Md. Code Regs. 26.13.05.01 - General
A. Purpose, Scope,
and Applicability.
(1) The purpose of this
regulation is to establish minimum State standards which define the acceptable
management of hazardous waste.
(2)
The standards in this chapter apply to:
(a)
Owners and operators of facilities which treat, store, or dispose of hazardous
waste;
(b) All treatment, storage,
or disposal of hazardous waste at active facilities or at inactive facilities,
except as specifically provided otherwise in this chapter, COMAR 26.13.02,
26.13.06, or 26.13.10;
(c) Inactive
disposal facilities when the Department determines that a substantial present
or potential hazard to human health or the environment exists;
(d) As specified in COMAR
26.13.10.30, the storage of
military munitions classified as a solid waste under COMAR
26.13.10.27B;
(e) The treatment and disposal of hazardous
waste military munitions; and
(f)
Owners or operators of all facilities that treat, store, or dispose of
hazardous wastes referred to in 40 CFR Part 268.
(3) The requirements of this chapter do not
apply to:
(a) A person disposing of hazardous
waste by means of ocean disposal subject to a permit issued under the Marine
Protection, Research, and Sanctuaries Act and complying with the following
regulations:
(i) Regulation .02B of this
chapter; and
(ii) Regulation .05B,
C, D(1) and (2)(a), and F and G of this chapter;
(b) The owner or operator of a facility
permitted, licensed, or registered by the State to manage municipal or
industrial solid waste, if the only hazardous waste the facility treats,
stores, or disposes of is excluded from regulation under this chapter by COMAR
26.13.02.05;
(c) The owner or operator of a facility
managing recyclable materials described in COMAR
26.13.02.06A(2) and
(3), except to the extent required in this
chapter or by COMAR 26.13.10;
(d) A
generator accumulating waste on-site in compliance with COMAR
26.13.03.03-3 -.03-10, except to
the extent that a provision in COMAR
26.13.03.03-3 - .03-10 requires
the generator to comply with the requirements in this chapter;
(e) A farmer disposing of waste pesticides
from his own use in compliance with COMAR
26.13.03.07-4;
(f) The owner or operator of a totally
enclosed treatment facility as defined in COMAR
26.13.01.03B(81);
(g) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit, subject to the following:
(i) For a wastewater treatment unit, the
exclusion from the requirements of this chapter does not apply with respect to
treatment of a hazardous waste from off-site, other than waste delivered to a
unit via sanitary sewer in accordance with the requirements of the Clean Water
Act;
(ii) The owner or operator
shall comply with the requirements of Regulation .02H of this chapter if the
owner or operator is using the unit to treat a characteristic hazardous waste
by dilution to remove the hazardous characteristic from the waste before land
disposal, and the waste is either an ignitable hazardous waste described in
§A(3)(g)(iii) of this regulation, or a reactive hazardous waste; and
(iii) The provisions of §A(3)(g)(ii) of this
regulation regarding ignitable hazardous waste apply to an ignitable waste
other than a waste in the D001 High TOC Subcategory defined in
40 CFR §
268.40;
(h) A person engaged in treatment or
containment activities during immediate response to any of the following
situations, except as provided in §D of this regulation:
(i) A discharge of a hazardous
waste;
(ii) An imminent and
substantial threat of a discharge of a hazardous waste;
(iii) A discharge of a material which, if
discharged, becomes a hazardous waste; or
(iv) An immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of conventional military munitions, other explosive material, or an
explosive device, as determined by an explosive or munitions emergency response
specialist as defined in COMAR
26.13.01.03B.
