Md. Code Regs. 26.13.03.01

Current through Register Vol. 51, No. 9, May 3, 2024

Section 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).

Md. Code Regs. 26.13.03.01

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)
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. 5/3/2021; amended effective 49:1 Md. R. 14, eff. 1/13/2022