Title 26 — Subtitle 13. Disposal of Controlled Hazardous Substances

Electronic manifest that is prepared and used in accordance with COMAR 26.13.03.04A(1)(b) or 40 CFR §262.20(a)(3); and

Paper manifest that is submitted to the system under COMAR 26.13.05.05B(1)(e), COMAR 26.13.06.05A, 40 CFR §264.71(a)(6), or 40 CFR §265(a)(6); and

When EPA considers the manifest to be a complete and final document, as specified in §F(2)(b)(ii) of this regulation; and

After 90 days have passed since the delivery of the hazardous waste shipment identified in the manifest to the designated facility, the time at which EPA considers the manifest to be a complete and final document.

The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases.

The unit's combustion chamber and primary energy recovery section or sections shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section or sections, such as waterwalls and superheaters, shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section or sections are joined only by ducts or connections carrying flue gas is not integrally designed. However, secondary energy recovery equipment such as economizers or air preheaters need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. Process heaters which are units that transfer energy directly to a process stream and fluidized bed combustion units are not precluded from being boilers solely because they are not of integral design.

While in operation, the unit shall maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel.

The unit shall export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, credit may not be given for recovered heat used internally in the same unit. Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps.

Container managed in accordance with COMAR 26.13.05.09; or

Tank managed in accordance with COMAR 26.13.05.10.

A manufactured object;

Plant or animal material;

Natural geologic material; or

A mixture consisting of debris as defined in §B(10-3)(a)(i)—(iii) of this regulation that has not been treated to the standards established in 40 CFR §268.45, and other material if the mixture is comprised primarily of debris, by volume, based on visual inspection.

Lead acid batteries;

Cadmium batteries;

Radioactive lead solids;

Process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and

Intact containers of hazardous waste that are not ruptured and that retain at least 75 percent of their original volume.

Has received a permit or interim status in accordance with the requirements of COMAR 26.13.07;

Has received a permit or interim status in accordance with the requirements of 40 CFR Parts 270 and 124;

Has received a permit or interim status from a state authorized in accordance with 40 CFR Part 271;

Is allowed by the state in which the facility is located to accept the waste, if the state has been authorized in accordance with 40 CFR Part 271 but the state has not yet obtained authorization from EPA to regulate that particular waste as hazardous; or

Is regulated under COMAR 26.13.02.06C(2), COMAR 26.13.10.04, 40 CFR §261.6(c)(2), 40 CFR Part 266, Subpart F, or analogous authorities in other states; or

A facility for which the treatment, disposal, or recycling of a particular category of universal waste consists only of the management activities described in COMAR 26.13.10.12, .14, or .15B(3), including large quantity handlers of universal waste that are made subject to these requirements in COMAR 26.13.10.20A, C, and D; or

A facility at which a particular category of universal waste is only accumulated, with respect to that category of universal waste.

Human health, including safety; or

The environment, including property; and

Unexploded ordnance (UXO);

Damaged explosives or munitions;

Deteriorated explosives or munitions;

An improvised explosive device (IED);

Some other material or device that is potentially explosive; or

Some other potentially harmful military chemical munition or device.

In-place render-safe procedures;

Treatment or destruction of explosives or munitions; or

Transporting explosives or munitions to another location to be rendered safe, treated, or destroyed;

Exhibits one or more characteristics identified in COMAR 26.13.02.10—.14; or

Is listed in COMAR 26.13.02.15—.19.

A pharmaceutical that will be legitimately used or reused by, for example, being lawfully donated for use for its intended purpose;

A pharmaceutical that is reclaimed, as described in COMAR 26.13.02.01D(7);

An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug for which there is a reasonable expectation that the item will be legitimately used or reused by, for example, being lawfully redistributed for use for its intended purpose; or

An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug for which there is a reasonable expectation that the item will be reclaimed.

Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body;

Act as a provider of counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

Distribute, sell, or dispense pharmaceuticals, including over-the counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals.

