Md. Code Regs. 26.13.02.16

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.02.16 - Hazardous Waste from Nonspecific Sources

A. As qualified by §§B and D of this regulation, the solid wastes listed in the "Hazardous Waste" column of Table 1 of this regulation are listed as hazardous wastes from nonspecific sources unless they are excluded under:

(1)40 CFR § 260.20 and 40 CFR § 260.22, listed in Appendix IX to 40 CFR Part 261, and referenced in Regulation .25 of this chapter;

(2) COMAR 26.13.01.04A and C and listed in Regulation .26 of this chapter; or

(3) §C or D of this regulation:

TABLE 1 - Hazardous Waste from Nonspecific Sources

Industry	EPA Hazardous Waste Number	Hazardous Waste	Hazard Code
Generic	F001	The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures or blends used in degreasing and containing, before use, a total of 10 percent or more, by volume of any of the above halogenated solvents or those solvents; and still bottoms from the recovery of these spent solvents and spent solvent mixtures	(T)
F002	The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, and trichlorofluoromethane, all spent solvent mixtures or blends containing, before use, a total of 10 percent or more, by volume, of any of the above halogenated solvents or those solvents listed in F001, F004, or F005 or any combination of those solvents; and still bottoms from the recovery of these spent solvents and spent solvent mixtures	(T)
F003	The following spent nonhalogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketene, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures or blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures or blends containing, before use, any of the above non-halogenated solvents, and a total of 10 percent or more, by volume of any of those solvents listed in F001, F002, F004, and F005 or any combination of those solvents; and still bottoms from the recovery of these spent solvents and spent solvent mixtures	(I)*
F004	The following spent non-halogenated solvents: cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures or blends containing, before use, a total of 10 percent or more, by volume, of any of the above non-halogenated solvents or those solvents listed in F001, F002, and F005 or any combination of those solvents; and still bottoms from the recovery of these spent solvents and spent solvent mixtures	(T)
F005	The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures or blends containing, before use, a total of 10 percent or more, by volume, of any of the above non-halogenated solvents or those solvents listed in F001, F002, or F004 or any combination of those solvents; and still bottoms from the recovery of these spent solvents and spent solvent mixtures	(I, T)
F006	Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum	(T)
F007	Spent cyanide plating bath solutions from electroplating operations	(R, T)
F008	Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process	(R, T)
F009	Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process	(R, T)
F010	Quenching baths residue from oil baths from metal heat treating operations where cyanides are used in the process	(R, T)
F011	Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations	(R, T)
F012	Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process	(T)
F014	Cyanidation wastewater treatment tailing pond sediment from mineral metals recovery operations	(T)
F015	Spent cyanide bath solutions from mineral metals recovery operations	(R ,T)
F019	Wastewater treatment sludges from the chemical conversion coating of aluminum except for wastewater treatment sludges from: (1) zirconium phosphating in aluminum can washing when this phosphating is an exclusive conversion coating process; or (2) the manufacturing of motor vehicles using a zinc phosphating process when the provisions of §D(1) of this regulation are met	(T)
F020	Wastes except wastewater and spent carbon from hydrogen chloride purification from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. This listing does not include wastes from the production of hexachlorophene from highly purified 2,4,5-trichlorophenol	(H)
F021	Wastes except wastewater and spent carbon from hydrogen chloride purification from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of pentachlorophenol, or of intermediates used to produce its derivatives	(H)
F022	Wastes except wastewater and spent carbon from hydrogen chloride purification from the manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tetra-, penta-, or hexachlorobenzenes under alkaline conditions	(H)
F023	Wastes except wastewater and spent carbon from hydrogen chloride purification from the production of materials on equipment previously used for the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tri- or tetrachlorophenols. This listing does not include wastes from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5-trichlorophenol	(T)
F024	Process wastes including, but not limited to, distillation residues, heavy ends, tars, and reactor cleanout wastes from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in this regulation or Regulation .17 of this chapter	(T)
F025	Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution	(T)
F026	Wastes except wastewater and spent carbon from hydrogen chloride purification from the production of materials on equipment previously used for the manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tetra-, penta-, or hexachlorobenzene under alkaline conditions	(H)
F027	Discarded unused formulations containing tri-, tetra-, or pentachlorophenol, or discarded unused formulations containing compounds derived from these chlorophenols. This listing does not include formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component	(H)
F028	Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027	(T)
F032	The following wastes from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations: wastewaters, except those that have not come into with process contaminants; process residuals; preservative drippage; and spent formulations from wood preserving processes. This listing does not include potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with §C of this regulation or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes under hazardous waste codes F034 or F035 of this section, and where the generator does not resume or initiate use of chlorophenolic formulations. This listing also does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both.	(T)
F034	Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing doe not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both.	(T)
F035	Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservative containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both.	(T)
F037	Petroleum refinery primary oil/water/solids separation sludge-As qualified by §B of this regulation, any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. These sludges include, but are not limited to, those generated in oil/water/solids separators, tanks and impoundments, ditches and other conveyances, sumps, and storm water units receiving dry weather flow. Sludge generated in storm water units that do not receive dry weather flow, sludges generated from noncontact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in §B of this regulation, including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treat units, and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under Regulation .04A(15) of this chapter if those residuals are to be disposed of.	(T)
F038	Petroleum refinery secondary (emulsified) oil/water/solids separation sludge - As qualified by §B of this regulation, any sludge or float, or both, generated from the physical or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. These wastes include, but are not limited to, all sludges and floats generated in induced air floation (IAF) units, tanks and impoundments, and all other sludges generated in dissolved air flotation (DAF) units. Sludges generated in storm water units that do not receive dry weather flow, sludges generated from noncontact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in §B of this regulation, including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatments, and F037, K048, and K051 wastes are not included in this listing
F039	Leachate, that is, liquids that have percolated through land-disposed wastes, resulting from the disposal of more than one waste that is both restricted from land disposal under 40 CFR Part 268 and classified as hazardous under Regulations .15-.19 of this chapter. Agency Note: Leachate resulting from the disposal of one or more of the following hazardous wastes and no other hazardous wastes retains its EPA hazardous waste number or numbers: F020, F021, F022, F023, F026, F027, and F028.	(T)

