container is:
(i) Properly labeled according to §§ B and C of this regulation, and
(ii) Labeled or marked clearly with the words "Hazardous Waste", while being accumulated on site.
(g) The generator complies with the requirements for owners or operators in COMAR 26.13.05.02G, .03, and .04;
(h) The generator, in accumulating waste in tanks:
(i) Complies with the requirements of COMAR 26.13.05.10A and C--E, .10-1, .10-2, .10-3B, .10-6A, and COMAR 26.13.06.18D(1)--(3),
(ii) Complies with the requirements of COMAR 26.13.05.10-4, except that the generator may not seek a variance from the requirements of COMAR 26.13.05.10-4 under the provisions of COMAR 26.13.05.10-5,
(iii) Inspects overfill controls at least once each operating day,
(iv) Clearly marks or labels the tanks with the words "Hazardous Waste", while waste is being accumulated in the tanks, and
(v) Need not obtain approval by the Secretary of the written assessment required by COMAR 26.13.05.10-3B before managing hazardous waste in the tank system;
(i) The generator, if accumulating hazardous waste in tanks, submits the following information to the Secretary for each tank exempted from permit requirements under this section:
(i) Date of installation of the tank, or, if the date of installation is unknown, the age of the facility,
(ii) Tank capacity,
(iii) Secondary containment capacity,
(iv) Whether the tank is an above-ground tank, on-ground tank, in-ground tank, or underground tank,
(v) For underground tanks, whether the tank can be entered for inspection, and
(vi) Waste code of each waste managed in the tank;
(j) The generator provides the information required by § E(1)(i) of this regulation by the following deadlines:
(i) For existing tanks, by January 1, 1994,
(ii) For new tanks, before the tank is used to manage hazardous waste;
(k) The generator maintains an inspection log or summary in accordance with the following:
(i) The log or summary documents inspections performed in accordance with § E(1)(d) and (h) of this regulation,
(ii) The log or summary includes the date and time of each inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs made or other remedial actions taken, and
(iii) The generator keeps the log on file for a minimum of 3 years from the date of inspection;
(l) The generator, if accumulating hazardous waste on drip pads:
(i) Accumulates the waste in accordance with COMAR 26.13.05.17-1--.17-4,
(ii) Maintains, at the facility, a description of procedures that are followed to ensure that all wastes are removed from the drip pad, the sump, and the collection system at least once every 90 days,
(iii) Maintains documentation at the facility, for each waste removal, of the date, the time, and the quantity of waste removed from the drip pad, the sump, and the collection system, and
(iv) Notifies the Secretary of the intent to close a drip pad at least 45 days before closure begins;
(m) The generator, if accumulating waste in a containment building:
(i) Complies with the requirements of COMAR 26.13.05.18--.18-3; and
(ii) Before accumulating hazardous waste in the unit, obtains and places in the facility's operating record a certification by a qualified registered professional engineer that the containment building design meets the requirements of COMAR 26.13.05.18-1; and
(n) The generator maintains records at the facility documenting that hazardous waste is managed for no longer than 90 days in containment buildings, with the records consisting of either:
(i) Documentation that the containment building is emptied at least once every 90 days; or
(ii) A written description of the procedures that are followed to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices at the facility that shows these practices are consistent with respecting the 90-day limit, and documentation demonstrating that the procedures have been followed.
(2) A generator who accumulates hazardous waste is an operator of a storage facility and is subject to the requirements of COMAR 26.13.05 or 23.13.06, unless the hazardous waste:
(a) Is accumulated for 90 days or less; or
(b) Accumulated:
(i) Is less than 500 kilograms,
(ii) Contains less than 1 kilogram of acute hazardous waste,
(iii) Is accumulated for 180 days or less from the date of initial generation or accumulation, and
(iv) Is generated by a person who generates less than 1,000 kilograms of hazardous waste in a calendar month.
(3) Satellite Accumulation. A generator may accumulate as much as 55 gallons of hazardous waste or 1 quart of acutely hazardous waste listed in COMAR 26.13.02.19E in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit and without complying with § E(1) provided the generator:
(a) Complies with COMAR 26.13.05.09B--D; and
(b) Marks his containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.
(4) Returned, Rejected Loads.
(a) A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment or part of that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of COMAR 26.13.05.05C, COMAR 26.13.06.05A, 40 CFR § 264.72, 40 CFR § 265.72, or analogous regulations of the designated facility's state, may accumulate the returned waste onsite in accordance with § E(1) and (2) of this regulation.
(b) Upon receipt of a shipment returned in accordance with § E(4)(a) of this regulation, the generator shall:
(i) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(ii) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
(5) A generator who accumulates hazardous waste under the provisions of § E(1) of this regulation is exempt from the following requirements with respect to that waste:
(a) COMAR 26.13.06.07A;
(b) COMAR 26.13.06.08--.09; and
(c) COMAR 26.13.06.11--.16.
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