Md. Code Regs. 26.13.01.04 - Rule-Making Petitions
A. General.
(1) Any person may petition the Secretary to
modify or revoke any provision in this subtitle. This section sets forth
general requirements which apply to these petitions. Section B of this
regulation sets forth additional requirements for petitions to add a testing or
analytical method to COMAR 26.13.02, 26.13.05, or 26.13.06. Section C of this
regulation sets forth additional requirements for petitions to exclude a waste
at a particular facility from COMAR
26.13.02.03 or the lists of
hazardous wastes in COMAR 26.13.02.15 -.19. Section J of this regulation sets
forth additional requirements for petitions to amend COMAR 26.13.10.06 -.25 to
include additional hazardous waste as universal waste.
(2) Each petition shall be submitted to the
Secretary by certified mail and shall include:
(a) The petitioner's name and
address;
(b) A statement of the
petitioner's interest in the proposed action;
(c) A description of the proposed action,
including (when appropriate) suggested regulatory language; and
(d) A statement of the need and justification
for the proposed action, including any supporting tests, studies, or other
information.
(3) The
Secretary will make a tentative decision to grant or deny a petition and will
publish notice of the tentative decision, either in the form of an advanced
notice of proposed rule making, a proposed rule, or a tentative determination
to deny the petition, in the Maryland Register for written public
comment.
(4) Upon the written
request of any interested person, the Secretary may, at his discretion, hold an
informal public hearing to consider oral comments on the tentative decision. A
person requesting a hearing shall state the issues to be raised and explain why
written comments would not suffice to communicate the person's views. The
Secretary may in any case decide on his own motion to hold an informal public
hearing.
(5) After evaluating all
public comments, the Secretary will make a final decision by publishing in the
Maryland Register a regulatory amendment or a denial of the petition.
B. Petitions for Equivalent
Testing or Analytical Methods.
(1) Any person
seeking to add a testing or analytical method to COMAR 26.13.02, 26.13.05, or
26.13.06 may petition for a regulatory amendment under this section and §A of
this regulation. To be successful, the person shall demonstrate to the
satisfaction of the Secretary that the proposed method is equal to or superior
to the corresponding method prescribed in COMAR 26.13.02, 26.13.05, or 26.13.06
in terms of its sensitivity, accuracy, and precision, that is, its
reproducibility.
(2) Each petition
shall include, in addition to the information required by §A(2) of this
regulation:
(a) A full description of the
proposed method, including all procedural steps and equipment used in the
method;
(b) A description of the
types of wastes or waste matrices for which the proposed method may be
used;
(c) Comparative results
obtained from using the relevant or corresponding methods prescribed in COMAR
26.13.02, 26.13.05, or 26.13.06;
(d) An assessment of any factors which may
interfere with, or limit the use of, the proposed method; and
(e) A description of the quality control
procedures necessary to ensure the sensitivity, accuracy, and precision of the
proposed method.
(3)
After receiving a petition for an equivalent method, the Secretary may request
any additional information on the proposed method which he may reasonably
require to evaluate the method.
B-1. Procedures to Amend COMAR 26.13.02 to
Exclude a Waste Produced at a Particular Facility.
(1) This section establishes procedures under
which waste from a particular generating facility may be excluded from the
lists in COMAR 26.13.02.15-.19.
(2)
For a waste that is listed as a hazardous waste in both 40 CFR Part 261,
Subpart D, and COMAR 26.13.02.15-.19:
(a) A
person who seeks to exclude the waste from the lists in COMAR 26.13.02.15-.19
shall do so by petitioning the Administrator of the U.S. Environmental
Protection Agency, following the procedures in
40 CFR §
260.22; and
(b) If the petition submitted in accordance
with §B-1(2)(a) of this regulation is successful:
(i) EPA will add the waste to the appropriate
table in Appendix IX of 40 CFR Part 261 ; and
(ii) The waste will be excluded from the
lists of hazardous wastes in COMAR 26.13.02.15-.19 through the action of COMAR
26.13.02.25.
