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26.13.02.00.htm 26.13.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES Chapter 02 Identification and Listing of Hazardous Waste Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland
26.13.02.01.htm 26.13.02.01. 01 Purpose and Scope.. A. This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under COMAR 26.13.03―26.13.10.B. In this chapter:. 1) Regulations .01―07 define the terms "solid waste" and "hazardous waste" identify those wastes which are excluded from regulation under COMAR 26.13.03―26.13.07 and 26.13.10 and establish special management requirements for hazardous waste produced by small quantity generators and hazardous waste w
26.13.02.02.htm 26.13.02.02. 02 Definitions of Solid Waste.. A. Solid Waste and Discarded Material.. 1) A solid waste is any discarded material that is not excluded by Regulation .04 of this chapter or that is not excluded by a variance granted under COMAR 26.13.01.04D and E.2) A discarded material is any material which is:. a) Abandoned, as explained in §B of this regulation;. b) Recycled, as explained in §C of this regulation;. c) Considered inherently waste-like, as explained in §D of this regulation; or.
26.13.02.03.htm 26.13.02.03. 03 Definition of Hazardous Waste.. A. A solid waste, as defined in Regulation .02 of this chapter, is a hazardous waste if:. 1) It is not excluded from regulation as a hazardous waste under Regulation .04-1 of this chapter; and2) It meets any of the following criteria:. a) It exhibits any of the characteristics of hazardous waste identified in this chapter except as otherwise provided in §A-1 of this regulation concerning waste from the extraction, benefication, and
26.13.02.04.htm 26.13.02.04. 04 Materials Which Are Not Solid Wastes.. A. The following materials are not solid wastes for the purpose of this chapter:. 1) Domestic sewage, as defined in §B of this regulation,that passes through a sewer system to a publicly owned treatment work for treatment;2) Industrial wastewater discharges that are point source discharges permitted pursuant to §402 of the Clean Water Act, as amended, or permitted pursuant to Environment Article, §9-324―9-332, Annotated Code of Maryland;
26.13.02.04-1.htm 26.13.02.04-1. 04-1 Solid Wastes Which Are Not Hazardous Wastes.. A. The following solid wastes are not hazardous wastes:. 1) Household waste, as defined in §B of this regulation, including household waste that has been collected, transported, stored, treated, disposed of, recovered (for example, refuse-derived fuel) or reused;2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:a) The growing and harvesting of agricultural crops,.
26.13.02.04-2.htm 26.13.02.04-2. 04-2 Hazardous Wastes Which Are Exempt from Certain Regulations.. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, or in an associated nonwaste-treatment manufacturing unit, is not subject to regulations until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit
26.13.02.04-3.htm 26.13.02.04-3. 04-3 Samples.. A. Except as provided in §B of this regulation, a sample of solid waste or a sample of water, soil, or air, the quantity of which is to be determined by the Department, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirement of this chapter or COMAR 26.13.03―26.13.07 or to the notification requirements of §3010 of the Resource Conservation and Recovery Act, when the sample is being:
26.13.02.04-4.htm 26.13.02.04-4. 04-4 Treatability Study Samples.. A. Except as provided in §B of this regulation, persons who generate or collect samples for the purpose of conducting treatability studies as defined in COMAR 26.13.01.03B are not subject to any requirement of COMAR 26.13.02―04 or to the notification requirements of Section 3010 of RCRA, nor are those samples included in the quantity determinations of Regulation .05 of this chapter and COMAR 26.13.03.05E(2) when one of the following conditions is
26.13.02.04-5.htm 26.13.02.04-5. 04-5 Samples Undergoing Treatability Studies at Laboratories and Testing Facilities.. A. Samples undergoing treatability studies and the laboratories or testing facility conducting the treatability studies, to the extent those facilities are not otherwise subject to requirements under COMAR 26.13, are not subject to any requirements of COMAR 26.13.02―26.13.07 or 26.13.10 or 40 CFR Part 268 or to the notification requirements of §3010 of RCRA provided that a
26.13.02.04-6.htm 26.13.02.04-6. 04-6 Dredged Material That Is Not a Hazardous Waste.. A. Dredged material, as defined in §B of this regulation, is not a hazardous waste if the dredged material:1) Is subject to the requirements of a permit issued by:. a) The U.S. Army Corps of Engineers or an approved state under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. §1344) orb) The U.S. Army Corps of Engineers under Section 103 of Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. §