*(I,T) should be used to specify mixtures containing ignitable and toxic constituents.

B. Clarifications for Listing of Wastes from Nonspecific Sources - Hazardous Waste Numbers F037 and F038.

(1) For the purpose of the F037 and F038 listings in §A of this regulation, "oil/water/solids" means oil, water, or solids, or any combination of these.

(2) Aggressive Biological Treatment.

(a) For the purposes of the F037 and F038 listings, "aggressive biological treatment units" means units which employ one of the following four treatment methods:

(i) Activated sludge;

(ii) Trickling filter;

(iii) Rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or

(iv) High rate aeration.

(b) For the purposes of §B(2)(a) of this regulation, "high rate aeration" means a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes and enhance biological activity, in which the units employ a minimum of 6 horsepower per 1,000,000 gallons of treatment volume, and in which either the:

(i) Hydraulic retention time is not longer than 5 days; or

(ii) Hydraulic retention time is not longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic.

(3) Generators and treatment, storage, and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes. If seeking to exempt a sludge from listing as F037 and F038 waste, a person shall maintain, in an operating record or in other on-site records, documents, and data sufficient to prove that the:

(a) Unit is an aggressive biological treatment unit as defined in §B(2) of this regulation; and

(b) Sludges for which an exemption from the definitions of F037 or F038, or both, is being sought were actually generated in the aggressive biological treatment unit.

(4) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, when "deposition" means at least a temporary cessation of lateral particle movement.

(5) For the F038 listing:

(a) Sludges are considered to be generated at the moment of deposition in the unit, when "deposition" means at least a temporary cessation of lateral particle movement; and

(b) Floats are considered to be generated at the moment they are formed in the top of the unit.

C. Deletion of the F032 Hazardous Waste Code Following Equipment Cleaning and Replacement.

(1) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 in §A of this regulation once the generator has met all of the requirements of §C(3) of this regulation.

(2) The waste in §C(1) of this regulation, however, may still be regulated as hazardous waste for other reasons under the provisions of this chapter.

(3) A generator who seeks to have the F032 waste code deleted from a waste shall:

(a) Clean or replace all process equipment that may have come into contact with chlorophenolic formulations or their constituents, including, but not limited to:

(i) Treatment cylinders,

(ii) Sumps,

(iii) Tanks,

(iv) Piping systems,

(v) Drip pads,

(vi) Fork lifts, and

(vii) Trams;

(b) Clean or replace all process equipment described in §C(3)(a) of this regulation in a manner that minimizes or eliminates the release of hazardous waste, hazardous waste constituents or decomposition products, leachate, or contaminated drippage to the ground water, surface water, or atmosphere;

(c) Do one of the following:

(i) Prepare, sign, and follow an equipment cleaning plan that meets the requirements of §C(3)(d) of this regulation and clean equipment in accordance with this section,

(ii) Prepare, sign, and follow an equipment replacement plan that meets the requirements of §C(3)(h) of this regulation and replace equipment in accordance with this section, or

(iii) Document that equipment cleaning and replacement carried out after the termination of use of chlorophenolic preservatives, and before June 6, 1991, was performed in accordance with the requirements of this section;

(d) Ensure that an equipment cleaning plan prepared under §C(3)(c) of this regulation describes:

