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26.13.03.00.htm 26.13.03.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES Chapter 03 Standards Applicable to Generators of Hazardous Waste Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
26.13.03.01.htm 26.13.03.01. 01 Purpose, Scope, and Applicability.. A. These regulations establish standards for generators of hazardous waste, and include:. 1) Requirements that must be met in order for a generator to qualify for exemptions from specified requirements of COMAR 26.13; and2) Requirements that a generator must meet independently of those requirements that determine eligibility for a conditional exemption, with these independent requirements including:a) Hazardous waste determ
26.13.03.01-1.htm 26.13.03.01-1. 01-1 Federally-defined Hazardous Waste Generator Categories ― Applicability in Maryland.. A. Federal hazardous waste regulations in 40 CFR Parts 260―270 define and use the terms “very small quantity generator” “small quantity generator” and “large quantity generator” This regulation:1) Restates the definitions of the federally-defined hazardous waste generator categories;. 2) Identifies certain requirements for which the applicability of the requirements to a Maryland gen
26.13.03.02.htm 26.13.03.02. 02 Hazardous Waste Determination ― Generator's Obligations.. A. A person who generates a solid waste, as defined in COMAR 26.13.02.02:. 1) Shall:. a) Make an accurate determination as to whether that waste is a hazardous waste, with an "accurate determination" being a determination that allows the person to determine the requirements that are applicable to the waste and the generator of the waste under the provisions of COMAR 26.13.01―26.13.10 and federal hazardous wa
26.13.03.02-1.htm 26.13.03.02-1. 02-1 Hazardous Waste Determination ― Procedures.. A. This regulation specifies procedures that a person shall follow in determining whether a solid waste is a hazardous waste, and establishes record keeping requirements with respect to hazardous waste determinations.B. In order to determine whether a solid waste is a hazardous waste, a person shall, in accordance with the requirements of §C―D of this regulation:
26.13.03.02-2.htm 26.13.03.02-2. 02-2 Hazardous Waste Determination ― Record Keeping Requirements.. A. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall maintain records that support the generator’s hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined by COMAR 26.13.02.03.B. Record Retention Period.. 1) A generator who is required under §A of this re
26.13.03.03.htm 26.13.03.03. 03 EPA Identification Numbers ― General Requirements for Generators.. A. A generator may not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Department.B. A generator who has not received an EPA identification number may obtain one by applying to the Department using EPA Form 8700-12 or another form specified by the Department.
26.13.03.03-1.htm 26.13.03.03-1. 03-1 Renotification.. A. Periodic Renotification Requirement. Periodically, except as specified in §B of this regulation, the hazardous waste generator or the owner or operator associated with a site for which an EPA identification number has been issued shall file a renotification with the Department to provide current information about the generator and the site, as specified in §C and D of this regulation.B. Exclusions. The renotification requirement of §
26.13.03.03-10.htm 26.13.03.03-10. 03-10 Labeling and Marking of Containers and Tanks.. A. Containers. A person accumulating hazardous waste in a container shall mark or label the container with:1) The words “Hazardous Waste”. 2) An indication of the hazards of the contents of the container, with the marking or label communicating the hazards by:a) Listing each hazardous waste characteristic of those identified in COMAR 26.13.02.11―14 that the waste exhibits;b) Providing hazard communication information cons
26.13.03.03-11.htm 26.13.03.03-11. 03-11 Consolidation of Waste Received from Maryland-Defined Small Quantity Generators and Others.. A. Purpose. This regulation establishes conditions under which a person may accept hazardous waste from an off-site generator who is under the control of the person:1) Without having to obtain a hazardous waste storage facility permit under COMAR 26.13.05 and COMAR 26.13.07, or having to qualify as an interim status storage facility under COMAR 26.13.06;2) Without having to comp
26.13.03.03-2.htm 26.13.03.03-2. 03-2. Deactivation and Reactivation of an EPA Identification Number.. A. Deactivation at the Request of the Holder of an EPA Identification Number.. 1) If, at a site that has been issued an EPA identification number, no hazardous waste activity that requires possession of an EPA identification number is being conducted, the owner or the operator of the site may request that the Department deactivate the EPA identification number.
