This chapter applies to an owner, an operator, and a person in charge of an oil-contaminated soil (OCS) facility. This chapter is not intended to and does not relieve an owner, an operator, and a person in charge of an OCS facility of the duty to comply with all other applicable requirements of COMAR 26.10. This chapter does not affect the Department’s authority to direct a corrective action conducted in response to an oil spill, release, or discharge in accordance with the requirements of COMAR 26.10.01 and 26.10.08—26.10.10. In this chapter: A term defined in §B of this regulation has the meaning indicated; and A term not defined in §B of this regulation has the meaning given to it in: A relevant statute; COMAR 26.10.01 or 26.10.02; or If not defined in a statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by common use. Terms Defined. “Controlled hazardous substance (CHS)” means a hazardous waste as defined in COMAR 26.13.02, except as provided in COMAR 26.13.02.06. “Mobile treatment OCS facility” means equipment that is: Capable of being moved from place to place; Capable of treating OCS after it is excavated; and Used on-site. OCS. “OCS” means excavated soil that has been in contact with oil. “OCS” does not include post-treatment soil. OCS Facility. “OCS facility” means a facility that receives OCS for treatment and storage. “OCS facility” includes a mobile treatment OCS facility. OCS Treatment Approval. “OCS treatment approval” means written permission from the Department that grants an applicant approval to conduct a pilot project to treat OCS. “OCS treatment approval” does not include an Individual Oil Operations Permit issued by the Department to an owner, an operator, and a person in charge of an OCS facility. “On-site” means the immediate location where the OCS was generated. “Pilot project” means an experimental OCS treatment project conducted by an owner, an operator, and a person in charge of an OCS facility under the terms and conditions of an OCS treatment approval. “Post-treatment soil” means treated OCS that meets one of the criteria established in Regulation .10 of this chapter. “Shelter” means a freestanding structure that includes a roof or an equivalent protective cover and prevents the infiltration of rainwater. “TCLP” means the toxicity characteristic leaching procedure, as defined in USEPA Test Method 1311. “TPH” means total petroleum hydrocarbons. “Treatment” means any activity or process at an OCS facility that decreases or stabilizes, or is intended to decrease or stabilize, the level of oil contaminants in OCS. A person shall only store OCS at an OCS facility covered under an Individual Oil Operations Permit. An owner, an operator, and a person in charge of an OCS facility may not accept OCS for storage or treatment without first obtaining an Individual Oil Operations Permit in accordance with Regulations .04 and .05 of this chapter and COMAR 26.10.01.09 and .11. Before beginning a pilot project to treat OCS, a person shall obtain an OCS treatment approval from the Department in accordance with Regulation .16 of this chapter. An owner, an operator, and a person in charge of an OCS facility shall obtain an Individual Oil Operations Permit in accordance with the requirements of this regulation and COMAR 26.10.01.09 and .11. A person applying for an Individual Oil Operations Permit to operate an OCS facility shall include on forms provided by the Department all of the following information: A general description of the proposed OCS facility, including a description of the treatment process, anticipated production volume, and OCS acceptance procedures; The name, physical address, and mailing address of the owner of the proposed OCS facility; If different than the owner specified in §B(2) of this regulation, the name, physical address, and mailing address of the owner of the property on which the OCS facility will be located; The size of property on which the OCS facility will be located; The name, physical address, and mailing address of each adjoining property owner; and One copy of each of the following documents: A map that delineates the property and the surrounding ¼ mile area, identifying: The location of all potable wells, wetlands, floodplains, special flood hazard areas, and intermittent and other surface waters; and Each property owner identified in §B(5) of this regulation; A to-scale diagram of the OCS facility that depicts the: Treatment and storage areas for OCS and post-treatment soil; Storm drains and stormwater retention ponds located at the facility; Roads located within the property boundaries of the OCS facility; and Existing and proposed structures; A description of the following features and utilities at the facility: Vehicle weighing facilities; Both wired and wireless communications equipment, including telephones and radios; Maintenance facilities; Equipment storage facilities; The location of the OCS facility site supply well, if one is present; and The location of the sewerage system; A description of the proposed soil types and sources