Md. Code Regs. 26.13.03.02-1

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.13.03.02-1 - Hazardous Waste Determination - Procedures

A. This regulation specifies procedures that a person shall follow in determining whether a solid waste is a hazardous waste, and establishes record keeping requirements with respect to hazardous waste determinations.

B. In order to determine whether a solid waste is a hazardous waste, a person shall, in accordance with the requirements of §§C- D of this regulation:

(1) Determine if the waste is excluded from regulation under COMAR 26.13.02.04-.04-5;

(2) If the waste is not excluded from regulation under COMAR 26.13.02.04-.04-5:

(a) Determine if the waste is listed as a hazardous waste in COMAR 26.13.02.15-.19; and

(b) Determine whether the waste exhibits any of the characteristics of hazardous waste specified in COMAR 26.13.02.10-.14.

C. To determine if a waste is listed as a hazardous waste in COMAR 26.13.02.15-.19, a person shall:

(1) Use knowledge of the waste to determine if the waste meets any of the listing descriptions in COMAR 26.13.02.10-.14; and

(2) Ensure that the information that the person uses in making the determination is sufficient to result in an accurate characterization that can serve as the basis for determining the management standards that apply, such as information on:

(a) The origin of the waste;

(b) Waste composition;

(c) The process that produced the waste;

(d) The feedstock for the process from which the waste is derived; and

(e) Other reliable and relevant information.

Agency Note: Even if the waste is listed as a hazardous waste, the generator still has an opportunity under 40 CFR 260.20 and 260.22 for a waste listed as hazardous by the federal government, and COMAR 26.13.01.04A and C for a Maryland-only listed waste, to demonstrate that the waste from the generator's particular facility or operation does not meet the criteria for listing. However, the waste must be managed as a hazardous waste until a petition to delist the waste under these provisions is successful.

D. Determining Whether a Waste Exhibits a Characteristic of Hazardous Waste.

(1) To determine whether a waste exhibits a characteristic of hazardous waste, a person shall:

(a) Apply knowledge of the characteristics of the waste in accordance with §D(2) of this regulation;

(b) Test the waste in accordance with §D(3) of this regulation; or

(c) Use a combination of both application of knowledge of the waste and testing of the waste.

(2) In using knowledge of waste characteristics as the basis for determining whether a waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10-.14, a person:

(a) Shall apply knowledge of the hazard characteristics of the waste in light of the materials and the processes used to generate the waste;

(b) Shall ensure that the information that the person uses in making the determination is sufficient to result in an accurate characterization that can serve as the basis for determining the management standards that apply, relying on such things as:

(i) Process knowledge, such as information about the identities and properties of chemical feedstocks and other inputs to the production process and the transformations that occur as part of the process;

(ii) Knowledge of products, by-products, and intermediates produced by the manufacturing process;

(iii) Chemical or physical characteristics of wastes;

(iv) Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste;

(v) Testing that illustrates the properties of the waste; or

(vi) Other reliable and relevant information about the properties of the waste or its constituents; and

(c) May use a test method other than a test method specified in COMAR 26.13.02.10-.14, or an equivalent test method approved by the Secretary under COMAR 26.13.01.04A and B, as part of the person's knowledge if the person:

(i) Understands that such tests, by themselves, do not provide definitive results; and

(ii) Ensures that any testing that is performed is done on a representative sample as defined in COMAR 26.13.01.03B.

(3) If available knowledge is insufficient to allow an accurate determination of whether a waste exhibits a characteristic of hazardous waste, a person required to characterize the waste shall:

(a) Test the waste according to the applicable methods specified in COMAR 26.13.02.10-.14, or an equivalent test method approved by the Department under COMAR 26.13.01.04A and B; and

(b) Perform the testing on a representative sample as defined in COMAR 26.13.01.03B.

(4) The results from a properly performed test using a test method that is specified in COMAR 26.13.02.10-.14 are definitive for determining the regulatory status of the waste.

(5) If a person who is required to characterize a waste concludes, based on the person's knowledge of the characteristics of the waste, that the waste does not exhibit a characteristic of hazardous waste specified in COMAR 26.13.02.10-.14, but subsequent testing of a representative sample of the waste using a test method specified in COMAR 26.13.02.10-.14 shows the waste to exhibit a characteristic of hazardous waste, the person is subject to any liability that applies as a result of the person's mischaracterization of the waste.

Md. Code Regs. 26.13.03.02-1

Regulations .02-1 adopted effective 48:9 Md. R. 359, eff. 5/3/2021