Md. Code Regs. 26.13.02.04-1

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

Section 26.13.02.04-1 - Solid Wastes Which Are Not Hazardous Wastes

A. The following solid wastes are not hazardous wastes:

(1) Household waste, as defined in §B of this regulation, including household waste that has been collected, transported, stored, treated, disposed of, recovered (for example, refuse-derived fuel), or reused;

(2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:

(a) The growing and harvesting of agricultural crops,

(b) The raising of animals, including animal manures;

(3) Mining overburden returned to the mine site;

(4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;

(5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy;

(6) Contaminated soils and other solids recovered from spills or removed from old disposal sites containing PCB at concentrations of less than 50 ppm which shall be disposed of at approved sites only if they do not qualify as a hazardous waste under any other section of this regulation;

(7) Solid waste from the extraction, and beneficiation and processing of ores and minerals as specified in §§E and F of this regulation, including coal, phosphate rock, and overburden from the mining of uranium ore, except that the Secretary, on a case-by-case basis, may impose by Order those requirements of COMAR 26.13 determined by the Secretary to be necessary to protect human health and the environment;

(8) Cement kiln dust waste;

(9) Solid waste which consists of discarded arsenical-treated wood or wood products that, as a result of the wood treating process, fail the test for the toxicity characteristic for Hazardous Waste Codes D004-D017, and which is not a hazardous waste for any other reason if the waste is generated by persons who use the arsenical-treated wood and wood products for the material's intended end use;

(10) Chromium waste which meets one of the following criteria:

(a) Wastes which fail the test for the toxicity characteristic because chromium is present, or are listed in Regulations .15-.19 of this chapter due to the presence of chromium, which do not fail the test for the toxicity characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:

(i) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium,

(ii) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium, and

(iii) The waste is typically and frequently managed in non-oxidizing environments;

(b) Specific wastes which meet the standard in §A(10)(a) of this regulation, so long as they do not fail the test for the toxicity characteristic for any other constituent other than chromium, and do not exhibit any other characteristic of hazardous waste, are:

(i) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling,

(ii) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling,

(iii) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue,

(iv) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling,

(v) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no beamhouse, through-the-blue, and shearling,

(vi) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, and through-the-blue,

(vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries,

(viii) Wastewater treatment sludges from the production of TiO₂ pigment using chromium-bearing ores by the chloride process;

(11) Used oil which contains more than 1,000 parts per million total halogens if:

(a) The used oil:

(i) Has been demonstrated not to contain hazardous waste through the use of an analytical method, or some other means acceptable to the Secretary, to show, to the Secretary's satisfaction, that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Regulation .24 of this chapter,

(ii) Is a metalworking oil or metalworking fluid which contains chlorinated paraffins and is processed, through a tolling agreement, to reclaim metalworking oil or fluid, or

(iii) Is contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units and the CFCs are destined for reclamation; and

(b) The used oil is not regulated as hazardous for any other reason.

(12) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of Regulation .14 of this chapter (Hazardous Waste Codes D018 through D043 only) and are subject to the corrective action regulations under 40 CFR 280 ;

(13) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use;

(14) Non-terne-plated used oil filters from internal combustion engines, if:

(a) The filter has not been mixed with any waste that is listed in Regulations .15-.19 of this chapter;

(b) The filter has been drained by initiating the draining with the oil near operating temperature and conducting the draining in an environment warmer than 60°F;

(c) One of the following alternatives has been used in conjunction with draining as described in §A(14)(b) of this regulation to remove oil from the filter:

(i) Puncturing the filter anti-drain back valve or the filter dome end, and draining,

(ii) Draining, followed by crushing the filter,

(iii) Dismantling the filter and draining, or

(iv) Using an alternative technique in conjunction with draining which will remove oil from the filter at least as well as the techniques described in §A(14)(c)(i)-(iii) of this regulation; and

(d) In complying with §A(14)(c) of this regulation, the filter has been allowed to drain under the influence of gravity for at least 12 hours;

(15) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products; and

(16) Leachate or gas condensate collected from a landfill where certain solid wastes have been disposed if the following conditions are met:

(a) The solid wastes that have been disposed in the landfill would have met one or more of the listing descriptions of Regulation .17 of this chapter for EPA Hazardous Waste Numbers K169, K170, K171, K172, K174, K175, K176, K177, and K178 if the wastes had been generated after the effective dates of these waste listings as identified in §A(16)(e) of this regulation;

(b) The solid wastes identified in §A(16)(a) of this regulation were disposed in the landfill before the effective dates of the waste listings as identified in §A(16)(g) of this regulation;

(c) Neither the leachate nor the gas condensate:

(i) Exhibits any characteristic of hazardous waste identified in Regulations .10-.14 of this chapter; or

(ii) Is derived from any other listed hazardous waste;

(d) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a publicly owned treatment works (POTW) by truck, rail, or dedicated pipe, is subject to regulation under § 307(b) or 402 of the Clean Water Act;

(e) For the purposes of §A(16)(a) and (b) of this regulation, effective dates are as follows:

(i) For K169-K172, February 8, 1999;

(ii) For K174 and K175, May 7, 2001;

(iii) For K176 and K177, May 20, 2002; and

(iv) For K178, May 1, 2008; and

(f) The leachate or gas condensate is not regulated as a hazardous waste under §A-1 of this regulation.

