Md. Code Regs. 26.13.02.04-1 - 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,
(b) The raising
of animals, including animal manures;
(3) Mining overburden returned to the mine
site;
(4) Fly ash waste, bottom ash
waste, slag waste, and flue gas emission control waste generated primarily from
the combustion of coal or other fossil fuels;
(5) Drilling fluids, produced waters, and
other wastes associated with the exploration, development, or production of
crude oil, natural gas, or geothermal energy;
(6) Contaminated soils and other solids
recovered from spills or removed from old disposal sites containing PCB at
concentrations of less than 50 ppm which shall be disposed of at approved sites
only if they do not qualify as a hazardous waste under any other section of
this regulation;
(7) Solid waste
from the extraction, and beneficiation and processing of ores and minerals as
specified in §§E and F of this regulation, including coal, phosphate rock, and
overburden from the mining of uranium ore, except that the Secretary, on a
case-by-case basis, may impose by Order those requirements of COMAR 26.13
determined by the Secretary to be necessary to protect human health and the
environment;
(8) Cement kiln dust
waste;
(9) Solid waste which
consists of discarded arsenical-treated wood or wood products that, as a result
of the wood treating process, fail the test for the toxicity characteristic for
Hazardous Waste Codes D004-D017, and which is not a hazardous waste for any
other reason if the waste is generated by persons who use the arsenical-treated
wood and wood products for the material's intended end use;
(10) Chromium waste which meets one of the
following criteria:
(a) Wastes which fail the
test for the toxicity characteristic because chromium is present, or are listed
in Regulations .15-.19 of this chapter due to the presence of chromium, which
do not fail the test for the toxicity characteristic for any other constituent
or are not listed due to the presence of any other constituent, and which do
not fail the test for any other characteristic, if it is shown by a waste
generator or by waste generators that:
(i) The
chromium in the waste is exclusively (or nearly exclusively) trivalent
chromium,
(ii) The waste is
generated from an industrial process which uses trivalent chromium exclusively
(or nearly exclusively) and the process does not generate hexavalent chromium,
and
(iii) The waste is typically
and frequently managed in non-oxidizing environments;
(b) Specific wastes which meet the standard
in §A(10)(a) of this regulation, so long as they do not fail the test for the
toxicity characteristic for any other constituent other than chromium, and do
not exhibit any other characteristic of hazardous waste, are:
(i) Chrome (blue) trimmings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
retan/wet finish, no beamhouse, through-the-blue, and shearling,
(ii) Chrome (blue) shavings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
retan/wet finish, no beamhouse, through-the-blue, and shearling,
(iii) Buffing dust generated by the following
subcategories of the leather tanning and finishing industry: hair pulp/chrome
tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish,
no beamhouse, through-the-blue,
(iv) Sewer screenings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
retan/wet finish, no beamhouse, through-the-blue, and shearling,
(v) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
retan/wet finish, no beamhouse, through-the-blue, and shearling,
(vi) Wastewater treatment sludges generated
by the following subcategories of the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
and through-the-blue,
(vii) Waste
scrap leather from the leather tanning industry, the shoe manufacturing
industry, and other leather product manufacturing industries,
(viii) Wastewater treatment sludges from the
production of TiO2 pigment using chromium-bearing ores
by the chloride process;
(11) Used oil which contains more than 1,000
parts per million total halogens if:
(a) The
used oil:
(i) Has been demonstrated not to
contain hazardous waste through the use of an analytical method, or some other
means acceptable to the Secretary, to show, to the Secretary's satisfaction,
that the used oil does not contain significant concentrations of halogenated
hazardous constituents listed in Regulation .24 of this chapter,
(ii) Is a metalworking oil or metalworking
fluid which contains chlorinated paraffins and is processed, through a tolling
agreement, to reclaim metalworking oil or fluid, or
(iii) Is contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units and the CFCs are
destined for reclamation; and
(b) The used oil is not regulated as
hazardous for any other reason.
(12) Petroleum-contaminated media and debris
that fail the test for the toxicity characteristic of Regulation .14 of this
chapter (Hazardous Waste Codes D018 through D043 only) and are subject to the
corrective action regulations under 40 CFR 280 ;
(13) Used chlorofluorocarbon refrigerants
from totally enclosed heat transfer equipment, including mobile air
conditioning systems, mobile refrigeration, and commercial and industrial air
conditioning and refrigeration systems that use chlorofluorocarbons as the heat
transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use;
(14)
Non-terne-plated used oil filters from internal combustion engines, if:
(a) The filter has not been mixed with any
waste that is listed in Regulations .15-.19 of this chapter;
(b) The filter has been drained by initiating
the draining with the oil near operating temperature and conducting the
draining in an environment warmer than 60°F;
(c) One of the following alternatives has
been used in conjunction with draining as described in §A(14)(b) of this
regulation to remove oil from the filter:
(i)
Puncturing the filter anti-drain back valve or the filter dome end, and
draining,
(ii) Draining, followed
by crushing the filter,
(iii)
Dismantling the filter and draining, or
(iv) Using an alternative technique in
conjunction with draining which will remove oil from the filter at least as
well as the techniques described in §A(14)(c)(i)-(iii) of this regulation;
and
(d) In complying
with §A(14)(c) of this regulation, the filter has been allowed to drain under
the influence of gravity for at least 12 hours;
(15) Used oil re-refining distillation
bottoms that are used as feedstock to manufacture asphalt products;
and
(16) Leachate or gas condensate
collected from a landfill where certain solid wastes have been disposed if the
following conditions are met:
(a) The solid
wastes that have been disposed in the landfill would have met one or more of
the listing descriptions of Regulation .17 of this chapter for EPA Hazardous
Waste Numbers K169, K170, K171, K172, K174, K175, K176, K177, and K178 if the
wastes had been generated after the effective dates of these waste listings as
identified in §A(16)(e) of this regulation;
(b) The solid wastes identified in §A(16)(a)
of this regulation were disposed in the landfill before the effective dates of
the waste listings as identified in §A(16)(g) of this regulation;
(c) Neither the leachate nor the gas
condensate:
(i) Exhibits any characteristic of
hazardous waste identified in Regulations .10-.14 of this chapter; or
(ii) Is derived from any other listed
hazardous waste;
(d)
Discharge of the leachate or gas condensate, including leachate or gas
condensate transferred from the landfill to a publicly owned treatment works
(POTW) by truck, rail, or dedicated pipe, is subject to regulation under §
307(b) or 402 of the Clean Water Act;
(e) For the purposes of §A(16)(a) and (b) of
this regulation, effective dates are as follows:
(i) For K169-K172, February 8,
1999;
(ii) For K174 and K175, May
7, 2001;
(iii) For K176 and K177,
May 20, 2002; and
(iv) For K178,
May 1, 2008; and
(f) The
leachate or gas condensate is not regulated as a hazardous waste under §A-1 of
this regulation.