Wholesale distributors;

Third-party logistics providers that serve as forward distributors;

Military medical logistics facilities;

Hospitals, psychiatric hospitals, and ambulatory surgical centers;

Health clinics and physicians’ offices;

Optical and dental providers;

Chiropractors;

Long-term care facilities;

Ambulance services;

Pharmacies, long term-care pharmacies, mail-order pharmacies, and retailers of pharmaceuticals;

Veterinary clinics; and

Veterinary hospitals.

Pharmaceutical manufacturers;

Reverse distributors with respect to the receipt, accumulation, and processing of prescription pharmaceuticals for the purpose of facilitating or verifying manufacturer credit; or

Reverse logistics centers.

The design and use of the devices primarily to accomplish recovery of material products;

The use of the device to burn or reduce raw materials to make a material product;

The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;

The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;

The use of the device in common industrial practice to provide a material product; and

Other factors, as appropriate.

Obtains a CHS permit under COMAR 26.13.07;

Meets the requirements of COMAR 26.13.06.07—.15; or

Has the interim status terminated under COMAR 26.13.07.23D; or

A group home;

An independent living community;

An assisted living facility; or

The independent and assisted living portions of a continuing care retirement community.

Component items such as liquid propellants, solid propellants, confined gaseous propellants, explosives including bulk explosives, pyrotechnics, chemical agents including bulk chemical warfare agents, riot control agents, smokes, incendiaries, warheads, cluster munitions and dispensers, and demolition charges;

Munition product items such as chemical munitions, rockets, guided and ballistic missiles, bombs, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, and demolition devices;

Components of munition product items; and

Nonnuclear components of nuclear devices managed under DOE's nuclear weapons program after all required sanitization operations have been completed as required by the Atomic Energy Act of 1954.

A prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit; or

A nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be reclaimed, legitimately used, or legitimately reused.

Investigational drugs;

Free samples of pharmaceuticals received by healthcare facilities;

Residues of pharmaceuticals remaining in empty containers;

Contaminated personal protective equipment;

Floor sweepings; and

Cleanup material from the spills of pharmaceuticals.

Performs, or is responsible for performing, any pretransportation function required under the U.S. Department of Transportation's hazardous material regulations of 49 CFR Parts 171—180 for transportation of a hazardous material in commerce; or

Tenders or makes a hazardous material available to a carrier for transportation in commerce.

Performs a function required by 49 CFR Parts 171—180 as a condition of acceptance of a hazardous material for transportation in commerce, such as reviewing shipping papers, examining packages to ensure that they are in conformance with 49 CFR Parts 171—180, or preparing shipping documentation for the carrier's own use; or

Transfers a hazardous material to another carrier for continued transportation in commerce without performing a pretransportation function.

A new animal drug under §201(w) of FFDCA;

An animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or

An animal feed under §201(x) of FFDCA that bears or contains any substances identified in §B(62-1)(b)(i)—(ii) of this regulation.

A drug or dietary supplement for use by humans or other animals;

An electronic nicotine delivery system, such as an electronic cigarette or vaping pen; or

A liquid nicotine-containing product packaged for retail sale for use in electronic nicotine delivery systems, and including a pre-filled cartridge, pre-filled vial, or other packaging.

A dietary supplement, as defined by the Federal Food, Drug and Cosmetic Act;

A prescription drug, as defined by 21 CFR §203.3(y);

An over-the-counter drug;

A homeopathic drug;

A compounded drug;

An investigational new drug;

A pharmaceutical remaining in a nonempty container;

Personal protective equipment contaminated with a pharmaceutical; and

Clean-up material from a spill of a pharmaceutical.

Has a reasonable expectation to receive manufacturer credit;

Is in original manufacturer packaging;

Is not a pharmaceutical that was subject to a recall;

Is undispensed; and

Is unexpired or is less than 1 year past its expiration date.

An evaluated hazardous waste pharmaceutical; or

Nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Obtained relevant state registration;

Obtained relevant professional certifications; or

Completed relevant accredited university courses.

A by-product, as defined in COMAR 26.13.02.01D;

A commercial chemical product;

Sludge;

Spent material, as defined in COMAR 26.13.02.01D; and

Scrap metal, as defined in COMAR 26.13.02.01D.

A small quantity handler of universal waste; or

A large quantity handler of universal waste operating in compliance with COMAR 26.13.10.20C.