(i) The owner or
operator of a publicly owned treatment works (POTW) if the owner or operator:
(i) Has an NPDES permit;
(ii) Complies with the conditions of the
facility's NPDES permit; and
(iii)
Complies with Regulations .02B, .05B, C, D(1) and (2)(a), F, and G of this
chapter;
(j) The addition
of absorbent material to a waste container or the addition of waste to
absorbent in a container, if:
(i) The
combining of waste and absorbent occurs when waste is first placed in the
container;
(ii) Regulation .02H(2)
of this chapter, which concerns requirements for ignitable, reactive, or
incompatible waste, is complied with;
(iii) Regulation .09B of this chapter, which
concerns condition of containers, is complied with; and
(iv) Regulation .09C of this chapter, which
concerns compatibility of waste with containers, is complied with;
(k) Universal waste handlers and
universal waste transporters handling the following wastes:
(i) Batteries, as described in COMAR
26.13.10.07;
(ii) Pesticides, as described in COMAR
26.13.10.08; and
(iii) Lamps, mercury-containing equipment, or
PCB-containing lamp ballasts, each as described in COMAR
26.13.10.09;
or
(l) A person who
operates a device to crush mercury-containing lamps if the person who operates
the device is in compliance with the requirements of COMAR
26.13.10.15B(3).
B. Relationship to Interim Status Standards.
A facility owner or operator who has fully complied with the requirements for
interim status, as defined in § 3005(e) of RCRA and COMAR
26.13.07.23A,
shall comply with the regulations specified in COMAR 26.13.06 in place of the
regulations in this chapter, until final administrative disposition of the
owner or operator's permit application is made.
C. Imminent Hazard Action. Notwithstanding
any other provisions of these regulations, enforcement actions may be brought
under Environment Article, Title 7, Subtitle 2, Annotated Code of
Maryland.
D. Clarifications
Concerning Responses to Emergencies.
(1) The
owner or operator of a facility exempted under §A(3)(h) of this regulation but
otherwise subject to the requirements of this chapter shall comply with all
applicable requirements of Regulations .03 and .04 of this chapter.
(2) A person exempted from the requirements
of this chapter under §A(3)(h) of this regulation who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of this chapter and
COMAR 26.13.07 with respect to those activities.
(3) The exemptions of §A(3)(h)(i)- (iv) of
this regulation only apply to activities taken in response to a discharge, an
imminent and substantial threat of a discharge, or an explosives or munitions
emergency. After the immediate response activities are completed, the
applicable regulations of this chapter apply fully to the management of any
spill residue or debris that is a hazardous waste under COMAR
26.13.02.
(4) The Secretary may:
(a) Require a person to comply with the
requirements of this chapter even though the person is otherwise exempted from
complying with these requirements under §A(3)(h) of this regulation if the
Secretary determines that requiring compliance is necessary for the protection
of human health or the environment; and
(b) Consider the following in making the
determination under §D(4)(a) of this regulation that a treatment or containment
activity shall be subject to the requirements of this chapter:
(i) The volume of the waste or material that
is the subject of the treatment or containment activity;
(ii) The toxicity of the waste or material
that is the subject of the treatment or containment activity; or
(iii) The risks associated with the treatment
or containment activity.
(5) In the case of an explosives or munitions
emergency response, if a federal, State, tribal, or local official acting
within the scope of that individual's official responsibilities, or an
explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste:
(a) By transporters
who do not have EPA identification numbers;
(b) By transporters who have not been issued
a certificate under COMAR
26.13.04.01C and
F; and
(c) Without the preparation
of a manifest.
(6) In the
case of emergencies involving military munitions, the responding military
emergency response specialist's organizational unit shall retain records for 3
years identifying:
(a) The dates of the
response;
(b) The responsible
persons responding;
(c) The type
and description of material addressed; and
(d) The final disposition of the material
addressed in the emergency.
Notes
Regulations .01 amended effective January 18, 1982 (9:1 Md. R. 20)
Regulations .01 amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .01A, B, amended, effective February 13, 1984 (11:3 Md. R. 202)
Regulations .01A, amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulations .01C adopted effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .01A amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853)
Regulation .01C amended effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .01A amended effective August 28, 1995 (22:17 Md. R. 1321)
Regulation .01 amended effective September 10, 1997 (24:5 Md. R. 413)
Regulation .01A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809)
Regulation .01D amended effective May 1, 2008 (35:8 Md. R. 809); amended effective 48:9 Md. R. 359, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.