26.13.02.05.htm 26.13.02.05. 05 Special Requirements for Hazardous Waste Generated by Small Quantity Generators.. A. Exemptions.. 1) Except for those wastes identified in §B, C, D, and E(2) of this regulation, and except as specified in §G of this regulation, if a person generates, in a calendar month, a total of less than 100 kilograms (approximately 220 pounds) of hazardous wastes, those wastes are not subject to regulation under COMAR 26.13.03―26.13.07 and 26.13.10 and the notification requirement
26.13.02.06.htm 26.13.02.06. 06 Requirements for Recyclable Materials.. A. General.. 1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of §B and C of this regulation except for the materials listed in §A(2) and A-1 of this regulation. Hazardous wastes that are recycled will be known as "recyclable materials" Recyclable materials, except as otherwise provided in §A(2) A-1, or C(1) of this regulation or COMAR 26.13.10, are not controll
26.13.02.07.htm 26.13.02.07. 07 Residues of Hazardous Waste in Empty Containers.. A. General.. 1) Hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in §B of this regulation, is not subject to regulation under this subtitle, unless it is determined by the Secretary that sufficient amounts of the hazardous waste remain to pose a potential threat to human health or the environment.2) Any hazardous waste in either a container that
26.13.02.07-1.htm 26.13.02.07-1. 07-1 Requirements for Universal Waste.. A. Except as specified in COMAR 26.13.10.06―25, the wastes listed in §B of this regulation are exempt from regulation under COMAR 26.13.03―26.13.07 and COMAR 26.13.10.01―05, and, therefore, are not fully regulated as hazardous waste.B. The following wastes are subject to regulation under COMAR 26.13.10.06―25:. 1) Batteries, as described in COMAR 26.13.10.07;. 2) Pesticides, as described in COMAR 26.13.10.08; and. 3) Mercury-containing equ
26.13.02.08.htm 26.13.02.08. 08 Criteria for Identifying the Characteristics of Hazardous Waste.. The Secretary shall identify and define a characteristic of hazardous waste in Regulations .10―14 only upon determining that:A. A solid waste that exhibits the characteristic may:. 1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or2) Pose a substantial present or potential hazard to human health or the en
26.13.02.09.htm 26.13.02.09. 09 Criteria for Listing Hazardous Waste.. A. The Secretary shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:1) It exhibits any of the characteristics of hazardous waste identified in Regulations .10―14 of this chapter.2) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD50 toxicity (rat) of less
26.13.02.10.htm 26.13.02.10. 10 General Characteristics of Hazardous Waste.. A. A solid waste, as defined in Regulation .02 of this chapter, which is not excluded from regulation as a hazardous waste under Regulation .04-1 of this chapter is a hazardous waste if it exhibits any of the characteristics identified in this regulation and in Regulations .11―14 of this chapter.B. A hazardous waste which is identified by a characteristic in Regulations .10―14 of this chapter is assigned every EPA Haza
26.13.02.11.htm 26.13.02.11. 11 Characteristic of Ignitability.. A. A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60°C (140°F) as determined by:a) A Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79, or D-93-80;
26.13.02.11-1.htm 26.13.02.11-1. 11-1 Equipment and Procedures―Bureau of Explosives' Test Apparatus.. A. This regulation describes the equipment and procedures that shall be used in evaluating the criteria of Regulation .11C(3)c)ii)iv) of this chapter to determine whether an aerosol is ignitable.B. Flame Projection Test.. 1) Equipment. The test equipment for the Flame Projection Test consists of a base 4 inches wide and 2 feet long. A 30-inch rule with inches marked is supported horizontally on
26.13.02.12.htm 26.13.02.12. 12 Characteristic of Corrosivity.. A. A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA Publication SW-846, as incorporated by reference in COMAR 26.13.01.05A(4)2) It is a liquid and cor
26.13.02.13.htm 26.13.02.13. 13 Characteristic of Reactivity.. A. A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:1) It is normally unstable and readily undergoes violent change without detonating;. 2) It reacts violently with water;. 3) It forms potentially explosive mixtures with water;. 4) When mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human he
26.13.02.14.htm 26.13.02.14. 14 Toxicity Characteristic.. A. A solid waste, except manufactured gas plant waste, exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4) the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentratio
26.13.02.15.htm 26.13.02.15. 15 Lists of Hazardous Wastes: General.. A. A solid waste is a hazardous waste if it is listed in Regulations .16―19 unless it has been excluded from this list under COMAR 26.13.01.04A and B.B. The Secretary will indicate his basis for listing the classes or types of wastes listed in Regulations .16―19 of this chapter by employing one or more of the following hazard codes:1) Ignitable waste - (I). 2) Corrosive waste - (C). 3) Reactive waste - (R).
