Md. Code Regs. 26.13.02.01

Current through Register Vol. 51, No. 10, May 17, 2024

Section 26.13.02.01 - Purpose and Scope

A. This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under COMAR 26.13.03-26.13.10.

B. In this chapter:

(1) Regulations .01-.07 define the terms "solid waste" and "hazardous waste", identify those wastes which are excluded from regulation under COMAR 26.13.03-26.13.07 and 26.13.10 and establish special management requirements for hazardous waste produced by small quantity generators and hazardous waste which is used, re-used, recycled, or reclaimed.

(2) Regulations .08 and .09 set forth the criteria used by the Department to identify characteristics of hazardous waste and to list particular hazardous wastes.

(3) Regulations .10-.14 identify characteristics of hazardous waste.

(4) Regulations .15-.19 list particular hazardous wastes.

C. General.

(1) The definition of solid waste contained in this chapter applies only to wastes that also are hazardous for purposes of this subtitle. For example, it does not apply to materials such as nonhazardous scrap, paper, textiles, or rubber that are not otherwise hazardous wastes and that are recycled.

(2) This chapter identifies only some of the materials which are solid wastes and hazardous wastes under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland.

D. Definitions. For the purposes of Regulations .02, .04, and .06 of this chapter, the following terms have the meanings indicated:

(1) By-Product.

(a) "By-product" means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process, such as slags, distillation column bottoms, or other process residues.

(b) "By-product" does not include a co-product that is produced for the general public's use and is ordinarily used in the form produced by the process.

(2) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(3) "Home scrap metal" means scrap metal as generated by steel mills, foundries, and refineries, and includes, for example, turnings, cuttings, punchings, and borings.

(4) Material Accumulated Speculatively.

(a) "Material accumulated speculatively" means a material that is accumulated before being recycled.

(b) "Material accumulated speculatively" does not include a material for which the person accumulating the material can show that the material is potentially recyclable and has a feasible means of being recycled, and that during the calendar year which commences on January 1, the amount of material that is recycled or transferred to a different site for recycling equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period, subject to the following:

(i) The person shall have placed the material in a storage unit that has a label indicating the first date that the material began to be accumulated, or, if placing a label on the storage unit is not practicable, the person shall have documented the accumulation period through an inventory log or other appropriate method;

(ii) In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type, such as slags from a single smelting process, that is recycled in the same way, such as by recovering the same material from the recyclable material, or by using the material in the same way;

(iii) Materials accumulating in units that would be exempt from regulation under Regulation .04-2 of this chapter are not to be included in making the calculation;

(iv) Materials that are already defined as solid wastes are not to be included in making the calculation; and

(v) A material is no longer in the category of material being accumulated speculatively once it has been removed from accumulation for recycling.

(5) Processed Scrap Metal.

(a) "Processed scrap metal" means scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials.

(b) "Processed scrap metal" includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type, and fines, drosses, and related materials which have been agglomerated.

(c) "Processed scrap metal" does not include shredded circuit boards being sent for recycling, which are excluded from the definition of solid waste under Regulation .04A(12) of this chapter.

(6) Prompt Scrap Metal.

(a) "Prompt scrap metal", also known as "industrial scrap metal" or "new scrap metal", means scrap metal as generated by the metal working or metal fabrication industries.

(b) "Prompt scrap metal" includes scrap metal such as turnings, cuttings, punchings, and borings.

(7) Reclaimed Material.

(a) "Reclaimed material" means material that is processed to recover a usable product or is regenerated.

(b) "Reclaimed material" includes, for example, recovery of lead values from spent batteries and regeneration of spent solvents.

(8) "Recycled material" means material that is used, reused, or reclaimed.

(9) "Reused or used material" means a material that is employed in either one of the following:

(a) As an ingredient including use as an intermediate, in an industrial process to make a product, such as distillation bottoms from one process used as feedstock in another process, except that a material does not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary materials; or

(b) In a particular function or application as an effective substitute for a commercial product such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment.

(10) "Scrap metal" means bits and pieces of metal parts such as bars, turnings, rods, sheets, or wire or metal pieces that may be combined together with bolts or soldering such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous can be recycled.

(11) "Sludge" has the meaning stated in COMAR 26.13.01.03B(72).

(12) "Spent material" means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

Md. Code Regs. 26.13.02.01

Regulations .01 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .01C amended effective December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853)
Regulation .01C amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); amended effective 49:1 Md. R. 14, eff. 1/13/2022