Nonhazardous or less hazardous;

Safer to transport, store, or dispose of; or

Amenable for recovery, amenable for storage, or reduced in volume.

A generator of universal waste;

The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, a destination facility, or a foreign destination;

A person that treats universal waste as described in COMAR 26.13.10.12, .14, or .15B(3)(c), including large quantity handlers as described in COMAR 26.13.10.20A, B, or D; or

A person that recycles universal waste under the provisions of COMAR 26.13.10.16-1, including large quantity handlers as described in COMAR 26.13.10.20F.

Person that treats universal waste, except for persons identified in §B(89-2)(a)(iii) of this regulation;

Person that disposes of universal waste;

Person that recycles universal waste, except for persons identified in §B(89-2)(a)(iv) of this regulation;

Person engaged in the off-site transportation of universal waste by air, rail, highway, or water; or

Universal waste transfer facility.

Any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or

Any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and

Electronic manifest system to obtain, complete, and transmit an electronic manifest format supplied by the EPA electronic manifest system; or

Paper manifest form and submits information to the electronic manifest system in the form of a paper copy of the manifest or data from a paper copy of the manifest for data processing purposes in accordance with COMAR 26.13.05.05B(1)(e) or COMAR 26.13.06.05A.

COMAR 26.13.05.05B, regarding use of the manifest; and

COMAR 26.13.05.05C, regarding manifest discrepancies; and

EPA will add the waste to the appropriate table in Appendix IX of 40 CFR Part 261; and

The waste will be excluded from the lists of hazardous wastes in COMAR 26.13.02.15—.19 through the action of COMAR 26.13.02.25.

The Secretary's determination shall be based on a petition that is a complete application, in that it includes all information required by this section;

The other factors considered by the Secretary in evaluating whether the waste should be excluded from the waste listing may include the presence of additional constituents in the waste other than those that caused the waste to be listed; and

Even if the Secretary concludes that the waste should be excluded from the waste listing, the waste still may be a hazardous waste by operation of COMAR 26.13.02.10—.14.

Is listed in COMAR 26.13.02.15—.19;

Contains a waste listed in COMAR 26.13.02.15—.19; or

Is derived from a waste listed in COMAR 26.13.02.15—.19.

An exclusion granted in response to the petition may only be issued for a particular generating, storage, treatment, or disposal facility;

The petitioner shall make the same demonstration as required by §C(1) of this regulation, except that if the waste is a mixture of solid waste and one or more listed hazardous wastes or if the waste is derived from one or more hazardous wastes, the petitioner's demonstration may be made with respect to each constituent listed waste or the waste mixture as a whole; and

A waste which is excluded as a result of the petition may still be a hazardous waste by operation of COMAR 26.13.02.10—14.

Does not contain the constituent or constituents, as defined in COMAR 26.13.02.23, that caused the Secretary to list the waste, using the appropriate test methods prescribed in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, as incorporated by reference in Regulation .05 of this chapter; or

Although containing one or more of the hazardous constituents as defined in COMAR 26.13.02.24 that caused the Secretary to list the waste, does not meet the criterion of COMAR 26.13.02.09A(3) when considering the COMAR 26.13.02.09A(3)(a)—(k) under which the waste was listed as a the waste was listed as a hazardous waste;

Whether the degree of partial reclamation is substantial, as demonstrated by the partial reclamation being accomplished through use of a partial reclamation process other than the process that generated the hazardous waste;

Whether the partially reclaimed material has sufficient economic value so that it will be purchased for further reclamation;

Whether the partially reclaimed material is a viable substitute for a product or intermediate produced from virgin or raw materials, and is used in subsequent production steps;

Whether there is a market for the partially reclaimed material, as demonstrated by there being a known customer or customers engaged in further reclaiming the material, supported by evidence such as records of sales, contracts, or bills of lading or other indicators of subsequent use; and

Whether the partially reclaimed material is handled to minimize loss.

Hold a public hearing;

Provide notice of the public hearing to the public and allow public participation at the hearing;

Issue a final order after the public hearing stating whether or not compliance with COMAR 26.13.03 is required;

Make the order required by §I(1)(c)(iii) of this regulation effective 30 days after it is received by the person to whom it is directed, unless the Secretary specifies a later date.