A-1. Leachate or Gas Condensate.
(1) Except as provided in §A-1(2) of this
regulation, the following are subject to regulation as hazardous waste:
(a) Leachate or gas condensate derived from
K169, K170, K171, or K172 that, after February 12, 2001, is stored or managed
in a surface impoundment before discharge; and
(b) Leachate or gas condensate derived from
K176, K177, or K178 that, after November 21, 2003, is stored or managed in a
surface impoundment before discharge.
(2) Notwithstanding the provisions of §A-1(1)
of this regulation, leachate or gas condensate derived from any of K169-K172
and K176-K178 continue to be exempt from management as hazardous waste even if
stored in a surface impoundment if:
(a) The
surface impoundment is temporarily used to store the leachate or gas condensate
in response to an emergency situation, such as the shutdown of a wastewater
treatment system;
(b) The surface
impoundment has a double liner; and
(c) The leachate or gas condensate is removed
from the surface impoundment after the emergency ends and is then managed in
compliance with §A-1(1) of this regulation.
B. For the purpose of §A(1) of this
regulation, "household waste" means any waste material (including garbage,
trash, and sanitary wastes in septic tanks) derived from households (including
single and multiple residences, hotels, motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day-use recreation
areas).
C. A resource recovery
facility managing municipal solid waste may not be considered to be treating,
storing, disposing of, or otherwise managing hazardous wastes for the purposes
of regulation under this subtitle, if the facility:
(1) Receives and burns only:
(a) Household waste from single and multiple
dwellings, hotels, motels, and other residential sources, and
(b) Solid waste from commercial or industrial
sources that does not contain hazardous waste; and
(2) Does not accept hazardous wastes and the
owner or operator of the facility has established contractual requirements or
other appropriate notification or inspection procedures to assure that
hazardous wastes are not received or burned in the facility.
D. For the purpose of disposal of
waste mixtures containing insignificant amounts of CHS which are not hazardous
wastes as defined by COMAR
26.13.02.03 o A(2), it is the
obligation of the waste generator to show that the concentration of the CHS is
such that the waste mixture can be disposed of in places other than a
facility.
E. For the purposes of
§A(7) of this regulation, beneficiation of ores and minerals is restricted to
the following activities:
(1)
Amalgamation;
(2)
Briquetting;
(3) Calcining to
remove water or carbon dioxide, or both;
(4) Crushing;
(5) Crystallization;
(6) Dissolution;
(7) Drying;
(8) Electrostatic separation;
(9) Electrowinning;
(10) Filtration;
(11) Flotation;
(12) Gravity concentration;
(13) Grinding;
(14) Heap, dump, vat, tank, and in situ
leaching;
(15) Ion
exchange;
(16) Magnetic
separation;
(17)
Pelletizing;
(18)
Precipitation;
(19) Roasting,
autoclaving, or chlorination, or all of these, in preparation for leaching,
except when the sequences of roasting, autoclaving, or chlorination, or all of
these, and leaching produces a final or intermediate product that does not
undergo further beneficiation or processing;
(20) Sintering;
(21) Sizing;
(22) Solvent extraction;
(23) Sorting; and
(24) Washing.
F. For the purposes of §A(7) of this
regulation, solid waste from the processing of ores and minerals includes only
the following wastes:
(1) Slag from primary
copper processing;
(2) Slag from
primary lead processing;
(3) Red
and brown muds from bauxite refining;
(4) Phosphogypsum from phosphoric acid
production;
(5) Slag from elemental
phosphorus production;
(6) Gasifier
ash from coal gasification;
(7)
Process wastewater from coal gasification;
(8) Calcium sulfate wastewater treatment
plant sludge from primary copper processing;
(9) Slag tailings from primary copper
processing;
(10) Fluorogypsum from
hydrofluoric acid production;
(11)
Process wastewater from hydrofluoric acid production;
(12) Air pollution control dust or sludge, or
both, from iron blast furnaces;
(13) Iron blast furnace slag;
(14) Treated residue from roasting/leaching
of chrome ore;
(15) Process
wastewater from primary magnesium processing by the anhydrous
process;
(16) Process wastewater
from phosphoric acid production;
(17) Basic oxygen furnace and open hearth
furnace air pollution control dust/sludge from carbon steel
production;
(18) Basic oxygen
furnace and open hearth furnace slag from carbon steel production;
(19) Chloride process waste solids from
titanium tetrachloride production; and
(20) Slag from primary zinc
processing.
Notes
Regulation .04-1 amended effective May 1, 2008 (35:8 Md. R. 809)
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