of OCS to be accepted and rejected by the OCS facility; A description of how the OCS facility will control dust, petroleum vapors, and odors; A description of the manner in which OCS and post-treatment soil will be stored at the facility to prevent the contamination of waters of the State while maintaining compliance with the storage requirements of Regulation .07 of this chapter; The name, physical address, and mailing address of the laboratory to be used to test OCS and post-treatment soil samples, and a description of the sampling and analytical protocols to be used for testing OCS and post-treatment soil; The maximum and anticipated average quantity of: OCS to be accepted or stored at the OCS facility at any one time; and Post-treatment soil to be stored at the OCS facility at any one time; The proposed method of controlling unauthorized access to the OCS facility; The proposed operating procedures, including: Hours and days of operation; The type and number of pieces of equipment to be used; The number of employees and description of individual employee duties; The provisions for fire prevention and control; The provisions for wet weather operations; The methods for controlling stormwater run-off from the OCS facility and stormwater run-on onto the OCS facility from adjoining areas; and The erosion and sediment control provisions approved by the appropriate approving authority; An operations manual that includes: Standard operating procedures for the OCS facility; OCS acceptance procedures; Sample collection, storage, and analytical procedures; The names and duties of key personnel; Facility maintenance procedures; and A quality assurance/quality control plan to ensure OCS is properly treated and post-treatment soil meets the requirements of Regulation .10 of this chapter; Except for an application for a mobile treatment OCS facility, a closure plan for the proposed OCS facility that includes, at a minimum: The location and installation details of monitoring wells that will allow for the determination of groundwater flow and that are placed in areas that are most likely to detect a spill, release, or discharge from the OCS facility; Procedures for the removal of all OCS from the OCS facility; Procedures for the removal of post-treatment soil from the OCS facility; and Procedures, schedules, and methods for monitoring the waters of the State at the OCS facility for five years after the closure of the facility; For an application for a mobile treatment OCS facility, a closure plan for the proposed mobile treatment OCS facility that includes, at a minimum: Procedures for the removal of all OCS not treated by the mobile treatment OCS facility on-site, and Procedures for the removal of post-treatment soil stored on-site; and Written consent from the owner of the property on which the proposed OCS facility is to be located, as identified in §B(3) of this regulation, stating the proposed OCS facility may be located and operated on the property. Upon review of an application completed in accordance with this regulation, the Department shall: Notify the applicant in writing that the application is not complete and additional information is required to determine whether the proposed OCS facility is consistent with all applicable requirements of this chapter, COMAR 26.10, and other State laws and regulations; Issue an Individual Oil Operations Permit to the applicant in accordance with COMAR 26.10.01.11G and H; or Deny the application for an Individual Oil Operations Permit in accordance with COMAR 26.10.01.12. Renewal of an Individual Oil Operations Permit. An owner, an operator, and a person in charge of an OCS facility shall: Except as provided in §D(1)(b) of this regulation, apply to renew an Individual Oil Operations Permit in accordance with §§A and B of this regulation and COMAR 26.10.01.11; and Submit an application for renewal at least 90 days before the expiration of an Individual Oil Operations Permit. Unless otherwise directed by the Department, an owner, an operator, and a person in charge of an OCS facility is not required to hold an informational meeting in accordance with Regulation .05 of this chapter when renewing an Individual Oil Operations Permit. Informational Meeting Requirement. An owner, an operator, and a person in charge of a proposed OCS facility applying for an Individual Oil Operations Permit shall hold an informational meeting. The Department may require an owner, an operator, and a person in charge of the OCS facility to hold an informational meeting before: Renewing an Individual Oil Operations Permit; Reinstating a suspended or revoked Individual Oil Operations Permit; and Modifying an Individual Oil Operations Permit. A person responsible for holding an informational meeting shall: Secure an approved meeting venue located in the political subdivision and in close proximity to the OCS facility; and At least 15 days but not more than 30 days before the date of the meeting, publish a notice advertising the informational meeting: At least once a week for two consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the OCS facility is or will be located; and That includes the following information: The name and address of the owner of the OCS facility; A description of where the OCS facility would be located; The nature of the proposed activity to be performed under the Individual Oil Operations Permit; A reference to the applicable statutes or regulations governing the application process; The time and place of the meeting or a description of where this information can be found; A description of where further information about the Individual Oil Operations Permit application or the revoked or suspended Individual Oil Operations Permit can be found; and Any other information that the Department determines is necessary. The Department may consolidate an informational meeting provided in accordance with this regulation with other informational meetings for the OCS facility. The Department shall specify the following requirements in an Individual Oil Operations Permit for an OCS facility other than a mobile OCS treatment facility: The maximum quantities of OCS and post-treatment soil to be stored at the OCS facility at any given time; The methods used to store OCS and post-treatment soil; The methods of stormwater run-on and run-off control; The sampling and testing requirements for accepted OCS; The testing requirements for post-treatment soil; The recordkeeping requirements for the following records at the OCS facility: OCS acceptance documents; OCS and post-treatment soil testing records; OCS and post-treatment soil laboratory analyses; and Documentation for OCS deliveries made to the OCS facility, including refused OCS deliveries, showing: The generator’s name and physical and mailing addresses; The OCS source; and The transporter’s name and physical and mailing addresses; A closure plan prepared in accordance with Regulation .04B of this chapter; A schedule for testing the quality of waters of the State at the OCS facility; and A description of the field and laboratory analytical methods that will be used to monitor the quality of waters of the State at the OCS facility, including the location and types of monitoring stations and monitoring well construction method. The Department shall specify the following requirements in an Individual Oil Operations Permit for a mobile treatment OCS facility: The requirements listed in §A(3)—(6); The method used for staging OCS on-site; and Closure plan requirements, including procedures for: The removal of OCS not treated by the mobile treatment OCS facility on-site; and The removal of post-treatment soil generated on-site. An owner, an operator, and a person in charge of an OCS facility shall comply with the following operational requirements: Maintain an up to date operations manual at the OCS facility and make the operations manual available to all OCS facility personnel; Train all OCS facility personnel in facility operations, standard operating procedures, and contingency plans; Restrict unloading and loading of OCS to approved facility operational hours; Maintain adequate personnel and equipment at the OCS facility at all times to ensure proper operation and prompt response to problems associated with loading, unloading, and storage of OCS; Keep and make available to the Department upon request all of the records required under this chapter for: The duration of an active Individual Oil Operations Permit; and An additional five years after the permit has expired or been closed by the Department; In accordance with the reporting requirements of COMAR 26.10.01.05, notify the Department of an operational malfunction at the OCS facility that results in a spill, release, or discharge within 2 hours of the operational malfunction; At the direction of the Department during the operational life of the facility, sample monitoring wells and analyze the quality of waters of the State at the OCS facility; and Submit an annual written report by January 30 of each year to the Department that provides the following information for the preceding calendar year: The quantity of OCS received, The origin of OCS received, and The quantity of OCS treated and converted into post-treatment soil at an OCS facility. In addition to the permit conditions specified in §§A and B of this regulation, the Department may include additional special conditions in an Individual Oil Operations Permit if the Department determines the special conditions are necessary to protect public health or the environment. Unless otherwise approved by the Department as a condition of a new, renewal, or modified Individual Oil Operations Permit, an owner, an operator, and a person in charge of an OCS facility shall store OCS: On an impermeable base that has a permeability of 10-7 centimeters/second or less; Under a shelter; and At a volume that does not exceed a 90-day treatment capacity. An owner, an operator, and a person in charge of an OCS facility may not accept or store OCS that does not meet the requirements of Regulation .08 of this chapter. An owner, an