The permit application;

A public hearing held on the draft permit; or

Comments filed on the draft permit or the notice of intent to deny the permit;

Is appropriate for the waste or category of waste;

Will improve management practices for the waste or category of waste; and

Will improve implementation of the hazardous waste program;

Is appropriate for the waste or category of waste;

Will improve management practices for the waste or category of waste; and

Will improve implementation of the hazardous waste program.

The name, address, and, if applicable, the EPA ID number of the facility;

The name and telephone number of a contact person;

The NAICS code of the facility;

The regulation under which the hazardous secondary material will be managed;

The date when the facility expects to begin managing the hazardous secondary material in accordance with the regulation;

A list of hazardous secondary materials that will be managed according to the regulation, reported as the EPA hazardous waste numbers that would apply if the hazardous secondary material were managed as hazardous waste;

For each hazardous secondary material, whether the hazardous secondary material, or any portion of the hazardous secondary material, will be managed in a land-based unit;

The quantity of each hazardous secondary material to be managed annually; and

The certification included in EPA Form 8700-12 signed and dated by an authorized representative of the facility.

Address all the requirements of §L(2) of this regulation; and

Consider the requirements of §L(3) of this regulation.

Shall determine that an activity claimed to be recycling is legitimate recycling only if all the criteria of §L(2) of this regulation are met; and

May determine that an activity claimed to be recycling is not legitimate recycling based on consideration of the supplemental factors identified in §L(3) of this regulation.

Contributing valuable ingredients to a product or intermediate;

Replacing a catalyst or carrier in the recycling process;

Serving as the source of a valuable constituent that is recovered in the recycling process;

Being recovered or regenerated by the recycling process; or

Being used as an effective substitute for a commercial product;

Sold to a third party; or

Used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process; and

Managing the hazardous secondary material in a manner consistent with the management of an analogous raw material, if any, or in an equally protective manner as the typical method of management of an analogous raw material;

Ensuring that the hazardous secondary material is contained, as described in §L(4) of this regulation, if there is no analogous raw material; and

Immediately recovering any hazardous secondary material that is released to the environment, with any released secondary hazardous material that is not immediately recovered being subject to regulation as a discarded material.

Contains significant concentrations of any hazardous constituents identified in COMAR 26.13.02.24 that are not found in analogous products;

Contains hazardous constituents identified in COMAR 26.13.02.24 at concentrations that are significantly elevated from those found in analogous products; or

Exhibits a hazardous characteristic as defined in COMAR 26.13.02.10—.14 that analogous products do not exhibit.

This may be an indication that the process is not legitimate recycling; or

The process may still be classified as legitimate recycling in consideration of other factors related to the presence of hazardous constituents or the exhibiting of a hazardous characteristic, such as potential exposures to toxics in the product, the bioavailability of the toxics in the product, and other relevant considerations.

The unit is in good condition;

The unit has no leaks or other continuing or intermittent releases of hazardous secondary material to the environment, except for releases that are authorized by a permit, such as a permit to discharge to water or air;

The unit is designed, operated, constructed, and maintained to prevent unpermitted releases to the environment that include, but are not limited to, releases through surface transport by precipitation runoff, releases to soil and ground water, wind-blown dust, fugitive air emissions, and catastrophic unit failures;

The unit is properly labeled or operated with an inventory log or other system to allow the immediate identification of the hazardous secondary material in the unit;

The unit is operated so that only mutually compatible materials are placed in the unit;

The materials being held in the unit are compatible with the materials of construction of the unit; and

The unit is designed and operated in a manner that addresses any potential risks of fires or explosions.

The person shall have placed the material in a storage unit that has a label indicating the first date that the material began to be accumulated, or, if placing a label on the storage unit is not practicable, the person shall have documented the accumulation period through an inventory log or other appropriate method;

In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type, such as slags from a single smelting process, that is recycled in the same way, such as by recovering the same material from the recyclable material, or by using the material in the same way;

Materials accumulating in units that would be exempt from regulation under Regulation .04-2 of this chapter are not to be included in making the calculation;

Materials that are already defined as solid wastes are not to be included in making the calculation; and

A material is no longer in the category of material being accumulated speculatively once it has been removed from accumulation for recycling.