(3) For a waste that is listed as a hazardous
waste in COMAR 26.13.02.15-.19, but not in 40 CFR Part 261, Subpart D:
(a) A person who seeks to exclude the waste
from the lists in COMAR 26.13.02.15-.19 shall do so by following the procedures
in §C of this regulation; and
(b)
If the petition submitted in accordance with §C of this regulation is
successful, the Department will identify the waste in COMAR 26.13.02.26.
C. Petitions
to Amend COMAR 26.13.02 to Exclude a Waste Produced at a Particular Facility.
(1) A person seeking to exclude a waste
identified in §B-1(3) of this regulation that is generated at a particular
generating facility from the lists in COMAR 26.13.02.15-.19 may petition for a
regulatory amendment under this section and §A of this regulation, but the
petitioner shall be successful only if:
(a)
The petitioner demonstrates to the satisfaction of the Secretary that the waste
produced by a particular generating facility does not meet any of the criteria
under which the waste was listed as a hazardous or an acutely hazardous
waste;
(b) The petitioner satisfies
the requirements of §C(3)-(8) of this regulation; and
(c) Even if the Secretary has a reasonable basis to
believe that factors other than those for which the waste was listed could
cause the waste to be a hazardous waste, the Secretary determines that these
factors do not warrant retaining the waste as a hazardous waste, subject to the
following:
(i) The Secretary's determination
shall be based on a petition that is a complete application, in that it
includes all information required by this section;
(ii) The other factors considered by the
Secretary in evaluating whether the waste should be excluded from the waste
listing may include the presence of additional constituents in the waste other
than those that caused the waste to be listed; and
(iii) Even if the Secretary concludes that
the waste should be excluded from the waste listing, the waste still may be a
hazardous waste by operation of COMAR 26.13.02.10-.14.
(2) Procedures.
(a) Subject to §C(2)(b) of this regulation, a
person may use the procedures in this section and §A of this regulation to
petition the Secretary for a regulatory amendment to exclude from COMAR
26.13.02.03A(2)(b)
or B a waste that is described in those sections and is a waste that:
(i) Is listed in COMAR
26.13.02.15-.19;
(ii) Contains a
waste listed in COMAR 26.13.02.15-.19; or
(iii) Is derived from a waste listed in COMAR
26.13.02.15-.19.
(b) The
following conditions apply in connection with petitions made under this
section:
(i) An exclusion granted in response
to the petition may only be issued for a particular generating, storage,
treatment, or disposal facility;
(ii) The petitioner shall make the same
demonstration as required by §C(1) of this regulation, except that if the waste
is a mixture of solid waste and one or more listed hazardous wastes or if the
waste is derived from one or more hazardous wastes, the petitioner's
demonstration may be made with respect to each constituent listed waste or the
waste mixture as a whole; and
(iii)
A waste which is excluded as a result of the petition may still be a hazardous
waste by operation of COMAR 26.13.02.10-14.
(3) If the waste is listed with codes "I",
"C", "R", or "E" in COMAR 26.13.02.15 -.19:
(a) The petitioner shall show that the waste
does not exhibit the relevant characteristic for which the waste was listed as
defined in COMAR 26.13.02.11-.14 using any applicable methods prescribed there.
The petitioner shall also show that the waste does not exhibit any of the other
characteristics defined in COMAR 26.13.02.11-.14 using any applicable methods
prescribed there.
(b) Based on a
complete application, the Secretary shall determine when he has a reasonable
basis to believe that factors, including additional constituents, other than
those for which the waste was listed could cause the waste to be a hazardous
waste, that these factors do not warrant retaining the waste as a hazardous
waste. A waste which is so excluded, however, still may be a hazardous waste by
operation of COMAR 26.13.02.10-.14.
