Md. Code Regs. 26.13.02.05 - 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 and COMAR
26.13.03.01A-3,
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, 26.13.09, or 26.13.10 or to the
notification requirements of § 3010 of RCRA, provided the generator
complies with the requirements of §§B, D, E, and F of this
regulation.
(2) In determining
quantities under this chapter and COMAR 26.13.03, a generator shall include all
hazardous waste generated, except for hazardous waste that is:
(a) Exempt from regulation under Regulations
.04-2-.04-5, .06A-1(1), and .07A(1) of this chapter;
(b) Managed immediately upon generation only
in on-site elementary neutralization units, wastewater treatment units, or
totally enclosed treatment facilities as defined in COMAR
26.13.01.03B;
(c) Recycled, without prior storage or
accumulation, only in an on-site process subject to regulation under Regulation
.06C(2) of this chapter;
(d) Used
oil managed under the requirements of COMAR 26.10.15, 26.11.09, Regulation
.06A-1(3) of this chapter, and COMAR 26.13.10;
(e) Spent lead-acid batteries managed under
the requirements of COMAR
26.13.10.04;
(f) Universal waste managed under Regulation
.07-1 of this chapter and COMAR 26.13.10.06-.25; or
(g) Managed as part of an episodic generation
event in compliance with the requirements of COMAR
26.13.03.05-2 -
26.13.03.05-4.
(3) In determining the quantity of hazardous
waste generated, a generator need not include:
(a) Hazardous waste when it is removed from
on-site storage;
(b) Hazardous
waste produced by on-site treatment, including reclamation of the generator's
hazardous waste, if the hazardous waste that is treated has been counted once;
or
(c) Spent materials that are
generated, reclaimed, and subsequently reused on-site, if the spent materials
have been counted once.
B. Hazardous waste that is removed from the
site of generation and is accumulated for the purpose of thermal destruction or
is thermally destroyed in quantities greater than the minimum quantities
specified in §§A and C of this regulation may not be excluded from
the requirements of COMAR
26.13.05.16,
26.13.06.23, and
26.13.07.02, .02-6, and
.05.
C. If a person generates in a
calendar month or accumulates at any time any of the following hazardous wastes
in quantities greater than set forth, those wastes are subject to regulation
under COMAR 26.13.03-26.13.07 and 26.13.10:
(1) One kilogram of any commercial product or
manufacturing chemical intermediate having the generic name listed in
Regulation .19E or F of this chapter;
(2) One kilogram of any off-specification
commercial chemical product or manufacturing chemical intermediate which, if it
met specifications, would have the generic name listed in Regulation .19E or
F;
(3) Any containers identified in
Regulation .19C of this chapter that are larger than 20 liters in
capacity;
(4) 10 kilograms of inner
liners from containers identified under Regulation .19C of this
chapter;
(5) 100 kilograms of any
residue or contaminated soil, waste, or other debris resulting from the cleanup
of a spill, into or onto any land or water, of any acute hazardous waste listed
in Regulation .16, .17, .18, or .19 of this chapter;
(6) One kilogram of any of the following
wastes:
(a) F020, F021, F022, F023, F026, and
F027 as identified in Regulation .16 of this chapter, and
(b) K991, K992, K993, K994, K995, K996, K997,
K998, and K999 as identified in Regulation .17 of this chapter; or
(7) One kilogram of any
combination of wastes identified in §C(1), (2), and (6) of this
regulation.