Applied to or placed on the land in a manner that constitutes disposal; or

Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to the land (in which case the product itself remains a solid waste).

Burned to recover energy;

Used to produce a fuel;

Contained in fuels, in which case the fuel itself remains a solid waste.

COMAR 26.13.01.04A and C;

Regulation .16A(1) of this chapter; or

Regulation .17A(1) of this chapter;

Resultant mixture no longer exhibits any characteristic of hazardous waste as identified in this chapter; or

Solid waste is excluded from regulation under Regulation .04-1A(7) of this chapter and the resultant mixture no longer exhibits any characteristic of hazardous waste identified in this chapter for which the hazardous waste in the mixture was listed in this chapter;

§C-1 of this regulation; or

§F(1)(c) of this regulation, concerning hazardous wastes listed solely for one or more of the characteristics of ignitability, corrosivity, or reactivity; and

Rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, or combinations of rotary hearth furnaces and electric furnaces; or

Industrial furnaces as defined in COMAR 26.13.01.03B(40)(f), (g), or (l);

Are disposed in a subtitle D unit, that is, a unit regulated under Subtitle D of RCRA:

Meet the generic exclusion levels in Table 1 and Table 2 in §C-2 of this regulation for all constituents; and

Exhibit no characteristics of hazardous waste;

At least quarterly; and

Whenever the process or operation generating the residues changes;

The name and address of all subtitle D units receiving the shipments of the residues;

The EPA hazardous waste numbers of the residues at the initial point of generation;

The treatability group or groups, that is, wastewater or nonwastewater as defined in 40 CFR §268.2, of the residues at the initial point of generation; and

The treatment standards under 40 CFR Part 268 applicable to the waste at the initial point of generation;

Places the notification required by §C-1(3)(e) of this regulation and the certification required by §C-1(3)(f) of this regulation in the facility's files;

Retains the notification and the certification for at least 3 years, with the 3-year record retention period being automatically extended during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Secretary;

Submits a copy of the notification and the certification to the Department, with a notation that the notification and certification should be directed to the attention of the group within the Department responsible for oversight of hazardous waste management;

Updates the notification and the certification that are in the facility's files if the process or operation generating the waste changes, if the waste is sent to a different subtitle D facility, or both; and

Provides the Department with an updated notification and certification on an annual basis if the changes identified in §C-1(3)(g)(iv) of this regulation occur, with it being acceptable to make a single submission to the Department covering all changes during a calendar year, provided the Department receives the submission not later than December 31 of the year in which the changes occur;

Ignitability as defined in Regulation .11 of this chapter;

Corrosivity as defined in Regulation .12 of this chapter; or

Reactivity as defined in Regulation .13 of this chapter;

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

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;

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

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;

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;

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;

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

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;

Is not placed on the land; and

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

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

Sent directly to another petroleum refinery;

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

Used oil as defined in COMAR 26.13.01.03B; and

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

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

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

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

Recovered from organic chemical manufacturing processes;

Placed on the land; or

A material accumulated speculatively as defined in Regulation .01D of this chapter;

Has not been disposed; and

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

Contains no free liquids, as determined by Method 9095B, the Paint Filter Liquids Test, included in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, which is incorporated by reference at COMAR 26.13.01.05A(4);

Contains no hazardous waste listed in Regulations .15—.19 of this chapter other than solvents; and

If it exhibits any of the characteristics of toxicity, corrosivity, or reactivity, does so only as a result of contamination by solvent contaminants, and not as a result of contamination by non-solvent contaminants;

Is able to contain any free liquid that is expressed from materials in the container; and

Is kept closed except when it is necessary to open the container to add material, remove material, or examine the contents of the container, with closure of the container achieved by complete contact between a fitted lid of the container and the container rim;

The date on which the first solvent-contaminated wipe was placed in the container; or

If a wipe is transferred to the container from another container, the accumulation start-date associated with the container from which the wipe is being transferred;

The container is full;

Solvent-contaminated wipes that will be cleaned for reuse are no longer being generated; or