(4) For waste listed with code "T" in COMAR
26.13.02.15-.19:
(a) The petitioner shall
demonstrate that the waste:
(i) Does not
contain the constituent or constituents, as defined in COMAR
26.13.02.23, that caused the
Secretary to list the waste, using the appropriate test methods prescribed in
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA
Publication SW-846, as incorporated by reference in Regulation .05 of this
chapter; or
(ii) Although
containing one or more of the hazardous constituents as defined in COMAR
26.13.02.24 that caused the
Secretary to list the waste, does not meet the criterion of COMAR
26.13.02.09A(3)
when considering the COMAR
26.13.02.09A(3)(a)-(k)
under which the waste was listed as a the waste was listed as a hazardous
waste;
(b) Based on a
complete application, the Secretary shall determine, when he has a reasonable
basis to believe that factors (including additional constituents) other than
those for which the waste was listed could cause the waste to be a hazardous
waste, that these factors do not warrant retaining the waste as a hazardous
waste;
(c) The petitioner shall
demonstrate that the waste does not exhibit any of the characteristics defined
in COMAR 26.13.02.10 -.14 using any applicable methods prescribed there;
and
(d) A waste which is so
excluded, however, still may be a hazardous waste under COMAR
26.13.02.10-.14.
(5) If
the waste is listed with the code "H" in COMAR 26.13.02.15 -.19:
(a) The petitioner shall demonstrate that the
waste does not meet the criterion of COMAR
26.13.02.09A(2);
(b) Based on a complete application, the
Secretary shall determine, when he has a reasonable basis to believe that
additional factors, including additional constituents, other than those for
which the waste was listed could cause the waste to be a hazardous waste, that
these factors do not warrant retaining the waste as a hazardous
waste;
(c) The petitioner shall
demonstrate that the waste does not exhibit any of the characteristics defined
in COMAR 26.13.02.11-.14 using any applicable methods prescribed there;
and
(d) A waste which is so
excluded, however, still may be a hazardous waste by operation of COMAR
26.13.02.10-.14.
(6)
Demonstration samples shall consist of enough representative samples, but not
less than four samples, taken over a period of time sufficient to represent the
variability or the uniformity of the waste.
(7) Each petition shall include, in addition
to the information required by Regulation .04A(2):
(a) The name and address of the laboratory
facility performing the sampling or tests of the waste;
(b) The names and qualifications of the
persons sampling and testing the waste;
(c) The dates of sampling and
testing;
(d) The location of the
generating facility;
(e) A
description of the manufacturing processes or other operations and feed
materials producing the waste and an assessment of whether these processes,
operations, or feed materials can or might produce a waste that is not covered
by the demonstration;
(f) A
description of the waste and an estimate of the average and maximum monthly and
annual quantities of waste covered by the demonstration;
(g) Pertinent data on and discussion of the
factors delineated in the respective criterion for listing a hazardous waste,
where the demonstration is based on the factors in COMAR
26.13.02.09A(3);
(h) A description of the methodologies and
equipment used to obtain the representative samples;
(i) A description of the sample handling and
preparation techniques used for extraction, containerization, and preservation
of te samples;
(j) A description of
the tests performed (including results);
(k) The names and model numbers of the
instruments used in performing the tests; and
(l) The following statement signed by the
generator of the waste or his authorized representative: I certify under
penalty of law that I have personally examined and am familiar with the
information submitted in this demonstration and all attached documents, and
that, based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment.
(8) After
receiving a petition for an exclusion, the Secretary may request any additional
information which he may reasonably require to evaluate the petition.
(9) An exclusion will only apply to the waste
generated at the individual facility covered by the demonstration and will not
apply to waste from any other facility.
(10) The Secretary may exclude only part of
the waste from which the demonstration is submitted when he has reason to
believe that variability of the waste justifies a partial exclusion.
D. Variances from Classification
as a Solid Waste. In accordance with the standards and criteria in §E of this
regulation and the procedures in §G of this regulation, the Secretary may
determine on a case-by-case basis that the following recycled materials are not
solid wastes:
(1) Material accumulated
speculatively without sufficient amounts being recycled as defined in COMAR
26.13.02.01D;
(2) Materials that are reclaimed and then
reused within the original primary production process in which they were
generated;
(3) Materials that have
been reclaimed but must be reclaimed further before the materials are
completely recovered;
(4) Hazardous
secondary materials that are reclaimed in a continuous industrial process;
and
(5) Hazardous secondary
materials that are indistinguishable in all relevant aspects from a product or
intermediate.
E.
Standards and Criteria for Variances from Classification as a Solid Waste.
