Md. Code Regs. 26.13.02.09 - 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 than 50 milligrams per
kilogram, an inhalation LC50 toxicity (rat) of less than
2 milligrams per liter, or a dermal LD50 toxicity
(rabbit) of less than 200 milligrams per kilogram or is otherwise capable of
causing or significantly contributing to an increase in serious irreversible,
or incapacitating reversible, illness. Waste listed in accordance with these
criteria will be designated Acute Hazardous Waste.
(3) It contains any of the toxic constituents
listed in Regulation .24 of this chapter and, after considering the following
factors, the Secretary concludes that the waste is capable of posing a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed:
(a) The nature of the toxicity presented by
the constituent.
(b) The
concentration of the constituent in the waste.
(c) The potential of the constituent or any
toxic degradation product of the constituent to migrate from the waste into the
environment under the types of improper management considered in §A(3)(g),
of this regulation.
(d) The
persistence of the constituent or any toxic degradation product of the
constituent.
(e) The potential for
the constituent or any toxic degradation product of the constituent to degrade
into non-harmful constituents and the rate of degradation.
(f) The degree to which the constituent or
any degradation product of the constituent bioaccumulates in
ecosystems.
(g) The plausible types
of improper management to which the waste could be subjected.
(h) The quantities of the waste generated at
individual generation sites or on a regional or national basis.
(i) The nature and severity of the human
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent.
(j) Actions taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituents.
(k) Such other factors as may be
appropriate.
B. Substances will be listed in Regulation
.24 of this chapter, only if they have been shown in scientific studies to have
toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life
forms. Wastes listed in accordance with these criteria will be designated Toxic
Wastes.
C. The Secretary may list
classes or types of solid waste as hazardous waste if he has reason to believe
that individual wastes, within the class or type of waste, typically or
frequently are hazardous under the definition of hazardous waste found in COMAR
26.13.02.
D. The Secretary will use
the criteria for listing specified in this subsection to establish the
exclusion limits referred to in Regulation .05C of this chapter.
Notes
Regulation .09A amended effective April 11, 1994 (21:7 Md. R. 533)
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