1. A. 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:

   1. (1) The post-treatment soil has a TPH concentration of 10 mg/kg or less, as measured by USEPA Test Method 8015;

   2. (2) 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:

      1. (a) Preparing a leachate sample from the post-treatment soil in accordance with USEPA Test Method 1311; and
      2. (b) Analyzing the leachate sample for TPH-diesel range organics using USEPA Test Method 8015; or
   3. (3) Post-treatment soil that meets an alternative criterion established by the Department.

2. B. 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:

   1. (1) Continue the treatment process for the partially treated OCS until one of the criteria established in §A of this regulation is met; or
   2. (2) 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.
3. C. 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.

Authority: 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Regulations .01—.15 repealed and new Regulations .01—.16 adopted effective June 13, 2022 (49:12 Md.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)