The container is being transported;

The wipe continues to contain no free liquids, as specified in §A(19)(a) of this regulation; and

The container in which the wipe has been placed contains no free liquid;

The name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

Documentation that the 180-day accumulation time limit of §A(19)(e) of this regulation is being met; and

A description of the process that the generator is using to ensure that the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on site, or at the point of being transported off site for laundering or dry cleaning; and

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

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

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

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,

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,

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,

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,

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,

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,

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

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

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,

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

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

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

Draining, followed by crushing the filter,

Dismantling the filter and draining, or

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

Exhibits any characteristic of hazardous waste identified in Regulations .10.14 of this chapter; or

Is derived from any other listed hazardous waste;

For K169K172, February 8, 1999;

For K174 and K175, May 7, 2001;

For K176 and K177, May 20, 2002; and

For K178, May 1, 2008; and

Contains no hazardous waste listed in Regulations .15—.19 of this chapter other than solvents; and

If it exhibits any of the characteristics of toxicity, corrosivity, or reactivity, does so only as a result of contamination by solvent contaminants, and not as a result of contamination by non-solvent contaminants;

Is able to contain any free liquid that is expressed from materials in the container; and

Is kept closed except when it is necessary to open the container to add material, remove material, or examine the contents of the container, with closure of the container achieved by complete contact between a fitted lid of the container and the container rim;

The date on which the first solvent-contaminated wipe was placed in the container; or

If a wipe is transferred to the container from another container, the accumulation start-date associated with the container from which the wipe is being transferred;

The container is full;

Additional solvent-contaminated wipes will not be placed in the container; or

The container is being transported;

The wipe contains no free liquids, as specified in Regulation .04A(19)(a) of this chapter; and

The container in which the wipe has been placed contains no free liquid;

The name and address of the landfill or combustor that is receiving the solvent-contaminated wipes;

Documentation that the 180-day accumulation time limit of §A(17)(e) of this regulation is being met; and

A description of the process that the generator is using to ensure that the solvent-contaminated wipes contain no free liquids at the point of being transported off site for treatment or disposal;

Landfill that is permitted, licensed, or registered by a state to manage municipal solid waste and is in compliance with the requirements of 40 CFR Part 258 or equivalent state regulations;

Landfill that is authorized to accept hazardous waste under a permit or interim status and that meets the applicable requirements for permitted and interim status hazardous waste landfills in 40 CFR Parts 264 and 265, or equivalent state regulations;

Municipal waste combustor or other facility regulated under Section 129 of the Clean Air Act; or

Combustor, boiler, or industrial furnace that is authorized to burn hazardous waste, and is operated in accordance with applicable requirements of 40 CFR Parts 264, 265, and 266 Subpart H, or equivalent state regulations.

The sample collector's name, mailing address, and telephone number,

The laboratory's name, mailing address, and telephone number,

The quantity of the sample,

The date of shipment, and

A description of the sample.

Identified in this chapter as an acute hazardous waste by having been assigned a hazard code of (H) in accordance with regulations .09 and .15B of this chapter; and

Not identified as an acute hazardous waste in 40 CFR Part 261;

2,500 kilograms of media contaminated with acute hazardous waste;

1,000 kilograms of hazardous waste other than contaminated media;

1 kilogram of acute hazardous waste that is not contaminated media and does not meet the criteria of §B(1)(c) of this regulation; and

100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation and is not contaminated media;

The nature of the technology;

The type of process, for example, batch versus continuous;

The size of the unit undergoing testing, particularly in relation to scale-up considerations;

The time or quantity of material required to reach steady-state operating conditions; or

Test design considerations, such as mass balance calculations.

There has been an equipment or mechanical failure during the conduct of a treatability study;

There is a need to verify the results of a previously conducted treatability study;

There is a need to study and analyze alternative techniques within a previously evaluated treatment process; or

There is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

The reason why the person requires additional time for the completion of the treatability study;

The information listed in §C(3)(b) and (c) of this regulation;

If the request for the extension is being made due to equipment or mechanical failure, information regarding the reason for the failure or breakdown, and also a description of the modifications to procedures or improvements to equipment that have been made to protect against further breakdowns; and

Other information the Secretary considers necessary.

