Md. Code Regs. 26.13.02.04-4 - Treatability Study Samples
A.
Except as provided in §§B and F 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
26.13.03.03-4C(3)
when one of the following conditions is met:
(1) The sample is being collected and
prepared for transportation by the generator or sample collector;
(2) The sample is being accumulated or stored
by the generator or sample collector prior to transportation to a laboratory or
testing facility; or
(3) The sample
is being transported to the laboratory or testing facility for the purpose of
conducting a treatability study.
B. The exemption in §A of this regulation is
applicable to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies, provided that all of the following
conditions are met:
(1) For each process
being evaluated for each generated waste stream, the generator or sample
collector uses, in treatability studies, no more than:
(a) 10,000 kilograms of media contaminated
with nonacute hazardous waste;
(b)
1,000 kilograms of nonacute hazardous waste, other than contaminated
media;
(c) 100 kilograms of any
waste that is:
(i) Identified in this chapter
as an acute hazardous waste by having been assigned a hazard code of (H) in
accordance with regulations .09 and .15B of this chapter; and
(ii) Not identified as an acute hazardous
waste in 40 CFR Part 261 ;
(d) 1 kilogram of acute hazardous waste that does not
meet the criteria of §B(1)(c) of this regulation; or
(e) 2,500 kilograms of media contaminated with acute
hazardous waste;
(2) The
mass of each sample shipment:
(a) Does not
exceed 10,000 kilograms; and
(b)
May consist entirely of media contaminated with nonacute hazardous waste, or
may include, in addition to media contaminated with nonacute hazardous waste,
up to:
(i) 2,500 kilograms of media
contaminated with acute hazardous waste;
(ii) 1,000 kilograms of hazardous waste other
than contaminated media;
(iii) 1
kilogram of acute hazardous waste that is not contaminated media and does not
meet the criteria of §B(1)(c) of this regulation; and
(iv) 100 kilograms of acute hazardous waste
that meets the criteria of §B(1)(c) of this regulation and is not contaminated
media;
(3) The
sample is packaged so that it does not leak, spill, or vaporize from its
packaging during shipment;
(4) The
transportation of each sample shipment complies with U. S. Department of
Transportation (DOT), U. S. Postal Service (USPS), or any other applicable
shipping requirements, or if the DOT, USPS, or other shipping requirements do
not apply to the shipment of the sample, with the requirements of §B(5) of this
regulation;
(5) If the DOT, USPS,
or other shipping requirements do not apply to the shipment of the sample, all
of the following information accompanies the sample:
(a) The name, mailing address, and telephone
number of the originator of the sample;
(b) The name, address, and telephone number
of the facility that will perform the treatability study;
(c) The quantity of the sample;
(d) The date of shipment; and
(e) A description of the sample, including
its EPA or State hazardous waste number;
(6) The sample is shipped to a laboratory or
testing facility which is exempt under Regulation .04-5 of this chapter or
which has an appropriate CHS facility permit, RCRA permit, or interim
status;
(7) The generator or sample
collector maintains all of the following records for a period ending 3 years
after completion of the treatability study:
(a) Copies of the shipping
documents;
(b) A copy of the
contract with the facility conducting the treatability study;
(c) Documentation showing the amount of waste
shipped under this exemption;
(d)
Documentation showing the name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
(e) Documentation showing the date the
shipment was made; and
(f)
Documentation showing whether or not unused samples and residues were returned
to the generator; and
(8)
The generator includes the information required under §B(7)(c)-(f) of this
regulation with its annual or biennial report submitted under COMAR
26.13.03.06B.
C. Allowance for
Additional Quantities.
(1) Quantities and
Bases for Requests.
(a) The Secretary may
grant requests on a case-by-case basis for quantity limits in excess of those
specified in §B(1) and (2) of this regulation and Regulation .04-5A(4) of this
chapter for up to an additional 500 kilograms of nonacute hazardous waste,
5,000 kilograms of media contaminated with nonacute hazardous waste, 1 kilogram
of acute hazardous waste that does not meet the criteria of §B(1)(c) of this
regulation, 100 kilograms of acute hazardous waste that meets the criteria of
§B(1)(c) of this regulation, and 2,500 kilograms of media contaminated with
acute hazardous waste, to conduct further treatability study evaluation in
response to requests for authorization to ship, store, and conduct treatability
studies on additional quantities.
(b) In advance of the commencement of
treatability studies, the Secretary may grant requests for larger quantity
limits under §C(1)(a) of this regulation based on consideration of the
following factors:
(i) The nature of the
technology;
(ii) The type of
process, for example, batch versus continuous;
(iii) The size of the unit undergoing
testing, particularly in relation to scale-up considerations;
(iv) The time or quantity of material
required to reach steady-state operating conditions; or
(v) Test design considerations, such as mass
balance calculations.