26.13.02.16.htm 26.13.02.16. 16 Hazardous Waste from Nonspecific Sources.. A. As qualified by §B and D of this regulation, the solid wastes listed in the “Hazardous Waste” column of Table 1 of this regulation are listed as hazardous wastes from nonspecific sources unless they are excluded under:1) 40 CFR §260.20 and 40 CFR §260.22, listed in Appendix IX to 40 CFR Part 261, and referenced in Regulation .25 of this chapter;2) COMAR 26.13.01.04A and C and listed in Regulation .26 of this chapter; or.
26.13.02.17.htm 26.13.02.17. 17 Hazardous Waste from Specific Sources.. A. As qualified by §B of this regulation, the following solid wastes are listed as hazardous wastes from specific sources unless they are excluded under:1) 40 CFR §260.20 and 40 CFR §260.22, listed in Appendix IX to 40 CFR Part 261, and referenced in Regulation .25 of this chapter; or2) COMAR 26.13.01.04A and C and listed in Regulation .26 of this chapter:. Industry. EPA Hazardous Waste Number. Hazardous Waste. Wood Preservation. K001.
26.13.02.18.htm 26.13.02.18. 18 Hazardous Waste from Specific Sources (State). Industry. EPA Hazardous Waste Number. Hazardous Waste. Hazard Code. Organic Chemical. MD01. Filter cake and chemical sludge from API separators, generated during the production of phthalate estersT). Military. MD02. Except for those wastes excluded by Regulation .26 of this chapter, reaction products resulting from the decontamination of any of the following compounds, including residues from the decontamination
26.13.02.19.htm 26.13.02.19. 19 Discarded Commercial Chemical Products, Off-Specification Species, Containers, and Spill Residues of These.The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in Regulation .02A(2)a) of this chapter, when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land instead of their original intended
26.13.02.19-1.htm 26.13.02.19-1. 19-1 Comparable Fuel and Synthesis Gas Fuel Exclusion.. A. Definitions.. 1) In Regulations .19-1―19-5 of this chapter, the following terms have the meanings indicated.. 2) Terms Defined.. a) "Comparable fuel" means a waste that is to be burned as a fuel and which has levels of hazardous constituent concentrations and physical properties comparable to those that are found in the fossil fuel that would otherwise be burned.b) "Comparable fuel burner or syngas fuel burner"
26.13.02.19-2.htm 26.13.02.19-2. 19-2 Comparable Fuel and Synthesis Gas Fuel Exclusion ― Implementation.. A. A waste that is to be burned as a fuel is excluded from the definition of a solid waste of Regulation .02 of this chapter if:1) The waste meets the specifications of:. a) Regulation .19-1B(2) of this chapter, if the waste is to be burned as a comparable fuel; or. b) Regulation .19-1B(3) of this chapter, if the waste is to be burned as a syngas fuel;. 2) The waste is burned in one of the following uni
26.13.02.19-3.htm 26.13.02.19-3. 19-3 Comparable Fuel and Syngas Fuel Waste Analysis Plan.. A. The generator of a comparable fuel or syngas fuel excluded from regulation as a solid waste under Regulation .19-2A of this chapter shall develop and follow a written waste analysis plan, which describes the procedures for sampling and analysis of the hazardous waste to be excluded, in accordance with the following requirements:1) The waste analysis plan shall be developed in accordance with the applic
26.13.02.19-4.htm 26.13.02.19-4. 19-4 Comparable Fuel or Syngas Fuel Exclusion Sampling and Analysis.. A. General.. 1) For each waste for which an exclusion from regulation as a solid waste is claimed under Regulation .19-2A of this chapter, the generator of the hazardous waste shall test for all the constituents in Regulation .24 of this chapter, except those that the generator determines should not be present in the waste, based on testing or knowledge.2) The generator shall document the basis for each
26.13.02.19-5.htm 26.13.02.19-5. 19-5 Comparable Fuel or Syngas Fuel Exclusion Record Keeping.. A. The generator of a waste excluded from regulation as a solid waste under Regulation .19-2A of this chapter shall maintain records of the following information on-site:1) All information required to be submitted to the Secretary as part of the notification of the claim required under Regulation .19-2B(2) of this chapter, including:a) The name and address of the person claiming the exclusion;.
