This chapter provides definitions of terms, general standards, and overview information applicable to this subtitle. In this chapter: Regulation .02 sets forth the rules that the Department will use in making information it receives available to the public and sets for the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities shall follow to assert claims of business confidentiality with respect to information that is submitted to the Department under this subtitle. Regulation .03 defines terms which are used in this subtitle. Regulation .04A establishes procedures for petitioning the Department to amend, modify, or revoke any provision of this subtitle and establishes procedures governing the Department's action on these petitions. Regulation .04B establishes procedures for petitioning the Department to approve testing methods as equivalent to those prescribed in COMAR 26.13.02, 26.13.05, or 26.13.06. Regulation .04C establishes procedures for petitioning the Department to amend COMAR 26.13.02.03 or 26.13.02.15—.19 to exclude a waste from a particular facility. The provisions of this subtitle shall be supplemental and additional to the air control regulations under COMAR 26.11.01—26.11.20 and may not be interpreted as in derogation of any authority of the Secretary to implement and enforce those regulations. Except in accordance with §E or F of this regulation, the Department shall protect any information contained in the application, or other records, reports, or plans as confidential upon a showing by any person that the information, if made public, would divulge methods or processes entitled to protection as trade secrets, or proprietary business information relating to processes of production, methods of manufacturing, or production volume which are of financial or commercial value. Claims of confidentiality for the name and address of any permit applicant or permittee will be denied. Claims for other information shall be made and substantiated at the time the application is submitted. If substantiation is not provided, the Secretary will notify the applicant by certified mail of the requirement. If the substantiation is not provided after 10 days of receipt of the certified mail, the information in question shall be placed in the public file. The Department shall insure that any permit forms or any public comment upon those forms shall be available to the public for inspection and copying. The Department shall make available to the public any other records, reports, plans, or any information obtained by the State other than that information designated as confidential. The Department shall provide facilities for the inspection of information relating to permit forms and insure that State employees honor requests for inspection promptly without undue requirements or restrictions. The Department shall insure that a machine or device for the copying of papers and documents is available for a reasonable fee, or otherwise provide for coordination with copying facilities or services so that requests for copies of nonconfidential documents may be honored promptly. Information that is required to be supplied to the Department contained in any application or other record that would be considered as confidential shall still be made available by the Department to the U.S. Environmental Protection Agency at their request or shall be included in any regular report, if the information has been submitted by the Department with this claim to the EPA. If EPA obtains from the State information that is not claimed to be confidential, that information is available for public distribution. Manifest Information. After August 6, 2014, a person may not assert a claim of business confidentiality with respect to information entered on: A hazardous waste manifest (EPA Form 8700–22); A hazardous waste manifest continuation sheet (EPA Form 8700–22A); or An electronic manifest format that may be prepared and used in accordance with COMAR 26.13.03.04A(1)(b) or 40 CFR §262.20(a)(3). EPA, as the designated custodian of the electronic manifest system under federal law: Is responsible for making available to the public any: 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 Will make the information identified in §F(2)(a) of this regulation for an electronic or paper manifest that has been submitted to the electronic manifest system available to the public: 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. When used in this subtitle the following terms have the meanings given. Terms Defined. “Above-ground tank” means a tank that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank, including the tank bottom, is able to be visually inspected. “Active life” of a facility means the period from the initial receipt of hazardous waste at the facility until the Secretary receives certification of final closure. “Active portion” means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the effective date of this subtitle and which is not a closed portion. “Active range” means a military range that is currently in service and is being regularly used for range activities. “Acute hazardous waste” means a hazardous waste that meets the listing criteria in COMAR 26.13.02.09A(2) and has therefore been assigned a hazard code of (H) in accordance with COMAR 26.13.02.15B; “Aerosol can” means a non-refillable receptacle that: Contains a gas compressed, liquified, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder; and Is fitted with a self-closing relief device that allows the contents to be ejected by the gas. “Airbag inflator” means a small metal canister within an airbag module that generally houses explosive propellant and an initiator, and that causes an airbag module to deploy when an electronic pulse is received from a vehicle’s crash sensor. “Airbag module” means a fully assembled unit that includes both an airbag inflator and the fabric cushion that is designed to inflate and deploy in the event of a vehicle crash. “Airbag waste” means a hazardous waste airbag module or hazardous waste airbag inflator. Airbag Waste Collection Facility. “Airbag waste collection facility” means a facility that receives airbag waste from an airbag handler that is operating under the provisions of COMAR 26.13.02.04-7; and “Airbag waste collection facility” does not include a facility that accumulates in-transit airbag waste for 10 days or less. “Airbag waste handler” means a person, by site, that generates airbag waste that is subject to regulation under this subtitle. “Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials. “Ancillary equipment” means a device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank or tanks, between hazardous waste storage and treatment tanks to a point of disposal on site, or to a point of shipment for disposal off site. “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs. “Authorized representative” means the person responsible for the overall operation of a facility or an operational unit (that is, part of a facility); for example, the plant manager, superintendent, or person of equivalent responsibility. “Battery” means: A device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy; or An intact, unbroken device which would otherwise meet the definition of battery in §B(4-1)(a) of this regulation from which the electrolyte has been removed. “Boiler” means an enclosed device using controlled flame combustion and having one of the following characteristics: The unit satisfies all of the following criteria: 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. The unit is one which the Secretary has determined, on a case-by-case basis, to be a boiler, after considering the standards in Regulation .04F of this chapter. “Cathode ray tube (CRT)” means a vacuum tube, composed primarily of glass, that is the visual or video display component of an electronic device. “Cathode ray tube (CRT) collector” means a person who receives used, intact CRTs for recycling, repair, resale or donation. “Cathode ray tube (CRT) exporter” means any person in the United States who initiates a transaction to send used CRTs outside the United States and its territories for recycling or reuse, or any intermediary in the United States arranging for export of used CRTs to a location outside the United States and its territories for recycling or reuse. “Cathode ray tube (CRT) glass manufacturer” means an operation or part of an operation that uses a furnace to manufacture CRT glass. “Cathode ray tube (CRT) processing” means conducting together all of the following activities: Receiving broken or intact CRTs; Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and Sorting or otherwise managing glass removed from CRT monitors. Chemical Agents and Munitions. “Chemical agents and munitions” means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings. “Chemical agents and munitions” does not include riot control agents, chemical herbicides, smoke, and other obscuration materials. “Closed portion” means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also “active portion” and “inactive portion”.) “Component” means either the tank or ancillary equipment of a tank system. “Confined aquifer” means an aquifer: Bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; Containing confined ground water. “Consignee” means the ultimate treatment, storage, or disposal facility in a receiving country to which a hazardous waste will be sent. “Constituent” or “hazardous waste constituent” means a constituent which caused the Secretary to list the hazardous waste in COMAR 26.13.02.15—.19 or a constituent listed in Table 1 of COMAR 26.13.02.14. “Contained” means held in a unit, including a land-based unit, that meets the criteria of Regulation .04L(4) of this chapter; “Container” means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. “Containment building” means a hazardous waste management unit that: Is a completely enclosed, self-supporting structure; Is designed and constructed of manmade materials; and Provides for containment of hazardous constituents within the unit comparable to the degree of containment that would be provided by a: Container managed in accordance with COMAR 26.13.05.09; or Tank managed in accordance with COMAR 26.13.05.10. “Contingency plan” means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. “Controlled hazardous substance” means a hazardous waste as defined in COMAR 26.13.02, except as provided in COMAR 26.13.02.06. “Corrosion expert” means an individual who is: Qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of that individual's knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience; and Certified as being qualified by the National Association of Corrosion Engineers (NACE), or who is a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks. Debris. “Debris” means solid material exceeding a 60-millimeter particle size that is intended for disposal and that is: 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. “Debris” does not mean any material for which a specific treatment standard is provided in 40 CFR Part 268 Subpart D, namely: 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. “Department” means the Department of the Environment. “Designated facility” means: A hazardous waste treatment, storage, disposal, or recycling facility which has been designated on the manifest by the generator under COMAR 26.13.03.04, a corresponding regulation of another state, or 40 CFR §262.20, and: 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 generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with COMAR 26.13.05.05C(6) or 26.13.06.05A. Destination Facility. “Destination facility” means a facility that treats, disposes of, or recycles a particular category of universal waste, except as provided in §B(12-1)(b) of this regulation. “Destination facility” does not mean: 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. “Dike” means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials. “Dioxins” means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins. “Discharge” or “hazardous waste discharge” means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. “Disposal facility” means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. “Drip pad” means an engineered structure consisting of a curbed, free-draining base which is constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood-preserving plants. “Drug Enforcement Administration” means the United States Drug Enforcement Administration; “Electrochemical cell” means a system consisting of an anode, a cathode, an electrolyte, and any electrical or mechanical connections that may be needed to allow the system to deliver or receive electrical energy. “Electronic manifest (e-manifest)” means the electronic format of the hazardous waste manifest that is obtained from EPA’s national electronic manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (manifest) and 8700-22A (continuation sheet). “Electronic manifest system (e-manifest system)” means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies. “Elementary neutralization unit” means a device which: Is used for neutralizing wastes which are hazardous waste only because they exhibit the corrosivity characteristic defined in COMAR 26.13.02.12, or are listed in COMAR 26.13.02.16—.19 only for this reason; and Is a tank, tank system, container, transport vehicle, or vessel. “EPA” means the United States Environmental Protection Agency. “EPA Acknowledgement of Consent” means the cable sent to EPA from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept a hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment. “EPA hazardous waste number” means the number assigned by EPA to each hazardous waste listed in COMAR 26.13.02.15—.19, and to each characteristic identified in COMAR 26.13.02.10—.14. “EPA identification number” means the number assigned by EPA or by a state acting on EPA's behalf to each generator, transporter, and treatment, storage, or disposal facility. “Equivalent method” means any testing or analytical method approved by the Secretary under Regulation .04A and B of this chapter. “Evaluated hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that: Has been evaluated by a reverse distributor in accordance with COMAR 26.13.10.49 and 40 CFR §266.510(a)(3); and Will not be sent to another reverse distributor for further evaluation or verification of manufacturer credit. “Existing hazardous waste management facility” or “existing facility” means a facility which was in operation, or for which construction had commenced, on or before November 18, 1980. Construction had commenced if: The owner or operator has obtained all necessary federal, State, and local preconstruction approvals or permits; A continuous physical, on-site construction program has begun, or the owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for construction of the facility to be completed within a reasonable time. “Existing portion” means that land surface area of an existing hazardous waste management facility on which wastes have been placed before July 26, 1982. “Existing tank system” or “existing component” means a tank system or component that is used for the storage or treatment of hazardous waste and that satisfies the following criteria: It is in operation; or It is an underground tank which cannot be entered for inspection for which installation has begun on or before July 14, 1986, or it is any other tank for which installation has begun by July 1, 1993, with the beginning of installation being determined by the criteria of COMAR 26.13.05.10A(4). “Explosive or munitions emergency” means a situation that: In the professional opinion of an explosive or munitions emergency response specialist, creates an actual or imminent threat to: Human health, including safety; or The environment, including property; and May require immediate and expeditious action by an explosives or munitions specialist to control, mitigate, or eliminate the threat involving the suspected or detected presence of: 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. “Explosives or munitions emergency response” means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency, including: For example, the following activities: 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; Activities undertaken to deal with an explosives or munitions emergency after a reasonable delay caused by a necessary, unforeseen, or uncontrollable circumstance; and Activities undertaken to deal with an explosives or munitions emergency on public lands, on private lands, at RCRA facilities, and at locations that are not RCRA facilities. “Explosives or munitions emergency response specialist” means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques, including: Department of Defense (DOD) emergency explosive ordnance disposal (EOD) personnel; DOD technical escort unit (TEU) personnel; DOD-certified civilian or contractor personnel; and Other federal, State, or local government or civilian personnel trained in explosives or munitions emergency responses similar to the individuals identified in §B(22-4)(a)—(c) of this regulation. “Facility” means all continuous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them). “Facility mailing list” means the mailing list developed by the Department in accordance with COMAR 26.13.07.20-2E(1)(d). “Federal agency” means any department, agency, or other instrumentality of the federal government, any independent agency or establishment of the federal government, including any government corporation, and the Government Printing Office. “FFDCA” means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§321-394. “FIFRA” means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136-136y. “Final closure” means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under COMAR 26.13.05 and 26.13.06 are no longer conducted at the facility unless subject to the provisions in COMAR 26.13.03.03-3—.03-10 and COMAR 26.13.03.05-1—.05-2. “Food-chain crops” means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans. “Freeboard” means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained in it. “Free liquids” means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure. “Fully regulated generator” means a person who generates hazardous waste and does not meet the definition of a Maryland-defined small quantity generator; “Generator” means any person, by site, whose act or process produces hazardous waste identified or listed in COMAR 26.13.02 or whose act first causes a hazardous waste to become subject to regulation. “Ground water” means water below the land surface in a zone of saturation. “Hazardous debris” means debris that contains a hazardous waste listed in COMAR 26.13.02.15—.19 or that exhibits a characteristic of hazardous waste identified in COMAR 26.13.02.10—.14. “Hazardous secondary material” means a secondary material, such as a spent material, by-product, or sludge, that, if discarded, would be identified as a hazardous waste under COMAR 26.13.02. “Hazardous waste” means a hazardous waste as defined in COMAR 26.13.02. Hazardous waste shall be synonymous with Controlled Hazardous Substance or CHS, except as provided in COMAR 26.13.02.06. “Hazardous waste discharge” means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste or a material listed in COMAR 26.13.02.19 which, because it is discharged, becomes a hazardous waste, onto or into the land or water. “Hazardous waste incinerator” means an enclosed device used to thermally treat or decompose a hazard waste that: Uses controlled flame combustion, does not meet the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, and is not listed as an industrial furnace; or Meets the definition of infrared incinerator or plasma arc incinerator. “Hazardous waste management unit” is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit. The unit includes containers and the land or pad upon which they are placed. Hazardous Waste Pharmaceutical. “Hazardous waste pharmaceutical” means a pharmaceutical that is a solid waste as defined in COMAR 26.13.02.02 and: Exhibits one or more characteristics identified in COMAR 26.13.02.10—.14; or Is listed in COMAR 26.13.02.15—.19. “Hazardous waste pharmaceutical” does not include: 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. Healthcare Facility. “Healthcare facility” means any person that is legally authorized to: 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. “Healthcare facility” includes, but is not limited to: 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. “Healthcare facility” does not include: 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. “Household waste pharmaceutical” means a pharmaceutical that is a solid waste, as defined in COMAR 26.13.02.02, but is excluded from being a hazardous waste under COMAR 26.13.02.04-1A(1). “In operation” refers to a facility which is treating, storing, or disposing of hazardous waste. “Inactive disposal facility” means a disposal facility that is no longer operated but is maintained to permanently contain CHS. “Inactive portion” means that portion of a facility which is not operated after the effective date of this subtitle. (See also “active portion” and “closed portion”). “Inactive range” means a military range that: Is not currently being used; Is still under military control and considered by the military to be a potential range area; and Has not been put to a new use that is incompatible with range activities. “Incompatible waste” means a hazardous waste which is unsuitable for: Placement in a particular device or facility because it may cause corrosion or decay of containment materials (for example, container inner liners or tank walls); or Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases (see COMAR 26.13.05.24 for examples). “Individual generation site” means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous. “Industrial furnace” means any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy: Cement kilns; Lime kilns; Aggregate kilns; Phosphate kilns; Coke ovens; Blast furnaces; Smelting, melting and refining furnaces including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces; Titanium dioxide chloride process oxidation reactor; Methane reforming furnaces; Pulping liquor recovery furnace; Combustion devices used in the recovery of sulfur values from spent sulfuric acid; and Such other devices as the Secretary may, by regulation, add to this list on the basis of one or more of the following factors: 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. “Infrared incinerator” means an enclosed device that: Uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion; and Is not listed as an industrial furnace. “In-ground tank” means a tank which has a portion of the tank wall situated to any degree within the ground, thereby preventing visual inspection of the external surface area of the tank that is in the ground. “Injection well” means a well into which fluids are injected. (See also “underground injection”.) “Inner liner” means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste. “Installation inspector” means an individual who is qualified to supervise the installation of tank systems by reason of that individual's knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience. “Interim status” means: The period of time beginning when the owner or operator complies with COMAR 26.13.06.01B(2), and ending when the owner or operator: 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 designation by the Secretary that the owner or operator of an affected hazardous waste management facility has met the requirements of COMAR 26.13.06.01B(2) — (4) and 26.13.07.23A. “International shipment” means the transportation of hazardous waste into or out of the jurisdiction of the United States. “Kick-back” means the excessive preservative that exudes slowly from pressure-treated wood as the wood is removed from a treatment vessel and gradually returns to atmospheric pressure. “Lamp” means an item that is: The bulb or tube portion of an electric lighting device; and Specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum. Land-Based Unit. “Land-based unit” means an area where a hazardous secondary material is placed in or on the land before recycling. “Land-based unit” does not include a land-based production unit. “Landfill” means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, or a cave. “Landfill cell” means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits. “Land treatment facility” means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface. These facilities are disposal facilities if the waste will remain after closure. “Large quantity handler of universal waste” means a universal waste handler which accumulates 5,000 kilograms or more of universal waste at any time during a calendar year. “Leachate” means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste. “Leak-detection system” means a system, capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure, which: Employs operational controls, such as daily visual inspections for releases into the secondary containment system of above-ground tanks; or Consists of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure. “Liner” means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste constituents, or leachate. Long-term Care Facility. “Long-term care facility” means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. “Long-term care facility” includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. “Long-term care facility” does not include: A group home; An independent living community; An assisted living facility; or The independent and assisted living portions of a continuing care retirement community. “Management” or “hazardous waste management” means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste. “Manifest” means the shipping document EPA Form 8700-22, including, if necessary, EPA Form 8700-22A, originated and signed in accordance with the applicable requirements of: COMAR 26.13.02—26.13.06; 40 CFR Parts 262—265; or Regulations of the state in which the shipment originated that are analogous to 40 CFR Parts 262—265. “Manifest tracking number” means the alphanumeric identification number consisting of a unique three letter suffix preceded by nine numerical digits that is preprinted in Item 4 of the manifest by a person approved by the U.S. EPA to be a source of manifests in accordance with 40 CFR §262.21(c) and (e). “Manufactured gas plant waste” means wastes generated from environmental remediation of facilities that produced gas from coal or oil for lighting, cooking, and heating during the 1800s