Md. Code Regs. 26.13.01.03-1

Current through Register Vol. 51, No. 8, April 19, 2024

Section 26.13.01.03-1 - General Provisions for Manifests

A. Manifest Copy Submission - Certain Interstate Waste Shipments. If the state in which a waste is generated or the state in which waste will be transported to a designated facility requires that the waste be regulated as a hazardous waste or otherwise tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the electronic manifest system a final copy of the manifest for data processing purposes; and

(4) Satisfy requirements established and enforced by the federal government to pay the appropriate per-manifest fee to EPA for each manifest submitted to the electronic manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements that are specified in 40 CFR Part 264, Subpart FF.

B. Applicability of E-manifest System and User Fee Requirements - Facilities Receiving State-Only Regulated Waste.

(1) For the purposes of this section, "state-only regulated waste" means a:

(a) Waste that is not regulated as hazardous under the federal RCRA Subtitle C regulatory program that a state regulates more broadly under its state regulatory program; or

(b) Waste that is regulated as hazardous under the federal RCRA Subtitle C regulatory program that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(2) If a state requires a manifest as defined in Regulation .03B of this chapter to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving the state-only regulated waste shall:

(a) Comply with the provisions of:

(i) COMAR 26.13.05.05B, regarding use of the manifest; and

(ii) COMAR 26.13.05.05C, regarding manifest discrepancies; and

(b) Satisfy requirements established and enforced by the federal government to pay the appropriate per-manifest fee to EPA for each manifest submitted to the electronic manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements that are specified in 40 CFR Part 264, Subpart FF.

Md. Code Regs. 26.13.01.03-1

Regulation .03-1 adopted effective 49:1 Md. R. 14, eff. 1/13/2022