Md. Code Regs. 26.13.03.01 - Purpose, Scope, and Applicability
A. These regulations establish standards for
generators of hazardous waste, and include:
(1) Requirements that must be met in order
for a generator to qualify for exemptions from specified requirements of COMAR
26.13; and
(2) Requirements that a
generator must meet independently of those requirements that determine
eligibility for a conditional exemption, with these independent requirements
including:
(a) Hazardous waste determination
and record keeping requirements of Regulations .02, .02-1, and .02-2 of this
chapter;
(b) Determination of
applicability of requirements of this chapter based on amounts of hazardous
waste generated and amounts of hazardous waste accumulated, as specified in
§§A-1 and A-2 of this regulation;
(c) Requirements concerning EPA
identification numbers and renotification in Regulations .03-.03-2 of this
chapter;
(d) Manifest requirements
of Regulation .04 of this chapter;
(e) Pre-transport requirements of Regulation
.05 of this chapter;
(f) Record
keeping and reporting requirements of Regulation .06 of this chapter;
and
(g) Requirements of 40 CFR Part
262 Subpart H, concerning transboundary movements of hazardous waste for
recovery and disposal.
A-1. To determine the applicability of a
provision of this chapter that depends on the amount of hazardous waste
generated per calendar month, a person shall use the criteria of COMAR
26.13.02.05A(2) and
(3) in calculating the amount of hazardous
waste generated.
A-2. A person is
subject to the requirements of this chapter if the person meets any of the
following criteria:
(1) Generates 100
kilograms or more of hazardous waste in a calendar month;
(2) Accumulates, at any time, more than 100
kilograms of hazardous waste;
(3)
Generates in a calendar month or accumulates at any time more than 1 kilogram
of acute hazardous waste as specified in COMAR
26.13.02.05C(1),
C(2), C(6,) and C(7);
(4) Generates
in a calendar month or accumulates at any time:
(a) Any containers identified in COMAR
26.13.02.19C that
are larger than 20 liters in capacity;
(b) 10 kilograms or more of inner liners from
containers identified in COMAR
26.13.02.19C;
or
(c) 100 kilograms or more 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 COMAR 26.13.02.16-.19.
A-3. Requirements for Maryland-defined Small
Quantity Generators.
(1) A person who does
not meet any of the criteria in §A-2 of this regulation is referred to as a
"Maryland-defined small quantity generator".
(2) A Maryland-defined small quantity
generator is subject to the requirements of COMAR
26.13.02.05 rather than this
chapter, except:
(a) For the requirements of
Regulations .05-2 and .05-3 of this chapter, regarding episodic generation;
and
(b) As specified in COMAR
26.13.02.05;
(3) A person's eligibility to operate under
the requirements applicable to Maryland-defined small quantity generators under
COMAR 26.13.02.05 may be determined on a
month-to-month basis, based on the amounts of hazardous waste and acute
hazardous waste that:
(a) Are generated in a
given month; and
(b) Have been
accumulated on site at any time during that month.
(4) Renotification Requirements for
Maryland-defined Small Quantity Generators. Except as provided in Regulation
.03H of this chapter, a person in possession of an EPA identification number
issued under Regulation .03B of this chapter is not required to notify the
Department of a change in the person's generator status if the generator status
changes as a result of the person either newly qualifying as a Maryland-defined
small quantity generator or no longer qualifying as a Maryland-defined small
quantity generator. However, if the person expects the new status to remain
unchanged for an extended period, the person is encouraged to notify the
Department of the change in status by completing EPA Form 870012 with current
information and submitting the revised form to the Department.
B. A generator who treats, stores,
or disposes of hazardous wastes on-site shall comply with the following
sections of this chapter with regards to that waste:
(1) Requirements identified in §A(2) of this
regulation;
(2) If applicable,
Regulation .07-4 of this chapter for farmers;
(3) Regulations .03-3-.03-10 of this chapter,
concerning accumulation of hazardous waste; and
(4) Applicable requirements of §§C-J of this
regulation.
C. Any person
who imports foreign hazardous waste into the State shall comply with the
standards applicable to generators established in this chapter.
D. A farmer who generates waste pesticides
which are hazardous wastes and who complies with all of the requirements of
Regulation .07-4 of this chapter is not required to comply with other standards
in this chapter or COMAR 26.13.05, 26.13.06, 26.13.07, or 26.13.09 with respect
to these pesticides.
E. A person
who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the
compliance requirements and penalties prescribed in Environment Article, Title
7, Subtitle 2, Annotated Code of Maryland, if that person does not comply with
the requirements of this chapter.
F. An owner or operator who initiates a
shipment of hazardous waste from a treatment, storage, or disposal facility
shall comply with the generator standards established in this
chapter.
G. A generator of
hazardous waste who treats, stores, or disposes hazardous waste on-site shall
comply with the applicable standards and permit requirements of COMAR 26.13.05,
26.13.06, and 26.13.07, but may be exempted from certain of these requirements
under Regulation .03-4 of this chapter.
H. A generator subject to regulation under
this chapter shall also comply with the "Emergency Procedures" requirements of
COMAR 26.13.05.04G(4).
I. A generator subject to regulation under
this chapter shall follow the notification requirements of Section 3010 of RCRA
by complying with the requirements of Regulation .03A-C of this chapter, or, if
applicable, Regulation .03F of this chapter.
J. Persons responding to an explosives or
munitions emergency in accordance with the following are not required to comply
with the standards of this chapter:
(1) COMAR
26.13.07.01A;
and
(2) Any of the following:
(a) COMAR
26.13.05.01A(3)(h)(iv);
(b) COMAR
26.13.05.01D(5) and
(6);
(c) COMAR
26.13.06.01A(4)(h)(iv);
or
(d) COMAR
26.13.06.01A(5)(b) and
(c).
Notes
Regulations .01 amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .01B, D amended effective August 28, 1995 (22:17 Md. R. 1321)
Regulations .01E amended effective February 13, 1984 (11:3 Md. R. 202)
Regulations .01B amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .01H and I adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .01B-1 adopted effective November 1, 2002 (29:21 Md. R. 1647)
Regulations .01G adopted effective July 30, 1984 (11:15 Md. R. 1330); amended effective 48:9 Md. R. 359, eff.
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