D. In order
for hazardous waste to be excluded from regulation under this chapter, the
generator:
(1) Shall comply with COMAR
26.13.03.02-.02-2, which concern hazardous waste determination;
(2) Shall treat or dispose of the waste in an
on-site facility, or ensure delivery to an off-site treatment, storage, or
disposal facility, either of which, if located in the United States, is:
(a) Permitted by EPA under 40 CFR 270, or by
a state with a hazardous waste management program authorized under 40 CFR 271
;
(c) A facility that is:
(i) Permitted, licensed, or registered by a
state to manage municipal solid waste or nonmunicipal, nonhazardous solid
waste;
(ii) In compliance with the
requirements of 40 CFR 258 or equivalent state regulations, if the waste is
managed in a municipal solid waste landfill;
(iii) In compliance with the requirements of
40 CFR §§
257.5-
257.30 or equivalent state
regulations, if the waste is managed in a nonmunicipal, nonhazardous waste
disposal unit after January 1, 1998; and
(iv) Permitted to accept the waste;
(d) Permitted under COMAR
26.11.02.13 (air quality operating permit) and has a limited facility
permit;
(e) A generating station
that has been constructed by an electric company and that has a limited
facility permit;
(f) A facility
which:
(i) Beneficially uses or reuses, or
legitimately recycles or reclaims its waste, or
(ii) Treats its waste before beneficial use
or reuse, or legitimate recycling or reclamation;
(g) For universal waste managed under COMAR
26.13.10.06-.25, a universal waste handler or destination facility subject to
the requirements of COMAR 26.13.10.06-.25; or
(h) A facility that is under the control of
the same person as the generator, as described in COMAR
26.13.03.03-11B(1),
if the generator marks the generator's containers of hazardous waste in
accordance with the requirements of COMAR
26.13.03.03-10A(1) and
(2), and the facility is authorized to accept
the waste from the generator for consolidation under the provisions of:
(i) COMAR
26.13.03.03-11, if the facility is
located in Maryland; or
(ii)
40 CFR §
262.14(a)(5) (viii) or
analogous regulations of the destination state, as applicable, if the facility
to which the waste is being sent is not located in Maryland;
and
(3) May not
accumulate hazardous waste on-site if the generator accumulates at any time:
(a) Acute hazardous wastes in quantities
greater than those set forth in §C of this regulation, in which case,
those accumulated wastes are subject to regulation under COMAR
26.13.03-26.13.07 and 26.13.10 and the applicable notification requirements of
§ 3010 of RCRA, and the time period of COMAR
26.13.03.03-4C
for accumulation of wastes on-site begins when the accumulated wastes exceed
the applicable exclusion limit; or
(b) More than a total of 100 kilograms of any
hazardous waste not otherwise regulated under §D(3)(a) of this regulation,
in which case, those accumulated wastes are subject to regulation under COMAR
26.13.03-26.13.07 and 26.13.10 and the applicable notification requirements of
§ 3010 of RCRA, and the time period of COMAR
26.13.03.03-4C
for accumulation of wastes on-site begins for a generator when the initial
waste is generated.
E. Mixed Hazardous Wastes.
(1) Except as provided in §E(2),
hazardous waste subject to the reduced requirements of this chapter may be
mixed with non-hazardous waste and remain subject to these reduced requirements
even though the resultant mixture exceeds the quantity limitations identified
in this chapter, unless the mixture meets any of the characteristics of
hazardous waste identified in Regulations .10-.14 of this chapter.
(2) If a generator's hazardous waste is mixed
with used oil, the mixture is subject to regulation under applicable provisions
of COMAR 26.10.15, 26.11.09,
26.13.04.01D(4),
and 26.13.10.05, if it is destined to
be burned for energy recovery. Any material produced from such a mixture by
processing, blending, or other treatment is also so regulated if it is destined
to be burned for energy recovery.
F. Hazardous waste subject to the
requirements of COMAR 26.13.10.01 -.03 or
26.13.02.06B and
C is included in the quantity determination of this section and is subject to
the requirements of this regulation.
G. Fluorescent Lamps. A person that generates
waste fluorescent lamps that exhibit the toxicity characteristic of Regulation
.14 of this chapter shall comply with COMAR 26.13.10.26.
Notes
Regulations .05C amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .05A, B amended effective August 12, 1985 (12:16 Md. R. 1607)
Regulations .05, and G repealed effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .05B amended effective September 10, 1997 (24:5 Md. R. 413)
Regulation .05C amended effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .05A_F amended, and G repealed effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .05D amended effective May 24, 1993 (20:10 Md. R. 853); May 8, 1995 (22:9 Md. R. 648)
Regulation .05E amended effective September 7, 1998 (25:18 Md. R. 1438)
Regulation .05 amended effective November 1, 2002 (29:21 Md. R. 1647)
Regulation .05A amended effective January 1, 2007 (33:26 Md. R. 1999)
Regulation .05B amended effective September 11, 2006 (33:18 Md. R. 1507)
Regulation .05G adopted effective January 1, 2007 (33:26 Md. R. 1999); amended effective 48:9 Md. R. 359, eff.
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