26.13.02.19-6.htm 26.13.02.19-6. 19-6 Conditional Exclusion ― Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.A. General.. 1) This regulation establishes conditions that shall be met in order for the following materials to be excluded from the definition of solid waste when the materials are undergoing recycling:a) A used, broken cathode ray tube (CRT) and. b) Processed CRT glass.. 2) Use Constituting Disposal. If a used, broken CRT or glass from a used CR
26.13.02.19-7.htm 26.13.02.19-7. 19-7 Exports ― Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.. A. General.. 1) This regulation establishes requirements concerning exports of used, broken CRTs being recycled that must be met in order for the used, broken CRTs to be excluded from the definition of solid waste.2) The requirements of this regulation are in addition to the requirements of Regulation .19-6 of this chapter.3) Processed CRT glass, that is, CRT glass that ha
26.13.02.19-8.htm 26.13.02.19-8. 19-8 Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling or Reuse.. A. A used, intact CRT exported for recycling is not a solid waste if the used, intact CRT:. 1) Is managed in accordance with the requirements concerning notice and consent that apply to used, broken CRTs in Regulation .19-7A(5)7) and §B―D of this chapter; and2) Is not “accumulated speculatively” as described in Regulation .01C(3)l) of this chapter.. B. Notification.. 1) A CRT exporter who exp
26.13.02.20.htm 26.13.02.20. 20 Representative Sampling Methods.. A. The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. Samples collected using the sampling protocols listed in §B, of this regulation, for sampling waste with properties similar to the indicated materials, will be considered by the Department to be representative of the waste.B. Sampling Protocols.. 1) Extremely viscous liquid ― ASTM Standard D140-70..
26.13.02.21.htm 26.13.02.21. 21 Test Procedures―EP Toxicity and Toxicity Characteristic.. A. The EP Toxicity (Method 1310A) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4)B. The Toxicity Characteristic Leaching Procedure (TCLP) (Method 1311) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA Publications SW-846, which is incorporat
26.13.02.22.htm 26.13.02.22. 22 Chemical Analysis Test Methods.. A. Appropriate analytical procedures to determine whether a sample contains a given toxic constituent are specified in Chapter Two, "Choosing the Correct Procedure" found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4)B. Before selecting a final sampling and analysis method, a person shall consult the specific section or method described in
26.13.02.23.htm 26.13.02.23. 23 Basis for Listing Hazardous Wastes.. EPA Hazardous Waste Number. Hazardous Constituents For Which Listed. F001. tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorinated fluorocarbons, carbon tetrachlorideF002. tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, o-dichlorobenzene, trichlorofluoromethaneF003. N.A. ―Waste is hazardous
26.13.02.24.htm 26.13.02.24. 24 Hazardous Constituents.. For the purposes of this regulation, "hazardous constituent" means any of the substances listed in Appendix VIII of 40 CFR Part 261.
26.13.02.25.htm 26.13.02.25. 25 Wastes Excluded from COMAR 26.13.02.16 and COMAR 26.13.02.17. Wastes identified in Appendix IX to 40 CFR Part 261, which the EPA has excluded from the lists of hazardous waste in 40 CFR Part 261, Subpart D, are considered to have been excluded from the list of hazardous waste from nonspecific sources in Regulation .16 of this chapter and the list of hazardous waste from specific sources in Regulation .17 of this chapter.
26.13.02.26.htm 26.13.02.26. 26 Wastes Excluded Under COMAR 26.13.01.04A and C.. A. Wastes with State Hazardous Waste Number MD02.. 1) In accordance with COMAR 26.13.01.04A and C, wastes that are residuals from the decontamination of the chemical warfare agents identified in §A(2) of this regulation that would otherwise be assigned State Hazardous Waste Number MD02 are excluded from the list of hazardous wastes in Regulation .18 of this chapter if the decontamination:a) Has been conducted acc
26.13.02.9999.htm 26.13.02.9999. Administrative History Effective date:. Regulations .01―17 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 .02C, F; .04A, B, D; .05D, .06B, .15, .16, and .17E, F amended, .05F adopted, and .07C repealed effective February 13, 1984 (11:3 Md. R. 202)Regulations .02F, .03A. .06B, .13B, .14, .15, .17E―F and Appendices IV and V amended, and .05G adopted effective July 30, 198
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