Md. Code Regs. 26.13.03.01-1

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

Section 26.13.03.01-1 - Federally-defined Hazardous Waste Generator Categories - Applicability in Maryland

A. Federal hazardous waste regulations in 40 CFR Parts 260- 270 define and use the terms "very small quantity generator", "small quantity generator", and "large quantity generator". This regulation:

(1) Restates the definitions of the federally-defined hazardous waste generator categories;

(2) Identifies certain requirements for which the applicability of the requirements to a Maryland generator of hazardous waste depends on the generator's federally-defined hazardous waste generator category; and

(3) Identifies certain reduced requirements that a Maryland generator of hazardous waste may take advantage of if the generator meets the federal definition of a small quantity generator.

B. Federal Categories for Hazardous Waste Generators. Under federal regulations at 40 CFR § 260.10, a:

(1) "Very small quantity generator" is a generator who generates less than or equal to the following amounts in a calendar month:

(a) 100 kilograms (220 lbs) of nonacute hazardous waste;

(b) 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33(e); and

(c) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33(e);

(2) "Small quantity generator" is a generator who generates that following amounts in a calendar month:

(a) Greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste;

(b) Less than or equal to 1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33(e); and

(c) Less than or equal to 100 kilograms (220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33(e);

(3) "Large quantity generator" is a generator who generates any of the following amounts in a calendar month:

(a) Greater than or equal to 1,000 kilograms (2200 pounds) of non-acute hazardous waste;

(b) Greater than 1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33(e) of this chapter; or

(c) Greater than 100 kilograms (220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33(e).

C. A Maryland generator of hazardous waste shall:

(1) Determine the applicable generator category under federal regulations using the procedures in 40 CFR § 262.13, except that the generator shall:

(a) Use the provisions of COMAR 26.13.02.05A(2) instead of the provisions of 40 CFR § 262.13(c) in identifying waste that should not be counted in determining the federal generator category;

(b) Exclude from the quantity of waste that determines the generator's federal generator category any hazardous waste that is regulated as a hazardous waste under Maryland regulations but not federal regulations; and

(c) Use the provisions of COMAR 26.13.02.05A(3)instead of the provisions of 40 CFR § 262.13(d) in identifying the quantity of hazardous waste generated in a calendar month.

(2) Use the federal generator category determined under §C(1) of this regulation for the purposes of:

(a) Completing forms associated with:

(i) Obtaining an EPA identification number under Regulation .03 of this chapter;

(ii) Satisfying the renotification requirement of Regulation .03-1 of this chapter; and

(iii) Reactivating an EPA identification number under Regulation .03-2 of this chapter;

(b) Completing forms associated with the biennial report of hazardous waste activity required by Regulation .06B of this chapter; and

(c) Determining eligibility for exemptions from certain requirements that are available to persons who qualify as a small quantity generator under federal regulations, as specified in §D of this regulation.

D. Exemptions from Certain Requirements Based on a Generator's Federal Generator Category. A generator who qualifies as a small quantity generator under federal regulations, and who does not accept hazardous waste from off site for consolidation under the provisions of Regulation .03-11 of this chapter, is not required to comply with:

(1) The requirement of Regulation .03-5D(1) of this chapter and COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan;

(2) The requirement of Regulation .03-5E of this chapter to prepare and distribute a quick reference guide to the facility contingency plan;

(3) The requirement of Regulation .03-6G(1) of this chapter that containers holding ignitable or reactive waste are to be located at least 15 meters (50 feet) from the facility property line;

(4) The requirements of Regulations .03-6J and .03-7B(1)(d) of this chapter to comply with air emissions standards in 40 CFR Part 265 Subparts AA, BB, and CC; and

(5) The closure notification requirements of regulation .05-2B of this chapter.

Md. Code Regs. 26.13.03.01-1

Regulations .01-1 adopted effective 48:9 Md. R. 359, eff. 5/3/2021