until the mid-1900s, including, for example, tars, sludges, lampblack, light oils, spent oxide wastes, and other hydrocarbons, and soils and debris contaminated with these materials. Mercury-Containing Equipment. “Mercury-containing equipment” means a device or part of a device that contains elemental mercury integral to its function, such as a thermostat. “Mercury-containing equipment” does not mean a battery or a lamp. “Military” means the United States Department of Defense (DOD), United States Armed Services, United States Coast Guard, National Guard, United States Department of Energy (DOE), or other parties that handle military munitions under contract with or acting as an agent for these agencies. Military Munitions. “Military munitions” means all ammunition products and components produced or used by or for the U.S. Department of Defense (DOD) or the United States Armed Services for national defense and security, including military munitions under the control of the DOD, the United States Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. “Military munitions” includes: 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. “Military munitions” does not include wholly inert items, improvised explosive devices, nuclear weapons, nuclear devices, or nuclear components of weapons or devices. Military Range. “Military range” means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. “Military range” includes, for example, firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas used for the purposes identified in §B(51-5)(a) of this regulation. “Mining overburden returned to the mine site” means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine. “Miscellaneous unit” means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well, containment building, or unit eligible for a research, development, and demonstration permit under COMAR 26.13.07.19. “Movement” means that hazardous waste transported to a facility in an individual vehicle. “New hazardous waste management facility” or “new facility” means a facility which began operation, or for which construction commenced after November 18, 1980. (See also “existing hazardous waste management facility”.) “New tank system” or “new tank system component” means a tank system or component that is used for the storage or treatment of hazardous waste and that is: An underground tank which cannot be entered for inspection for which installation has begun after July 14, 1986, with the beginning of installation being determined by the criteria of COMAR 26.13.05.10A(4); or A tank for which installation has begun after July 1, 1993, and is either an underground tank which can be entered for inspection, an above-ground tank, an in-ground tank, or an on-ground tank. Non-creditable Hazardous Waste Pharmaceutical. “Non-creditable hazardous waste pharmaceutical” means: 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. “Non-creditable hazardous waste pharmaceutical” includes, but is not limited to: 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. “Non-hazardous waste pharmaceutical” means a pharmaceutical that: Is a solid waste as defined in COMAR 26.13.02.02; Is not listed in COMAR 26.13.02.15—.19; and Does not exhibit any of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14. “Non-pharmaceutical hazardous waste” means a solid waste, as defined in COMAR 26.13.02.02, that is not a pharmaceutical, as defined in this section, and: Is listed in COMAR 26.13.02.15—.19; or Exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14. Offeror. “Offeror” means a person that: 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. Unless the carrier is otherwise considered an offeror, “offeror” does not mean a carrier that: 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. “On-ground tank” means a tank that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected. “On-site” means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing, as opposed to going along, the right-of-way. Noncontiguous properties, owned by the same person but connected by a right-of-way which the property owner controls and to which the public does not have access, are also considered on-site property. “Open burning” means the combustion of any material without the following characteristics: Control of combustion air to maintain adequate temperature for efficient combustion; Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and Control of emission of the gaseous combustion products. (See also “thermal destruction” and “thermal treatment”.) “Operator” means the person responsible for the overall operation of a facility. “Owner” means the person who owns a facility or part of a facility. “Part A” means information submitted to satisfy the informational requirements of COMAR 26.13.07.02D(1)—(14). “Part B” means information submitted to satisfy the informational requirements of COMAR 26.13.07.02D(15)—(38), .02-1-.02-11, and any additional information requested by the Secretary in connection with an application for a CHS facility permit. “Partial closure” means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of COMAR 26.13.05 and 26.13.06 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate. “PCB-containing lamp ballast” means a device that: Limits the lamp current of fluorescent or mercury lamps to the value required for proper operation by means of inductance, capacitance, or resistance, singly or in combination; Provides for low-voltage cathode heating for rapid-start lamps; May include capacitor-discharge resistors and a capacitor for power-factor correction; and Incorporates polychlorinated biphenyls (PCBs) as an element of the device's composition. “Person” means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. “Personnel” or “facility personnel” means all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of COMAR 26.13.05 or 23.13.06. Pesticide. “Pesticide” means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than the substances identified in §B(62-1)(b) of this regulation; “Pesticide” does not mean: 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. Pharmaceutical. “Pharmaceutical” means: 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. “Pharmaceutical” includes, but is not limited to: 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. “Pharmaceutical” does not include dental amalgam or sharps. “Pile” means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building. “Plasma arc incinerator” means an enclosed device that: Uses a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion; and Is not listed as an industrial furnace. “Point source” means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. Potentially Creditable Hazardous Waste Pharmaceutical. “Potentially creditable hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that: 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. “Potentially creditable hazardous waste pharmaceutical” does not include: An evaluated hazardous waste pharmaceutical; or Nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements. “Primary exporter” means a person who is: Required to originate the manifest for a shipment of hazardous waste in accordance with COMAR 26.13.03.04, who specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent; or An intermediary arranging for the export of a hazardous waste to a receiving country. “Publicly owned treatment works” or “POTW” means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial waste of a liquid nature which is owned by a State or municipality (as defined by Section 502(4) of the CWA). “Qualified ground water scientist” means a scientist or engineer who: Has received a baccalaureate or a post-graduate degree in the natural sciences or engineering; Is able to make sound professional judgements regarding ground water monitoring and contaminant fate and transport as a result of having obtained sufficient training and experience in ground water hydrology and related fields; and Is able to demonstrate the capability described in §B(65-1)(b) of this regulation by having: Obtained relevant state registration; Obtained relevant professional certifications; or Completed relevant accredited university courses. “RCRA” means the Solid Waste Disposal Act, as amended (42 U.S.C. §§6901—6991i). “Receiving country” means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal, except short-term storage incidental to transportation. “Recognized trader” means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes. “Representative sample” means a sample of a universe or whole (for example, waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole. Reverse Distributor. “Reverse distributor” means a person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. “Reverse distributor” includes a forward distributor, a third-party logistics provider, a pharmaceutical manufacturer, or another person who processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit. “Run-off” means any rainwater, leachate, or other liquid that drains over land from any part of a facility. “Run-on” means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. “Sanitization operation” means the irreversible modification or destruction of a component or part of a component of a nuclear weapon, device, trainer, or test assembly as necessary to prevent revealing classified or otherwise controlled information, such as unclassified information that is restricted from the standpoint of export control because of its significance for nuclear explosives research, development, fabrication, or proliferation purposes, as required by the Atomic Energy Act of 1954, as amended. “Saturated zone” or “zone of saturation” means that part of the earth's crust in which all voids are filled with water. Secondary Material. “Secondary material” means a used or residual waste-like material. “Secondary material” includes: 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. “Secretary” means the Secretary of the Environment or the designee of the Secretary of the Environment. “Sludge” means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. “Sludge dryer” means an enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu per pound of sludge treated on a wet-weight basis. “Small quantity handler of universal waste” means a universal waste handler that does not accumulate 5,000 kilograms or more of universal waste at any time during a calendar year. “Solid waste” means a solid waste as defined in COMAR 26.13.02. “Solvent-contaminated wipe” means a wipe that, after use or after cleaning up a spill, meets any of the following conditions: Contains one or more of the F001 through F005 solvents listed in COMAR 26.13.02.16A or the corresponding P- or U-listed solvents found in COMAR 26.13.02.19; Exhibits a hazardous characteristic found in COMAR 26.13.02.10—.14 if that characteristic results from a solvent listed in COMAR 26.13.02.15—.19; or Exhibits only the characteristic of ignitability found in COMAR 26.13.02.11 due to the presence of one or more solvents that are not listed in COMAR 26.13.02.15—.19. “Spill” means the accidental spilling, leaking, pumping, pouring, emitting, or dumping of hazardous wastes or materials which, when spilled, become hazardous wastes into or onto any land or water. “State” means any of several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. “Storage” means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. Sump. “Sump” means, except as provided in §B(76-1)(b) of this regulation, any pit or reservoir that is a tank, and the troughs or trenches connected to it, that serves to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities. “Sump” means, in the context of regulations in this subtitle for landfills, surface impoundments, and waste piles, a lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system. “Surface impoundment” or “impoundment” means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. “Tank” means a stationary device, designed to contain an accumulation of hazardous wastes which is constructed primarily of nonearthen materials (for example, wood, concrete, steel, plastic) which provide structural support. “Tank system” means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system. “Thermal destruction” means thermal treatment using controlled flame combustion. “Thermally destroy” or “incinerate” means the act of thermal destruction. “Thermal treatment” means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also “hazardous waste incinerator” and “open burning”.) “Thermostat” means: A temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element; or A mercury-containing ampule that has been removed from a temperature control device described in §B(80-1)(a) of this regulation in accordance with the requirements of COMAR 26.13.10.14B(2), either by: A small quantity handler of universal waste; or A large quantity handler of universal waste operating in compliance with COMAR 26.13.10.20C. “Totally enclosed treatment facility” means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent of hazardous waste into the environment during treatment. “Transit country” means a foreign country, other than a receiving country, through which a hazardous waste is transported. “Transportation” means the movement of hazardous waste by air, rail, highway, or water. “Transport vehicle” means a motor vehicle, vessel, or rail car used for the transportation of hazardous waste by any mode. Each cargo-carrying body (trailer, railroad car, etc.) is a separate transport vehicle. “Transporter” means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water. Treatability Study. “Treatability study” means a study in which a hazardous waste is subjected to a treatment process to determine whether the waste is amenable to the treatment process, what pretreatment if any is required, the optimal process conditions needed to achieve the desired treatment, the efficiency of a treatment process for a specific waste or wastes, or the characteristics and volumes of residuals from a particular treatment process. “Treatability study” also includes, for the purpose of the exemptions of COMAR 26.13.02.04-4 and .04-5, liner compatibility, corrosion, and other material compatibility studies, and toxicological and health effects studies. “Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so far as to: Neutralize the waste; Recover energy or material resources from the waste; Render the waste: Nonhazardous or less hazardous; Safer to transport, store, or dispose of; or Amenable for recovery, amenable for storage, or reduced in volume. “Underground injection” means the subsurface emplacement of fluids through a bored, drilled, or driven well, or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also “injection well”.) “Underground tank” means a tank that has its entire surface area totally below the surface of and covered by the ground. “Unexploded ordnance (UXO)” means military munitions that: Have been primed, fused, armed, or otherwise prepared for action; Have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and Remain unexploded either by malfunction, design, or any other cause. “Unfit-for-use tank system” means a tank system that has been determined through an integrity assessment or other inspection to be capable no longer of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment. “Unsaturated zone” or “zone of aeration” means the zone between the land surface and the water table. “United States” means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. “Universal waste” means any of the following hazardous wastes that are managed under the universal waste requirements of COMAR 26.13.10.06—.25: Batteries as described in COMAR 26.13.10.07; Pesticides as described in COMAR 26.13.10.08; Mercury-containing equipment, lamps, or PCB-containing lamp ballasts, each as described in COMAR 26.13.10.09; or Aerosol cans as described in COMAR 26.13.10.09-1. Universal Waste Handler. “Universal waste handler” means: 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. “Universal waste handler” does not mean a: 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. “Universal waste transfer facility” means any transportation-related facility, including loading docks, parking areas, storage areas, and other similar areas, where shipments of universal waste are held during the normal course of transportation. “Universal waste transporter” means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water. “Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facilities' property boundary. “Used, broken cathode ray tube (CRT)” means a CRT for which the glass has been removed from its housing or casing and from which the vacuum has been eliminated. “Used, intact cathode ray tube (CRT) means a CRT from which the vacuum has not been eliminated. “Used oil” means oil that has been refined from crude oil, or any synthetic oil, that has been used and, as a result of the use, is contaminated by physical or chemical impurities. “Used oil re-refining distillation bottoms” means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. “User of the electronic manifest system” means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person who: Is required to use a manifest to comply with: 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 Elects to use the: 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. “Vessel” means every description of watercraft used, or capable of being used, as a means of transportation on the water. “Wastewater treatment unit” means a device which: Is part of a wastewater treatment facility which is subject to regulation under either §402 or 307(b) of the Clean Water Act; Receives and treats or stores an influent wastewater which is a hazardous waste as defined in COMAR 26.13.02 or generates and accumulates a wastewater treatment sludge which is hazardous waste as defined in COMAR 26.13.02 or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in COMAR 26.13.02; and Is a tank or tank system. “Water (bulk shipment)” means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels. “Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in. “Well injection” (see “underground injection”). “Wipe” means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material. “Zone of engineering control” means an area under the control of an owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up before any hazardous waste or hazardous constituents are released to ground water or surface water. Manifest Copy Submission — Certain Interstate Waste Shipments. If the state in which a waste is generated or the state in which waste will be transported to a designated facility requires that the waste be regulated as a hazardous waste or otherwise tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located: Complete the facility portion of the applicable manifest; Sign and date the facility certification; Submit to the electronic manifest system a final copy of the manifest for data processing purposes; and Satisfy requirements established and enforced by the federal government to pay the appropriate per-manifest fee to EPA for each manifest submitted to the electronic manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements that are specified in 40 CFR Part 264, Subpart FF. Applicability of E-manifest System and User Fee Requirements — Facilities Receiving State-Only Regulated Waste. For the purposes of this section, “state-only regulated waste” means a: Waste that is not regulated as hazardous under the federal RCRA Subtitle C regulatory program that a state regulates more broadly under its state regulatory program; or Waste that is regulated as hazardous under the federal RCRA Subtitle C regulatory program that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law. If a state requires a manifest as defined in Regulation .03B of this chapter to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving the state-only regulated waste shall: Comply with the provisions of: COMAR 26.13.05.05B, regarding use of the manifest; and COMAR 26.13.05.05C, regarding manifest discrepancies; and Satisfy requirements established and enforced by the federal government to pay the appropriate per-manifest fee to EPA for each manifest submitted to the electronic manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements that are specified in 40 CFR Part 264, Subpart FF. General. Any person may petition the Secretary to modify or revoke any provision in this subtitle. This section sets forth general requirements which apply to these petitions. Section B of this regulation sets forth additional requirements for petitions to add a testing or analytical method to COMAR 26.13.02, 26.13.05, or 26.13.06. Section C of this regulation sets forth additional requirements for petitions to exclude a waste at a particular facility from COMAR 26.13.02.03 or the lists of hazardous wastes in COMAR 26.13.02.15—.19. Section J of this regulation sets forth additional requirements for petitions to amend COMAR 26.13.10.06—.25 to include additional hazardous waste as universal waste. Each petition shall be submitted to the Secretary by certified mail and shall include: The petitioner's name and address; A statement of the petitioner's interest in the proposed action; A description of the proposed action, including (when appropriate) suggested regulatory language; and A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information. The Secretary will make a tentative decision to grant or deny a petition and will publish notice of the tentative decision, either in the form of an advanced notice of proposed rule making, a proposed rule, or a tentative determination to deny the petition, in the Maryland Register for written public comment. Upon the written request of any interested person, the Secretary may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing shall state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The Secretary may in any case decide on his own motion to hold an informal public hearing. After evaluating all public comments, the Secretary will make a final decision by publishing in the Maryland Register a regulatory amendment or a denial of the petition. Petitions for Equivalent Testing or Analytical Methods. Any person seeking to add a testing or analytical method to COMAR 26.13.02, 26.13.05, or 26.13.06 may petition for a regulatory amendment under this section and §A of this regulation. To be successful, the person shall demonstrate to the satisfaction of the Secretary that the proposed method is equal to or superior to the corresponding method prescribed in COMAR 26.13.02, 26.13.05, or 26.13.06 in terms of its sensitivity, accuracy, and precision, that is, its reproducibility. Each petition shall include, in addition to the information required by §A(2) of this regulation: A full description of the proposed method, including all procedural steps and equipment used in the method; A description of the types of wastes or waste matrices for which the proposed method may be used; Comparative results obtained from using the relevant or corresponding methods prescribed in COMAR 26.13.02, 26.13.05, or 26.13.06; An assessment of any factors which may interfere with, or limit the use of, the proposed method; and A description of the quality control procedures necessary to ensure the sensitivity, accuracy, and precision of the proposed method. After receiving a petition for an equivalent method, the Secretary may request any additional information on the proposed method which he may reasonably require to evaluate the method. Procedures to Amend COMAR 26.13.02 to Exclude a Waste Produced at a Particular Facility. This section establishes procedures under which waste from a particular generating facility may be excluded from the lists in COMAR 26.13.02.15—.19. For a waste that is listed as a hazardous waste in both 40 CFR Part 261, Subpart D, and COMAR 26.13.02.15—.19: A person who seeks to exclude the waste from the lists in COMAR 26.13.02.15—.19 shall do so by petitioning the Administrator of the U.S. Environmental Protection Agency, following the procedures in 40 CFR §260.22; and If the petition submitted in accordance with §B-1(2)(a) of this regulation is successful: 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. For a waste that is listed as a hazardous waste in COMAR 26.13.02.15—.19, but not in 40 CFR Part 261, Subpart D: A person who seeks to exclude the waste from the lists in COMAR 26.13.02.15—.19 shall do so by following the procedures in §C of this regulation; and If the petition submitted in accordance with §C of this regulation is successful, the Department will identify the waste in COMAR 26.13.02.26. Petitions to Amend COMAR 26.13.02 to Exclude a Waste Produced at a Particular Facility. A person seeking to exclude a waste identified in §B-1(3) of this regulation that is generated at a particular generating facility from the lists in COMAR 26.13.02.15—.19 may petition for a regulatory amendment under this section and §A of this regulation, but the petitioner shall be successful only if: The petitioner demonstrates to the satisfaction of the Secretary that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous or an acutely hazardous waste; The petitioner satisfies the requirements of §C(3)—(8) of this regulation; and Even if the Secretary has a reasonable basis to believe that factors other than those for which the waste was listed could cause the waste to be a hazardous waste, the Secretary determines that these factors do not warrant retaining the waste as a hazardous waste, subject to the following: 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. Procedures. Subject to §C(2)(b) of this regulation, a person may use the procedures in this section and §A of this regulation to petition the Secretary for a regulatory amendment to exclude from COMAR 26.13.02.03A(2)(b) or B a waste that is described in those sections and is a waste that: 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. The following conditions apply in connection with petitions made under this section: 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. If the waste is listed with codes “I”, “C”, “R”, or “E” in COMAR 26.13.02.15—.19: The petitioner shall show that the waste does not exhibit the relevant characteristic for which the waste was listed as defined in COMAR 26.13.02.11—.14 using any applicable methods prescribed there. The petitioner shall also show that the waste does not exhibit any of the other characteristics defined in COMAR 26.13.02.11—.14 using any applicable methods prescribed there. Based on a complete application, the Secretary shall determine when he has a reasonable basis to believe