Md. Code Regs. 26.13.02.04

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

Section 26.13.02.04 - Materials Which Are Not Solid Wastes

A. The following materials are not solid wastes for the purpose of this chapter:

(1) Domestic sewage, as defined in §B of this regulation,that passes through a sewer system to a publicly owned treatment work for treatment;

(2) Industrial wastewater discharges that are point source discharges permitted pursuant to § 402 of the Clean Water Act, as amended, or permitted pursuant to Environment Article, §§ 9-324 -9-332, Annotated Code of Maryland;

(3) Irrigation return flows;

(4) Materials subjected to in situ mining techniques which are not removed from the ground as part of the extraction process;

(5) Black liquor or other pulping liquors that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is a material accumulated speculatively as defined in Regulation .01D of this chapter;

(6) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is a material accumulated speculatively as defined in Regulation .01D of this chapter;

(7) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process if:

(a) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

(b) Reclamation does not involve controlled flame combustion, such as occurs in boilers, industrial furnaces, or incinerators;

(c) The secondary materials are never accumulated in the tanks for over 12 months without being reclaimed; and

(d) The reclaimed material is neither used to produce a fuel, nor used to produce products that are used in a manner constituting disposal;

(8) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic (TC) specified in Regulation .14 of this chapter if:

(a) Subsequent to generation, these materials are recycled to coke ovens or to the tar recovery process as a feedstock to produce coal tar, or are mixed with coal tar before the tar's sale or refining; and

(b) There is no land disposal of the wastes from the point at which they are generated to the point at which they are mixed with coal tar, or the point at which they are recycled to coke ovens, tar recovery processes, or tar refining processes;

(9) The following wastes from wood preserving, as qualified by §C of this regulation:

(a) Spent wood-preserving solutions that have been reclaimed and are reused for their original intended purpose;

(b) Wastewaters from the wood-preserving process that have been reclaimed and are reused to treat wood; and

(c) Before reuse, the wood-preserving wastewaters and spent wood-preserving solutions described in §A(9)(a) and (b) of this regulation if they meet all of the following conditions:

(i) The wood-preserving wastewaters and spent wood-preserving solutions are generated from processes that use waterborne preservatives;

(ii) The wood-preserving wastewaters and spent wood-preserving solutions are reused on-site in the production process for their originally intended purpose at plants using waterborne preservatives in the production process;

(iii) Before reuse, the wastewaters and spent wood-preserving solutions are managed to prevent release to land and ground water;

(iv) Any unit used to manage wastewaters or spent wood-preserving solutions or both before reuse can be evaluated visually or by other means to verify that the unit is capable of containing and preventing these materials from being released to the environment;

(v) Any drip pad used to manage the wastewaters, spent wood-preserving solutions, or both before reuse is in compliance with the standards of COMAR 26.13.06.26, regardless of whether the plant generates a total of less than 100 kilograms per month of hazardous waste;

(vi) Before operating under the exclusion provided by §A(9)(c) of this regulation, the plant owner or operator submits a one-time notification to the Secretary stating that the plant intends to claim the exclusion and giving the date on which the plant intends to begin operating under the exclusion;

(vii) The plant owner or operator includes, in the notification required by §A(9)(c)(vi) of this regulation, the following statement: "I have read the applicable regulation establishing an exclusion for wood-preserving wastewaters and spent wood-preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation."; and

(viii) The plant maintains a copy of the notification required by §A(9)(c)(vi) of this regulation in its on-site records for a period of not less than 3 years from the date specified in the notification;

(10) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if this material is:

(a) Shipped in drums if it is shipped; and

(b) Not land-disposed before recovery;

(11) Excluded scrap metal being recycled, including the following as defined and qualified in Regulation .01D of this chapter:

(a) Processed scrap metal;

(b) Unprocessed home scrap metal; and

(c) Unprocessed prompt scrap metal;

(12) Shredded circuit boards being recycled if they are:

(a) Stored in containers sufficient to prevent a release to the environment before recovery; and

(b) Free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries;

(13) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic acid or naphthenic acid if the spent caustic solutions are not:

(a) Placed on the land; or

(b) Material accumulated speculatively as defined in Regulation .01D of this chapter;

(14) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR § 63.446(e) if the condensates are combusted at the mill at which the condensates are generated;

(15) Oil-bearing hazardous secondary materials, that is, sludges, byproducts, or spent materials, that are generated at a petroleum refinery (SIC code 2911), when:

(a) The secondary materials are inserted into the petroleum refining process (SIC code 2911), including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units, that is, "cokers";

(b) The material, before it is inserted into the petroleum refining process:

(i) Is not placed on the land; and

(ii) Is not a material accumulated speculatively as defined in Regulation .01D of this chapter;