Any requirement of COMAR 26.13.02—26.13.04 other than those of §E(3) of this regulation; or

The notification requirements of §3010 of RCRA; and

Copies of the shipping documents required by §E(3)(a) and (b) of this regulation;

Documentation showing the amount of treatment residues shipped;

Documentation showing the name and address of the sample generator or collector to whom the shipment was sent; and

Documentation showing the date the shipment was made.

The amount of treated material from a particular waste stream from treatability studies that is being archived does not exceed 500 kilograms;

The treated material from a particular waste stream is held for not more than 5 years from the date of initial receipt;

The laboratory or testing facility maintains records while the treated material is being archived to demonstrate that the 5-year storage limit of §A(11)(b)(ii) of this regulation has not been exceeded; and

The archived material, if it meets the definition of hazardous waste of COMAR 26.13.02.03, counts against the total storage limit for the facility established in §A(4) of this regulation;

The need to use the additional quantity of waste; and

Whether the treatability study will be conducted in a manner consistent with the protection of human health and the environment;

Accumulates no more than 250 items in its current inventory of waste airbag modules and waste airbag inflators; and

Does not accumulate any airbag waste for longer than 180 days;

While the waste is being accumulated, ensures that the waste is packaged in a container that is designed to address the risks posed by the airbag waste, including reducing the risk of the airbag waste reacting in case of a fire, and reducing the risk of a projectile hazard if a defective airbag inflator were to deploy; and

Ensures that, before the airbag waste is offered for transport, the waste packaging meets U.S. Department of Transportation requirements for hazardous materials transportation;

Marked with the earliest date on which accumulation began for the airbag waste within the container; and

Labeled with the words “Airbag Waste – Do Not Reuse”;

An airbag waste collection facility in the United States that is under the control of a vehicle manufacturer or the authorized representative of a vehicle manufacturer;

An authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration; or

A “designated facility” as defined in COMAR 26.13.01.03B; and

Information specified in §C(1)(c)—(e) of this regulation; and

Date that the receiving facility received the shipment.

Subject to or managed in accordance with COMAR 26.13.10.32—.49; or

Also a Drug Enforcement Administration controlled substance and is conditionally exempt under COMAR 26.13.10.34.

40 CFR 270 and 265; or

COMAR 26.13.06 and 26.13.07;

Permitted, licensed, or registered by a state to manage municipal solid waste or nonmunicipal, nonhazardous solid waste;

In compliance with the requirements of 40 CFR 258 or equivalent state regulations, if the waste is managed in a municipal solid waste landfill;

In compliance with the requirements of 40 CFR §§257.5—257.30 or equivalent state regulations, if the waste is managed in a nonmunicipal, nonhazardous waste disposal unit after January 1, 1998; and

Permitted to accept the waste;

Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

Treats its waste before beneficial use or reuse, or legitimate recycling or reclamation;

COMAR 26.13.03.03-11, if the facility is located in Maryland; or

40 CFR §262.14(a)(5)(viii) or analogous regulations of the destination state, as applicable, if the facility to which the waste is being sent is not located in Maryland;

The generator meets the applicability requirements in COMAR 26.13.10.36A; and

The receiving healthcare facility meets the conditions in COMAR 26.13.10.36C(1); or

Recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these are not CHS for the purposes of COMAR 26.13.05.01—.04, .05A, D—H, and .06—.24, 26.13.06, and 26.13.07, if these materials are not accumulated speculatively as defined in Regulation .01D of this chapter;

Spent lead-acid batteries that are recyclable materials are not CHS for the purposes of COMAR 26.13.03, 26.13.04, 26.13.05.02D, .05B, C, .13—.24, and 26.13.06, and, for persons who store but do not reclaim, are not CHS for the purposes of COMAR 26.13.05, 26.13.06, and 26.13.07.

Recyclable materials used in a manner constituting disposal;

Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are regulated under COMAR 26.13.05.16 or 26.13.06.23, and COMAR 26.13.07.05;

Recyclable materials from which precious metals are reclaimed; or

Spent lead-acid batteries that are being reclaimed under COMAR 26.13.10.