(1) The Secretary may grant requests for a
variance from classifying as a solid waste those materials that are accumulated
speculatively without sufficient amounts being recycled if the applicant
demonstrates that sufficient amounts of the material will be recycled or
transferred for recycling in the following year. If a variance is granted, it
is valid only for the following year, but can be renewed, on an annual basis,
by filing a new application. The Secretary's decision will be based on all of
the following standards and criteria:
(a) The
manner in which the material is expected to be recycled, when the material is
expected to be recycled, and whether this expected disposition is likely to
occur, as evidenced by, for example, past practices, market factors, the nature
of the material, or contractual arrangements for recycling.
(b) The reason that the applicant has
accumulated the material for one or more years without recycling 75 percent of
the volume accumulated at the beginning of the year.
(c) The quantity of material already
accumulated and the quantity expected to be generated and accumulated before
the material is recycled.
(d) The
extent to which the material is handled to minimize loss.
(e) Other relevant factors.
(2) The Secretary may grant
requests for a variance from classifying as a solid waste those materials that
are reclaimed and then reused as feedstock within the original primary
production process in which the materials were generated if the reclamation
operation is an essential part of the production process. This determination
will be based on the following criteria:
(a)
How economically viable the production process would be if it were to use
virgin materials, rather than reclaimed materials;
(b) The prevalence of the practice on an
industry-wide basis;
(c) The extent
to which the material is handled before reclamation to minimize loss;
(d) The time periods between generating the
material and its reclamation, and between reclamation and return to the
original primary production process;
(e) The location of the reclamation operation
in relation to the production process;
(f) Whether the reclaimed material is used
for the purpose for which it was originally produced when it is returned to the
original process, and whether it is returned to the process in substantially
its original form;
(g) Whether the
person who generates the material also reclaims it; and
(h) Other relevant factors.
(3) The Secretary:
(a) May grant requests for a variance from
classifying as a solid waste those hazardous secondary materials that have been
partially reclaimed but must be reclaimed further before recovery is completed
if the partial reclamation has produced a commodity-like material;
and
(b) Shall base a determination
that a partially reclaimed material is commodity-like on whether the hazardous
secondary material is legitimately recycled, as specified in §L of this
regulation, and on whether all of the following decision criteria are
satisfied:
(i) Whether the degree of partial
reclamation is substantial, as demonstrated by the partial reclamation being
accomplished through use of a partial reclamation process other than the
process that generated the hazardous waste;
(ii) Whether the partially reclaimed material has
sufficient economic value so that it will be purchased for further
reclamation;
(iii) Whether the
partially reclaimed material is a viable substitute for a product or
intermediate produced from virgin or raw materials, and is used in subsequent
production steps;
(iv) Whether
there is a market for the partially reclaimed material, as demonstrated by
there being a known customer or customers engaged in further reclaiming the
material, supported by evidence such as records of sales, contracts, or bills
of lading or other indicators of subsequent use; and
(v) Whether the partially reclaimed material is
handled to minimize loss.
F. Variance to be Classified as a Boiler. In
accordance with the standards and criteria in Regulation .03B(5) of this
chapter defining "boiler", and the procedure in §G of this regulation, the
Secretary may determine on a case-by-case basis that certain enclosed devices
using controlled flame combustion are boilers, even though they do not
otherwise meet the definition of boiler contained in Regulation .03B(5) of this
chapter, after considering the following criteria:
(1) The extent to which the unit has
provisions for recovering and exporting thermal energy in the form of steam,
heated fluids, or heated gases;
(2)
The extent to which the combustion chamber and energy recovery equipment are of
integral design;
(3) The efficiency
of energy recovery, calculated in terms of the recovered energy compared with
the thermal value of the fuel;
(4)
The extent to which exported energy is used;
(5) The extent to which the device is in
common and customary use as a "boiler" functioning primarily to produce steam,
heated fluids, or heated gases; and
(6) Other factors, as appropriate.
G. Procedures for Variances from
Classification as a Solid Waste or Classification as a Boiler. The Secretary
shall use the following procedures in evaluating applications for variances
from classification as a solid waste or applications to classify particular
enclosed flame combustion devices as boilers:
(1) The applicant shall apply to the
Secretary. The application shall address the relevant criteria contained in §E
or F of this regulation.