operator, and a person in charge of an OCS facility: May accept OCS that: Contains virgin oil; or If the origin of the OCS is unknown, has undergone the laboratory analysis required under §D of this regulation; and May not accept OCS that: Contains free phase oil product, oil sludge, oil refuse, or oil mixed with other waste that has been mixed with soil; Is regulated as a CHS under COMAR 26.13; or Does not meet the conditions of an Individual Oil Operations Permit. Except as otherwise provided in §C of this regulation, an owner, an operator, and a person in charge of an OCS facility shall obtain the following documentation prior to accepting OCS at the OCS facility: An analytical laboratory report that shows the results of analysis for TPH conducted in accordance with: USEPA Test Method 8015; or Another method determined by the Department as appropriate for the type of oil that was spilled, released, or discharged; and One of the following forms that attest to the origin of the OCS and states that a representative of the Department or another authorized person has reason to believe, based upon evidence presented to the person on-site, that the OCS complies with §A of this regulation: A Tank Closure Form or Oil Contaminated Soil Removal Form provided and completed by an authorized representative of the Department; Another form similar to a form listed in §B(2)(a) of this regulation provided and completed by an authorized representative of: A State or local enforcement agency, such as a local fire department, police agency, or an emergency response unit owned by the enforcement agency or hired by the enforcement agency to conduct a removal of an oil spill, release or discharge; or If the OCS originates from out of state, an enforcement agency of another state enforcing an oil regulatory program; If the OCS is related to the closure of a UST system, underground farm tank, underground residential tank, or underground residential heating oil tank performed in accordance with COMAR 26.10.10, a form provided by the owner, the operator, and the person in charge the OCS facility that was completed by the OCS generator that includes the following information: The OCS facility name and physical address; The printed name and signature of the OCS facility representative; The printed name, signature, and certification number of the certified UST system technician or remover; The UST owner’s name and physical and mailing addresses; The Department assigned case number for the UST closure; The reason for removing the OCS; and A signed statement that the OCS is the result of a spill, release, or discharge of virgin oil and not used oil, oil refuse, or oil mixed with waste; or If the OCS is related to a commercial transportation spill, release, or discharge and one of the documents described in §B(2)(a)—(c) of this regulation cannot be provided, an affidavit completed by the owner or knowledgeable representative of the responsible party confirming that the OCS complies with §A of this regulation. If the documentation described under §B of this regulation cannot be provided or the OCS was contaminated by a substance other than virgin oil, an owner, an operator, and a person in charge of an OCS facility shall obtain an analytical laboratory report provided by the generator with the results of an analysis conducted in accordance with §D of this regulation prior to accepting OCS at the OSC facility. An owner, an operator, and a person in charge of an OCS facility accepting OCS of an unknown origin shall ensure the OCS undergoes an analytical laboratory analysis as follows: An evaluation for the following oil constituents: TPH, in accordance with the procedures of USEPA Test Method 8015 or another method determined by the Department as appropriate for the type of oil that was spilled, released, or discharged; and Polychlorinated biphenyls, in accordance with the procedures of USEPA Test Method 8082A or another method approved by the Department; and A complete TCLP analysis is conducted in accordance with USEPA Test Method 1311, except that: The TCLP analysis may be limited to metals only if the generator of the OCS has certified that: If the OCS was generated within the State, the OCS is excluded under COMAR 26.13.02.04A(12); or If the OCS was generated outside the State, the OCS is excluded under 40 CFR §261.4(b)(10) or an equivalent requirement of that state; or Pesticides or herbicides may be omitted from the TCLP analysis if the generator of the OCS certifies that pesticides or herbicides are not reasonably expected to be present. An owner, an operator, and a person in charge of an OCS Facility may be found in violation of Environment Article, §7-224, Annotated Code of Maryland if: Any person, including the Department, determines through subsequent analytical analyses or a review of records that OCS accepted, stored, or treated at the OCS facility is a CHS; and The OCS facility does not operate under a valid CHS Facility Permit issued by the Department under COMAR 26.13.07. An owner, an operator, and a