that factors, including additional constituents, other than those for which the waste was listed could cause the waste to be a hazardous waste, that these factors do not warrant retaining the waste as a hazardous waste. A waste which is so excluded, however, still may be a hazardous waste by operation of COMAR 26.13.02.10—.14. For waste listed with code “T” in COMAR 26.13.02.15—.19: The petitioner shall demonstrate that the waste: 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; Based on a complete application, the Secretary shall determine, when he has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that these factors do not warrant retaining the waste as a hazardous waste; The petitioner shall demonstrate that the waste does not exhibit any of the characteristics defined in COMAR 26.13.02.10—.14 using any applicable methods prescribed there; and A waste which is so excluded, however, still may be a hazardous waste under COMAR 26.13.02.10—.14. If the waste is listed with the code “H” in COMAR 26.13.02.15—.19: The petitioner shall demonstrate that the waste does not meet the criterion of COMAR 26.13.02.09A(2); Based on a complete application, the Secretary shall determine, when he has a reasonable basis to believe that additional factors, including additional constituents, other than those for which the waste was listed could cause the waste to be a hazardous waste, that these factors do not warrant retaining the waste as a hazardous waste; The petitioner shall demonstrate that the waste does not exhibit any of the characteristics defined in COMAR 26.13.02.11—.14 using any applicable methods prescribed there; and A waste which is so excluded, however, still may be a hazardous waste by operation of COMAR 26.13.02.10—.14. Demonstration samples shall consist of enough representative samples, but not less than four samples, taken over a period of time sufficient to represent the variability or the uniformity of the waste. Each petition shall include, in addition to the information required by Regulation .04A(2): The name and address of the laboratory facility performing the sampling or tests of the waste; The names and qualifications of the persons sampling and testing the waste; The dates of sampling and testing; The location of the generating facility; A description of the manufacturing processes or other operations and feed materials producing the waste and an assessment of whether these processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration; A description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered by the demonstration; Pertinent data on and discussion of the factors delineated in the respective criterion for listing a hazardous waste, where the demonstration is based on the factors in COMAR 26.13.02.09A(3); A description of the methodologies and equipment used to obtain the representative samples; A description of the sample handling and preparation techniques used for extraction, containerization, and preservation of the samples; A description of the tests performed (including results); The names and model numbers of the instruments used in performing the tests; and The following statement signed by the generator of the waste or his authorized representative: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. After receiving a petition for an exclusion, the Secretary may request any additional information which he may reasonably require to evaluate the petition. An exclusion will only apply to the waste generated at the individual facility covered by the demonstration and will not apply to waste from any other facility. The Secretary may exclude only part of the waste from which the demonstration is submitted when he has reason to believe that variability of the waste justifies a partial exclusion. Variances from Classification as a Solid Waste. In accordance with the standards and criteria in §E of this regulation and the procedures in §G of this regulation, the Secretary may determine on a case-by-case basis that the following recycled materials are not solid wastes: Material accumulated speculatively without sufficient amounts being recycled as defined in COMAR 26.13.02.01D; Materials that are reclaimed and then reused within the original primary production process in which they were generated; Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered; Hazardous secondary materials that are reclaimed in a continuous industrial process; and Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate. Standards and Criteria for Variances from Classification as a Solid Waste. The Secretary may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The Secretary's decision will be based on all of the following standards and criteria: The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur, as evidenced by, for example, past practices, market factors, the nature of the material, or contractual arrangements for recycling. The reason that the applicant has accumulated the material for one or more years without recycling 75 percent of the volume accumulated at the beginning of the year. The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled. The extent to which the material is handled to minimize loss. Other relevant factors. The Secretary may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original primary production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria: How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials; The prevalence of the practice on an industry-wide basis; The extent to which the material is handled before reclamation to minimize loss; The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process; The location of the reclamation operation in relation to the production process; Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form; Whether the person who generates the material also reclaims it; and Other relevant factors. The Secretary: May grant requests for a variance from classifying as a solid waste those hazardous secondary materials that have been partially reclaimed but must be reclaimed further before recovery is completed if the partial reclamation has produced a commodity-like material; and Shall base a determination that a partially reclaimed material is commodity-like on whether the hazardous secondary material is legitimately recycled, as specified in §L of this regulation, and on whether all of the following decision criteria are satisfied: 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. Variance to be Classified as a Boiler. In accordance with the standards and criteria in Regulation .03B(5) of this chapter defining “boiler”, and the procedure in §G of this regulation, the Secretary may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in Regulation .03B(5) of this chapter, after considering the following criteria: The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; The extent to which the combustion chamber and energy recovery equipment are of integral design; The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; The extent to which exported energy is used; The extent to which the device is in common and customary use as a “boiler” functioning primarily to produce steam, heated fluids, or heated gases; and Other factors, as appropriate. Procedures for Variances from Classification as a Solid Waste or Classification as a Boiler. The Secretary shall use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed flame combustion devices as boilers: The applicant shall apply to the Secretary. The application shall address the relevant criteria contained in §E or F of this regulation. The Secretary: Shall evaluate the application for the variance and issue a draft notice tentatively granting or denying the application; Shall provide notification of this tentative decision by newspaper advertisement and radio broadcast in the locality where the recycler is located; Shall accept comment on the tentative decision for 45 days; May hold a public hearing on the tentative decision upon request or at the Secretary's discretion; and Shall issue a final decision after receipt of comments and after any scheduled hearing. If there is a change in circumstances that affects how a hazardous secondary material meets the relevant criteria in §E or F of this regulation upon which a variance had been based, the applicant shall send a description of the change to the Secretary. The Secretary may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance, or may require the applicant to reapply for the variance. Expiration of Variances. The Secretary shall specify a fixed term not to exceed 10 years during which a variance is effective. If a person wishes to continue to operate under a variance, the person shall, no later than 6 months before the end of the fixed term specified under §G(4)(a) of this regulation, reapply for the variance. If a person submits a complete application within 6 months of the end of the fixed term of the variance, the person may continue to operate under the expired variance until receiving a decision on the reapplication from the Secretary. A person who receives a variance under this section shall provide notification in accordance with §K of this regulation. Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-By-Case Basis. The Secretary may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in COMAR 26.13.02.06A(2)(b)(iii) shall be regulated under COMAR 26.13.02.06B and C. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the Secretary shall consider the following factors: The types of materials accumulated or stored and the amounts accumulated or stored; The method of accumulation or storage; The length of time the materials have been accumulated or stored before being reclaimed; Whether any contaminants are being released into the environment, or are likely to be so released; and Other relevant factors. The procedures for this decision are set forth in §I of this regulation. Procedures for Case-By-Case Regulation of Hazardous Waste Recycling Activities. The Secretary shall use the following procedures when determining whether to regulate hazardous waste recycling activities described in COMAR 26.13.02.06A(2)(b)(iii), under the provisions of COMAR 26.13.02.06B and C, rather than under the provisions of COMAR 26.13.10.03: If a generator is accumulating the waste: The Secretary shall issue a notice setting forth the factual basis for the decision to regulate and stating that the person shall comply with the applicable requirements of COMAR 26.13.03.01—.03 and .05—.07; The notice referred to in §I(1)(a) of this regulation becomes final within 30 days, unless the person served challenges the decision; and If the person who is served a notice under §I(1)(a) of this regulation challenges the serving of the notice, the Secretary shall: 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. If the person is accumulating the recyclable material at a storage facility, the Secretary shall issue a notice stating that the person shall obtain a permit in accordance with all applicable provisions of COMAR 26.13.07. The following additional requirements apply in instances when the person is accumulating the recyclable material at a storage facility: The owner or operator of the facility shall apply for a permit within not less than 60 days and not more than 6 months of notice under §I(2) of this regulation, as specified in the notice; The owner or operator of the facility may challenge the Secretary's decision under §I(2) of this regulation to require a permit in: 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; The Secretary shall specify in the fact sheet accompanying the permit for the storage facility the reasons for the Secretary's determination that a permit is required; and The question of whether the Secretary's decision to require a permit was proper remains open for consideration during the public comment period associated with the permit and in any subsequent hearing on the permit. Petitions to Amend COMAR 26.13.10.06—.25 to Include Additional Hazardous Wastes as Universal Wastes. A person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of COMAR 26.13.10.06—.25 may petition for a regulatory amendment under this section, §A of this regulation, and COMAR 26.13.10.25. To be successful, a petitioner shall: Demonstrate to the satisfaction of the Secretary that regulation under the universal waste regulations of COMAR 26.13.10.06—.25: 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; Include in the petition the information required by §A(2) of this regulation; and Address in the petition as many of the factors listed in COMAR 26.13.10.25B as are appropriate for the waste or category of waste that is the subject of the petition. The Secretary shall: Grant or deny a petition to include additional hazardous wastes as universal wastes using the factors listed in COMAR 26.13.10.25B to evaluate the merits of the petition; Base the decision to grant or deny the petition on the weight of evidence showing that regulation under COMAR 26.13.10.06—.25: 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 Secretary may request additional information to evaluate the merits of a petition to include additional hazardous wastes as universal wastes. Notification Requirements for Variances from Classification as a Solid Waste. A person managing a hazardous secondary material under a variance granted in accordance with §D of this regulation shall provide notification in accordance with the requirements of this section. A person providing notification under §K(1) of this regulation shall: Provide notification to the Department before operating under the variance and by March 1 of each even-numbered year thereafter using EPA Form 8700-12 or another method acceptable to the Department; and Include the following information in the notification: 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. If a person managing hazardous secondary materials has submitted a notification, but then subsequently stops managing hazardous secondary materials under a variance granted under §D of this regulation, the person shall notify the Department within 30 days using EPA Form 8700-12. For the purposes of this requirement, a facility is considered to have stopped managing hazardous secondary materials if the facility no longer generates, manages, or reclaims hazardous secondary materials under §D of this regulation and does not expect to manage any amount of hazardous secondary materials for at least 1 year. Legitimate Recycling of Hazardous Secondary Materials. General Considerations. The recycling of a hazardous secondary material may qualify for an exclusion or exemption from the hazardous waste regulations only if the recycling is legitimate, as specified in this section. A hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. To demonstrate that an activity claimed to be recycling is legitimate recycling, a person shall: Address all the requirements of §L(2) of this regulation; and Consider the requirements of §L(3) of this regulation. The Secretary: 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. Mandatory Criteria. In order to be considered legitimate recycling, an activity is required to: Involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process by: 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; Produce a valuable product or intermediate, as indicated by the product or intermediate being: 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 Be conducted in a manner that results in the hazardous secondary material being managed as a valuable commodity when it is under the control of the generator and the recycler, as indicated by the generator and recycler: 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. Supplemental Factors. In evaluating whether an activity that is claimed to be recycling is legitimate recycling, a person shall consider whether the product of the recycling process: 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. If one or more of the conditions in §L(3)(a) of this regulation is met by a product of a recycling process: 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. Criteria to Be Considered Contained. For the purposes of this section, a hazardous secondary material is considered to be contained if the material is held in a unit, including a land-based unit, that meets the following criteria: 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. A hazardous secondary material is presumptively contained if it is held in a unit that meets the standards in COMAR 26.13.05 or 26.13.06 that would be applicable to the hazardous secondary material if it were regulated as a hazardous waste. When used in COMAR 26.13.01—26.13.10, the following publications are incorporated by reference: “ASTM Standard Test Methods of Flash Point of Liquids by Setaflash Closed Tester.” ASTM Standard D-3278-78 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. “ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester,” ASTM Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. “NFPA 30 Flammable and Combustible Liquids Code” (1990), available from the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA SW-846, Third Edition (1986), as amended by Update I (July, 1992), Update II (September, 1994), Update IIA (August, 1993), and Update IIB (January, 1995). Refer to 40 CFR §260.11 for information on availability of these documents. Incorporation of Federal Regulations by Reference. As qualified by §B(2) of this regulation, certain federal regulations are incorporated by reference as follows: When used in COMAR 26.13.05, 40 CFR §§144.3 and 264.140—264.151 as of July 1, 2024, are incorporated by reference; When used in COMAR 26.13.06, the federal regulations as of July 1, 2024, in 40 CFR §§265.90—265.94, 265.140—265.148, 265.270—265.282, 265.340—265.351, 265.370—265.382, and 265.400—265.406 are incorporated by reference; When used in COMAR 26.13.01—26.13.10, Appendix IX of 40 CFR Part 264, as amended (Ground Water Monitoring List is incorporated by reference; When used in COMAR 26.13.03.07, the federal regulations as of July 1, 2024, in 40 CFR §§262.81—262.89 are incorporated by reference; When used in COMAR 26.13.02, Appendix VIII of 40 CFR Part 261, as amended, and Appendix IX of 40 CFR Part 261, as amended, are incorporated by reference; When used in COMAR 26.13.01—26.13.10, 49 CFR 171—180, 387, and 396, as amended, are incorporated by reference; When used in COMAR 26.13.02.17D, the federal regulations as of July 1, 2024 in 40 CFR §261.32(d) are incorporated by reference; When used in COMAR 26.13.02.19-7, the federal regulations as of July 1, 2024, in 40 CFR §261.39(a)(5) are incorporated by reference; When used in COMAR 26.13.02.19-8 the federal regulations as of July 1, 2024, in 40 CFR §261.41 are incorporated by reference; When used in COMAR 26.13.03.05F(4), the federal regulations as of July 1, 2024, in 40 CFR §314(e) are incorporated by reference; When used in COMAR 26.13.03.07, the federal regulations as of July 1, 2024, in 40 CFR Part 262, Subpart H, are incorporated by reference; When used in COMAR 26.13.05.02C(1), the federal regulations as of July 1, 2024, in 40 CFR §264.12(a) are incorporated by reference; When used in COMAR 26.13.05.04G(4), 40 CFR Part 302, as amended, is incorporated by reference; When used in COMAR 26.13.05.11, the federal regulations as of July 1, 2024, in 40 CFR §§264.221(c)(2)(i)—(iv) and .223(b)—(d) are incorporated by reference; When used in COMAR 26.13.05.12, the federal regulations as of July 1, 2024, in 40 CFR §253(b) and (c) are incorporated by reference; When used in COMAR 26.13.05.14, the federal regulations as of July 1, 2024, in 40 CFR §§264.301(c)(3)(i)—(v), .301(c)(5), .303(c), and .304(b) are incorporated by reference; When used in COMAR 26.13.06.19, the federal regulations as of July 1, 2024, in 40 CFR §§265.222 and .223 are incorporated by reference; When used in COMAR 26.13.06.20, the federal regulations as of July 1, 2024, in 40 CFR §§265.254, .255, and .259 are incorporated by reference; When used in COMAR 26.13.06.22, the federal regulations as of July 1, 2024, in 40 CFR §§265.302 and .303 are incorporated by reference; When used in COMAR 26.13.07.13-2A(13), the federal regulations as of July 1, 2024, in Appendix I of 40 CFR §270.42 are incorporated by reference; and Except as qualified by COMAR 26.13.09.03, when used in used in COMAR 26.13.01—26.13.10, the federal regulations as of July 1, 2024, in 40 CFR Part 268 are incorporated by reference. When used in COMAR 26.13.10.49C, the federal regulations as of July 1, 2024, in 40 CFR §§266.510(a), (b)(1), b(2), b(4), c(1)—(4), and c(7)—(10) are incorporated by reference. References to Other Federal Regulations in Federal Regulations That Have Been Incorporated by Reference. Unless otherwise noted in this subtitle, for the purposes of this subtitle a reference to a federal regulation within a federal regulation that has been incorporated by reference in §B(1) of this regulation shall be to the analogous provision within the Code of Maryland Regulations. The following table lists federal regulations and the analogous provisions within the Code of Maryland Regulations: When used in COMAR 26.13.01—26.13.10, the following federal statutory provisions are incorporated by reference: The minimum technological requirements of: §3004(o)(1) of RCRA, §3004(o)(2) and (3) of RCRA, except that “the Administrator” shall be replaced by “the Administrator or the Secretary”; The requirements concerning interim status surface impoundments in: §3005(j)(1)—(4) of RCRA, and §3005(j)(13) of RCRA, except that the phrase “The Administrator may modify the requirements of paragraph (1)” shall be replaced by the phrase “The Administrator or the Secretary may modify the requirements of paragraph (1)”; The notification requirements of §3010 of RCRA; and The requirements concerning exposure information in §3019 of RCRA. Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulations .01—.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 .02A and .03B amended effective January 18, 1982 (9:1 Md. R. 20) Regulation .02A-1 adopted effective February 13, 1984 (11:3 Md. R. 202) Regulation .02D adopted effective January 18, 1982 (9:1 Md. R. 20) Regulation .03B amended effective January 31, 1983 (10:2 Md. R. 110); February 13, 1984 (11:3 Md. R. 202); July 30, 1984 (11:15 Md. R. 1330); April 18, 1988 (15:8 Md. R. 1009) Regulation .04C amended, D—I adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .05 adopted effective January 31, 1983 (10:2 Md. R. 110) Regulation .05A amended effective April 18, 1988 (15:8 Md. R. 1009) Chapter recodified from COMAR 10.51.01 to COMAR 26.13.01 Regulation .01B amended effective October 16, 2000 (27:20 Md. R. 1843) Regulation .02A amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .02F adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .03B amended effective April 1, 1991 (18:6 Md. R. 690); December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533); August 28, 1995 (22:17 Md. R. 1321); September 10, 1997 (24:5 Md. R. 413); September 7, 1998 (25:18 Md. R. 1438); October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647); September 11, 2006 (33:18 Md. R. 1507); May 1, 2008 (35:8 Md. R. 809); January 18, 2016 (43:1 Md. R. 14); May 3, 2021 (48:9 Md. R. 359); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .03-1 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .04 amended effective October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14) Regulation .04F amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .04I amended effective December 23, 1991 (18:25 Md. R. 2759); October 16, 2000 (27:20 Md. R. 1843) Regulation .04L amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .05A amended effective December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853); September 10, 1997 (24:5 Md. R. 413); October 16, 2000 (27:20 Md. R. 1843) Regulation .05B amended effective October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); January 18, 2016 (43:1 Md. R. 14); May 3, 2021 (48:9 Md. R. 359); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .05C adopted effective October 16, 2000 (27:20 Md. R. 1843) This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under COMAR 26.13.03—26.13.10. In this chapter: Regulations .01—.07 define the terms “solid waste” and “hazardous waste”, identify those wastes which are excluded from regulation under COMAR 26.13.03—26.13.07, 26.13.09 and 26.13.10 and establish special management requirements for hazardous waste produced by small quantity generators and hazardous waste which is used, re-used, recycled, or reclaimed. Regulations .08 and .09 set forth the criteria used by the Department to identify characteristics of hazardous waste and to list particular hazardous wastes. Regulations .10—.14 identify characteristics of hazardous waste. Regulations .15—.19 list particular hazardous wastes. General. The definition of solid waste contained in this chapter applies only to wastes that also are hazardous for purposes of this subtitle. For example, it does not apply to materials such as nonhazardous scrap, paper, textiles, or rubber that are not otherwise hazardous wastes and that are recycled. This chapter identifies only some of the materials which are solid wastes and hazardous wastes under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland. Definitions. For the purposes of Regulations .02, .04, and .06 of this chapter, the following terms have the meanings indicated: By-Product. “By-product” means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process, such as slags, distillation column bottoms, or other process residues. “By-product” does not include a co-product that is produced for the general public's use and is ordinarily used in the form produced by the process. “Excluded scrap metal” means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal. “Home scrap metal” means scrap metal as generated by steel mills, foundries, and refineries, and includes, for example, turnings, cuttings, punchings, and borings. Material Accumulated Speculatively. “Material accumulated speculatively” means a material that is accumulated before being recycled. “Material accumulated speculatively” does not include a material for which the person accumulating the material can show that the material is potentially recyclable and has a feasible means of being recycled, and that during the calendar year which commences on January 1, the amount of material that is recycled or transferred to a different site for recycling equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period, subject to the