(2) The
Secretary:
(a) Shall evaluate the application
for the variance and issue a draft notice tentatively granting or denying the
application;
(b) Shall provide
notification of this tentative decision by newspaper advertisement and radio
broadcast in the locality where the recycler is located;
(c) Shall accept comment on the tentative
decision for 45 days;
(d) May hold
a public hearing on the tentative decision upon request or at the Secretary's
discretion; and
(e) Shall issue a
final decision after receipt of comments and after any scheduled
hearing.
(3) If there is
a change in circumstances that affects how a hazardous secondary material meets
the relevant criteria in §E or F of this regulation upon which a variance had
been based, the applicant shall send a description of the change to the
Secretary. The Secretary may issue a determination that the hazardous secondary
material continues to meet the relevant criteria of the variance, or may
require the applicant to reapply for the variance.
(4) Expiration of Variances.
(a) The Secretary shall specify a fixed term
not to exceed 10 years during which a variance is effective.
(b) If a person wishes to continue to operate
under a variance, the person shall, no later than 6 months before the end of
the fixed term specified under §G(4)(a) of this regulation, reapply for the
variance.
(c) If a person submits a
complete application within 6 months of the end of the fixed term of the
variance, the person may continue to operate under the expired variance until
receiving a decision on the reapplication from the Secretary.
(5) A person who receives a
variance under this section shall provide notification in accordance with §K of
this regulation.
H.
Additional Regulation of Certain Hazardous Waste Recycling Activities on a
Case-By-Case Basis.
(1) The Secretary may
decide on a case-by-case basis that persons accumulating or storing the
recyclable materials described in COMAR
26.13.02.06A(2)(b)(iii)
shall be regulated under COMAR
26.13.02.06B and
C. The basis for this decision is that the materials are being accumulated or
stored in a manner that does not protect human health and the environment
because the materials or their toxic constituents have not been adequately
contained, or because the materials being accumulated or stored together are
incompatible. In making this decision, the Secretary shall consider the
following factors:
(a) The types of materials
accumulated or stored and the amounts accumulated or stored;
(b) The method of accumulation or
storage;
(c) The length of time the
materials have been accumulated or stored before being reclaimed;
(d) Whether any contaminants are being
released into the environment, or are likely to be so released; and
(e) Other relevant
factors.
(2) The
procedures for this decision are set forth in §I of this
regulation.
I. Procedures
for Case-By-Case Regulation of Hazardous Waste Recycling Activities. The
Secretary shall use the following procedures when determining whether to
regulate hazardous waste recycling activities described in COMAR
26.13.02.06A(2)(b)(iii),
under the provisions of COMAR
26.13.02.06B and
C, rather than under the provisions of COMAR
26.13.10.03:
(1) If a generator is accumulating the waste:
(a) The Secretary shall issue a notice
setting forth the factual basis for the decision to regulate and stating that
the person shall comply with the applicable requirements of COMAR
26.13.03.01-.03 and .05-.07;
(b)
The notice referred to in §I(1)(a) of this regulation becomes final within 30
days, unless the person served challenges the decision; and
(c) If the person who is served a notice
under §I(1)(a) of this regulation challenges the serving of the notice, the
Secretary shall:
(i) Hold a public
hearing;
(ii) Provide notice of the
public hearing to the public and allow public participation at the
hearing;
(iii) Issue a final order
after the public hearing stating whether or not compliance with COMAR 26.13.03
is required;
(iv) Make the order
required by §I(1)(c)(iii) of this regulation effective 30 days after it is
received by the person to whom it is directed, unless the Secretary specifies a
later date.
(2)
If the person is accumulating the recyclable material at a storage facility,
the Secretary shall issue a notice stating that the person shall obtain a
permit in accordance with all applicable provisions of COMAR
26.13.07.
(3) The following
additional requirements apply in instances when the person is accumulating the
recyclable material at a storage facility:
(a) The owner or operator of the facility
shall apply for a permit within not less than 60 days and not more than 6
months of notice under §I(2) of this regulation, as specified in the
notice;
(b) The owner or operator
of the facility may challenge the Secretary's decision under §I(2) of this
regulation to require a permit in:
(i) The
permit application;
(ii) A public
hearing held on the draft permit; or
(iii) Comments filed on the draft permit or
the notice of intent to deny the permit;
(c) The Secretary shall specify in the fact
sheet accompanying the permit for the storage facility the reasons for the
Secretary's determination that a permit is required; and
(d) The question of whether the Secretary's
decision to require a permit was proper remains open for consideration during
the public comment period associated with the permit and in any subsequent
hearing on the permit.