person in charge of an OCS facility shall maintain all records, documents, and analytical laboratory reports required under §§B—D this regulation for: The duration of an active Individual Oil Operations Permit; and An additional five years after an Individual Oil Operations Permit has expired or been closed by the Department. An owner, an operator, and a person in charge of an OCS facility shall refuse to accept OCS that does not meet the acceptance requirements of Regulation .08 of this chapter. Upon determination that an OCS facility accepted OCS that does not meet the requirements of Regulation .08 of this chapter, an owner, an operator, and a person in charge of the OCS facility shall: Isolate and remove the unacceptable OCS from the OCS facility within 48 hours; and Ensure the OCS removed from the OCS facility is disposed of in compliance with applicable federal, State, and local laws and regulations. For each instance of OCS refused in accordance with §§A and B of this regulation, an owner, an operator, and a person in charge of an OCS facility shall provide notification of the refusal to the Department as follows: Provide notification by telephone within 24 hours and written notification within five days of the refusal; and Include the following information in the notifications: The source location and generator of the OCS; and The transporter who delivered or attempted to deliver the OCS. An owner, an operator, and a person in charge of an OCS facility shall treat OCS using a process that generates post-treatment soil meeting one of the following criteria: The post-treatment soil has a TPH concentration of 10 mg/kg or less, as measured by USEPA Test Method 8015; Remaining oil in the post-treatment soil is determined to be physically and chemically bound with TPH-diesel range organics concentration of less than 0.5 mg/L, determined by: Preparing a leachate sample from the post-treatment soil in accordance with USEPA Test Method 1311; and Analyzing the leachate sample for TPH-diesel range organics using USEPA Test Method 8015; or Post-treatment soil that meets an alternative criterion established by the Department. If treated OCS does not meet one of the criteria established in §A of this regulation, an owner, an operator, and a person in charge of an OCS facility shall: Continue the treatment process for the partially treated OCS until one of the criteria established in §A of this regulation is met; or Except as otherwise provided in §C of this regulation, dispose of the partially treated OCS in compliance with applicable federal, State, and local laws and regulations. The Department may approve a request to remove partially treated OCS from an OCS facility for use if the Department determines that the proposed use will not adversely affect public health, safety, or welfare or the environment. An owner, an operator, and a person in charge of an OCS facility shall maintain a quality control program approved by the Department that establishes an adequate tracking mechanism and verification for OCS received by the facility. For each truckload of OCS received by an OCS facility, an owner, an operator, and a person in charge of the OCS facility shall: Collect a grab sample from the incoming truckload of OCS and combine not more than three grab samples to form one composite sample; Identify each composite sample by source, date received, and transporter; and Unless otherwise directed by the Department, properly maintain each composite sample at the OCS facility for a minimum of 90 days. At least every two weeks, an owner, an operator, and a person in charge of an OCS facility shall have a third-party testing laboratory approved by the Department analyze the composite samples collected in accordance with §B of this regulation as follows: The testing laboratory shall randomly select one composite sample and perform: An analysis for polychlorinated biphenyls in accordance with USEPA Test Method 8082A or another method approved by the Department; and Unless the generator of the OCS certified the OCS is excluded under 40 CFR §261.4(b)(10) and a TCLP analysis limited to metals was performed, a complete TCLP analysis in accordance with USEPA Test Method 1311 or another method approved by the Department; and The testing laboratory shall submit the results of the analyses conducted pursuant to §C(1) of this regulation directly to the Department. The Department may excuse an owner, an operator, and a person in charge of an OCS facility from the requirements under §C of this regulation if the owner, the operator, and the person in charge sends a letter to the Department certifying that no OCS was accepted during the relevant 2-week period. The Department may specify in an Individual Oil Operations Permit restrictions on the use of post-treatment soil. An owner, an operator, and a person in charge of an OCS facility shall be responsible for determining the federal, State, and local laws and regulations that apply to the use of post-treatment soil. Closure Plan Modifications. Subject to the approval of