(c)
After initiation or completion of initial treatability studies, the Secretary
may grant requests for larger quantity limits under §C(1)(a) of this regulation
if:
(i) There has been an equipment or
mechanical failure during the conduct of a treatability study;
(ii) There is a need to verify the results of
a previously conducted treatability study;
(iii) There is a need to study and analyze
alternative techniques within a previously evaluated treatment process;
or
(iv) There is a need to do
further evaluation of an ongoing treatability study to determine final
specifications for treatment.
(2) The additional quantities allowed under
§C(1) of this regulation are subject to all the provisions of §§A and B of this
regulation, except for §B(1) and (2) of this regulation.
(3) In order to be granted an allowance for
additional quantities, the generator or sample collector shall apply to the
Secretary and provide in writing all of the following information:
(a) The reason why the generator or sample
collector requires an additional quantity of sample for the treatability study
evaluation and the additional quantity needed;
(b) Documentation accounting for all samples
of hazardous waste from the waste stream which have been sent for or undergone
treatability studies, including the date each previous sample from the waste
stream was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability study processes
were conducted on each sample shipped, and the available results of each
treatability study;
(c) A
description of the technical modifications or changes in specifications which
will be evaluated and the expected results;
(d) If the request for permission to exceed
the quantity limits of §B(1) of this regulation is being made due to equipment
or mechanical failure, information regarding the reason for the failure or
breakdown, and also a description of the modifications to procedures or
improvements to equipment that have been made to protect against further
breakdowns; and
(e) Other
information the Secretary considers necessary.
D. Allowance for Additional Time.
(1) For a treatability study involving
bioremediation, the Secretary may grant requests on a case-by-case basis for an
extension of the deadline for completing the treatability study under
Regulation .04-5A(5) of this chapter.
(2) The Secretary may grant an extension of
up to 2 years under §D(1) of this regulation.
(3) A person shall manage samples that are
being used in a treatability study for which the completion deadline has been
extended in accordance with all of the requirements of §A of this regulation
and §B(3)-(8) of this regulation.
(4) A person seeking an extension of time
under §D(1)-(2) of this regulation shall:
(a)
Make a written request for the extension to the Secretary; and
(b) Provide, as part of the written request
for the extension:
(i) The reason why the
person requires additional time for the completion of the treatability
study;
(ii) The information listed
in §C(3)(b) and (c) of this regulation;
(iii) If the request for the extension is
being made due to equipment or mechanical failure, information regarding the
reason for the failure or breakdown, and also a description of the
modifications to procedures or improvements to equipment that have been made to
protect against further breakdowns; and
(iv) Other information the Secretary
considers necessary.
E. Return of Samples and Residues from
Treatability Studies.
(1) Subject to §E(3) of
this regulation, a person who has generated or collected a sample for the
purpose of conducting a treatability study may receive shipments of the
following from the laboratory or testing facility that conducted the
treatability study:
(a) Unused portions of
the sample; and
(b) Residues
generated in conducting the treatability study on the sample.
(2) Until they are accepted by the
sample generator or collector to whom they are being sent, the materials
identified in §E(1)of this regulation:
(a)
Are not subject to:
(ii) The notification
requirements of § 3010 of RCRA; and
(b) Are not included in the quantity
determinations of Regulation .05 of this chapter and COMAR
26.13.03.03-4C(3).
(3) A person managing the materials
identified in §E(1) of this regulation shall assure that the materials are
managed in accordance with the following requirements until the materials are
accepted by the sample generator or collector to whom they are being sent:
(a) For unused portions of samples that are
being returned, the person shall comply with the requirements of §B(3)-(5) of
this regulation, which concern packaging, shipping requirements, and
information required to accompany shipments;
(b) For residues generated in conducting
treatability studies, the person shall comply with the requirements of
§B(3)-(5) of this regulation, except that where the word "sample" appears in
§B(3)-(5) of this regulation, the person shall substitute "treatability study
residue"; and
(c) A laboratory or
testing facility that sends a shipment of treatment residues to a sample
generator or collector as provided for in §E(1) of this regulation shall
maintain the following records for a period ending 3 years after completion of
the treatability study that generated the residues:
(i) Copies of the shipping documents required
by §E(3)(a) and (b) of this regulation;
(ii) Documentation showing the amount of
treatment residues shipped;
(iii)
Documentation showing the name and address of the sample generator or collector
to whom the shipment was sent; and
(iv) Documentation showing the date the
shipment was made.
(4) Once the sample generator or collector
accepts the materials identified in §E(1) of this regulation, the sample
generator or collector shall:
(a) Determine
whether those materials meet the definition of hazardous waste under Regulation
.03 of this chapter; and
F. In order to qualify for the exemption in
§A(1) of this regulation, the mass of a sample that will be exported to a
foreign laboratory or testing facility or that will be imported to a U.S.
laboratory or testing facility from a foreign source may not exceed 25
kilograms.
Notes
Regulation .04-4B amended effective May 5, 1997 (24:9 Md. R. 659)
Regulation .04-4 amended effective May 1, 2008 (35:8 Md. R. 809); amended effective 48:9 Md. R. 359, eff.
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