J. Petitions to Amend COMAR 26.13.10.06 -.25
to Include Additional Hazardous Wastes as Universal Wastes.
(1) A person seeking to add a hazardous waste
or a category of hazardous waste to the universal waste regulations of COMAR
26.13.10.06 -.25 may petition for a regulatory amendment under this section, §A
of this regulation, and COMAR 26.13.10.25.
(2) To be successful, a petitioner shall:
(a) Demonstrate to the satisfaction of the
Secretary that regulation under the universal waste regulations of COMAR
26.13.10.06 -.25:
(i) Is appropriate for the
waste or category of waste;
(ii)
Will improve management practices for the waste or category of waste;
and
(iii) Will improve
implementation of the hazardous waste program;
(b) Include in the petition the information
required by §A(2) of this regulation; and
(c) Address in the petition as many of the
factors listed in COMAR
26.13.10.25B as
are appropriate for the waste or category of waste that is the subject of the
petition.
(3) The
Secretary shall:
(a) Grant or deny a petition
to include additional hazardous wastes as universal wastes using the factors
listed in COMAR
26.13.10.25B to
evaluate the merits of the petition;
(b) Base the decision to grant or deny the
petition on the weight of evidence showing that regulation under COMAR
26.13.10.06 -.25:
(i) Is appropriate for the
waste or category of waste;
(ii)
Will improve management practices for the waste or category of waste;
and
(iii) Will improve
implementation of the hazardous waste program.
(4) The Secretary may request additional
information to evaluate the merits of a petition to include additional
hazardous wastes as universal wastes.
K. Notification Requirements for Variances
from Classification as a Solid Waste.
(1) A
person managing a hazardous secondary material under a variance granted in
accordance with §D of this regulation shall provide notification in accordance
with the requirements of this section.
(2) A person providing notification under
§K(1) of this regulation shall:
(a) Provide
notification to the Department before operating under the variance and by March
1 of each even-numbered year thereafter using EPA Form 8700-12 or another
method acceptable to the Department; and
(b) Include the following information in the
notification:
(i) The name, address, and, if
applicable, the EPA ID number of the facility;
(ii) The name and telephone number of a
contact person;
(iii) The NAICS
code of the facility;
(iv) The
regulation under which the hazardous secondary material will be
managed;
(v) The date when the
facility expects to begin managing the hazardous secondary material in
accordance with the regulation;
(vi) A list of hazardous secondary materials
that will be managed according to the regulation, reported as the EPA hazardous
waste numbers that would apply if the hazardous secondary material were managed
as hazardous waste;
(vii) For each
hazardous secondary material, whether the hazardous secondary material, or any
portion of the hazardous secondary material, will be managed in a land-based
unit;
(viii) The quantity of each
hazardous secondary material to be managed annually; and
(ix) The certification included in EPA Form
8700-12 signed and dated by an authorized representative of the
facility.
(3)
If a person managing hazardous secondary materials has submitted a
notification, but then subsequently stops managing hazardous secondary
materials under a variance granted under §D of this regulation, the person
shall notify the Department within 30 days using EPA Form 8700"12. For the
purposes of this requirement, a facility is considered to have stopped managing
hazardous secondary materials if the facility no longer generates, manages, or
reclaims hazardous secondary materials under §D of this regulation and does not
expect to manage any amount of hazardous secondary materials for at least 1
year.
L. Legitimate
Recycling of Hazardous Secondary Materials.
(1) General Considerations.
(a) The recycling of a hazardous secondary
material may qualify for an exclusion or exemption from the hazardous waste
regulations only if the recycling is legitimate, as specified in this
section.
(b) A hazardous secondary
material that is not legitimately recycled is discarded material and is a solid
waste.
