<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05-2" citation="COMAR 26.13.03.05-2" title_num="26" subtitle_num="13" chapter_num="03" heading="Closure Notification Requirements.">
  <paragraph num="A.">
    <text>Applicability.</text>
    <paragraph num="(1)">
      <text>This regulation applies to a generator who is closing, in accordance with Regulation .05-1 of this chapter, a hazardous waste accumulation area, a hazardous waste management unit, or a site or facility where hazardous waste was accumulated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Sections B—C of this regulation apply to a generator and to a site at which the generator either:</text>
      <paragraph num="(a)">
        <text>At the time of initiation of a closure activity, qualifies as a large quantity generator under federal regulations, as described in Regulation .01-1 of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For a significant period of time before initiation of the closure action, generated quantities of hazardous waste that met the threshold for the federal large quantity generator category, with “significant period of time” determined by the criteria of §A(4) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Section D of this regulation applies to a generator and a site at which the generator at the time of initiation of a closure activity:</text>
      <paragraph num="(a)">
        <text>Does not qualify as a Maryland-defined small quantity generator as defined in COMAR 26.13.01.03B; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Did not meet the criteria of §A(2) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>For the purposes of §A(2)(b) of this regulation, a generator is considered to have operated for a significant period of time as a generator who would qualify as a large quantity generator under federal regulations if any of the following apply:</text>
      <paragraph num="(a)">
        <text>At any time during the 12 months before the initiation of the closure activity, the generator qualified as a large quantity generator under federal regulations in 5 or more months; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>During any 24-month period, the generator qualified as a large quantity generator under federal regulations in 10 or more months.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Closure Notification Requirements for a Waste Accumulation Unit.</text>
    <paragraph num="(1)">
      <text>A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation, shall, before closing a unit that was used to accumulate hazardous waste in a container, in a tank, on a drip pad, or in a containment building, shall either:</text>
      <paragraph num="(a)">
        <text>Place a notice in the facility’s operating record within 30 days after closure identifying the location of the unit within the facility, and temporarily defer full implementation of required closure activities and notification of the Department; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Meet the closure requirements and the closure performance standard of Regulation .05-1 of this chapter and notify the Department as specified §C of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A generator may remove from the facility operating record a notification of closure of an area or unit made in accordance with §B(1)(a) of this regulation if the generator resumes using the area or unit for the accumulation of hazardous waste.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Facility Closure Notification Requirements.</text>
    <paragraph num="(1)">
      <text>A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation shall, if intending to close a facility:</text>
      <paragraph num="(a)">
        <text>Notify the Department of the intent to close:</text>
        <paragraph num="(i)">
          <text>No later than 30 days before closing the facility; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Using EPA Form 8700-12, unless another method is specified by the Department;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 90 days after closing the facility, or by a later deadline specified by the Department under the provisions of §C(2) of this regulation, either:</text>
        <paragraph num="(i)">
          <text>Notify the Department, using EPA Form 8700-12 or another method specified by the Department, that the generator has complied with the closure performance standard and closure requirements of Regulation .05-1 of this chapter; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If unable to meet the closure requirements and closure performance standard of Regulation .05-1 of this chapter, notify the Department using EPA Form 8700-12 or another method specified by the Department that the generator will close as a landfill under COMAR 26.13.05.14J in the case of a container unit, tank unit, or containment building unit, or, for a facility with a drip pad, that the generator will close under the standards of COMAR 26.13.05.17-4.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A generator:</text>
      <paragraph num="(a)">
        <text>May request additional time to clean close, which the Department may or may not grant; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If requesting additional time to clean close, shall do so by notifying the Department within 75 days after the date of notification under §C(1)(a)(i) of this regulation, using EPA Form 8700-12 or another method specified by the Department to make the notification, and providing an explanation as to why the extra time is required.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Closure Notification — Generators Who Do Not Meet Criteria to be Considered a Large Quantity Generator. A generator who does not meet the criteria of §A(2) of this regulation, and who intends to cease accumulating hazardous waste throughout a site, either by permanently ending the on-site operation of hazardous waste accumulation units, or by ceasing operation at the site entirely, shall:</text>
    <paragraph num="(1)">
      <text>Notify the Department by submitting a subsequent site notification using EPA Form 8700-12, indicating the change in generator status, and, if applicable, requesting that the Department deactivate the EPA identification number associated with the site; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Submit the notification required by §D(1) of this regulation not later than 30 days before the scheduled date of cessation of the accumulation of hazardous waste or 30 days before the anticipated final date of facility operations.</text>
    </paragraph>
  </paragraph>
</regulation>