following: 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. Processed Scrap Metal. “Processed scrap metal” means scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. “Processed scrap metal” includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type, and fines, drosses, and related materials which have been agglomerated. “Processed scrap metal” does not include shredded circuit boards being sent for recycling, which are excluded from the definition of solid waste under Regulation .04A(12) of this chapter. Prompt Scrap Metal. “Prompt scrap metal”, also known as “industrial scrap metal” or “new scrap metal”, means scrap metal as generated by the metal working or metal fabrication industries. “Prompt scrap metal” includes scrap metal such as turnings, cuttings, punchings, and borings. Reclaimed Material. “Reclaimed material” means material that is processed to recover a usable product or is regenerated. “Reclaimed material” includes, for example, recovery of lead values from spent batteries and regeneration of spent solvents. “Recycled material” means material that is used, reused, or reclaimed. “Reused or used material” means a material that is employed in either one of the following: As an ingredient including use as an intermediate, in an industrial process to make a product, such as distillation bottoms from one process used as feedstock in another process, except that a material does not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary materials; or In a particular function or application as an effective substitute for a commercial product such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment. “Scrap metal” means bits and pieces of metal parts such as bars, turnings, rods, sheets, or wire or metal pieces that may be combined together with bolts or soldering such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous can be recycled. “Sludge” has the meaning stated in COMAR 26.13.01.03B(72). “Spent material” means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing. Solid Waste and Discarded Material. A solid waste is any discarded material that is not excluded by Regulation .04 of this chapter or that is not excluded by a variance granted under COMAR 26.13.01.04D and E. A discarded material is any material which is: Abandoned, as explained in §B of this regulation; Recycled, as explained in §C of this regulation; Considered inherently waste-like, as explained in §D of this regulation; or A military munition identified as a solid waste in COMAR 26.13.10.27B. Materials are solid waste if they are abandoned. For purposes of this subtitle, “abandoned” means: Disposed of; Burned or incinerated; Accumulated, stored, or treated (but not recycled) before or instead of being abandoned by being disposed of, burned, or incinerated; or Sham recycled, as explained in §H of this regulation. Materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling, as follows: Used in a Manner Constituting Disposal. Except as provided in §C(1)(b) of this regulation, materials noted with an asterisk in §G of this regulation, column 1 of Table 1, are solid wastes when they are: 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). Commercial chemical products that exhibit a characteristic of hazardous waste or that are listed in Regulation .19 of this chapter are not solid wastes if they are applied to the land and that is their ordinary manner of use. Materials Burned for Energy Recovery. Except as provided in §C(2)(b) of this regulation, materials noted with an asterisk in §G of this regulation, column 2, are solid wastes when they are: Burned to recover energy; Used to produce a fuel; Contained in fuels, in which case the fuel itself remains a solid waste. Commercial chemical products that exhibit a characteristic of hazardous waste or that are listed in Regulation .19 of this chapter are not solid wastes if they are themselves fuels. Materials Reclaimed. Materials noted with an asterisk in §G, column 3 of Table 1 are solid wastes when reclaimed. Materials Accumulated Speculatively. Materials noted with an asterisk in §G, column 4 of Table 1 are solid wastes when accumulated speculatively. Inherently Waste-Like Materials. The following materials are solid wastes when they are recycled in any manner: Hazardous Waste Nos. F020, F021, unless otherwise used as an ingredient to make a product at the site of generation, and F022, F023, F026, and F028. The Secretary shall use the following criteria to add wastes to the list in §D(1): The materials are ordinarily disposed of, burned, or incinerated; The materials contain toxic constituents listed in Regulation .24 of this chapter and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process; or The materials may pose a substantial hazard to human health and the environment when recycled. Materials That Are Not Solid Waste When Recycled. Materials are not solid wastes when they can be shown to be recycled by being: Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; Used or reused as effective substitutes for commercial products; or Returned to the original process from which they are generated, without first being reclaimed. The material shall be returned as a substitute for raw material feedstock, and the process shall use raw materials as principal feedstocks, in order for this paragraph to apply. The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process, described in §E(1), of this regulation: Materials used in a manner constituting disposal, or used to produce products that are applied to the land; Materials burned for energy recovery, used to produce a fuel, or contained in fuels; Materials accumulated speculatively; or Materials listed in §D(1) of this regulation. Documentation of Claims That Materials Are Not Solid Wastes or Are Conditionally Exempt from Regulation. A respondent in an action to enforce regulations implementing Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that: There is a known market or disposition for the material; and The respondent meets the terms of the exclusion or exemption. To satisfy the requirements of §F(1) of this regulation, a person shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste, or is exempt from regulation. In addition to meeting the requirements of §F(2) of this regulation, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so. Table 1. Sham Recycling. A hazardous secondary material found to be sham recycled, as defined in §H(2) of this regulation, is considered discarded and a solid waste. “Sham recycling” means recycling that is not legitimate, as determined in accordance with COMAR 26.13.01.04L. A solid waste, as defined in Regulation .02 of this chapter, is a hazardous waste if: It is not excluded from regulation as a hazardous waste under Regulation .04-1 of this chapter; and It meets any of the following criteria: It exhibits any of the characteristics of hazardous waste identified in this chapter except as otherwise provided in §A-1 of this regulation concerning waste from the extraction, benefication, and processing of ores and minerals; It is listed in Regulations .15—.19 of this chapter and has not been excluded from the lists by: COMAR 26.13.01.04A and C; Regulation .16A(1) of this chapter; or Regulation .17A(1) of this chapter; It is a mixture of solid waste and a hazardous waste that is listed in this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity identified in Regulations .11—.13 of this chapter unless the: 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; It is a mixture of solid waste and one or more hazardous wastes listed in this chapter and has not been excluded from being regulated as a hazardous waste under COMAR 26.13.01.04 or §A(2)(c), A-2, or F of this regulation; or Except as provided in COMAR 26.13.02.04-1A(11), it is used oil which contains more than 1,000 parts per million total halogens and is therefore presumed to have been mixed with halogenated hazardous waste listed in Regulations .16—.19 of this chapter. Any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under Regulation .04-1A(7) of this chapter and any other solid waste which exhibits a characteristic of hazardous waste under Regulations .10—.14 of this chapter, is a hazardous waste only under the following circumstances: The mixture exhibits a characteristic that would not have been exhibited by the excluded waste alone if this mixture had not occurred; The mixture continues to exhibit any of the characteristics exhibited by the non-excluded wastes before mixture; or The mixture exhibits the characteristic of toxicity and either of the following conditions hold: For one or more of the contaminants that cause the mixture to exhibit the characteristic of toxicity, the maximum concentration listed in Table 1 of Regulation .14B of this chapter would not have been exceeded by the excluded waste alone had the mixture not occurred, or For any contaminant that caused the nonexempt waste to exhibit the characteristic of toxicity before the mixture occurred, the mixture continues to exceed the maximum concentration for that contaminant listed in Table 1 of Regulation .14B of this chapter. The following mixtures of solid wastes and hazardous wastes listed in this chapter are not hazardous wastes, except by application of §A(2)(a) and (b) of this regulation, if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either §402 or 307(b) of the Clean Water Act, including wastewater at facilities which have eliminated the discharge of wastewater, and: One or more of the following solvents listed in Regulation .16 of this chapter if the maximum total weekly usage of these solvents, less amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system, does not exceed one part per million: Carbon tetrachloride; Tetrachloroethylene; and Trichloroethylene; One or more of the following spent solvents listed in Regulation .16 of this chapter if the maximum total weekly usage of these solvents, less amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system, does not exceed 25 parts per million: Methylene chloride; 1,1,1-trichloroethane; Chlorobenzene; o-dichlorobenzene; Cresols; Crecylic acid; Nitrobenzene; Toluene; Methyl ethyl ketone; Carbon disulfide; Isobutanol; Pyridine; and Spent chlorofluorocarbon solvents; One or more of the following wastes listed in Regulation .17 of this chapter, if the wastes are discharged to the refinery oil recovery sewer before primary separation of oil, water, and solids: Heat exchanger bundle cleaning sludge from the petroleum refining industry as listed under EPA Hazardous Waste Number K050; Crude oil storage tank sediment from petroleum refining operations as listed under EPA Hazardous Waste Number K169; Clarified slurry oil tank sediment, in-line filter/separation solids, or both, from petroleum refining operations as listed under EPA Hazardous Waste Number K170; Spent hydrotreating catalyst as listed under EPA Hazardous Waste Number K171; and Spent hydrorefining catalyst as listed under EPA Hazardous Waste Number K172; A discarded commercial chemical product or chemical intermediate listed in Regulation .19 of this chapter arising from de minimis losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process, where, for purposes of this section, “de minimis” losses include: Losses from normal material handling operations including, for example, spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices used to transfer materials; Minor leaks of process equipment, storage tanks, or containers; Leaks from well maintained pump packings and seals; Sample purgings; Relief device discharges; Discharges from safety showers and rinsing and cleaning of personal safety equipment; and Rinsate from empty containers or from containers that are rendered empty by that rinsing; Wastewater resulting from laboratory operations containing toxic (T) wastes listed in Regulations .15—.26 of this chapter if: The annualized average flow of laboratory wastewater does not exceed 1 percent of the total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system; or The combined annualized average concentration of the wastes does not exceed 1 part per million in the headworks of the facility's wastewater treatment or pretreatment facility, not counting, for the purposes of this calculation, toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater; Wastewaters from the production of carbamates and carbamoyl oximes, as listed in Regulation .17 of this chapter under EPA Hazardous Waste Number K157, as follows: The aggregate maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine, divided by the average weekly flow of process wastewater before any dilutions into the headworks of the facility's wastewater treatment system, does not exceed a total of 5 parts per million by weight; and “Maximum weekly usage” for the purpose of §A-2(6)(a) of this regulation means all amounts of the compounds listed in §A-2(6)(a) of this regulation that are discharged or volatilized; that is, the amounts that cannot be demonstrated to be recovered, reacted in the process, or destroyed through treatment; or Wastewaters derived from the treatment of organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, as listed in Regulation .17 of this chapter under EPA Hazardous Waste Number K156, if the sum of the concentrations of formaldehyde, methyl chloride, methylene chloride, and triethylamine in the wastewater before any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter. A solid waste which is not excluded from regulation under §A(1) of this regulation becomes a hazardous waste when any of the following events occurs: In the case of a waste listed in Regulations .15—.19 of this chapter, when the waste first meets the listing description set forth in Regulations .15—.19 of this chapter; In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in Regulations .15—.19 of this chapter is first added to the solid waste; In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in Regulations .10—.14 of this chapter. Unless and until it meets the criteria of §D of this regulation: A hazardous waste will remain a hazardous waste. Any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate but not including precipitation runoff, is a hazardous waste, except: As otherwise provided in: §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 Materials that are reclaimed from solid waste and that are used beneficially are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal. The following solid wastes are not hazardous wastes even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste: Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332); Waste from burning any of the materials exempted from regulation by Regulation .06A-1(1)(c) and (2)(c)—(e) of this chapter; Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste if: The processing is conducted in units identified as: 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); The residues: 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; The generator of the residues incorporates testing requirements into a facility's waste analysis plan or a generator's self-implementing waste analysis plan to demonstrate that the criteria of §C-1(3)(b)(ii) and (iii) of this regulation are met by collecting and analyzing composite samples: At least quarterly; and Whenever the process or operation generating the residues changes; The person claiming this exclusion for the residues is able to prove, by clear and convincing evidence, that the material meets all of the exclusion requirements if the Department brings an enforcement action concerning the claim; The generator of the residues prepares a one-time notification that includes: 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; The generator of the residues obtains a certification signed by an authorized representative of the generator that states “I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.”; and The generator of the residues: 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; Biological treatment sludge from one of the following wastes listed under “organic chemicals” in Regulation .17 of this chapter: Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K156); and Wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K157); and Catalyst inert support media separated from one of the following wastes listed in Regulation .17 of this chapter: Spent hydrotreating catalyst (EPA Hazardous Waste Number K171); and Spent hydrorefining catalyst (EPA Hazardous Waste Number K172). Table 1 and Table 2—Generic Exclusion Levels. Any solid waste described in §C of this regulation is not a hazardous waste if it meets the following criteria: In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in Regulations .10—.14 of this chapter; and In the case of a waste which is a listed waste under Regulations .15—.19 of this chapter, contains a waste or wastes listed under Regulations .15—.19 of this chapter or is derived from a waste listed in Regulations .15—.19 of this chapter, it also has been excluded from §C of this regulation under COMAR 26.13.01.04A(3) and C. Agency Note: Wastes that exhibit a characteristic of hazardous waste at the point of generation may still be subject to the requirements of 40 CFR Part 268 even if they no longer exhibit a characteristic of hazardous waste at the point of land disposal. Notwithstanding §§A—D of this regulation, the following materials are not subject to regulation under COMAR 26.13.01—26.13.09 and COMAR 26.13.10.01—.04 if the debris does not exhibit a characteristic of hazardous waste identified in Regulations .10—.14 of this chapter: Hazardous debris, as defined in COMAR 26.13.01.03B, that has been treated using one of the required extraction or destruction technologies specified in Table 1 of 40 CFR §268.45, with the understanding that in an enforcement action concerning this provision, a person claiming this exemption will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; and Debris, as defined in COMAR 26.13.01.03B, that the Secretary, considering the extent of contamination, has determined is no longer contaminated with hazardous waste. Exclusions for Wastes Listed as Hazardous Waste Solely Because They Exhibit One or More Characteristics of Hazardous Waste. The following wastes are not hazardous waste if the waste no longer exhibits any characteristic of hazardous waste defined in Regulations .10—.14 of this chapter: A hazardous waste that is listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of: 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; Any mixture of a solid waste and a hazardous waste listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as regulated under §A(2)(d) of this regulation; and Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as regulated under §C(2) of this regulation. Wastes excluded under §F(1) and (3) of this regulation are subject to 40 CFR Part 268, as applicable, even if they no longer exhibit a characteristic of hazardous waste at the point of land disposal. A mixture of a solid waste excluded from regulation under Regulation .04-1A(7) of this chapter, relating to waste from the extraction, beneficiation, and processing of ores and minerals, and a hazardous waste listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as otherwise regulated under §A(2)(d) of this regulation, is not a hazardous waste if the mixture no longer exhibits any characteristic of hazardous waste that was the basis for listing the waste as hazardous. The following materials are not solid wastes for the purpose of this chapter: Domestic sewage, as defined in §B of this regulation, and, except as prohibited by COMAR 26.13.10.33 and Clean Water Act requirements at 40 CFR §403.5(b), any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment; 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; Irrigation return flows; Materials subjected to in situ mining techniques which are not removed from the ground as part of the extraction process; 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; Spent sulfuric acid used to produce virgin sulfuric acid, unless it is a material accumulated speculatively as defined in Regulation .01D of this chapter; 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: 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; Reclamation does not involve controlled flame combustion, such as occurs in boilers, industrial furnaces, or incinerators; The secondary materials are never accumulated in the tanks for over 12 months without being reclaimed; and The reclaimed material is neither used to produce a fuel, nor used to produce products that are used in a manner constituting disposal; 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: 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 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; The following wastes from wood preserving, as qualified by §C of this regulation: Spent wood-preserving solutions that have been reclaimed and are reused for their original intended purpose; Wastewaters from the wood-preserving process that have been reclaimed and are reused to treat wood; and 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: 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; Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if this material is: Shipped in drums if it is shipped; and Not land-disposed before recovery; Excluded scrap metal being recycled, including the following as defined and qualified in Regulation .01D of this chapter: Processed scrap metal; Unprocessed home scrap metal; and Unprocessed prompt scrap metal; Shredded circuit boards being recycled if they are: Stored in containers sufficient to prevent a release to the environment before recovery; and Free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries; 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: Placed on the land; or Material accumulated speculatively as defined in Regulation .01D of this chapter; 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; Oil-bearing hazardous secondary materials, that is, sludges, byproducts, or spent materials, that are generated at a petroleum refinery (SIC code 2911), when: 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”; The material, before it is inserted into the petroleum refining process: Is not placed on the land; and Is not a material accumulated speculatively as defined in Regulation .01D of this chapter; 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 The oil-bearing secondary hazardous material is either: Inserted into the same petroleum refinery where it is generated; or Sent directly to another petroleum refinery; 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 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; 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: 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); For the purposes of this section, “recovered oil” does not mean: 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 The conditions of §A(15)(b), (c), and (f) of this regulation are met; 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: For the purposes of this section, “associated organic chemical manufacturing facility” means a facility: 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; For the purposes of this section, “petrochemical recovered oil” means oil that has been: 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; 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 Before the oil generated by the organic chemical manufacturing facility is recycled into the petroleum refining process, it is not: Placed on the land; or A material accumulated speculatively as defined in Regulation .01D of this chapter; A used cathode ray tube (CRT) under the following conditions: A used, intact CRT, as defined in COMAR 26.13.01.03B, that is within the United States that: 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; 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; 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 Glass removed from a CRT if it is managed in accordance with the requirements of Regulation .19-6D of this chapter; and Beginning at the point of generation, a solvent-contaminated wipe that is sent for cleaning and reuse, if the following conditions are met: The wipe: 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; While being accumulated, stored, and transported, the wipe is contained in a nonleaking, closed container that is labeled “Excluded Solvent-Contaminated Wipes”; The container in which the wipe is placed: 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; Each container that is being used to accumulate solvent contaminated wipes is marked with the earlier of the following dates as the accumulation start-date: 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 wipe is sent for cleaning not later than 180 days after the accumulation start date associated with the container in which the wipe is being accumulated; The container in which the wipe is being accumulated is sealed, with all lids properly and securely affixed to the container, and all openings tightly bound or closed sufficiently to prevent leaks and emissions, if: The container is full; Solvent-contaminated wipes that will be cleaned for reuse are no longer being generated; or The container is being transported; At the point of being sent for cleaning on site, or at the point of being transported off site for cleaning: 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 generator manages free liquids removed from solvent-contaminated wipes, and free liquid removed from a container in which a solvent contaminated wipe is being accumulated in accordance with applicable requirements of COMAR 26.13.01—26.13.10; The generator maintains the following documentation at the generator’s site: 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 solvent-contaminated wipe is sent to a laundry or dry cleaner whose discharge, if any, is regulated under §§301 and 402 of the Clean Water Act, or §307 of the Clean Water Act. Agency Note: In rare circumstances, a facility that processes solvent-contaminated wipes for reuse may receive a container of wipes that includes free liquids, either unexpectedly as a result of effects such as compression, gravity, or percolation, or as a result of improper management by the generator before transport. In such circumstances, the processing facility is required to remove the free liquids from the solvent-contaminated wipes and the container, characterize the liquids as to whether they meet the definition of hazardous waste, and manage the liquids in accordance with the applicable requirements of COMAR 26.13.03. After removal of the free liquids, the facility may still process the wipes for reuse. Definition. “Domestic sewage” means untreated sanitary wastes that pass through a sewer system. Qualifiers on Exclusions of Materials from Regulation as Solid Waste. 