26.13.03.03-3.htm 26.13.03.03-3. 03-3 Satellite Accumulation Areas.. A. Applicability.. 1) This regulation establishes conditions under which a person may accumulate a limited quantity of hazardous waste in containers at or near the point of generation of the waste without having to:a) Manage the area where the waste is being accumulated under the hazardous waste accumulation requirements of Regulations .03-4―03-10 of this chapter, except as otherwise specified in this regulation;b) Obtain a CHS permit is
26.13.03.03-4.htm 26.13.03.03-4. 03-4 Accumulation of Hazardous Waste ― Exemption from Permit Requirement.. A. General.. 1) Except as specified in §A(2) of this regulation, this regulation and Regulations .03-5―03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1―05-2 of this chapter specify requirements with which a person subject to this chapter shall comply in order for the person to be allowed to temporarily accumulate hazardous waste on-site without having met t
26.13.03.03-5.htm 26.13.03.03-5. 03-5 General Requirements for Persons Accumulating Hazardous Waste.. A. Except as provided in Regulation .03-4A(2) of this chapter, a person who is accumulating hazardous waste without authorization provided by a permit or interim status, or under the exclusions applicable to Maryland-defined small quantity generators shall comply with all provisions of this regulation.B. Personnel Training. The generator of a hazardous waste that is being accumulated:. a) Implement a personnel
26.13.03.03-6.htm 26.13.03.03-6. 03-6 Requirements for Accumulation of Hazardous Waste in Containers.. A. Except as provided in §B of this regulation, a hazardous waste generator who is accumulating hazardous waste in a container without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10 of this chapter.B. The requirements of this regulation do not apply to a container being managed in accordance with
26.13.03.03-7.htm 26.13.03.03-7. 03-7 Requirements for Accumulation of Hazardous Waste in Tanks.. A. A hazardous waste generator who is accumulating hazardous waste in a tank without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10B of this chapter.B. A person subject to this regulation shall:. 1) Comply with the requirements of:. a) COMAR 26.13.05.10A and C―E, .10-1, .10-2, .10-6A, and COMAR 26.13.06.18D(1)3).
26.13.03.03-8.htm 26.13.03.03-8. 03-8 Requirements for Accumulation of Hazardous Waste on Drip Pads.. A. A hazardous waste generator who is accumulating hazardous waste on a drip pad without authorization provided by a permit or interim status shall comply with all provisions of this regulation.B. If hazardous waste is placed on a drip pad, the generator shall:. 1) Manage the waste in accordance with the requirements of COMAR 26.13.05.17-1―17-4;.
26.13.03.03-9.htm 26.13.03.03-9. 03-9 Requirements for Accumulation of Hazardous Waste in Containment Buildings.. A. A hazardous waste generator who is accumulating hazardous waste in a containment building without authorization provided by a permit or interim status shall comply with all provisions of this regulation.B. If hazardous waste is placed in a containment building, the generator shall:. 1) Manage the waste in accordance with the requirements of COMAR 26.13.05.18―18-3;. 2) Label the containment
26.13.03.04.htm 26.13.03.04. 04 The Manifest.. A. General Requirements.. 1) A generator who transports, or offers for transport, hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility who offers for transport a rejected hazardous waste load:a) Shall prepare a manifest (OMB control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A; orb) May, instead of using the manifest forms specified in §A(1)a) of this regulation, prepare and use
26.13.03.05.htm 26.13.03.05. 05 Pretransport Requirements.. A. Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR 173, 178, and 179.B. Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of
26.13.03.05-1.htm 26.13.03.05-1. 05-1 Closure Requirements ― Hazardous Waste Accumulation Areas and Waste Management Units.. A. Purpose and Scope. This regulation:. 1) Establishes requirements with which a hazardous waste generator must comply in connection with the permanent removal from service, for the purposes of hazardous waste management, of:a) An area in which hazardous waste was accumulated in a manner that was subject to the requirements of this chapter, other than accumulation in a sat