(c) To demonstrate that an
activity claimed to be recycling is legitimate recycling, a person shall:
(i) Address all the requirements of §L(2) of
this regulation; and
(ii) Consider
the requirements of §L(3) of this regulation.
(d) The Secretary:
(i) Shall determine that an activity claimed
to be recycling is legitimate recycling only if all the criteria of §L(2) of
this regulation are met; and
(ii)
May determine that an activity claimed to be recycling is not legitimate
recycling based on consideration of the supplemental factors identified in
§L(3) of this regulation.
(2) Mandatory Criteria. In order to be
considered legitimate recycling, an activity is required to:
(a) Involve a hazardous secondary material
that provides a useful contribution to the recycling process or to a product or
intermediate of the recycling process by:
(i)
Contributing valuable ingredients to a product or intermediate;
(ii) Replacing a catalyst or carrier in the
recycling process;
(iii) Serving as
the source of a valuable constituent that is recovered in the recycling
process;
(iv) Being recovered or
regenerated by the recycling process; or
(v) Being used as an effective substitute for
a commercial product;
(b)
Produce a valuable product or intermediate, as indicated by the product or
intermediate being:
(i) Sold to a third
party; or
(ii) Used by the recycler
or the generator as an effective substitute for a commercial product or as an
ingredient or intermediate in an industrial process; and
(c) Be conducted in a manner that results in
the hazardous secondary material being managed as a valuable commodity when it
is under the control of the generator and the recycler, as indicated by the
generator and recycler:
(i) Managing the
hazardous secondary material in a manner consistent with the management of an
analogous raw material, if any, or in an equally protective manner as the
typical method of management of an analogous raw material;
(ii) Ensuring that the hazardous secondary
material is contained, as described in §L(4) of this regulation, if there is no
analogous raw material; and
(iii)
Immediately recovering any hazardous secondary material that is released to the
environment, with any released secondary hazardous material that is not
immediately recovered being subject to regulation as a discarded
material.
(3)
Supplemental Factors.
(a) In evaluating
whether an activity that is claimed to be recycling is legitimate recycling, a
person shall consider whether the product of the recycling process:
(i) Contains significant concentrations of
any hazardous constituents identified in COMAR
26.13.02.24 that are not found in
analogous products;
(ii) Contains
hazardous constituents identified in COMAR
26.13.02.24 at concentrations that
are significantly elevated from those found in analogous products; or
(iii) Exhibits a hazardous characteristic as
defined in COMAR 26.13.02.10-.14 that analogous products do not
exhibit.
(b) If one or
more of the conditions in §L(3)(a) of this regulation is met by a product of a
recycling process:
(i) This may be an
indication that the process is not legitimate recycling; or
(ii) The process may still be classified as
legitimate recycling in consideration of other factors related to the presence
of hazardous constituents or the exhibiting of a hazardous characteristic, such
as potential exposures to toxics in the product, the bioavailability of the
toxics in the product, and other relevant considerations.
(4) Criteria to Be Considered
Contained.
(a) For the purposes of this
section, a hazardous secondary material is considered to be contained if the
material is held in a unit, including a land-based unit, that meets the
following criteria:
(i) The unit is in good
condition;
(ii) The unit has no
leaks or other continuing or intermittent releases of hazardous secondary
material to the environment, except for releases that are authorized by a
permit, such as a permit to discharge to water or air;
(iii) The unit is designed, operated,
constructed, and maintained to prevent unpermitted releases to the environment
that include, but are not limited to, releases through surface transport by
precipitation runoff, releases to soil and ground water, wind-blown dust,
fugitive air emissions, and catastrophic unit failures;
(iv) The unit is properly labeled or operated
with an inventory log or other system to allow the immediate identification of
the hazardous secondary material in the unit;
(v) The unit is operated so that only
mutually compatible materials are placed in the unit; and
(vi) The materials being held in the unit are
compatible with the materials of construction of the unit.
Notes
Regulations .04, D_I adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .04 amended effective October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647)
Regulation .04F amended effective May 24, 1993 (20:10 Md. R. 853)
Regulation .04I amended effective December 23, 1991 (18:25 Md. R. 2759); October 16, 2000 (27:20 Md. R. 1843); amended effective 49:1 Md. R. 14, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.