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. Reinstatement of Eligibility for Exclusion. 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. 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. The following solid wastes are not hazardous wastes: 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; Solid wastes generated by any of the following and which are returned to the soils as fertilizers: The growing and harvesting of agricultural crops, The raising of animals, including animal manures; Mining overburden returned to the mine site; 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; Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy; 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; 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; Cement kiln dust waste; 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 D004D017, 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; Chromium waste which meets one of the following criteria: 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: 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; 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: 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; Used oil which contains more than 1,000 parts per million total halogens if: The used oil: 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 The used oil is not regulated as hazardous for any other reason. 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; 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; Non-terne-plated used oil filters from internal combustion engines, if: The filter has not been mixed with any waste that is listed in Regulations .15.19 of this chapter; 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; 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: 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 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; Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products; Leachate or gas condensate collected from a landfill where certain solid wastes have been disposed if the following conditions are met: 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; 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)(e) of this regulation; Neither the leachate nor the gas condensate: Exhibits any characteristic of hazardous waste identified in Regulations .10.14 of this chapter; or Is derived from any other listed hazardous waste; 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; For the purposes of §A(16)(a) and (b) of this regulation, effective dates are as follows: 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 The leachate or gas condensate is not regulated as a hazardous waste under §A-1 of this regulation; and From the point of generation, a solvent-contaminated wipe that is sent for disposal or treatment if the wipe is not a hazardous waste due to the presence of trichloroethylene and the following conditions are met: The wipe: 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; While being accumulated, stored, and transported, the wipe is contained in a nonleaking, closed container that is labeled “Excluded Solvent-Contaminated Wipes”; The container in which the wipe is placed: 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; Each container that is being used to accumulate solvent contaminated wipes is marked with the earlier of the following dates as the accumulation start-date: 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 wipe is sent for disposal or treatment not later than 180 days after the accumulation start date associated with the container in which the wipe is being accumulated; The container in which the wipe is being accumulated is sealed, with all lids properly and securely affixed to the container, and all openings tightly bound or closed sufficiently to prevent leaks and emissions, if: The container is full; Additional solvent-contaminated wipes will not be placed in the container; or The container is being transported; At the point of being transported for disposal or treatment: 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 generator manages free liquids removed from solvent-contaminated wipes, and free liquid removed from a container in which a solvent contaminated wipe is being accumulated in accordance with applicable requirements of COMAR 26.13.01—26.13.10; The generator maintains the following documentation at the generator’s site: 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; The wipe is sent for disposal or treatment to a: 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. Leachate or Gas Condensate. Except as provided in §A-1(2) of this regulation, the following are subject to regulation as hazardous waste: 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 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. Notwithstanding the provisions of §A-1(1) of this regulation, leachate or gas condensate derived from any of K169K172 and K176K178 continue to be exempt from management as hazardous waste even if stored in a surface impoundment if: 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; The surface impoundment has a double liner; and 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. 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). 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: Receives and burns only: Household waste from single and multiple dwellings, hotels, motels, and other residential sources, and Solid waste from commercial or industrial sources that does not contain hazardous waste; and 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. For the purpose of disposal of waste mixtures containing insignificant amounts of CHS which are not hazardous wastes as defined by COMAR 26.13.02.03A(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. For the purposes of §A(7) of this regulation, beneficiation of ores and minerals is restricted to the following activities: Amalgamation; Briquetting; Calcining to remove water or carbon dioxide, or both; Crushing; Crystallization; Dissolution; Drying; Electrostatic separation; Electrowinning; Filtration; Flotation; Gravity concentration; Grinding; Heap, dump, vat, tank, and in situ leaching; Ion exchange; Magnetic separation; Pelletizing; Precipitation; 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; Sintering; Sizing; Solvent extraction; Sorting; and Washing. For the purposes of §A(7) of this regulation, solid waste from the processing of ores and minerals includes only the following wastes: Slag from primary copper processing; Slag from primary lead processing; Red and brown muds from bauxite refining; Phosphogypsum from phosphoric acid production; Slag from elemental phosphorus production; Gasifier ash from coal gasification; Process wastewater from coal gasification; Calcium sulfate wastewater treatment plant sludge from primary copper processing; Slag tailings from primary copper processing; Fluorogypsum from hydrofluoric acid production; Process wastewater from hydrofluoric acid production; Air pollution control dust or sludge, or both, from iron blast furnaces; Iron blast furnace slag; Treated residue from roasting/leaching of chrome ore; Process wastewater from primary magnesium processing by the anhydrous process; Process wastewater from phosphoric acid production; Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production; Basic oxygen furnace and open hearth furnace slag from carbon steel production; Chloride process waste solids from titanium tetrachloride production; and Slag from primary zinc processing. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, or in an associated nonwaste-treatment manufacturing unit, is not subject to regulations until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of products or raw material. Except as provided in §§B and D of this regulation, a sample of solid waste or a sample of water, soil, or air, the quantity of which is to be determined by the Department, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirement of this chapter, COMAR 26.13.03—26.13.07, or COMAR 26.13.09, or to the notification requirements of §3010 of the Resource Conservation and Recovery Act, when the sample is being: Transported to a laboratory for the purpose of testing; Transported back to the sample collector after testing; Stored by the sample collector before transport to a laboratory for testing; Stored in a laboratory before testing; Stored in a laboratory after testing but before it is returned to the sample collector; or Stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action if further testing of the sample may be necessary). In order to qualify for the exemption in §A(1) and (2) of this regulation, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall: Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample: Package the sample so that it does not leak, spill, or vaporize from its packaging; and Assure that the following information accompanies the samples: 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. This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in §A of this regulation. In order to qualify for the exemption in §A(1) and (2) of this regulation, the mass of a sample that will be exported to a foreign country or that will be imported to a U.S. laboratory from a foreign source may not exceed 25 kilograms. Except as provided in §§B and F of this regulation, persons who generate or collect samples for the purpose of conducting treatability studies as defined in COMAR 26.13.01.03B are not subject to any requirement of COMAR 26.13.02—.04 or to the notification requirements of Section 3010 of RCRA, nor are those samples included in the quantity determinations of Regulation .05 of this chapter and COMAR 26.13.03.03-4C(3) when one of the following conditions is met: The sample is being collected and prepared for transportation by the generator or sample collector; The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study. The exemption in §A of this regulation is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies, provided that all of the following conditions are met: For each process being evaluated for each generated waste stream, the generator or sample collector uses, in treatability studies, no more than: 10,000 kilograms of media contaminated with nonacute hazardous waste; 1,000 kilograms of nonacute hazardous waste, other than contaminated media; 100 kilograms of any waste that is: 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; 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation; or 2,500 kilograms of media contaminated with acute hazardous waste; The mass of each sample shipment: Does not exceed 10,000 kilograms; and May consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to: 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 sample is packaged so that it does not leak, spill, or vaporize from its packaging during shipment; The transportation of each sample shipment complies with U. S. Department of Transportation (DOT), U. S. Postal Service (USPS), or any other applicable shipping requirements, or if the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, with the requirements of §B(5) of this regulation; If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, all of the following information accompanies the sample: The name, mailing address, and telephone number of the originator of the sample; The name, address, and telephone number of the facility that will perform the treatability study; The quantity of the sample; The date of shipment; and A description of the sample, including its EPA or State hazardous waste number; The sample is shipped to a laboratory or testing facility which is exempt under Regulation .04-5 of this chapter or which has an appropriate CHS facility permit, RCRA permit, or interim status; The generator or sample collector maintains all of the following records for a period ending 3 years after completion of the treatability study: Copies of the shipping documents; A copy of the contract with the facility conducting the treatability study; Documentation showing the amount of waste shipped under this exemption; Documentation showing the name, address, and EPA identification number of the laboratory or testing facility that received the waste; Documentation showing the date the shipment was made; and Documentation showing whether or not unused samples and residues were returned to the generator; and The generator includes the information required under §B(7)(c)—(f) of this regulation with its annual or biennial report submitted under COMAR 26.13.03.06B. Allowance for Additional Quantities. Quantities and Bases for Requests. The Secretary may grant requests on a case-by-case basis for quantity limits in excess of those specified in §B(1) and (2) of this regulation and Regulation .04-5A(4) of this chapter for up to an additional 500 kilograms of nonacute hazardous waste, 5,000 kilograms of media contaminated with nonacute hazardous waste, 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation, 100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation, and 2,500 kilograms of media contaminated with acute hazardous waste, to conduct further treatability study evaluation in response to requests for authorization to ship, store, and conduct treatability studies on additional quantities. In advance of the commencement of treatability studies, the Secretary may grant requests for larger quantity limits under §C(1)(a) of this regulation based on consideration of the following factors: 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. After initiation or completion of initial treatability studies, the Secretary may grant requests for larger quantity limits under §C(1)(a) of this regulation if: 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 additional quantities allowed under §C(1) of this regulation are subject to all the provisions of §§A and B of this regulation, except for §B(1) and (2) of this regulation. In order to be granted an allowance for additional quantities, the generator or sample collector shall apply to the Secretary and provide in writing all of the following information: The reason why the generator or sample collector requires an additional quantity of sample for the treatability study evaluation and the additional quantity needed; Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies, including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study; A description of the technical modifications or changes in specifications which will be evaluated and the expected results; If the request for permission to exceed the quantity limits of §B(1) of this regulation 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. Allowance for Additional Time. For a treatability study involving bioremediation, the Secretary may grant requests on a case-by-case basis for an extension of the deadline for completing the treatability study under Regulation .04-5A(5) of this chapter. The Secretary may grant an extension of up to 2 years under §D(1) of this regulation. A person shall manage samples that are being used in a treatability study for which the completion deadline has been extended in accordance with all of the requirements of §A of this regulation and §B(3)—(8) of this regulation. A person seeking an extension of time under §D(1)—(2) of this regulation shall: Make a written request for the extension to the Secretary; and Provide, as part of the written request for the extension: 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. Return of Samples and Residues from Treatability Studies. Subject to §E(3) of this regulation, a person who has generated or collected a sample for the purpose of conducting a treatability study may receive shipments of the following from the laboratory or testing facility that conducted the treatability study: Unused portions of the sample; and Residues generated in conducting the treatability study on the sample. Until they are accepted by the sample generator or collector to whom they are being sent, the materials identified in §E(1)of this regulation: Are not subject to: 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 Are not included in the quantity determinations of Regulation .05 of this chapter and COMAR 26.13.03.03-4C(3). A person managing the materials identified in §E(1) of this regulation shall assure that the materials are managed in accordance with the following requirements until the materials are accepted by the sample generator or collector to whom they are being sent: For unused portions of samples that are being returned, the person shall comply with the requirements of §B(3)—(5) of this regulation, which concern packaging, shipping requirements, and information required to accompany shipments; For residues generated in conducting treatability studies, the person shall comply with the requirements of §B(3)—(5) of this regulation, except that where the word “sample” appears in §B(3)—(5) of this regulation, the person shall substitute “treatability study residue”; and A laboratory or testing facility that sends a shipment of treatment residues to a sample generator or collector as provided for in §E(1) of this regulation shall maintain the following records for a period ending 3 years after completion of the treatability study that generated the residues: 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. Once the sample generator or collector accepts the materials identified in §E(1) of this regulation, the sample generator or collector shall: Determine whether those materials meet the definition of hazardous waste under Regulation .03 of this chapter; and Manage materials that meet the definition of hazardous waste in accordance with the requirements of COMAR 26.13.01—26.13.10. In order to qualify for the exemption in §A(1) of this regulation, the mass of a sample that will be exported to a foreign laboratory or testing facility or that will be imported to a U.S. laboratory or testing facility from a foreign source may not exceed 25 kilograms. Samples undergoing treatability studies and the laboratories or testing facility conducting the treatability studies, to the extent those facilities are not otherwise subject to requirements under COMAR 26.13, are not subject to any requirements of COMAR 26.13.02—26.13.07 or 26.13.10 or 40 CFR Part 268 or to the notification requirements of §3010 of RCRA provided that all of the following conditions are met: Not less than 45 days before conducting treatability studies, the facility notifies the Secretary in writing that it intends to conduct treatability studies under this section; The laboratory or testing facility conducting the treatability study has an EPA identification number; No more than 10,000 kilograms of “as received” media contaminated with nonacute hazardous waste, 2,500 kilograms of media contaminated with acute hazardous waste, or 250 kilograms of other “as received” hazardous waste is subjected to initiation of treatment in all treatability studies in any single day, when “as received” waste refers to the waste as received in the shipment from the generator or sample collector; The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies, exclusive of treatment materials, including nonhazardous solid waste, added to “as received” hazardous waste, does not exceed 10,000 kilograms, the total of which may consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to: 2,500 kilograms of media contaminated with acute hazardous waste; 1,000 kilograms of nonacute hazardous waste other than contaminated media; 1 kilogram of acute hazardous waste that does not meet the criteria of Regulation .04-4B(1)(c) of this chapter; and 100 kilograms of acute hazardous waste that meets the criteria of Regulation .04-4B(1)(c) of this regulation. The earliest of the following dates has not passed: The 90th day after the date the treatability study for the sample was completed; 1 year after the generator or sample collector shipped the sample to the laboratory or testing facility, if the treatability study does not involve bioremediation; and 2 years after the generator or sample collector shipped the sample to the laboratory or testing facility, if the treatability study involves bioremediation; The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste; The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits, with all of the following specific items included for each treatability study conducted: The name, address, and EPA identification number of the generator or sample collector of each waste sample; The date the shipment was received; The quantity of waste accepted; The quantity of “as received” waste in storage each day; The date the treatment study was initiated and the amount of “as received” waste introduced to treatment each day; The date the treatability study was concluded; and The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number; The facility keeps on-site a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study; The facility prepares and submits a report to the Secretary by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes all of the following information for the previous calendar year: The name, address, and EPA identification number of the facility conducting the treatability studies; The types, by process, of treatability studies conducted; The names and addresses of persons for whom studies have been conducted, including their EPA identification numbers; The total quantity of waste in storage each day; The quantity and types of waste subjected to treatability studies; When each treatability study was conducted; and The final disposition of residues and unused sample from each treatability study; The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under Regulation .03 of this chapter; The facility manages any unused samples or residues generated by the treatability study that are determined to be hazardous waste in accordance with the requirements of this chapter, COMAR 26.13.03—26.13.10, and 40 CFR Part 268, unless: The residues and unused samples are returned to the sample originator under the exemption of Regulation .04-4E of this chapter; or The residues consist of treated material from a particular waste stream that is being archived for future evaluation, subject to the following requirements: 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 facility notifies the Secretary by letter when the facility is no longer planning to conduct any treatability studies at the site; The treatability study is not being used merely as a means to treat or dispose of hazardous waste; and If a person intends to use, in a treatability study, more than 1 kilogram of waste identified in Regulation .04-4B(1)(c) of this chapter, the person: Notifies the Department of that intention no later than 30 days before the initiation of the treatability study; Provides the Department with an explanation of why the quantity in excess of 1 kilogram is needed for the study; and Provides the Department with any information that the Department considers necessary to evaluate: 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; Mobile Treatment Units. A mobile treatment unit may qualify as a testing facility subject to §A of this regulation. When a group of mobile treatment units are located at the same site, the limitations specified in §A of this regulation apply to the entire group of mobile treatment units collectively as if the group were one mobile treatment unit. Dredged material, as defined in §B of this regulation, is not a hazardous waste if the dredged material: Is subject to the requirements of a permit issued by: The U.S. Army Corps of Engineers or an approved state under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. §1344); or The U.S. Army Corps of Engineers under Section 103 of Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. §1413); or Is: Generated in connection with a U.S. Army Corps of Engineers civil works project; and Subject to the administrative equivalent of the permits referred to in §A(1) of this regulation, as provided for in the regulations of the U.S. Army Corps of Engineers, such as 33 CFR §336.1, 33 CFR §336.2 and 33 CFR §337.6. For the purposes of this regulation: “Dredged material” means material that is excavated or dredged from waters of the United States; and “Waters of the United States” has the meaning given in 40 CFR §232.2. This regulation: Applies to all airbag waste, as defined in COMAR 26.13.01.03B, collected from auto dealers or other airbag waste handlers for the purpose of safe disposal; and Provides management standards for airbag waste that an airbag waste handler may comply with as an alternative to managing airbag waste under other requirements of this subtitle that apply to management of hazardous waste generally. Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or a designated facility is not subject to regulation under COMAR 26.13.03—.07 and .09, and is not subject to the notification requirements of §3010 of RCRA if: The airbag waste handler: In accumulating airbag waste: 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; Meets the following requirements with respect to packaging the airbag waste: 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; Ensures that each container in which airbag waste is being accumulated is: 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”; Sends the airbag waste directly to either: 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 Complies with the record keeping requirements of §C of this regulation; and The transport of the airbag waste is conducted in compliance with all applicable U.S. Department of Transportation (DOT) regulations in 49 CFR Part 171—180 during transit. Record Keeping. For each off-site shipment of airbag waste made under this regulation, an airbag waste handler shall maintain the following information and records at the handler facility for a minimum of 3 years: Name of the transporter; Date of the shipment; Name and address of the receiving facility; Types of airbag waste included in the shipment , such as airbag modules and airbag inflators; The quantity of each type of airbag waste in the shipment; Confirmation of receipt of the shipment that includes the: Information specified in §C(1)(c)—(e) of this regulation; and Date that the receiving facility received the shipment. The airbag waste handler: May satisfy the record keeping requirements of this section through the use of routine business records, such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, and electronic or paper confirmation of receipt; and Shall make the shipping information and records and the confirmations of receipt required by this section available for inspection by a representative of the Department or the U.S. Environmental Protection Agency upon request. Requirements Applicable to Airbag Waste Received from an Airbag Waste Handler. Upon arrival at an airbag waste collection facility or a designated facility, airbag waste from an airbag waste handler operating under this regulation becomes subject to all applicable hazardous waste regulations. For airbag waste identified in §D(1) of this regulation, the facility receiving the airbag waste: Is considered the generator of the airbag waste; and Shall comply with all applicable requirements of COMAR 26.13.03 with respect to that waste. Prohibition on Reuse. A person may not reuse in a vehicle a defective airbag module or a defective airbag inflator that is subject to a recall under the National Highway Traffic Safety Administration. An attempt to reuse the defective item in this manner constitutes sham recycling and is prohibited by COMAR 26.13.02.02H. Exemptions. Except for those wastes identified in §§B, C, D, and E(2) of this regulation, and except as specified in §G of this regulation and COMAR 26.13.03.01A-3, if a person generates, in a calendar month, a total of less than 100 kilograms (approximately 220 pounds) of hazardous wastes, those wastes are not subject to regulation under COMAR 26.13.03—26.13.07, 26.13.09, or 26.13.10 or to the notification requirements of §3010 of RCRA, provided the generator complies with the requirements of §§B, D, E, and F of this regulation. In determining quantities under this chapter and COMAR 26.13.03, a generator shall include all hazardous waste generated, except for hazardous waste that is: Exempt from regulation under Regulations .04-2—.04-5, .06A-1(1), and .07A(1) of this chapter; Managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in COMAR 26.13.01.03B; Recycled, without prior storage or accumulation, only in an on-site process subject to regulation under Regulation .06C(2) of this chapter; Used oil managed under the requirements of COMAR 26.10.15, 26.11.09, Regulation .06A-1(3) of this chapter, and COMAR 26.13.10; Spent lead-acid batteries managed under the requirements of COMAR 26.13.10.04; Universal waste managed under Regulation .07-1 of this chapter and COMAR 26.13.10.06—.25; Managed as part of an episodic generation event in compliance with the requirements of COMAR 26.13.03.05-2—26.13.03.05-4; or A hazardous waste pharmaceutical, as defined in COMAR 26.13.01.03B, that is: 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. In determining the quantity of hazardous waste generated, a generator need not include: Hazardous waste when it is removed from on-site storage; Hazardous waste produced by on-site treatment, including reclamation of the generator's hazardous waste, if the hazardous waste that is treated has been counted once; or Spent materials that are generated, reclaimed, and subsequently reused on-site, if the spent materials have been counted once. Hazardous waste that is removed from the site of generation and is accumulated for the purpose of thermal destruction or is thermally destroyed in quantities greater than the minimum quantities specified in §§A and C of this regulation may not be excluded from the requirements of COMAR 26.13.05.16, 26.13.06.23, and 26.13.07.02, .02-6, and .05. If a person generates in a calendar month or accumulates at any time any of the following hazardous wastes in quantities greater than set forth, those wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10: One kilogram of any commercial product or manufacturing chemical intermediate having the generic name listed in Regulation .19E or F of this chapter; One kilogram of any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in Regulation .19E or F; Any containers identified in Regulation .19C of this chapter that are larger than 20 liters in capacity; 10 kilograms of inner liners from containers identified under Regulation .19C of this chapter; 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill, into or onto any land or water, of any acute hazardous waste listed in Regulation .16, .17, .18, or .19 of this chapter; One kilogram of any of the following wastes: F020, F021, F022, F023, F026, and F027 as identified in Regulation .16 of this chapter; and K991, K992, K993, K994, K995, K996, K997, K998, and K999 as identified in Regulation .17 of this chapter; or One kilogram of any combination of wastes identified in §C(1), (2), and (6) of this regulation. In order for hazardous waste to be excluded from regulation under this chapter, the generator: Shall comply with COMAR 26.13.03.02—.02-2, which concern hazardous waste determination; Shall treat or dispose of the waste in an on-site facility, or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the United States, is: Permitted by EPA under 40 CFR 270, or by a state with a hazardous waste management program authorized under 40 CFR 271; In interim status under: 40 CFR 270 and 265; or COMAR 26.13.06 and 26.13.07; A facility that is: 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; Permitted under COMAR 26.11.02.13 (air quality operating permit) and has a limited facility permit; A generating station that has been constructed by an electric company and that has a limited facility permit; A facility which: 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; For universal waste managed under COMAR 26.13.10.06—.25, a universal waste handler or destination facility subject to the requirements of COMAR 26.13.10.06—.25; A facility that is under the control of the same person as the generator, as described in COMAR 26.13.03.03-11B(1), if the generator marks the generator's containers of hazardous waste in accordance with the requirements of COMAR 26.13.03.03-10A(1) and (2), and the facility is authorized to accept the waste from the generator for consolidation under the provisions of: 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; A reverse distributor as defined in COMAR 26.13.01.03B, if the waste is a potentially creditable hazardous waste generated by a healthcare facility as defined in COMAR 26.13.01.03B; For a non-creditable hazardous waste pharmaceutical or a potentially creditable hazardous waste pharmaceutical, a healthcare facility, as defined in COMAR 26.13.01.03B, if: 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 For airbag waste, an airbag waste collection facility or a designated facility subject to Regulation .04-7 of this chapter; May not accumulate hazardous waste on-site if the generator accumulates at any time: Acute hazardous wastes in quantities greater than those set forth in §C of this regulation, in which case, those accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA, and the time period of COMAR 26.13.03.03-4C for accumulation of wastes on-site begins when the accumulated wastes exceed the applicable exclusion limit; or More than a total of 100 kilograms of any hazardous waste not otherwise regulated under §D(3)(a) of this regulation, in which case, those accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA, and the time period of COMAR 26.13.03.03—4C for accumulation of wastes on-site begins for a generator when the initial waste is generated; and May not place or arrange to have placed bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids in a landfill regardless of whether sorbents have been added. Mixed Hazardous Wastes. Except as provided in §E(2), hazardous waste subject to the reduced requirements of this chapter may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this chapter, unless the mixture meets any of the characteristics of hazardous waste identified in Regulations .10—.14 of this chapter. If a generator's hazardous waste is mixed with used oil, the mixture is subject to regulation under applicable provisions of COMAR 26.10.15, 26.11.09, 26.13.04.01D(4), and 26.13.10.05, if it is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery. If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this regulation, the mixture is subject to full regulation under COMAR 26.13.01—26.13.10. Hazardous waste subject to the requirements of COMAR 26.13.10.01—.03 or 26.13.02.06B and C is included in the quantity determination of this section and is subject to the requirements of this regulation. Fluorescent Lamps. A person that generates waste fluorescent lamps that exhibit the toxicity characteristic of Regulation .14 of this chapter shall comply with COMAR 26.13.10.26. General. Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of §§B and C of this regulation except for the materials listed in §§A(2) and A-1 of this regulation. Hazardous wastes that are recycled will be known as “recyclable materials”. Recyclable materials, except as otherwise provided in §§A(2), A-1, or C(1) of this regulation or COMAR 26.13.10, are not controlled hazardous substances (CHS) for purposes of COMAR 26.13.07. Exemption from Regulation. The following recyclable materials are not CHS for purposes of the regulations indicated: 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. The following recyclable materials are not subject to the requirements of this section but are regulated under either COMAR 26.13.05.16, 26.13.06.23, or 26.13.10 and all applicable provisions in COMAR 26.13.07 and 26.13.09: 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. Exclusions. The following recyclable materials are not CHS for purposes of the regulations indicated: Industrial ethyl alcohol that is reclaimed is not a CHS for purposes of COMAR 26.13.03—26.13.09, except that: 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. Scrap metal that is not excluded under Regulation .04A(11) of this chapter, for purposes of COMAR 26.13.03—26.13.07; and Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if those wastes result from normal petroleum refining, production, and transportation practices, for purposes of COMAR 26.13.03—26.13.07 and 40 CFR Part 268. Agency Note: The exclusion of §A-1(1)(c) of this regulation does not apply to fuels produced from oil recovered from oil-bearing hazardous waste in cases where the recovered oil is already excluded under Regulation .04A(15) and (16) of this chapter. The following recyclable materials are not subject to regulation under COMAR 26.13.03—26.13.07 and are not subject to the regulations indicated, 40 CFR Part 268, or the notification requirements of §3010 of RCRA: Industrial ethyl alcohol that is reclaimed is not subject to COMAR 26.13.03—26.13.07, except for the requirements specified in §A-1(1)(a)(i) of this regulation; Scrap metal that is not excluded under Regulation .04A(11) of this chapter; Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from any of these hazardous wastes if: 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; Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, if: 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 Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices if the reclaimed oil: Is burned as a fuel without reintroduction to a refining process: and Meets the used oil specification under COMAR 26.11.09.10B. Used oil is not subject to the requirements of 40 CFR Part 268, COMAR 26.13.03—26.13.04.01D(3) and 26.13.04.01E—26.13.07, but is regulated instead under COMAR 26.13.10.05 and 26.10.15 if it: Would be regulated as a hazardous waste solely because it exhibits a characteristic of hazardous waste under Regulations .11—.14 of this chapter; and Is recycled by being reused, following its original use, for any beneficial purpose, through such means as re-refining, reclamation, burning for energy recovery, or reprocessing. Generators and Transporters. Generators and transporters of recyclable materials are subject to the applicable requirements of COMAR 26.13.03—26.13.04 and the notification requirements under §3010 of RCRA, except as provided in §§A(2) and A-1 of this regulation. A person initiating a shipment of industrial ethyl alcohol for reclamation in a foreign country, and any intermediary arranging for the shipment: Shall comply with the requirements applicable to a primary exporter in 40 CFR §§262.83(b), 262.83(g)(1)—(4) and (6), and 262.84(h); and May export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in 40 CFR Part 262 Subpart H; and Shall provide a copy of the EPA Acknowledgment of Consent to the transporter transporting the shipment for export. A transporter transporting a shipment of industrial ethyl alcohol for export: May not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent; and Shall ensure that a copy of the EPA Acknowledgment of Consent: Accompanies the shipment; and Is delivered to the facility designated by the person initiating the shipment. Storage of Recyclable Materials. Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of COMAR 26.13.01—26.13.10 and the notification requirements under §3010 of RCRA, except as provided in §§A(2) and A-1 of this regulation. Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in §A(1) of this regulation: Notification requirements under §3010 of RCRA; and COMAR 26.13.05.05B and C; and Biennial reporting requirements of COMAR 26.13.05.05F. General. Hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in §B of this regulation, is not subject to regulation under this subtitle, unless it is determined by the Secretary that sufficient amounts of the hazardous waste remain to pose a potential threat to human health or the environment. Any hazardous waste in either a container that is not empty, or an inner liner removed from a container that is not empty, as defined in §B of this regulation, is subject to regulation under this subtitle. Definition of Empty. Except as provided in §B(2)—(4) of this regulation, a container or an inner liner removed from a container that has held any hazardous waste is empty if all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating, and either: Not more than 2.5 centimeters (1 inch) of residue remain on the bottom of the container or inner liner; or One of the following conditions is met: 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. A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric. A container or an inner liner removed from a container that has held an acute hazardous waste identified in Regulations .16—.19 is empty if: The container or inner liner has been triple rinsed using a solvent capable of removing the hazardous waste; The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or In the case of a container, the inner liner that prevented contact of the hazardous waste with the container has been removed. A container that held a hazardous waste pharmaceutical or that contains a residue of a hazardous waste pharmaceutical is empty if it meets the criteria specified in COMAR 26.13.10.35. Except as specified in COMAR 26.13.10.06—.25, the wastes listed in §B of this regulation are exempt from regulation under COMAR 26.13.03—26.13.07, COMAR 26.13.09, and COMAR 26.13.10.01—.05, and, therefore, are not fully regulated as hazardous waste. The following wastes are subject to regulation under COMAR 26.13.10.06.25: Batteries, as described in COMAR 26.13.10.07; Pesticides, as described in COMAR 26.13.10.08; Mercury-containing equipment, lamps, or PCB-containing lamp ballasts, each as described in COMAR 26.13.10.09; and Aerosol cans, as described in COMAR 26.13.10.09-1. The Secretary shall identify and define a characteristic of hazardous waste in Regulations .10—.14 only upon determining that: A solid waste that exhibits the characteristic may: Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and The characteristic can be: Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or Reasonably detected by generators of solid waste through their knowledge of their waste. The Secretary shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria: It exhibits any of the characteristics of hazardous waste identified in Regulations .10—.14 of this chapter. It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. Waste listed in accordance with these criteria will be designated Acute Hazardous Waste. It contains any of the toxic constituents listed in Regulation .24 of this chapter and, after considering the following factors, the Secretary concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed: The nature of the toxicity presented by the constituent. The concentration of the constituent in the waste. The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in §A(3)(g), of this regulation. The persistence of the constituent or any toxic degradation product of the constituent. The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation. The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems. The plausible types of improper management to which the waste could be subjected. The quantities of the waste generated at individual generation sites or on a regional or national basis. The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent. Actions taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituents. Such other factors as may be appropriate. Substances will be listed in Regulation .24 of this chapter, only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. Wastes listed in accordance with these criteria will be designated Toxic Wastes. The Secretary may list classes or types of solid waste as hazardous waste if he has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in COMAR 26.13.02. The Secretary will use the criteria for listing specified in this subsection to establish the exclusion limits referred to in Regulation .05C of this chapter. A solid waste, as defined in Regulation .02 of this chapter, which is not excluded from regulation as a hazardous waste under Regulation .04-1 of this chapter is a hazardous waste if it exhibits any of the characteristics identified in this regulation and in Regulations .11—.14 of this chapter. A hazardous waste which is identified by a characteristic in Regulations .10—.14 of this chapter is assigned every EPA Hazardous Waste Number that is applicable as set forth in the respective characteristic. This number or these numbers shall be used in complying with the notification requirement of §3010 of RCRA and with certain record keeping and reporting requirements under COMAR 26.13.03—26.13.07 and 26.13.09. For purposes of Regulations .10—.14 of this chapter, the Secretary will consider a sample obtained using any of the applicable sampling methods specified in Regulation .20 to be a representative sample within the meaning of COMAR 26.13.01. A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: Except as provided in §A-1 of this regulation, it is a liquid that has a flash point less than 60°C (140°F), as determined by using one of the methods specified in 40 CFR §261.21(a)(1); It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; It is an ignitable compressed gas as described in §C(2) and (3) of this regulation; or It is an oxidizer as defined in §C(4) of this regulation. A liquid that is an alcohol-containing solution that contains less than 24 percent alcohol by volume and at least 50 percent water by weight is not considered to exhibit the characteristic of ignitability under §A(1) of this regulation. A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001. For the purposes of this regulation: “Aerosol” means any nonrefillable receptacle that: Contains a gas that has been compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder that is: 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 Is fitted with a self-closing release device that allows the contents of the receptacle to be ejected by the gas described in §C(1)(a) of this regulation; “Compressed gas” means: A contained material or mixture that has within the container: 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 Any liquid flammable material having a vapor pressure exceeding 40 pounds per square inch absolute at 100°F as determined by the test method in 40 CFR §261.21(a)(3)(i); A compressed gas shall be characterized as ignitable if any of the following criteria are met: At atmospheric temperature and pressure, using the test method identified in 49 CFR §173.115(a), either: 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; It meets the definition of “flammable gas (Division 2.1)” under 49 CFR §173.115(a); or It is an aerosol as described in §C(1) of this regulation and the compressed gas meets the definition of “flammable gas (Division 2.1)” under 49 CFR §173.115(a) and (l); “Oxidizer” means a substance such as a chlorate, permanganate, inorganic peroxide, organic peroxide, or a nitrate that yields oxygen readily to stimulate the combustion of organic matter; and “Organic peroxide”: Means an organic compound containing the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals; and Does not include a material that: 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. This regulation describes the equipment and procedures that shall be used in evaluating the criteria of Regulation .11C(3)(c)(ii)—(iv) of this chapter to determine whether an aerosol is ignitable. Flame Projection Test. Equipment. The test equipment for the Flame Projection Test consists of a base 4 inches wide and 2 feet long. A 30-inch rule with inches marked is supported horizontally on the side of the base and about 6 inches above it. A plumber's candle of such height that the top third of the flame is at the height of the horizontal rule is placed at the zero point in the base. Procedure. The test is conducted in a draft-free area that can be ventilated and in which the atmosphere can be cleared between each test. The self-pressurized container being tested is placed at a distance of 6 inches from the ignition source and the spray is jetted into the top third of the flame with the valve opened fully for periods of 15 to 20 seconds. The length of the flame projection from the candle position is read on the horizontal scale. Three or more readings are taken on each sample and the average of the readings is taken as the result of the test. Samples are also tested with the container valve in partially open positions to test for “burning back” to the valve. Drum Tests. Equipment. The equipment for the open drum test and the closed drum test consists of a 55-gallon open-head steel drum or similar container that is placed on its side and fitted with a hinged cover over the open end that will open at a pressure of 5 pounds per square inch. The closed or solid end of the container is equipped with one shuttered opening at the top. The shuttered opening is for the introduction of the spray being tested. The opening is approximately 2 inches from the edge of the drum head and is 2 inches in diameter. There is a safety glass or plastic window 6 inches square in the center of the solid end. A lighted plumber's candle is placed inside the drum on the lower side and midway between the ends. Drum Test Procedures. The Open Drum Test and the Closed Drum Test shall be conducted in the open and when the temperature is between 60°F and 80°F. Open Drum Test. This test is conducted with the hinged end of the test equipment in a completely open position and with the shutter closed. The spray from the dispenser of the item being tested, with valve opened fully, is directed into the upper half of the open end and above the ignition source for 1 minute. Any significant propagation of flame through the vapor-air mixture away from the ignition source shall be considered a positive result, except that any minor and unsustained burning in the immediate area of the ignition source is not considered a positive result. Closed Drum Test. This test is conducted with the hinged cover of the test equipment dropped into position to rest freely against the end of the equipment and to close the open end of the drum to make a seal that is reasonably secure, but not necessarily air-tight. The shutter is opened and the spray is jetted into the drum through the shutter with the valve fully opened for 1 minute. After clearing the atmosphere in the drum, the jetting is repeated similarly three times. Any explosion or rapid burning of the vapor-air mixture sufficient to cause the hinged cover to move is considered a positive result. A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, as incorporated by reference in COMAR 26.13.01.05A(4); It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69* as standardized in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). * The NACE Standard is available from the National Association of Corrosion Engineers, P.O. Box 986, Katy, Texas 77450. A solid waste that exhibits the characteristics of corrosivity has the EPA Hazardous Waste Number of D002. A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: It is normally unstable and readily undergoes violent change without detonating; It reacts violently with water; It forms potentially explosive mixtures with water; When mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment; It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment; It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement; It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; It is a: Forbidden explosive as defined in 49 CFR §173.54; or Division 1.1, 1.2, or 1.3 explosive as defined in 49 CFR §173.50 and 173.53. A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003. A solid waste, except manufactured gas plant waste, exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4), the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentration equal to or greater than the respective value given in that table. When the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Test Method 1311, is considered to be the extract for the purpose of this section. A solid waste that exhibits the characteristic of toxicity has the EPA hazardous waste number specified in the following Table 1, which corresponds to the toxic contaminant causing it to be hazardous: Clarification Concerning Manufactured Gas Plant Waste. Manufactured gas plant waste that would exhibit the characteristic of toxicity in the absence of the exception provided in §A of this regulation may not be managed in a landfill that is permitted, licensed, or registered to manage municipal solid waste. A solid waste is a hazardous waste if it is listed in Regulations .16—.19 unless it has been excluded from this list under COMAR 26.13.01.04A and B. The Secretary will indicate his basis for listing the classes or types of wastes listed in Regulations .16—.19 of this chapter by employing one or more of the following hazard codes: Ignitable waste ------------------------------------------(i); Corrosive waste ---------------------------------------- (C); Reactive waste ----------------------------------------- (R); Toxicity characteristic waste ------------------------- (E); Acute hazardous waste -------------------------------- (H); Toxic waste --------------------------------------------- (T). Regulation .23 of this chapter identifies the constituent which caused the Secretary to list the waste as a toxicity characteristic waste (E) or toxic waste (T) in Regulations .16 and .17 of this chapter. Each hazardous waste listed in Regulations .16—.19 of this chapter is assigned a Hazardous Waste Number which precedes the name of the waste. This number shall be used in complying with the notification requirements, and certain record-keeping and reporting requirements under COMAR 26.13.03—26.13.06 and 26.13.09. The following hazardous wastes also listed in Regulations .16 and .17 of this chapter are subject to the exclusion limits for acute hazardous wastes established in Regulation .05 of this chapter: F020, F021, F022, F023, F026, and F027 of Regulation .16 of this chapter; and K991—K999 of Regulation .17 of this chapter. As qualified by §§B and D of this regulation, the solid wastes listed in the “Hazardous Waste” column of Table 1 of this regulation are listed as hazardous wastes from nonspecific sources unless they are excluded under: 40 CFR §260.20 and 40 CFR §260.22, listed in Appendix IX to 40 CFR Part 261, and referenced in Regulation .25 of this chapter; COMAR 26.13.01.04A and C and listed in Regulation .26 of this chapter; or Section C or D of this regulation: *(I,T) should be used to specify mixtures containing ignitable and toxic constituents. Clarifications for Listing of Wastes from Nonspecific Sources — Hazardous Waste Numbers F037 and F038. For the purpose of the F037 and F038 listings in §A of this regulation, “oil/water/solids” means oil, water, or solids, or any combination of these. Aggressive Biological Treatment. For the purposes of the F037 and F038 listings, “aggressive biological treatment units” means units which employ one of the following four treatment methods: Activated sludge; Trickling filter; Rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or High rate aeration. For the purposes of §B(2)(a) of this regulation, “high rate aeration” means a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes and enhance biological activity, in which the units employ a minimum of 6 horsepower per 1,000,000 gallons of treatment volume, and in which either the: 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. Generators and treatment, storage, and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes. If seeking to exempt a sludge from listing as F037 and F038 waste, a person shall maintain, in an operating record or in other on-site records, documents, and data sufficient to prove that the: Unit is an aggressive biological treatment unit as defined in §B(2) of this regulation; and Sludges for which an exemption from the definitions of F037 or F038, or both, is being sought were actually generated in the aggressive biological treatment unit. For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, when “deposition” means at least a temporary cessation of lateral particle movement. For the F038 listing: Sludges are considered to be generated at the moment of deposition in the unit, when “deposition” means at least a temporary cessation of lateral particle movement; and Floats are considered to be generated at the moment they are formed in the top of the unit. Deletion of the F032 Hazardous Waste Code Following Equipment Cleaning and Replacement. Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 in §A of this regulation once the generator has met all of the requirements of §C(3) of this regulation. The waste in §C(1) of this regulation, however, may still be regulated as hazardous waste for other reasons under the provisions of this chapter. A generator who seeks to have the F032 waste code deleted from a waste shall: Clean or replace all process equipment that may have come into contact with chlorophenolic formulations or their constituents, including, but not limited to: Treatment cylinders, Sumps, Tanks, Piping systems, Drip pads, Fork lifts, and Trams; Clean or replace all process equipment described in §C(3)(a) of this regulation in a manner that minimizes or eliminates the release of hazardous waste, hazardous waste constituents or decomposition products, leachate, or contaminated drippage to the ground water, surface water, or atmosphere; Do one of the following: 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; Ensure that an equipment cleaning plan prepared under §C(3)(c) of this regulation describes: 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; Ensure that cleaning performed under §C(3)(c) of this regulation complies with the following requirements: 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; Ensure that the following analytical requirements are met: 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); Manage all residues from the cleaning process as F032 wastes; Ensure that an equipment replacement plan prepared under §C(3)(c) of this regulation describes: What equipment will be replaced, How equipment will be replaced, and How equipment will be disposed; Manage as F032 wastes equipment that is discarded as a result of compliance with §C(3)(c) of this regulation; Document that previous equipment cleaning and replacement was performed in accordance with this section and occurred after the cessation of use of chlorophenolic preservatives; and Maintain the following records documenting the equipment cleaning and replacement as part of the facility's operating record: 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.” Hazardous Waste Number F019 — Conditional Exemption and Record Keeping for Waste Generated in Manufacturing Motor Vehicles. Wastewater treatment sludges from the chemical conversion coating of aluminum are not considered Hazardous Waste Number F019 under §A of this regulation at the point of generation if: The sludges are derived from the use of a zinc phosphating process in the manufacturing of: Automobiles; or Light trucks or utility vehicles, such as light duty vans, pickup trucks, minivans, and sport utility vehicles; The facility where the sludges are generated is engaged in manufacturing: Complete vehicles of either unibody construction or body and chassis construction; or Vehicle chassis; The sludges are disposed off site in a landfill that is permitted, licensed or otherwise authorized to accept the waste; The landfill in which the sludges are disposed is either: A municipal or industrial solid waste landfill that is regulated under Subtitle D of RCRA or equivalent state authority, and is equipped with a single clay liner; or A landfill that is subject to and meets the requirements of COMAR 26.04.07.07C(12), COMAR 26.04.07.19C(2), COMAR 26.13.05.14B, COMAR 26.13.06.22C, 40 CFR §258.40, 40 CFR §264.301, or 40 CFR §265.301, or equivalent state requirements; The sludges are not placed outside on the land before shipment off site to a landfill for disposal. A person who generates sludge exempted from being regulated as Hazardous Waste Number F019 under §D(1) of this regulation shall maintain, on site: Documentation and information sufficient to prove that the requirements of §D(1)(a)—(e) of this regulation have been met, including: The volume of sludge generated and disposed off site; Documentation showing when the waste volumes were generated and sent off site; The name and address of the receiving facility; and Documentation confirming receipt of the waste by the receiving facility; and The records required by §D(2)(a) of this regulation for at least 3 years, with the required retention period extended: Automatically during the course of any enforcement action; or As required by the Secretary or the Regional Administrator of Region 3 of the EPA. As qualified by §B of this regulation, the following solid wastes are listed as hazardous wastes from specific sources unless they are excluded under: 40 CFR §260.20 and 40 CFR §260.22, listed in Appendix IX to 40 CFR Part 261, and referenced in Regulation .25 of this chapter; or COMAR 26.13.01.04A and C and listed in Regulation .26 of this chapter: Qualifiers Concerning Hazardous Waste from Specific Sources. General. This section provides qualifiers concerning the wastes listed in §A of this regulation. The following requirements apply to Hazardous Waste Number K174 listed under the organic chemicals industry in the table in §A of this regulation: A respondent in an action brought to enforce the requirements of Subtitle C of RCRA shall, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that the respondent met the terms of the exclusion provided in the listing for Hazardous Waste Number K174 in §A of this regulation; and In order to make the demonstration required in §B(2)(a) of this regulation, the respondent shall provide appropriate documentation that the terms of the exclusion were met, such as contracts between the generator and the landfill owner or operator, or invoices documenting delivery of waste to an appropriate landfill. The following qualifiers apply to Hazardous Waste Number K181 listed under the organic chemicals industry in the table in §A of this regulation: A nonwastewater that otherwise meets the listing for K181 in §A of this regulation does not meet that waste listing if the nonwastewater is: Disposed in a RCRA Subtitle D landfill unit subject to the design criteria in 40 CFR §258.40 or equivalent state regulations; Disposed in a RCRA Subtitle C landfill unit subject to either 40 CFR §264.301, 40 CFR §265.301, or equivalent state regulations; Disposed in other RCRA Subtitle D landfill units that meet the design criteria in 40 CFR §258.40, 40 CFR §264.301, 40 CFR §265.301, or equivalent state regulations; or Treated in a combustion unit that is permitted under RCRA Subtitle C or is an on-site combustion unit that is permitted under the Clean Air Act. The scope of “dyes and pigments production” for the purposes of the K181 waste listing includes the manufacture of the following product classes: Dyes; Pigments; or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. In identifying applicable product classes under §B(3)(b) of this regulation: Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products; and Triarylmethane products include both triarylmethane and triphenylmethane products. The K181 listing does not apply to the following wastes: Wastes that are not generated at a dyes or pigments manufacturing site, such as wastes from the off-site use, formulation, and packaging of dyes or pigments; Wastes that are otherwise identified as hazardous under COMAR 26.13.02.11—.14 and 26.13.02.16—.19 at the point of generation; and Wastes generated before any annual mass loading limit is met. K181 Listing Levels. Unless the conditions in the K181 listing are met, nonwastewaters are subject to the K181 listing if, during any calendar year, they contain constituents in amounts equal to or exceeding the levels listed in Table 1 in §C(2) of this regulation. Table 1. To demonstrate that a nonwastewater does not qualify for the K181 listing in the organic chemicals industry category, a person shall follow the procedures in 40 CFR §261.32(d). Industry EPA Hazardous Waste Number Hazardous Waste Hazard Code Organic Chemical MD01 Filter cake and chemical sludge from API separators, generated during the production of phthalate esters (T) Military MD02 Except for those wastes excluded by Regulation .26 of this chapter, reaction products resulting from the decontamination of any of the following compounds, including residues from the decontamination of mixtures containing one or more of these compounds: (T) Ethyl dimethylamidocyanophosphate, also known by the common names GA and Tabun and the following alternate chemical names: Ethyl N,N dimethylphosphoramidocyanidate; and Dimethylamidoethoxyphosphoryl cyanide; Isopropyl methanefluorophosphonate, also known by the common names GB and Sarin and the following alternate chemical names: Isopropyl methylphosphonofluoridate; and Isopropyl ester of methylphosphonofluoridic acid; 3,3-dimethyl-n-but-2-yl methylphosphonofluoridate, also known by the common names GD and Soman and the following alternate chemical names: Pinacolyl methylphosphonofluoridate; 1,2,2-trimethylpropyl methylphosphonofluoridate; and Pinacoloxymethylphosphoryl fluoride; O-ethyl S-(2-diisopropyl-aminoethyl) methylphosphonothioate, also known by the common name VX; Chlorovinylarsine dichloride, also known by the common names L and Lewisite and the following alternate chemical names: Dichloro (2-chlorovinyl) arsine; and 2-chlorovinyldichlorarsine; Phenarsazine chloride, also known by the common names DM and Adamsite; Bis(2-chloroethyl) sulfide, also known by the common names sulfur mustard, H, HS, and HD; 2-2'-di(3-chloroethylthio)-diethyl ether, also known by the common name T and the following alternate chemical name: Bis-(2-chloroethylthioethyl) ether MD03 Except for those wastes as excluded by Regulation .26 of this chapter: (T) (a) Residues from the treatment of a liquid having one or more of the hazardous waste numbers K991—K999 if the treatment method, to the Secretary's satisfaction, consistently produces no residue that meets the criteria of Regulation .09A(2) of this chapter for listing as an acute hazardous waste; or (b) A solid item that: (i) Is known to or is thought to have contained, on the item's surface or within the item through sorption, one or more of the hazardous wastes K991—K999; (ii) Has been successfully decontaminated, that is, has been decontaminated sufficiently to allow safe disposition through commercial hazardous waste treatment, storage, and disposal facilities; and (iii) Contains none of the wastes K991—K999 in greater than very small, insignificant amounts. Agency note: Once the MD03 hazardous waste number is assigned to a waste, the K hazardous waste number associated with the waste from which the MD03 waste is derived is no longer applicable. Agency note: A solid item, assigned a hazardous waste number K991—K999 because it contained the corresponding waste, no longer carries the K hazardous waste number if the solid item has been successfully decontaminated and no longer contains the K waste in more than very small, insignificant amounts. A solid item that no longer contains residues from the decontamination of a hazardous waste K991—K999 does not carry the MD03 hazardous waste number. The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in Regulation .02A(2)(a) of this chapter, when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land instead of their original intended use or when they are contained in products that are applied to the land instead of their original intended use or when, instead of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel: Any commercial chemical product, or manufacturing chemical intermediate, having the generic name listed in §E, F, G, or H of this regulation. Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in §E, F, G, or H of this regulation. Any residue remaining in a container or inner liner removed from a container that has been used to hold any commercial chemical product or manufacturing chemical intermediate having the generic name listed in §E, F, G, or H of this regulation unless the container or inner liner is empty as defined in Regulation .07B of this chapter or as specified in COMAR 26.13.10.35. Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any commercial chemical product or manufacturing chemical product or manufacturing chemical intermediate having the generic name listed in §E or G or mixtures containing polychlorinated biphenyls (PCBs) at concentrations greater than 50 ppm. The hazardous waste number for these mixtures is MX 01. The commercial chemical products, or manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates referred to in §§A—D of this regulation are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in Regulation .05C of this chapter. These wastes and their corresponding EPA Hazardous Waste Numbers are: Additionally, the following wastes are identified as acute hazardous (H) and are subject to the small quantity exclusion defined in Regulation .05C: The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products, referred to in §§A—D of this regulation, are identified as toxic wastes (T) unless otherwise designated and are subject to the small quantity exclusion defined in Regulation .05A and C of this chapter. These wastes and their corresponding EPA Hazardous Waste Numbers are: Additionally, the following wastes are identified as Maryland Toxic (MT) and are subject to the same provisions as those identified in Regulation .19G: General. This regulation establishes conditions that shall be met in order for the following materials to be excluded from the definition of solid waste when the materials are undergoing recycling: A used, broken cathode ray tube (CRT); and Processed CRT glass. Use Constituting Disposal. If a used, broken CRT or glass from a used CRT is going to be recycled by being used in a manner constituting disposal, as described in Regulation .02C(1)(a)(i) and (ii) of this chapter, the used, broken CRT or glass from a used CRT shall be managed in accordance with the requirements of COMAR 26.13.10.01 rather than the requirements of this regulation. Speculative Accumulation. A used, broken CRT or glass from a used CRT that is material accumulated speculatively, as defined in Regulation .01D of this chapter, is a solid waste when recycled unless otherwise excluded from the definition of solid waste by Regulation .02 of this chapter. Management Requirements. Requirements concerning: Management of used, broken CRTs before processing are established in §B of this regulation; Exports of broken CRTs are established in Regulation .19-7 of this chapter, including requirements on notification of intent to export and consent of the receiving country; Processing used, broken CRTs are established in §C of this regulation; and Processed CRT glass are established in §D of this regulation. Management before Processing. In order for a used, broken CRT that is undergoing recycling to be excluded from the definition of solid waste under Regulation .04A(19)(c) of this chapter the following conditions shall be met: The used, broken CRT shall be: Stored in a building with a roof, floor and walls; or Placed in a container, that is, a package or a vehicle, that is constructed, filled, and closed to minimize releases to the environment of CRT glass, including fine solid materials; The container, that is, the package or vehicle, that constitutes the primary containment for the used, broken CRT shall be labeled or clearly marked with the following phrases: Either: “Used cathode ray tube(s) — contains leaded glass”; or “Leaded glass from televisions or computers”; and “Do not mix with other materials”; The used, broken CRT shall be transported in a container that meets the requirements of §B(1)(b) and §B(2) of this regulation; and The used, broken CRT may not be: Used in a manner constituting disposal, as described in §A(2) of this regulation; or Accumulated speculatively, as described in §A(3) of this regulation. Requirements for Used CRT Processing. In order for a used, broken CRT that is undergoing cathode ray tube processing as defined in COMAR 26.13.01.03B to be excluded from the definition of solid waste under Regulation .04A(19)(c) of this chapter, the following requirements shall be met: A used, broken CRT that a processor has accepted for processing and that is being held before beginning the processing activities identified in §C(2)(a) of this regulation: Shall be stored in a building with a roof, floor and walls; or If stored somewhere other than a building with a roof, floor and walls, shall be stored in a container, that is, a package or a vehicle, that is constructed, filled, and closed to minimize releases to the environment of CRT glass, including fine solid materials; The used, broken CRT shall be processed in accordance with the following requirements: The following activities shall be performed in a building with a roof, floor and walls: Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and Sorting or otherwise managing glass removed from CRT monitors; and No activities may be performed that use temperatures high enough to volatilize lead from CRTs; and The used, broken CRT may not be: Used in a manner constituting disposal, as described in §A(2) of this regulation; or Accumulated speculatively, as described in §A(3) of this regulation. Requirements for Processed CRT Glass. Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is material accumulated speculatively as defined in Regulation .01D of this chapter. General. This regulation establishes requirements concerning exports of used, broken CRTs being recycled that must be met in order for the used, broken CRTs to be excluded from the definition of solid waste. The requirements of this regulation are in addition to the requirements of Regulation .19-6 of this chapter. Processed CRT glass, that is, CRT glass that has been sorted or otherwise managed under the definition of CRT processing in COMAR 26.13.01.03B, is not subject to the export notification requirements of this regulation. Unsorted CRT glass is considered to be a used, broken CRT for the purposes of this regulation. A person engaged in the export of used, broken CRTs for recycling: Shall comply with applicable requirements of 40 CFR §261.39(a)(5); and In complying with the requirements of 40 CFR §261.39(a)(5), shall: Comply with provisions in the Code of Federal Regulations as referenced rather than analogous provisions in COMAR; and Make the required notification to EPA as specified, rather than to the Department. A used, intact CRT exported for recycling is not a solid waste if the used, intact CRT: Is managed in accordance with the requirements concerning notice and consent that apply to used, broken CRTs in Regulation .19-7B of this chapter; and Is not material accumulated speculatively as defined in Regulation .01D of this chapter. Notification and Record Keeping. As qualified by §B(2) of this regulation, a CRT exporter who exports used, intact CRTs for reuse shall comply with the notification and record-keeping requirements of 40 CFR §261.41; and In complying with the notification requirements of 40 CFR §261.41, a person shall make the required notification to EPA as specified, rather than to the Department. The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. Samples collected using the sampling protocols listed in §B, of this regulation, for sampling waste with properties similar to the indicated materials, will be considered by the Department to be representative of the waste. Sampling Protocols. Extremely viscous liquid — ASTM Standard D140-70. Crushed or powdered material — ASTM Standard D346-75. Soil or rock-like material — ASTM Standard D420-69. Soil-like material — ASTM Standard D1452-65. Fly Ash-like material — ASTM Standard D2234-76. (ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA 19103.) Containerized liquid wastes — “COLIWASA” described in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods”*, U.S. Environmental Protection Agency, Office of Solid Waste, Washington, D.C. 29460 (copies may be obtained from Solid Waste Information, U.S. Environmental Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio 45268). Liquid waste in pits, ponds, lagoons, and similar reservoirs — “Pond Sampler” described in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods”.* ------* These methods are also described in “Samplers and Sampling Procedures for Hazardous Waste Streams”, EPA 600/2-80-018, January 1980.----- This regulation also contains additional information on application of these protocols. The EP Toxicity (Method 1310A) is published in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). The Toxicity Characteristic Leaching Procedure (TCLP) (Method 1311) is published in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publications SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). Appropriate analytical procedures to determine whether a sample contains a given toxic constituent are specified in Chapter Two, “Choosing the Correct Procedure”, found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). Before selecting a final sampling and analysis method, a person shall consult the specific section or method described in SW-846 for additional guidance on which of the approved methods should be employed for a specific situation involving sample analysis. EPA HazardousWaste Number Hazardous Constituents For Which Listed F001 tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorinated fluorocarbons, carbon tetrachloride F002 tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, o-dichlorobenzene, trichlorofluoromethane F003 N.A.