(i) What equipment will be cleaned,

(ii) How equipment will be cleaned,

(iii) What solvent will be used in cleaning,

(iv) How solvent rinses will be tested, and

(v) How cleaning residues will be disposed;

(e) Ensure that cleaning performed under §C(3)(c) of this regulation complies with the following requirements:

(i) All visible residues are removed from equipment, and

(ii) Equipment is rinsed with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse;

(f) Ensure that the following analytical requirements are met:

(i) Rinses are tested in accordance with SW-846, Method 8290, which is incorporated by reference in COMAR 26.13.01.05 o A(4), and

(ii) If a result is characterized as "not detected", it is at or below the lower method calibration limit (MCL) in SW-846, Method 8290, Table 1, which is incorporated by reference in COMAR 26.13.01.05 o A(4);

(g) Manage all residues from the cleaning process as F032 wastes;

(h) Ensure that an equipment replacement plan prepared under §C(3)(c) of this regulation describes:

(i) What equipment will be replaced,

(ii) How equipment will be replaced, and

(iii) How equipment will be disposed;

(i) Manage as F032 wastes equipment that is discarded as a result of compliance with §C(3)(c) of this regulation;

(j) Document that previous equipment cleaning and replacement was performed in accordance with this section and occurred after the cessation of use of chlorophenolic preservatives; and

(k) Maintain the following records documenting the equipment cleaning and replacement as part of the facility's operating record:

(i) The name and address of the facility,

(ii) A list of formulations previously used and the date on which their use was terminated in each process at the plant,

(iii) A list of formulations currently used in each process at the plant,

(iv) The equipment cleaning or replacement plan,

(v) The name and address of the persons who conducted the equipment cleaning and replacement,

(vi) The dates on which equipment cleaning and replacement were accomplished,

(vii) The dates of sampling and testing,

(viii) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples,

(ix) A description of the tests performed, the dates the tests were performed, and the results of the tests,

(x) The names and model numbers of instruments used in performing the tests,

(xi) Quality assurance/quality control (QA/QC) documentation, and

(xii) The following statement signed by the generator or his authorized representative: "I certify under penalty of law that all process equipment required to be cleaned or replaced under COMAR 26.13.02.16 o C was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."

D. Hazardous Waste Number F019 - Conditional Exemption and Record Keeping for Waste Generated in Manufacturing Motor Vehicles.

(1) Wastewater treatment sludges from the chemical conversion coating of aluminum are not considered Hazardous Waste Number F019 under §A of this regulation at the point of generation if:

(a) The sludges are derived from the use of a zinc phosphating process in the manufacturing of:

(i) Automobiles; or

(ii) Light trucks or utility vehicles, such as light duty vans, pickup trucks, minivans, and sport utility vehicles;

(b) The facility where the sludges are generated is engaged in manufacturing:

(i) Complete vehicles of either unibody construction or body and chassis construction; or

(ii) Vehicle chassis;

(c) The sludges are disposed off site in a landfill that is permitted, licensed or otherwise authorized to accept the waste;

(d) The landfill in which the sludges are disposed is either:

(i) A municipal or industrial solid waste landfill that is regulated under Subtitle D of RCRA or equivalent state authority, and is equipped with a single clay liner; or

(ii) A landfill that is subject to and meets the requirements of COMAR 26.04.07.07C(12), COMAR 26.04.07.19C(2), COMAR 26.13.05.14B, COMAR 26.13.06.22C, 40 CFR § 258.40, 40 CFR § 264.301, or 40 CFR § 265.301, or equivalent state requirements;

(e) The sludges are not placed outside on the land before shipment off site to a landfill for disposal.

(2) A person who generates sludge exempted from being regulated as Hazardous Waste Number F019 under §D(1) of this regulation shall maintain, on site:

(a) Documentation and information sufficient to prove that the requirements of §D(1)(a)-(e) of this regulation have been met, including:

(i) The volume of sludge generated and disposed off site;

(ii) Documentation showing when the waste volumes were generated and sent off site;

(iii) The name and address of the receiving facility; and

(iv) Documentation confirming receipt of the waste by the receiving facility; and

(b) The records required by §D(2)(a) of this regulation for at least 3 years, with the required retention period extended:

(i) Automatically during the course of any enforcement action; or

(ii) As required by the Secretary or the Regional Administrator of Region 3 of the EPA.

Md. Code Regs. 26.13.02.16

Regulations .16 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 .16 amended as an emergency provision effective January 13, 1987 (14:3 Md. R. 269); emergency status expired June 29, 1987; adopted permanently effective July 12, 1987 (14:14 Md. R. 1573)
Regulation .16 amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulations .16 amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .16 amended effective December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533); September 10, 1997 (24:5 Md. R. 413)
Regulation .16A amended effective May 1, 2008 (35:8 Md. R. 809); amended effective 43:1 Md. R. 13, eff.1/18/2016