# COMAR Title 26 — Department of the Environment

## Subtitle 04 — Regulation of Water Supply, Sewage Disposal, Solid Waste, and Recyclable Materials

### Chapter 14 — Packaging and Paper Products—Producer Responsibility

#### Regulation .04 Categories of Covered Materials for Registration.

*COMAR 26.04.14.04*

A. Applicability. Covered materials must be identified on the registration form submitted annually by an individual producer or a PRO. All covered materials must be reported under one of the following categories, in sequential order as listed in
                  §B of this regulation. If a material meets the definition of small format, it must be identified in the associated small format category for that material where applicable. If a material is reported into a category marked with a “*”, the covered material must be identified on the registration form.

B. Covered Material Categories.

  (1) Certified Compostable Organics:

    (a) Rigid plastic packaging that meets the compostable labeling requirements enumerated in Environment Article, §§
                      9-2102—
                      9-2104, Annotated Code of Maryland;

    (b) Flexible plastic packaging that meets the compostable labeling requirements enumerated in Environment Article, §§
                      9-2102—
                      9-2104, Annotated Code of Maryland;

    (c) Plastic and Polymer Coated Substrates that meet the compostable labeling requirements enumerated in Environment Article, §§
                      9-2102—
                      9-2104, Annotated Code of Maryland; and

    (d) Paper food service packaging that meets a labeling standard approved by the Department.

  (2) Paper:

    (a) Small format paper;

    (b) Newsprint, including newspaper, that does not meet the definition of “exempt material”, as defined in
                      Environment Article, §9-2501, Annotated Code of Maryland;

    (c) Magazines, catalogs, and directories that do not meet the definition of “exempt material”, as defined in
                      Environment Article, §9-2501, Annotated Code of Maryland;

    (d) Paper for general use;

    (e) *Other printed materials not identified in §B(2)(a)—(d) of this regulation;

    (f) Uncoated corrugated cardboard;

    (g) Coated corrugated cardboard;

    (h) Kraft paper;

    (i) Uncoated paperboard;

    (j) Coated paperboard;

    (k) Molded fiber all forms;

    (l) Aseptic cartons;

    (m) Gable-top cartons;

    (n) *Other paper laminates not identified in §B(2)(a)—(m) of this regulation; and

    (o) *Other paper not identified in §B(2)(a)—(n) of this regulation.

  (3) Small Format Plastic.

  (4) Rigid Plastic:

    (a) Polyethylene terephthalate (PET) or resin identification code (RIC) #1: Non-pigmented or non-colorant-containing bottles, jugs, and jars;

    (b) PET or RIC #1: Pigmented or colorant-containing bottles, jugs, and jars;

    (c) PET or RIC #1: Non-pigmented or non-colorant-containing other rigid containers, cups, lids, plates, trays, and tubs not identified in
                      §B(4)(a) of this regulation;

    (d) PET or RIC #1: Pigmented or colorant-containing other rigid containers, cups, lids, plates, trays, and tubs not identified in
                      §B(4)(b) of this regulation;

    (e) *PET or RIC #1: Other rigid items not identified in §§B(4)(a)—(d) of this regulation;

    (f) High-density polyethylene (HDPE) or RIC #2: non-pigmented or non-colorant-containing bottles, jugs, and jars;

    (g) HDPE or RIC #2: Pigmented or colorant-containing bottles, jugs, and jars;

    (h) HDPE or RIC #2: Pails, buckets, and tubs;

    (i) HDPE or RIC #2: Squeeze tubes;

    (j) *HDPE or RIC #2: Other rigid items not identified in §B(4)(f)—(i) of this regulation;

    (k) Polyvinyl chloride (PVC) or RIC #3: Rigid items;

    (l) Low-density polyethylene (LDPE) or RIC #4: Bottles, jugs, and jars;

    (m) *LDPE or RIC #4: Other rigid items not identified in
                      §B(4)(l) of this regulation;

    (n) Polypropylene (PP) or RIC #5: Bottles, jugs, and jars;

    (o) PP or RIC #5: Other containers, cups, lids, plates, trays, and tubs not identified in
                      §B(4)(n) of this regulation;

    (p) PP or RIC #5: Squeeze tubes;

    (q) *PP or RIC #5: Other rigid items not identified in §B(4)(n) or (o) of this regulation;

    (r) Polystyrene (PS) or RIC #6: Expanded or foamed hinged containers, plates, cups, tubs, trays, and other foamed containers;

    (s) PS or RIC #6: Other expanded or foamed packaging not identified in
                      §B(4)(r) of this regulation;

    (t) PS or RIC #6: Rigid, non-expanded packaging;

    (u) RIC #1 through #7: Nursery Containers;

    (v) Bioplastics that are not labeled as compostable or home compostable, in accordance with
                      Environment Article, §9-2102 or 9-2104, Annotated Code of Maryland; and

    (w) *Mixed rigid plastic or other rigid plastic not identified in §B(4)(a)—(v) of this regulation.

  (5) Flexible Plastic:

    (a) HDPE or RIC #2, or LDPE or RIC #4: Flexible and film items;

    (b) PP or RIC #5: Flexible and film items; and

    (c) *Plastic laminates and other flexible plastic packaging not identified in §B(5)(a) or (b) of this regulation.

  (6) Metal:

    (a) Steel aerosol containers;

    (b) Steel containers not identified in
                      §B(6)(a) of this regulation;

    (c) Other forms of steel not identified in §B(6)(a) or (b) of this regulation;

    (d) Aluminum aerosol containers;

    (e) Aluminum foil and molded containers;

    (f) Aluminum containers not identified in §B(6)(d) or (e) of this regulation;

    (g) Other forms of aluminum not identified in §§B(6)(d) —(f) of this regulation;

    (h) Small format metal;

    (i) Pressurized cylinders that do not meet the definition of “exempt material,” as defined in
                      Environment Article, §9-2501, Annotated Code of Maryland; and

    (j) *Other metal packaging not identified in §§B(6)(a)—(i) of this regulation.

  (7) Glass:

    (a) Non-pigmented or non-colorant-containing glass bottles, jars, and other containers;

    (b) Pigmented or colorant-containing glass bottles, jars, and other containers; and

    (c) *Ceramic, porcelain, acrylic and other glass-like material not identified in §B(7)(a) or (b) of this regulation.

  (8) Wood and Other Organics:

    (a) *Untreated and uncoated wood or other untreated and uncoated organic packaging that is not a plastic or bioplastic and is not identified in
                      §B(1) of this regulation; and

    (b) *Treated or coated wood or other treated or coated organic packaging that is not a plastic or bioplastic and is not identified in
                      §B(1) of this regulation.