(c) If the material is inserted into a thermal cracking unit, the coke product does not exhibit a characteristic of hazardous waste defined in Regulations .10-.14 of this chapter; and

(d) The oil-bearing secondary hazardous material is either:

(i) Inserted into the same petroleum refinery where it is generated; or

(ii) Sent directly to another petroleum refinery;

(e) Except as provided in §A(16) of this regulation, the oil-bearing hazardous secondary material was not generated elsewhere in the petroleum industry, that is, from a source other than a petroleum refinery; and

(f) Residuals generated from recycling or processing oil-bearing hazardous secondary materials excluded under this provision that, as generated, would have otherwise met a listing under Regulations .15-.19 of this chapter are designated as listed wastes with EPA hazardous waste number F037 if disposed of or intended for disposal;

(16) Recovered oil that is recycled by being inserted into the petroleum refining process, as described in §A(15) of this regulation, subject to the following:

(a) For the purposes of this section, "recovered oil" means oil that has been reclaimed from wastewater or other secondary materials generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident to these activities (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172);

(b) For the purposes of this section, "recovered oil" does not mean:

(i) Oil-bearing hazardous wastes listed in Regulations .16-.19 of this chapter, except that oil recovered from these wastes may be considered recovered oil; or

(ii) Used oil as defined in COMAR 26.13.01.03B; and

(c) The conditions of §A(15)(b), (c), and (f) of this regulation are met;

(17) Petrochemical recovered oil from an associated organic chemical manufacturing facility that is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refining process streams, subject to the following:

(a) For the purposes of this section, "associated organic chemical manufacturing facility" means a facility:

(i) Where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865;

(ii) That is physically co-located with a petroleum refinery; and

(iii) That receives hydrocarbon feedstocks from the refinery to which the recovered oil is being sent for recycling;

(b) For the purposes of this section, "petrochemical recovered oil" means oil that has been:

(i) Reclaimed from secondary materials, that is, sludges, byproducts, or spent materials, including wastewater, from normal organic chemical manufacturing operations; or

(ii) Recovered from organic chemical manufacturing processes;

(c) The oil would otherwise be regulated as a hazardous waste only because it exhibits the characteristic of ignitability of Regulation .11 of this chapter, the toxicity characteristic for benzene as defined in Regulation .14 of this chapter, or both; and

(d) Before the oil generated by the organic chemical manufacturing facility is recycled into the petroleum refining process, it is not:

(i) Placed on the land; or

(ii) A material accumulated speculatively as defined in Regulation .01D of this chapter; and

(18) A used cathode ray tube (CRT) under the following conditions:

(a) A used, intact CRT, as defined in COMAR 26.13.01.03B, that is within the United States that:

(i) Has not been disposed; and

(ii) Is not material accumulated speculatively, as defined in Regulation .01D of this chapter, by a CRT collector or a facility engaged in CRT processing;

(b) A used, intact CRT that is being exported for recycling, if it is managed in accordance with the requirements of Regulation .19-8A of this chapter;

(c) A used, broken CRT as defined in COMAR 26.13.01.03B, if it is managed in accordance with the requirements of Regulations .19-6 and .19-7 of this chapter; and

(d) Glass removed from a CRT if it is managed in accordance with the requirements of Regulation .19-6D of this chapter

B. Definition. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

C. Qualifiers on Exclusions of Materials from Regulation as Solid Waste.

(1) The exclusion of §A(9)(c) of this regulation, concerning wood-preserving wastewaters and spent wood-preserving solutions that are to be reused, applies only as long as the plant at which the exclusion is being applied meets all of the conditions of §A(9)(c)(i)-(vii) of this regulation.

(2) Reinstatement of Eligibility for Exclusion.

(a) If a plant goes out of compliance with any of the conditions of §A(9)(c)(i)-(vii) of this regulation, the owner or operator of the plant may apply to the Secretary for reinstatement of eligibility for the exclusion of §A(9)(c) of this regulation.

(b) The Secretary may reinstate eligibility for the exclusion of §A(9)(c) of this regulation if the Secretary finds that the plant has returned to compliance with the requirements of §A(9)(c)(i)-(vii) of this regulation and that violations are not likely to recur.

Md. Code Regs. 26.13.02.04

Regulations .04 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 .04D, adopted effective January 31, 1983 (10:2 Md. R. 110)
Regulations .04A and B amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .04, amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .04A, B amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .04A amended effective May 24, 1993 (20:10 Md. R. 853); August 28, 1995 (22:17 Md. R. 1321); September 10, 1997 (24:5 Md. R. 413)
Regulation .04A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809)
Regulation .04C adopted effective November 1, 2002 (29:21 Md. R. 1647); amended effective 43:1 Md. R. 13, eff.1/18/2016; amended effective 49:1 Md. R. 14, eff. 1/13/2022