Code of Maryland Regulations
Title 26 - DEPARTMENT OF ENVIRONMENT
Part 3 - SUBTITLES 13-18
Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES
Chapter 26.13.03 - Standards Applicable to Generators of Hazardous Waste
Section 26.13.03.03-7 - Requirements for Accumulation of Hazardous Waste in Tanks

Universal Citation: MD Code Reg 26.13.03.03-7

Current through Register Vol. 52, No. 6, March 21, 2025

A. A hazardous waste generator who is accumulating hazardous waste in a tank without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10B of this chapter.

B. A person subject to this regulation shall:

(1) Comply with the requirements of:
(a) COMAR 26.13.05.10A and C-E, .10-1, .10-2, .10-6A, and COMAR 26.13.06.18D(1)-(3) ;

(b) COMAR 26.13.05.10-3B, except that the person need not obtain approval by the Department of the written assessment required by COMAR 26.13.05.10-3B(1) before managing hazardous waste in the tank system;

(c) 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 ; and

(d) All applicable requirements of Subparts AA, BB, and CC of 40 CFR Part 265 unless the generator qualifies for the exemption that is available under Regulation .01-1D(4) of this chapter to certain persons who qualify as a federally-defined small quantity generator.

(2) Inspect overfill controls at least once each operating day;

(3) Maintain an inspection log or summary in accordance with the following:
(a) The log or summary documents inspections performed in accordance with §B(2) of this regulation and COMAR 26.13.05.10D ;

(b) 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

(c) The generator keeps the log on file for a minimum of 3 years from the date of inspection;

(4) Use inventory logs, monitoring equipment, or other records to demonstrate that:
(a) If using a batch process, hazardous waste has been emptied within 90 days of first entering the tank; and

(b) If using a continuous flow process, the volumes of hazardous waste that are estimated to be entering the tank each day are exiting the tank within 90 days of first entering the tank;

(5) Keep inventory logs or records with the information required by §B(4) of this regulation on site and available for inspection;

(6) Submit to the Department, by the deadline specified in §B(7) of this regulation, the following information for each tank being used to accumulate hazardous waste:
(a) Date of installation of the tank, or, if the date of installation is unknown, the age of the facility;

(b) Tank capacity;

(c) Secondary containment capacity;

(d) Whether the tank is an above-ground tank, on-ground tank, in-ground tank, or underground tank;

(e) For underground tanks, whether the tank can be entered for inspection; and

(f) Waste code of each waste managed in the tank; and

(7) Provide the information required by §B(6) of this regulation by the following deadlines:
(a) For an existing tank system, as defined in COMAR 26.13.01.03B by January 1, 1994;

(b) For a new tank system, as defined in COMAR 26.13.01.03B, before the tank is used to manage hazardous waste.

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