Md. Code Regs. 26.13.05.01

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

Section 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.

Md. Code Regs. 26.13.05.01

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