A-1. Leachate or Gas Condensate.

(1) Except as provided in §A-1(2) of this regulation, the following are subject to regulation as hazardous waste:

(a) Leachate or gas condensate derived from K169, K170, K171, or K172 that, after February 12, 2001, is stored or managed in a surface impoundment before discharge; and

(b) Leachate or gas condensate derived from K176, K177, or K178 that, after November 21, 2003, is stored or managed in a surface impoundment before discharge.

(2) Notwithstanding the provisions of §A-1(1) of this regulation, leachate or gas condensate derived from any of K169-K172 and K176-K178 continue to be exempt from management as hazardous waste even if stored in a surface impoundment if:

(a) The surface impoundment is temporarily used to store the leachate or gas condensate in response to an emergency situation, such as the shutdown of a wastewater treatment system;

(b) The surface impoundment has a double liner; and

(c) The leachate or gas condensate is removed from the surface impoundment after the emergency ends and is then managed in compliance with §A-1(1) of this regulation.

B. For the purpose of §A(1) of this regulation, "household waste" means any waste material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

C. A resource recovery facility managing municipal solid waste may not be considered to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subtitle, if the facility:

(1) Receives and burns only:

(a) Household waste from single and multiple dwellings, hotels, motels, and other residential sources, and

(b) Solid waste from commercial or industrial sources that does not contain hazardous waste; and

(2) Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received or burned in the facility.

D. For the purpose of disposal of waste mixtures containing insignificant amounts of CHS which are not hazardous wastes as defined by COMAR 26.13.02.03 o A(2), it is the obligation of the waste generator to show that the concentration of the CHS is such that the waste mixture can be disposed of in places other than a facility.

E. For the purposes of §A(7) of this regulation, beneficiation of ores and minerals is restricted to the following activities:

(1) Amalgamation;

(2) Briquetting;

(3) Calcining to remove water or carbon dioxide, or both;

(4) Crushing;

(5) Crystallization;

(6) Dissolution;

(7) Drying;

(8) Electrostatic separation;

(9) Electrowinning;

(10) Filtration;

(11) Flotation;

(12) Gravity concentration;

(13) Grinding;

(14) Heap, dump, vat, tank, and in situ leaching;

(15) Ion exchange;

(16) Magnetic separation;

(17) Pelletizing;

(18) Precipitation;

(19) Roasting, autoclaving, or chlorination, or all of these, in preparation for leaching, except when the sequences of roasting, autoclaving, or chlorination, or all of these, and leaching produces a final or intermediate product that does not undergo further beneficiation or processing;

(20) Sintering;

(21) Sizing;

(22) Solvent extraction;

(23) Sorting; and

(24) Washing.

F. For the purposes of §A(7) of this regulation, solid waste from the processing of ores and minerals includes only the following wastes:

(1) Slag from primary copper processing;

(2) Slag from primary lead processing;

(3) Red and brown muds from bauxite refining;

(4) Phosphogypsum from phosphoric acid production;

(5) Slag from elemental phosphorus production;

(6) Gasifier ash from coal gasification;

(7) Process wastewater from coal gasification;

(8) Calcium sulfate wastewater treatment plant sludge from primary copper processing;

(9) Slag tailings from primary copper processing;

(10) Fluorogypsum from hydrofluoric acid production;

(11) Process wastewater from hydrofluoric acid production;

(12) Air pollution control dust or sludge, or both, from iron blast furnaces;

(13) Iron blast furnace slag;

(14) Treated residue from roasting/leaching of chrome ore;

(15) Process wastewater from primary magnesium processing by the anhydrous process;

(16) Process wastewater from phosphoric acid production;

(17) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;

(18) Basic oxygen furnace and open hearth furnace slag from carbon steel production;

(19) Chloride process waste solids from titanium tetrachloride production; and

(20) Slag from primary zinc processing.

Md. Code Regs. 26.13.02.04-1

Regulations .04-1 amended effective April 11, 1994 (21:7 Md. R. 533); September 7, 1998 (25:18 Md. R. 1438)
Regulation .04-1 amended effective May 1, 2008 (35:8 Md. R. 809)