26.13.03.05-2.htm 26.13.03.05-2. 05-2 Closure Notification Requirements.. A. Applicability.. 1) 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.2) Sections B―C of this regulation apply to a generator and to a site at which the generator either:. a) At the time of initiation of a closure activity, qualifies as a large qu
26.13.03.05-3.htm 26.13.03.05-3. 05-3 Special Provisions for Episodic Generation Events ― Purpose and Scope.. A. This regulation and Regulations .05-4 and .05-5 of this chapter:. 1) Establish provisions that, if followed, allow a generator of hazardous waste to maintain the generator’s status as a Maryland-defined small quantity generator despite the occurrence of an event that causes the generator to exceed an upper limit on waste generation or accumulation that defines the generator’s current haza
26.13.03.05-4.htm 26.13.03.05-4. 05-4 Episodic Generation Events ― Maryland-Defined Small Quantity Generators.. A person who qualifies as a Maryland-defined small quantity generator may maintain that generator status following an episodic generation event, as described in regulation .05-3 of this chapter, by complying with the requirements of §B―D of this regulation.B. General Requirements.. 1) Limit on Number of Episodic Generation Events.. a) A generator may maintain the generator’s status
26.13.03.05-5.htm 26.13.03.05-5. 05-5 Petitions to Operate under Episodic Event Provisions for an Additional Event.. A. A generator may petition the Department to be allowed to operate under the provisions applicable to an episodic generation event for a second event in a calendar year under the following conditions:1) If the generator has already held a planned episodic generation event in a calendar year, the generator may petition the Department for an additional event that is an unplanned episodic generation
26.13.03.06.htm 26.13.03.06. 06 Record Keeping and Reporting.. A. Record Keeping.. 1) A generator shall keep a copy of each manifest signed in accordance with Regulation .04A(1) for 3 years or until he receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.2) A generator shall keep a copy of each annual report or biennial report required under §B of this
26.13.03.07.htm 26.13.03.07. 07 Transboundary Movements of Hazardous Waste for Recovery or Disposal.. A. Applicability.. 1) Except as provided in §A(3) of this regulation, this regulation applies to transboundary movements of hazardous wastes.2) The requirements identified in §B(1) of this regulation are administered by the U.S. Environmental Protection Agency as a foreign policy matter and are not delegated to the states.3) State Wastes Excluded from this Regulation.. a) Except for a waste tha
26.13.03.07-1.htm 26.13.03.07-1. 07-1 Export Notification ― Repealed.
26.13.03.07-2.htm 26.13.03.07-2. 07-2 Exports of Hazardous Waste ― Manifesting, Reporting, and Record Keeping ― Repealed.
26.13.03.07-3.htm 26.13.03.07-3. 07-3 Imports of Hazardous Waste ― Repealed.
26.13.03.07-4.htm 26.13.03.07-4. 07-4 Farmers.. A farmer disposing of waste pesticides from the farmer's own use which are hazardous wastes is not required to comply with the standards of this chapter or other standards in COMAR 26.13.05, 26.13.06, 26.13.07, or 26.13.09 for those wastes, provided the farmer triple rinses each emptied pesticide container in accordance with COMAR 26.13.02.07B(3) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with disposal
26.13.03.07-5.htm 26.13.03.07-5. 07-5 International Agreements Concerning Shipments of Hazardous Waste ― Repealed.
26.13.03.9999.htm 26.13.03.9999. Administrative History Effective date:. Regulations .01―07 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1) adopted permanently effective April 3, 1981 (8:7 Md. R. 642)Regulations .01; .04A, D; .05D, E; .07B amended effective January 18, 1982 (9:1 Md. R. 20). Regulations .01B; .02B; .04A, B, D; .05E; .06A―C; and .07A amended, and .01G and .04E adopted effective July 30, 1984 (11:15 Md. R. 1330)
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