Sec. 26.13.06.18. Requirements for Hazardous Waste Management in Tank Systems

A. General Requirements. An owner or operator of a tank or tank system who is subject to this chapter shall:

(1) Except as provided in §§A(2), B, and C of this regulation, comply with COMAR 26.13.05.10-.10-6; and

(2) If otherwise required by COMAR 26.13.05.10-.10-6 to comply with:

(a) COMAR 26.13.05.10-7, comply instead with the requirements of §D of this regulation, and

(b) COMAR 26.13.05.10-7C, comply instead with the requirements of §D(3) of this regulation.

B. Request for Variance from Secondary Containment; Additional Requirements.

(1) The Secretary shall:

(a) Inform the public, through a newspaper notice, of the availability of the demonstration for a variance required in COMAR 26.13.05.10-5F;

(b) Place the notice in a daily or weekly major local newspaper of general circulation; and

(c) Provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance.

(2) Hearings on Demonstrations for Variances.

(a) The Secretary shall, at the Secretary's discretion or in response to a request for a public hearing, hold a public hearing if a hearing might clarify one or more issues concerning the demonstration for a variance.

(b) Public notice of the hearing:

(i) Shall be given at least 30 days before the date of the public hearing; and

(ii) May be given at the same time as notice of the opportunity for the public to review and comment on the demonstration for a variance.

(3) The public notices required in §B(1)(a) and (2)(b) of this regulation may be combined.

(4) Action on Request for Variance.

(a) The Secretary shall approve or disapprove the written request for a variance within 90 days of receipt of the demonstration from the owner or operator, and shall notify in writing the owner, operator, and each person who submitted written comments or requested notice of the variance decision.

(b) If the demonstration that is submitted in support of the written request for a variance is incomplete or does not include sufficient information, the 90-day time period under §B(4)(a) of this regulation shall begin when the Secretary receives a complete demonstration, including all information necessary to make a final determination.

(5) If the public comment period in §B(1) of this regulation is extended, the 90-day time period under §B(4)(a) of this regulation shall be similarly extended.

C. An owner or operator of a tank or tank system:

(1) Shall, in place of the requirement of COMAR 26.13.05.10D(1), inspect, if present, overfill or spill control equipment, such as waste-feed cutoff systems, bypass systems, and drainage systems, at least once each operating day to ensure that the equipment is in good working order;

(2) Shall, in place of the requirement of COMAR 26.13.05.10-3B(9), provide the type and degree of corrosion protection necessary, based on the informational requirements of COMAR 26.13.05.10-3B(2)(c), to ensure the integrity of the tank system during its use;

(3) Is not subject to the requirement of COMAR 26.13.05.10-3A that the written assessment required by COMAR 26.13.05.10-3B(1) be approved by the Secretary;

(4) Shall substitute "COMAR 26.13.06.02G" for "40 CFR §264.18(a)" in COMAR 26.13.05.10-3B(2)(e)(ii);

(5) Shall, in addition to the requirements of COMAR 26.13.05.10-4B(4), assure that the secondary containment system has sufficient strength and thickness to prevent failure due to the stress of installation;

(6) Is not required to make the demonstrations to the Secretary required in COMAR 26.13.05.10-4B(6) and C; and

(7) Shall, in place of the requirements of COMAR 26.13.05.10-4G(1)-(4), conduct an annual tank assessment that meets the requirements of COMAR 26.13.05.10-2B(3)(e) for both enterable and non-enterable tanks.

D. Closure and Post-Closure Care of Tank Systems.

(1) At the closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless COMAR 26.13.02.03D applies.

(2) An owner or operator shall ensure that the closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems meet all of the requirements specified in Regulations .07-.16 of this chapter.

(3) If an owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in §D(1) of this regulation, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements of Regulation .22 of this chapter which apply to landfills. In addition, for the purposes of closure, post-closure, and financial responsibility, the tank system is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07-.16 of this chapter.

(4) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of COMAR 26.13.05.10-4B-F, and has not been granted a variance from the secondary containment requirements in accordance with COMAR 26.13.05.10-5, then the owner or operator shall:

(a) Include in the closure plan for the tank system a:

(i) Plan for complying with §D(1) of this regulation, and

(ii) Contingent plan for complying §D(3) of this regulation;

(b) Prepare and submit a contingent post-closure plan for complying with §D(3) of this regulation as part of the part B CHS permit application required under Regulation .01B(5) of this chapter;

(c) Reflect, in the cost estimates calculated for closure and post-closure care, the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under §D(1) of this regulation;

(d) Base financial assurance on the cost estimates developed in accordance with §D(4)(c) of this regulation; and

(e) Ensure that the contingent closure and post-closure plans meet all of the closure, post-closure, and financial responsibility requirements for landfills under Regulations .07-.16 of this chapter.