the Department, an owner, an operator, and a person in charge of an OCS facility shall modify a closure plan if: The operational history of the OCS facility or changes in conditions, such as changes to land use conditions at the site, substantially affect the closure plan in effect; Before or after closure activities have commenced, unanticipated events necessitate a revision to the closure plan; or The Department determines a modification of the closure plan is necessary. Initiation of Closure. An owner, an operator, and a person in charge of an OCS facility shall initiate the closure of the OCS facility within 90 days of one of the following occurrences: An owner, an operator, and a person in charge of an OCS facility determines the OCS facility will no longer be operational; The OCS facility has suspended OCS treatment activities for greater than six continuous months; or A condition for closure specified in the Individual Oil Operations Permit occurs. Closure Procedures. An owner, an operator, and a person in charge of an OCS facility shall close the OCS facility in accordance with the closure plan approved by the Department and meet the following requirements: Remove all OCS from the OCS facility that has not undergone treatment; Unless otherwise allowed in the Individual Oil Operations Permit, remove all post-treatment soil from the OCS facility; In accordance with a testing schedule and field and laboratory analytical methods specified by the Department under Regulation .06A of this chapter, monitor the quality of the waters of the State for at least 5 years after completing closure; and Following the conclusion of the 5-year period for monitoring waters of the State, properly abandon any monitoring wells in accordance with COMAR 26.04.04. Closure of an Individual Oil Operations Permit. If an Individual Oil Operations Permit only authorizes the operation of an OCS facility, an owner, an operator, and a person in charge of a closed OCS facility may request the Department close the Individual Oil Operations Permit. Upon the request of an owner, an operator, and a person in charge of an OCS facility, the Department shall close an Individual Oil Operations Permit if the Department determines the closure of the OCS facility was satisfactorily completed in accordance with the closure plan, the Individual Oil Operation Permit, this chapter, and, if applicable, COMAR 26.10.09. An owner, an operator, and a person in charge of an OCS facility shall allow, as a prerequisite to the issuance of an Individual Oil Operations Permit, the Department to access the OCS facility and all records related to the operation of the OCS facility in accordance with, and for any of the purposes stated in, COMAR 26.10.01.19. Denial, Suspension, or Revocation. The Department may deny an application for an Individual Oil Operations Permit or suspend or revoke an Individual Oil Operations Permit in accordance with COMAR 26.10.01.12B. Modification. The Department may modify an Individual Oil Operations Permit in accordance with COMAR 26.10.01.12B. If an owner, an operator, and a person in charge of an OCS facility requests to modify an Individual Oil Operations Permit, the owner, the operator, and the person in charge shall submit a request for the modification to the Department in accordance with COMAR 26.10.01.12B. If the Department determines a proposed modification to an Individual Oil Operations Permit is substantial in nature, an owner, an operator, and a person in charge of an OCS facility shall hold an informational meeting in accordance with Regulation .05 of this chapter. The Department may issue an OCS treatment approval to a person to conduct a pilot project that may deviate from one or more requirements in Regulations .07—.11 of this chapter, if the pilot project will: Accept, store, and treat OCS in a manner as protective to the public health, safety, and wellness and the environment as the requirements established in Regulations .07—.11 of this chapter; and Comply with all other applicable federal, State, and local government laws and regulations. The Department shall establish the application process and conditions of an OCS treatment approval. A person seeking to conduct a pilot project shall: First, obtain an Individual Oil Operations Permit in accordance with Regulation .04 of this chapter; and Second, obtain OCS treatment approval from the Department. An OCS treatment approval is valid for the length of time specified by the Department in the OCS treatment approval, but may not exceed one year. Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411, and 4-415—4-418, Annotated Code of Maryland Effective date: Regulations .01—.15 adopted as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); adopted permanently effective July 18, 1993 (20:13 Md. R. 1050) Regulation .03D amended effective February 18, 2002 (29:3 Md. R. 224) Regulation .04A amended effective February 18, 2002 (29:3 Md. R. 224) Regulations .01—.15 repealed and new Regulations .01—.16 adopted effective June 13, 2022 (49:12 Md. R. 642)