Hazmat Use Certificate Category Qualification, Filing Deadlines, and Fees

A hazardous substance is any substance or product that :

1. is toxic, Sub Lethal, lethal, or may otherwise injure humans, plants, animals, and aquatic life, or persists in the environment.
2. is capable of causing cancer(carcinogens), chromosomal alterations(mutagens), fetal abnormalities(teratogens), or allergic reactions(allergens and sensitizers).
3. is designated as an explosive material, radioactive material, etiological agent, flammable gas, liquid or solid, combustible liquid or solid, poison, oxidizer, corrosive material, compressed gas, or cryogenic liquid or solid.
4. is considered as a controlled hazardous substance(hazardous waste) by the Maryland Department of the Environment.
5. is identified as a hazardous substance under the Comprehensive Environmental Response and Liability Act of 1980 (CERCLA).
6. is listed in Subpart Z of the federal Occupational Safety and Health Administration regulations of 29 CFR 1910, "General Industrial Standards".

Hazard information can be found in the Material Safety Data Sheets supplied with the product. You are required by federal, state, and local regulations to have an MSDS at your site for each hazardous substance that you use in your business.

1. LIGHT USE FACILITIES

Check the option for Light Use if your facility uses, processes, stores, manufactures, or transfers at any one time :
(i) maximum aggregate quantities less than 500 pounds or 55 gallons of any one or more hazardous substances, but equal to or greater than 50 pounds or 5 gallons, or
(ii) quantities of one pound or greater, but less than 2 pounds of any single extremely hazardous substance(EHS), or
(iii) if your facility is a laboratory under the direct supervision of a technically qualified individual, and where quantities of any hazardous substance is less than 8.35 pounds, 1 gallon, or a single EHS does not exceed 1 pound.

In order for Light Use Certificate applications to be approved, it must include the chemical inventory, application certification, and fees.

EHS are found in the enclosed EPA booklet, Title III, List of Lists found under the Resources link. The registration fee for facilities filing for the first time as a Light Use facility is $175.00. The annual renewal registration fee after the first year is $100.00. Outdoor pools that meet the Light Use requirements and don’t store any other chemicals annual renewal registration fee is $50.00.

Check the option for General Use if your facility uses, processes, stores, manufactures, or transfers at any one time :

(i) maximum aggregate quantities less than 2000 pounds or 220 gallons of any one or more hazardous substances, but equal to or greater than 500 pounds or 55 gallons, or
(ii) quantities greater than 2 pounds but less than 10 pounds of any single EHS, or
(iii) if your facility dispenses fuels to the general public but does not service or repair vehicles, or
(iv) if you have a permanent above ground storage tank installed in accordance with National Fire Protection Association Standard No.30, Flammable and Combustible Liquids Code, and approved by the Fire Marshal, or
(v) if your facility is a laboratory under the direct supervision of a technically qualified individual , and has any single hazardous substance in quantities equal to or greater than 8.35 pounds or 1 gallon, or EHS equal to or greater than 1 pound.
(vi) Utilizes Valve Regulated Lead Acid (VRLA) batteries where electrolyte must be suspended in either a gel or fiberglass mat.

In order for General Use Certificate applications to be approved, it must include the chemical inventory, site plan, application certification, and fees.

The registration fee for businesses filing for the first time as General Use facilities is $400.00. The annual registration fee after the first year is $250.00. Outdoor pools that meet the General Use requirements and don’t store any other chemicals annual renewal registration fee is $115.00.

Check the option for High Use if your facility uses, processes, stores, manufactures, or transfers at any time :

(i) maximum aggregate quantities totaling 2000 pounds or 220 gallons or greater of any one or more hazardous substances at any time, but less than 10,000 pounds, or
(ii) equal to or greater than 10 pounds of any single EHS.

In order for High Use Certificate applications to be approved, it must include the chemical inventory, site plan, application certification, and fees.

The registration fee for businesses filing for the first time as High Use facilities is $800.00. The annual registration fee after the first year is $400.00. Outdoor pools that meet the High Use requirements and don’t store any other chemicals annual renewal registration fee is $185.00.

Check the option marked SARA if your facility is subject to the reporting requirements of the Superfund Amendments and Reauthorization Act (SARA) Title III of 1986, i.e., facilities with any single hazardous substance in quantities of 10,000 pounds or greater, or that quantity of an EHS which meets the Threshold Planning Quantity (TPQ), as listed in the EPA List of Lists.

In order for SARA Use Certificate applications to be approved, it must include the Tier II information, site plan, off site emergency response plan (if storing EHS over the Threshold Planning Quantity), application certification, and fees.

The registration fee for businesses filing for the first time as SARA facilities is $1,500.00. The annual registration fee after the first year is $1,000.00. Outdoor pools that meet the SARA Use requirements and don’t store any other chemicals annual renewal registration fee is $225.00.

SARA facilities must report their hazardous substances to the Maryland State Emergency Response Commission(SERC) and to the Montgomery County LEPC, on a TIER II report form. A fuel dispensing facility, not serving the general public, and meeting the 10,000 pound threshold requirement, must file as a SARA facility. Fuel dispensing facilities are not required to file a TIER I or TIER II form if quantities of gasoline (all grades combined) or diesel fuel do not exceed 75,000 gallons and 100,000 gallons, respectively.

In the past, you would need to submit your Tier II Report to both the SERC and LEPC separately. Montgomery County, MD will be partnering with Maryland Department of the Environment, which acts on behalf of the SERC, to simplify your SARA Reporting so that you do not need to enter the same Tier II data into two systems and to better share information for emergency preparedness.

If you have registered with the Montgomery County system and you have identified that you are filing as a SARA facility, you will be linked to MOTTRS, the statewide Maryland Online Tier II Reporting System. You must log into the MOTTRS system with your MOTTRS account. If you do not have a MOTTRS account, you must register for one. If you are filing for the first time, complete the report and certify it online. If you are repeat submitter, just edit your saved report and certify it online.

The information entered in MOTTRS will be automatically sent to the Montgomery County, MD system. The report transfer will occur automatically within 24 hours of your submission in the MOTTRS system. The data will be shared with the Fire Departments. Using this process, you only need to submit the SARA chemical inventory information once and it will be automatically shared with SERC, LEPC, and Fire Departments.

Once the data is transferred to the Montgomery County system, you will be notified by email to continue your Hazardous Material Use Certificate application. You are still responsible for meeting all additional specific requirements for the SERC and Montgomery County, MD such as fee payments and hard copy certifications separately. Only the report data will be shared between the SERC and Montgomery County, MD LEPC.

Successfully completing all requirements for the SERC and LEPC will satisfy requirements for submission to the SERC, LEPC and Fire Department. You do not need to send hard copies to the SERC, LEPC and Fire Department.

In addition, an extension fee is $50.00 if submitted within 30 days of the due date. Each additional month is an additional $25.00, up to the maximum of the initial fee per registration year.

1. Facilities dispensing fuels to the general public, but which do not repair or service vehicles should register as General Use. Facilities with permanent above ground storage tanks complying with NFPA Standard 30, and approved by the Fire Marshal, should register as General Use.
2. Laboratories should register as General Use if they have any single hazardous substance in a quantity of 8.35 pounds or 1 gallon or greater, or an EHS of 1 pound or greater.
3.Laboratories should register as Light Use where the quantity of any single hazardous substance is less than 8.35 pounds or 1 gallon or an EHS does not exceed 1 pound.

TPQ - Threshold Planning Quantity
EHS - Extremely Hazardous Substance