Md. Code Regs. 26.13.07.23

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.07.23 - Interim Status

A. Qualifying for Interim Status.

(1) Except as provided in §A(3) of this regulation, an owner or operator of a facility identified in COMAR 26.13.06.01 s A may qualify for interim status and may operate as if the owner or operator has a CHS permit if the owner or operator has complied with the requirements of:

(a) § 3010(a) of RCRA, pertaining to notification of hazardous waste activity, if applicable;

(b) COMAR 26.13.06.01 s B, governing submission of part A CHS permit applications; and

(c) §B of this regulation.

(2) Failure to Qualify for Interim Status.

(a) If the Department has reason to believe upon examination of a part A CHS permit application that the application fails to meet the requirements for a part A CHS permit application as defined in COMAR 26.13.01.03 s B, it shall:

(i) Notify the owner or operator of the facility in writing of the apparent deficiency; and

(ii) Specify in the notice to the owner or operator of the facility the grounds for the Department's belief that the application is deficient.

(b) The owner or operator of the facility shall have 30 days from the date of receipt of the Department's notice to respond in writing to the notice and to explain or rectify the alleged deficiency in the part A CHS permit application.

(c) If, after providing notification and opportunity for response to the owner or operator of the facility, the Department determines that the application is deficient, it may take appropriate enforcement action.

(3) Section A(1) of this regulation does not apply to a facility:

(a) That has previously been denied a CHS permit; or

(b) For which authority to operate the facility under RCRA or Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, has previously been terminated.

B. Operation During Interim Status.

(1) During the period of interim status, the owner or operator of the facility may not:

(a) Treat, store, or dispose of hazardous waste not specified in the part A CHS permit application;

(b) Employ processes not specified in the part A CHS permit application; or

(c) Exceed the design capacities specified in the part A CHS permit application.

(2) During the period of interim status, the owner or operator of the facility shall comply with the interim status standards in COMAR 26.13.06.

C. Changes During Interim Status.

(1) Permissible Changes. The owner or operator of the facility may make the following changes, if the changes do not involve reconstruction as defined in §C(2) of this regulation:

(a) An owner or operator of the facility may submit a revised part A CHS permit application to obtain approval from the Department to:

(i) Treat, store, or dispose of new hazardous wastes not previously identified in the part A CHS permit application, and

(ii) In the case of newly listed or identified wastes, add units to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification;

(b) An owner or operator of the facility may increase the design capacity of processes used at the facility if a revised part A CHS permit application that includes a justification for the change is submitted before the change, and the Secretary approves the changes because:

(i) There is a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities, or

(ii) The change is necessary to comply with a federal, state, or local requirement;

(c) An owner or operator of the facility may make a change in a process for the treatment, storage, or disposal of hazardous waste or may add a process for the treatment, storage, or disposal of hazardous waste if:

(i) The owner or operator submits a revised part A permit application to the Department before implementing the change,

(ii) The owner or operator submits a justification explaining the need for the change to the Department, and

(iii) The Secretary approves the change because the change is necessary to prevent a threat to human health and the environment caused by an emergency situation, or because the change is necessary to comply with a federal, State, or local requirement;

(d) Changes in ownership or operational control may be made in accordance with the following:

(i) The new owner or operator of the facility shall submit a revised part A CHS permit application not later than 90 days before the scheduled change,

(ii) When a transfer of operational control of a facility occurs, the former owner or operator of the facility shall comply with the requirements of COMAR 26.13.06.16 s until the new owner or operator of the facility has demonstrated compliance with that regulation to the Secretary,

(iii) The new owner or operator of the facility shall demonstrate compliance with COMAR 26.13.06.16 s within 6 months of the date of the change in ownership or operational control of the facility,

(iv) Once the new owner or operator of the facility demonstrates compliance with COMAR 26.13.06.16 s, the Secretary shall notify the former owner or operator of the facility in writing that, as of the date of the demonstration of compliance by new owner or operator, the former owner or operator no longer needs to comply with COMAR 26.13.06.16 s,

(v) Interim status duties not specified in §C(1)(d)(i)-(iv) of this regulation are transferred to the new owner or operator of the facility effective immediately upon the date of the change in ownership or operational control of the facility;

(e) Changes limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility which are made in accordance with an interim status corrective action order issued by:

(i) EPA under § 3008(h) of RCRA or other federal authority,

(ii) The Department, under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, or other applicable State authority, or

(iii) A court in a judicial action brought by EPA or the Department; and

(f) The addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised part A CHS permit application on or before the date on which the unit becomes subject to the new requirements.

(2) Except as specifically allowed under §C(3) of this regulation, changes listed under §C(1) of this regulation may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility.

(3) If all applicable requirements under this subtitle are met, the following changes may be made even if these changes amount to a reconstruction under §C(2) of this regulation:

(a) Changes made solely for the purposes of complying with the requirements of COMAR 26.13.05.10 s -4 for tanks and ancillary equipment;

(b) If necessary to comply with federal, State, or local requirements, changes:

(i) To an existing unit,

(ii) Solely involving tanks or containers, or

(iii) Involving addition of replacement surface impoundments that satisfy the standards of RCRA § 3004(o);

(c) Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility before the effective date of the regulation establishing the new listing or identification;

(d) Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan;

(e) Changes necessary to comply with an interim status corrective action order issued by EPA under § 3008(h) of RCRA or other federal authority, by the Department under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, other applicable State authority, or by a court in a judicial proceeding brought by EPA or the Department, if the changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility;

(f) Changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by 40 CFR Part 268 or RCRA § 3004, if the changes are made solely for the purpose of complying with 40 CFR Part 268 or RCRA § 3004;

(g) Addition of newly regulated units under §C(1)(f) of this regulation; and

(h) Changes necessary to comply with standards under 40 CFR Part 63, Subpart EEE, National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors, or corresponding State regulations.

D. Termination of Interim Status.

(1) Interim status terminates:

(a) When final administrative disposition of a CHS permit application is made; or

(b) As provided in COMAR 26.13.06.01 s B(5).

(2) Termination of Interim Status-Submission of Permit Application and Additional Requirements.

(a) For owners or operators of each land disposal facility, which has been granted interim status before November 8, 1984, interim status terminates on November 8, 1985, unless:

(i) The owner or operator submits a part B CHS permit application for the facility before that date; and

(ii) The owner or operator certifies that the facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.

(b) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a CHS permit, and which is granted interim status, interim status terminates 12 months after the date on which the facility first becomes subject to the requirement for a CHS permit, unless the owner or operator of the facility:

(i) Submits a part B CHS permit application for the facility not later than 12 months after the date on which the facility first becomes subject to the permitting requirement; and

(ii) Certifies that the facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.

(c) For owners or operators of a land disposal unit who are required to make changes during interim status to comply with a federal, State, or local requirement, and who are granted authority to operate under §C(1)(a), (b), or (c) of this regulation, interim status terminates on the date 12 months after the effective date of the requirement, unless the owner or operator certifies that the unit is in compliance with all applicable ground water monitoring and financial responsibility requirements.

(d) For owners and operators of each incinerator facility, which has achieved interim status before November 8, 1984, interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a part B CHS permit application for an incinerator facility by November 8, 1986.

(e) For owners or operators of any facility other than a land disposal or an incinerator facility, which has achieved interim status before to November 8, 1984, interim status terminates on November 8, 1992, unless the owner or operator of the facility submits a part B CHS permit application for the facility by November 8, 1988.

Md. Code Regs. 26.13.07.23

Regulation .23C amended effective November 1, 2002 (29:15 Md. R. 1647)