Exports and imports are subject to the requirements of 40 CFR Part 262, Subpart H, as made applicable in COMAR 26.13.03.07 ;

A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements of §B(2) of this regulation; and

A transporter transporting a shipment for export shall comply with the requirements of §B(3) of this regulation.

The hazardous wastes from which the fuel is produced are reintroduced into a process that does not use distillation or does not produce products from crude oil;

The fuel meets the used oil fuel specification under COMAR 26.11.09.10B; and

No other hazardous wastes are used to produce the hazardous waste fuel;

The hazardous waste from which the fuel is produced are reintroduced into a refining process after a point at which contaminants are removed; and

The fuel meets the used oil specification under COMAR 26.11.09.10B; and

Is burned as a fuel without reintroduction to a refining process: and

Meets the used oil specification under COMAR 26.11.09.10B.

Accompanies the shipment; and

Is delivered to the facility designated by the person initiating the shipment.

Not more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or

Not more than 0.3 percent by weight of the total capacity of the container or inner liner remains in the container or inner liner if the container is greater than 119 gallons in size.

Nonpoisonous, that is, it is not a poisonous material under 49 CFR §173.132; or

A Division 6.1 Packing Group III material under 49 CFR §173.133; and

An absolute pressure exceeding 40 pounds per square inch at 70°F; or

An absolute pressure exceeding 104 pounds per square inch at 130°F regardless of the pressure at 70°F; or

A mixture of 13 percent or less by volume of the gas with air forms a flammable mixture; or

The flammable range for mixtures of the gas with air is wider than 12 percent regardless of the lower limit;

Meets the definition of a Division 1.1, 1.2, or 1.3 explosive, as defined in 49 CFR §173.50 and 49 CFR §173.53, in which case the material is classed as an explosive;

Is forbidden to be offered for transportation by 49 CFR §172.101 or 49 CFR §173.21;

Contains an organic peroxide but it is determined that the predominant hazard of the material is other than that of an organic peroxide; or

Does not present a hazard in transportation according to data on file with the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration, or its successor agency.

Activated sludge;

Trickling filter;

Rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or

High rate aeration.

Hydraulic retention time is not longer than 5 days; or

Hydraulic retention time is not longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic.

Treatment cylinders,

Sumps,

Tanks,

Piping systems,

Drip pads,

Fork lifts, and

Trams;

Prepare, sign, and follow an equipment cleaning plan that meets the requirements of §C(3)(d) of this regulation and clean equipment in accordance with this section,

Prepare, sign, and follow an equipment replacement plan that meets the requirements of §C(3)(h) of this regulation and replace equipment in accordance with this section, or

Document that equipment cleaning and replacement carried out after the termination of use of chlorophenolic preservatives, and before June 6, 1991, was performed in accordance with the requirements of this section;

What equipment will be cleaned,

How equipment will be cleaned,

What solvent will be used in cleaning,

How solvent rinses will be tested, and

How cleaning residues will be disposed;

All visible residues are removed from equipment, and

Equipment is rinsed with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse;

Rinses are tested in accordance with SW-846, Method 8290, which is incorporated by reference in COMAR 26.13.01.05A(4), and

If a result is characterized as “not detected”, it is at or below the lower method calibration limit (MCL) in SW-846, Method 8290, Table 1, which is incorporated by reference in COMAR 26.13.01.05A(4);

What equipment will be replaced,

How equipment will be replaced, and

How equipment will be disposed;

The name and address of the facility,

A list of formulations previously used and the date on which their use was terminated in each process at the plant,

A list of formulations currently used in each process at the plant,

The equipment cleaning or replacement plan,

The name and address of the persons who conducted the equipment cleaning and replacement,

The dates on which equipment cleaning and replacement were accomplished,

The dates of sampling and testing,

A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples,

A description of the tests performed, the dates the tests were performed, and the results of the tests,

The names and model numbers of instruments used in performing the tests,

Quality assurance/quality control (QA/QC) documentation, and

The following statement signed by the generator or his authorized representative: “I certify under penalty of law that all process equipment required to be cleaned or replaced under COMAR 26.13.02.16C was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.”