* —Waste is hazardous because it meets either the ignitability, corrosivity, or reactivity characteristic. F004 cresols and cresylic acid, nitrobenzene F005 toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2-ethoxyethanol, benzene,2-nitropropane F006 cadmium, hexavalent chromium, nickel, cyanide (complexed) F007 cyanide (salts) F008 cyanide (salts) F009 cyanide (salts) F010 cyanide (salts) F011 cyanide (salts) F012 cyanide (complexed) F019 hexavalent chromium, cyanide (complexed) F020 tetra- and pentachlorodibenzo-p-dioxins, tetra- and pentachlorodibenzofurans; tri- and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts F021 penta- and hexachlorodibenzo-p-dioxins, penta- and hexachlorodibenzofurans, pentachlorophenol and its derivatives F022 tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-, and hexachlorodibenzofurans F023 tetra-, and pentachlorodibenzo-p-dioxins, tetra- and pentachlorodibenzofurans, tri- and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts F024 chloromethane,dichloromethane, trichloromethane, carbon tetrachloride, chloroethylene,1,1-dichloroethane, 1-2 dichloroethane, trans-1-2-dichloroethylene, 1,1-dichloroethylene,1,1,1-trichloroethane, 1,1,2-trichloroethane, trichloroethylene, 1,1,1,2-tetrachloroethane,1,1,2,2-tetrachloroethane, tetrachloroethylene, pentachloroethane, hexachloroethane, allyl chloride (3-chloropropene), dichloropropane, dichloropropene, 2-chloro-1,3-butadiene,hexachloro-1,3-butadiene, hexachlorocyclopentadiene, hexachlorocyclohexane, benzene, chlorobenzene, dichlorobenzenes, 1,2,4-trichlorobenzene, tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, toluene, naphthalene F025 chloromethane, dichloromethane, trichloromethane, carbon tetrachloride, chloroethylene,1,1-dichloroethane, 1,2-dichloroethane, trans-1,2-dichloroethylene, 1,1-dichloroethylene,1,1,1-trichlororethane, 1,1,2-trichloroethane, trichloroethylene, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, tetrachloroethylene, pentachloroethane, hexachloroethane,allyl chloride (3-chloropropene), dichloropropane, dichloropropene, 2-chloro-1,3-butadiene, hexachloro-1,3-butadiene, hexachlorocyclopentadiene, benzene, chlorobenzene, dichlorobenzene, 1,2,4-trichlorobenzene, tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, toluene, naphthalene F026 tetra-, penta-, and hexachlorodibenzo-p-dioxins, tetra-, penta-, and hexachlorodibenzofurans F027 tetra- and penta-, and hexachlorodinenzo-p-dioxins, tetra-, penta-, and hexachlorodibenzofurans, tri-, tetra-, and pentachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts F028 tetra-, penta-, and hexachlorodibenzo-p-dioxins, tetra-, penta-, and hexachlorodibenzofurans, tri-, tetra-, and pentachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts F032 benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-dioxins, tetra-, penta-, hexa-, heptachlorodibenzofurans F034 benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene, dibenz(a,h)anthracene,indeno(1,2,3-cd)pyrene, naphthalene, arsenic, chromium F035 arsenic, chromium, lead F037 benzene, benzo(a)pyrene, chrysene, lead, chromium F038 benzene, benzo(a)pyrene, chrysene, lead, chromium F039 All constituents for which treatment standards are specified for multi-source leachate, both wastewaters and nonwastewaters, under 40 CFR §268.43, Table CCW K001 pentachlorophenol, phenol, 2-chlorophenol, p-chloro-m-cresol, 2,4-dimethylphenol,2,4-dinitrophenol, trichlorophenols, tetrachlorophenols, creosote, chrysene, naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene, benz(a)anthracene, dibenz(a)anthracene, acenaphthalene K002 hexavalent chromium, lead K003 hexavalent chromium, lead K004 hexavalent chromium K005 hexavalent chromium, lead K006 hexavalent chromium K007 cyanide (complexed), hexavalent chromium K008 hexavalent chromium K009 chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid K010 chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid, chloroacetaldehyde K011 acrylonitrile, acetonitrile, hydrocyanic acid K013 hydrocyanic acid, acrylonitrile, acetonitrile K014 acetonitrile, acrylamide K015 benzyl chloride, chlorobenzene, toluene, benzothrichloride K016 hexachlorobenzene, hexachlorobutadiene, carbon tetrachloride, hexachloroethane, perchloroethylene K017 epichlorohydrin, chloroethers, (bis(chloromethyl) ether and bis(2-chloroethyl) ethers), trichloropropane, dichloropropanols K018 1,2-dichloroethane, trichloroethylene, hexachlorobutadiene, hexachlorobenzene K019 ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachloroethane and 1,1,1,2-tetrachloroethane), trichloroethylene, tetrachloroethylene, carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride K020 ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane, tetrachloroethanes(1,1,2,2-tetrachloroethane and 1,1,1,2-tetrachloroethane), trichloroethylene, tetrachloroethylene, carbon tetrachloride, chlorophorm, vinyl chloride, vinylidene chloride K021 antimony, carbon tetrachloride, chloroform K022 phenol, tars (polycyclic aromatic hydrocarbons) K023 phthalic anhydride, maleic anhydride K024 phthalic anhydride, 1,4-naphthoquinone K025 meta-dinitrobenzene, 2,4-dinitrotoluene K026 paraldehyde, pyridines, 2-picoline K027 toluene diisocyanate, toluene-2,4-diamine K028 1,1,1-trichloroethane, vinyl chloride K029 1,2-dichloroethane, 1,1,1-trichloroethane, vinyl chloride, vinylidene chloride, chloroform K030 hexachlorobenzene, hexachlorobutadiene, hexachloroethane, 1,1,1,2-tetrachloroethane,1,1,2,2-tetrachloroethane, ethylene dichloride K031 arsenic K032 hexachlorocyclopentadiene K033 hexachlorocyclopentadiene K034 hexachlorocyclopentadiene K035 creosote, chrysene, naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)anthracene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene K036 toluene, phosphorodithioic and phosphorothioic acid esters K037 toluene, phosphorodithioic and phosphorothioic acid esters K038 phorate, formaldehyde, phosphorodithioic and phosphorothioic acid esters K039 phosphorodithioic and phosphorothioic acid esters K040 phorate, formaldehyde, phosphorodithioic and phosphorothioic acid esters K041 toxaphene K042 hexachlorobenzene, ortho-dichlorobenzene K043 2,4-dichlorophenol, 2,6-dichlorophenol, 2,4,6-trichlorophenol K044 N.A. K045 N.A. K046 lead K047 N.A. K048 hexavalent chromium, lead K049 hexavalent chromium, lead K050 hexavalent chromium K051 hexavalent chromium, lead K052 lead K060 cyanide, naphthalene, phenolic compounds, arsenic K061 hexavalent chromium, lead, cadmium K062 hexavalent chromium, lead K069 hexavalent chromium, lead, cadmium K071 mercury K073 chloroform, carbon tetrachloride, hexachloroethane, trichloroethane, tetrachloroethylene, dichloroethylene, 1,1,2,2-tetrachloroethane K083 aniline, nitrobenzene, diphenylamine, phenylenediamine K084 arsenic K085 benzene, dichlorobenzenes, trichlorobenzene, tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, benzyl chloride K086 hexavalent chromium, lead K087 phenol, naphthalene K088 cyanide (complexes) K093 phthalic anhydride, maleic anhydride K094 phthalic anhydride K095 1,1,2-trichloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane K096 1,2-dichloroethane, 1,1,1-trichloroethane, 1,1,2-trichloroethane chlordane, heptachlor K097 chlordane, heptachlor K098 toxaphene K099 2,4-dichlorophenol, 2,4,6-trichlorophenol K100 hexavalent chromium, lead, cadmium K101 arsenic K103 aniline, nitrobenzene, phenylenediamine K104 aniline, benzene, diphenylamine, nitrobenzene, phenylenediamine K105 benzene, monochlorobenzene, dichlorobenzenes, 2.4.6-trichlorophenol K106 mercury K107 1,1-dimethylhydrazine (UDMH) K108 1,1-dimethylhydrazine (UDMH) K109 1,1-dimethylhydrazine (UDMH) K110 1,1-dimethylhydrazine (UDMH) K111 2,4-dinitrotoluene K112 2,4-toluenediamine, o-toluidine, p-toluidine, aniline K113 2,4-toluenediamine, o-toluidine, p-toluidine, aniline K114 2,4-toluenediamine, o-toluidine, p-toluidine K115 2,4-toluenediamine K116 carbon tetrachloride, tetrachloroethylene, chloroform, phosgene K117 ethylene dibromide K118 ethylene dibromide K123 ethylene thiourea K124 ethylene thiourea K125 ethylene thiourea K126 ethylene thiourea K131 dimethyl sulfate, methyl bromide K132 methyl bromide K136 ethylene dibromide K141 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(ah)anthracene, indeno(1,2,3-cd)pyrene K142 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(ah)anthracene, indeno(1,2,3-cd)pyrene K143 Benzene, benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene K144 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a)anthracene K145 Benzene, benz(a)anthracene, benzo(a)pyrene, dibenz(ah)anthracene, naphthalene K147 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(ah)anthracene, indeno (1,2,3-cd)pyrene K148 Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(ah)anthracene, indeno(1,2,3-cd)pyrene K149 Benzotrichloride, benzyl chloride, chloroform, chloromethane, chlorobenzene,1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, toluene K150 Carbon tetrachloride, chloroform, chloromethane, 1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, 1,1,2,2-tetrachloroethane, tetrachloroethylene, 1,2,4-trichlorobenzene K151 Benzene, carbon tetrachloride, chloroform, hexachlorobenzene, pentachlorobenzene, toluene, 1,2,4,5-tetrachlorobenzene, tetrachloroethylene K156 benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde, methylene chloride, triethylamine K157 carbon tetrachloride, formaldehyde, methyl chloride, methylene chloride, pyridine, triethylamine K158 benomyl, carbendazim, carbofuran, carbosulfan, chloroform, methylene chloride K159 benzene, butylate, eptc, molinate, pebulate, vernolate K161 antimony, arsenic, metam-sodium, ziram K169 benzene K170 benzo(a)pyrene, dibenz(a,h)anthracene, benzo (a) anthracene, benzo (b)fluoranthene, benzo(k)fluoranthene, 3- methylcholanthrene, 7,12- dimethylbenz(a)anthracene K171 benzene, arsenic K172 benzene, arsenic K174 1,2,3,4,6,7,8-Heptachlorodibenzo-p- dioxin (1,2,3,4,6,7,8-HpCDD); 1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF); 1,2,3,4,7,8,9- Heptachlorodibenzofuran (1,2,3,6,7,8,9-HpCDF); HxCDDs (All Hexachlorodibenzo-p-dioxins); HxCDFs (All Hexachlorodibenzofurans); PeCDDs (All Pentachlorodibenzo-p-dioxins); OCDD (1,2,3,4,6,7,8,9- Octachlorodibenzo-p-dioxin); OCDF (1,2,3,4,6,7,8,9- Octachlorodibenzofuran); PeCDFs (All Pentachlorodibenzofurans); TCDDs (All Tetrachlorodibenzo-p-dioxins); TCDFs (All Tetrachlorodibenzofurans) K175 mercury K176 arsenic, lead K177 antimony K178 thallium K181 Aniline, o-anisidine, 4-chloroaniline, p-cresidine, 2,4-dimethylaniline, 1,2-phenylenediamine, 1,3-phenylenediamine For the purposes of this regulation, “hazardous constituent” means any of the substances listed in Appendix VIII of 40 CFR Part 261. Wastes identified in Appendix IX to 40 CFR Part 261, which the EPA has excluded from the lists of hazardous waste in 40 CFR Part 261, Subpart D, are considered to have been excluded from the list of hazardous waste from nonspecific sources in Regulation .16 of this chapter and the list of hazardous waste from specific sources in Regulation .17 of this chapter. Wastes with State Hazardous Waste Number MD02. In accordance with COMAR 26.13.01.04A and C, wastes that are residuals from the decontamination of the chemical warfare agents identified in §A(2) of this regulation that would otherwise be assigned State Hazardous Waste Number MD02 are excluded from the list of hazardous wastes in Regulation .18 of this chapter if the decontamination: Has been conducted according to the protocol presented in §4.2 of the report “To Support the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources COMAR 10.51.02.16 and 10.51.02.16-1 K991—K999 and Residues from K991—K999” (U.S. Army Chemical Research, Development and Engineering Center, Aberdeen Proving Ground, Maryland, 1988), which is incorporated by reference; and Is performed at a facility located at the U.S. Army Aberdeen Proving Ground that is operated by: The Edgewood Chemical Biological Center or a successor organization; or The Medical Research Institute of Chemical Defense or a successor organization. (Agency note: The document cited in §A(1)(a) of this regulation was subsequently retitled and republished without other changes by the U. S. Army Chemical Research, Development and Engineering Center as “Support for the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources (State) MD02 in COMAR 10.51.02.16-1”, Report Number CRDEC-TR-009, November 1988.) The exclusion of §A(1) of this regulation is applicable to residuals from the decontamination of the following chemical warfare agents: Ethyl dimethylamidocyanophosphate, also known by the common names GA and Tabun and the following alternate chemical names: Ethyl N,N dimethylphosphoramidocyanidate; and Dimethylamidoethoxyphosphoryl cyanide; Isopropyl methanefluorophosphonate, also known by the common names GB and Sarin and the following alternate chemical names: Isopropyl methylphosphonofluoridate; and Isopropyl ester of methylphosphonofluoridic acid; 3,3-dimethyl-n-but-2-yl methylphosphonofluoridate, also known by the common names GD and Soman and the following alternate chemical names: Pinacolyl methylphosphonofluoridate; 1,2,2-trimethylpropyl methylphosphonofluoridate; and Pinacoloxymethylphosphoryl fluoride; O-ethyl S-(2-diisopropyl-aminoethyl) methylphosphonothioate, also known by the common name VX; Chlorovinylarsine dichloride, also known by the common names L and Lewisite, and the following alternate chemical names: Dichloro (2-chlorovinyl) arsine; and 2-chlorovinyldichloroarsine; and Bis(2-chloroethyl) sulfide, also known by the common names sulfur mustard, H, HS, and HD. Wastes with State Hazardous Waste Number MD03. In accordance with COMAR 26.13.01.04A and C, wastes that are residuals from the decontamination and treatment of the waste chemical warfare agents having Hazardous Waste Numbers K991—K995 or K997 that would otherwise be assigned State Waste Hazardous Number MD03 are excluded from the list of hazardous wastes in Regulation .18 of this chapter if the decontamination and treatment: Has been conducted according to the protocol presented in §4.2 of the report “To Support the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources COMAR 10.51.02.16 and 10.51.02.16-1 K991—K999 and Residues from K991—K999” (U.S. Army Chemical Research, Development and Engineering Center, Aberdeen Proving Ground, Maryland, 1988), which is incorporated by reference; and Is performed at a facility located at the U.S. Army Aberdeen Proving Ground that is operated by the Edgewood Chemical Biological Center or a successor organization. (Agency note: The document cited in §B(1) of this regulation was subsequently retitled and republished without other changes by the U. S. Army Chemical Research, Development and Engineering Center as “Support for the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources (State) MD02 in COMAR 10.51.02.16-1”, Report Number CRDEC-TR-009, November 1988.) HD Hydrolysate. In accordance with COMAR 26.13.01.04A and C, HD hydrolysate, the effluent from the chemical neutralization by a hydrolysis reaction of waste chemical warfare agent HD (Hazardous Waste Number K997), that would otherwise be assigned State Hazardous Waste Number MD03, is excluded from the list of hazardous wastes in Regulation .18 of this chapter if: The HD hydrolysate is produced as a result of a hydrolysis reaction between HD and water in a low temperature, low pressure environment, that is, at a temperature on the order of 200 degrees Fahrenheit and a pressure on the order of 30 pounds per square inch absolute; Analysis of a representative sample of the HD hydrolysate, using a method acceptable to the Secretary, demonstrates that the concentration of HD in the hydrolysate is nondetect with a method detection limit of 20 parts per billion or less; and The HD hydrolysate is solely produced at the U.S. Army Aberdeen Proving Ground, Aberdeen Chemical Agent Neutralization Facility, Aberdeen Proving Ground, Maryland under: A controlled hazardous substances treatment facility permit issued by the Department; or An order issued under authority of Environment Article, §7-207(a), Annotated Code of Maryland. Exclusion of Wastes Generated by Organizations Not Identified in §§A—C of this Regulation. A waste having State Hazardous Waste Number MD02 or MD03, that is generated by an organization at the U.S. Army Aberdeen Proving Ground not identified in §§A—C of this regulation, may be excluded from the list of hazardous wastes in Regulation .18 of this chapter if the generator of the waste: Ensures that the waste will be generated from a treatment or decontamination process or will be subjected to a treatment or decontamination process that is identified in §§A—C of this regulation; Provides the Secretary with a written notification that includes: A statement that the generator believes that the waste should be excluded from the list of hazardous wastes in Regulation .18 of this chapter; The identity of the generator and the facility where the waste will be generated, decontaminated, or treated; and A description of how the waste will be generated, decontaminated or treated, and why the generator believes it should be excluded from the list of hazardous wastes in Regulation .18 of this chapter; Provides the Secretary with additional information that the Secretary may consider necessary to evaluate the appropriateness of excluding the waste; and Receives written approval of the exclusion from the Secretary. Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulations .01—.17 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 .02C, F; .04A, B, D; .05D, .06B, .15, .16, and .17E, F amended, .05F adopted, and .07C repealed effective February 13, 1984 (11:3 Md. R. 202) Regulations .02F, .03A. .06B, .13B, .14, .15, .17E—F and Appendices IV and V amended, and .05G adopted effective July 30, 1984 (11:5 Md. R. 1330) Regulations .02F, .04D, .07C, and .16-1 adopted effective January 31, 1983 (10:2 Md. R. 110) Regulations .03A, .04A and B, .07A and B, .10A, .11A, .12A, and .17F amended effective January 31, 1983 (10:2 Md. R. 110) Regulations .04, .05C, .06B, .15, .16, .17E, F, and Appendix IV amended effective January 18, 1982 (9:1 Md. R. 20) Regulation .05A, B amended effective August 12, 1985 (12:16 Md. R. 1607) Regulation .16 amended as an emergency provision effective January 13, 1987 (14:3 Md. R. 269); emergency status expired June 29, 1987; adopted permanently effective July 12, 1987 (14:14 Md. R. 1573) Regulation .16-1 amended as an emergency provision effective January 13, 1987 (14:3 Md. R. 269); emergency status expired June 29, 1987; adopted permanently effective July 12, 1987 (14:14 Md. R. 1573) Annotation: COMAR 10.51.02 cited in Thomas v. State of Maryland, 62 Md. App. 160 (1985) Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .02A—F repealed, and new A—G adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .03C amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .04A, B amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .05A—F amended, and G repealed effective April 18, 1988 (15:8 Md. R. 1009) Regulation .06 repealed and new Regulation .06 adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .06-1 adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .14E amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .15 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .16 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .16-1 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .17 amended effective April 18, 1988 (15:8 Md. R. 1009) Appendices III, IV, and V amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .06-1 recodified to Regulation .07 Regulations .07—.16 recodified to Regulations .08—.17 Regulation .16-1 recodified to Regulation .18 Regulation .17A—E recodified to Regulation .19A—E Regulation .17E-1, F, and G recodified to Regulation .19F, G, and H Appendices I—VI codified as Regulations .20—.25 Chapter recodified from COMAR 10.51.02 to COMAR 26.13.02 Regulation .01C amended effective December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853) Regulation .02A amended effective August 28, 1995 (22:17 Md. R. 1321) Regulation .02A, G amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .02C amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .03A amended effective December 23, 1991 (18:25 Md. R. 2759); September 7, 1998 (25:18 Md. R. 1438) Regulation .04 amended and recodified to Regulations .04 and .04-1—.04-3 effective December 23, 1991 (18:25 Md. R. 2759) 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) Regulations .04-1 amended effective April 11, 1994 (21:7 Md. R. 533); September 7, 1998 (25:18 Md. R. 1438) Regulations .04-4 and .04-5 adopted effective December 23, 1991 (18:25 Md. R. 2759) Regulation .04-4B amended effective May 5, 1997 (24:9 Md. R. 659) Regulation .05B amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .05C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .05D amended effective May 24, 1993 (20:10 Md. R. 853); May 8, 1995 (22:9 Md. R. 648) Regulation .05E amended effective September 7, 1998 (25:18 Md. R. 1438) Regulation .06 amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .06A 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); September 7, 1998 (25:18 Md. R. 1438) Regulation .06D adopted effective August 28, 1995 (22:17 Md. R. 1321) Regulation .09A amended effective April 11, 1994 (21:7 Md. R. 533) Regulation .10A amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .14 repealed and new Regulation .14 adopted effective December 23, 1991 (18:25 Md. R. 2759) Regulation .15B and C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .16 amended effective December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533); September 10, 1997 (24:5 Md. R. 413) Regulation .17 amended effective June 10, 1992 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533); August 28, 1995 (22:17 Md. R. 1321) Regulation .18 amended effective March 6, 1989 (16:4 Md. R. 498) Regulation .19 amended effective December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533) Regulation .22 amended effective May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533); September 10, 1997 (24:5 Md. R. 413) Regulation .23 amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533); August 28, 1995 (22:17 Md. R. 1321); September 10, 1997 (24:5 Md. R. 413) Regulation .24 amended effective April 11, 1994 (21:7 Md. R. 533); September 10, 1997 (24:5 Md. R. 413) Regulation .25 amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533); September 10, 1997 (24:5 Md. R. 413) Regulation .26 adopted effective March 6, 1989 (16:4 Md. R. 498) Chapter revised effective October 16, 2000 (27:20 Md. R. 1843) Regulation .01B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .01C amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); January 13, 2022 (49:1 Md. R. 14) Regulation .02A, C amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .02B amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .02G amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14) Regulation .02H adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .03 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .03A amended effective January 18, 2016 (43:1 Md. R. 14) Regulation .04A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); January 18, 2016 (43:1 Md. R. 14); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .04C adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .04-1 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .04-1A amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .04-3A amended effective May 1, 2008 (35:8 Md. R. 809); January 13, 2022 (49:1 Md. R. 14) Regulation .04-3D adopted January 13, 2022 (49:1 Md. R. 14) Regulation .04-4 amended effective May 1, 2008 (35:8 Md. R. 809); May 3, 2021 (48:9 Md. R. 359) Regulation .04-4A amended January 13, 2022 (49:1 Md. R. 14) Regulation .04-4F adopted January 13, 2022 (49:1 Md. R. 14) Regulation .04-5 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .04-5A amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .04-6 adopted effective January 18, 2016 (43:1 Md. R. 14) Regulation .04-7 adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .05 amended effective November 1, 2002 (29:21 Md. R. 1647); May 3, 2021 (48:9 Md. R. 359) Regulation .05A amended effective January 1, 2007 (33:26 Md. R. 1999); January 13, 2022 (49:1 Md. R. 14) Regulation .05A, D amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .05B amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .05G adopted effective January 1, 2007 (33:26 Md. R. 1999) Regulation .06 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .06A amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .06A, A-1 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .06A-1 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .06B adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .06C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .06D repealed effective January 13, 2022 (49:1 Md. R. 14) Regulation .06E adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .06E repealed effective January 13, 2022 (49:1 Md. R. 14) Regulation .07A, B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .07B amended effective September 11, 2006 (33:18 Md. R. 1507); May 1, 2008 (35:8 Md. R. 809) Regulation .07-1 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .07-1B amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .10 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .10B amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .11 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .11A, C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .11-1 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .12B amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .13 amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .14 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .15D amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .16 amended effective January 18, 2016 (43:1 Md. R. 14) Regulation .16A amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .17 amended effective July 8, 2002 (29:13 Md. R. 992); May 1, 2008 (35:8 Md. R. 809); January 13, 2022 (49:1 Md. R. 14) Regulation .17A amended effective January 18, 2016 (43:1 Md. R. 14) Regulation .18 amended effective July 8, 2002 (29:13 Md. R. 992) Regulation .19 amended effective May 1, 2008 (35:8 Md. R. 809); May 3, 2021 (48:9 Md. R. 359) Regulation .19C, G amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .19-1 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .19-2 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .19-2 amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .19-3 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .19-4 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .19-5 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .19-6 adopted effective January 18, 2016 (43:1 Md. R. 14) Regulation .19-6A, D amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .19-7 adopted effective January 18, 2016 (43:1 Md. R. 14) Regulation .19-7 repealed and new Regulation .19-7 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .19-8 adopted effective January 18, 2016 (43:1 Md. R. 14) Regulation .19-8 repealed and new Regulation .19-8 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .23 amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .24 repealed and new Regulation .24 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .25 adopted effective January 18, 2016 (43:1 Md. R. 14) Regulation .26 repealed and new Regulation .26 adopted effective July 8, 2002 (29:13 Md. R. 992) These regulations establish standards for generators of hazardous waste, and include: Requirements that must be met in order for a generator to qualify for exemptions from specified requirements of COMAR 26.13; and Requirements that a generator must meet independently of those requirements that determine eligibility for a conditional exemption, with these independent requirements including: Hazardous waste determination and record keeping requirements of Regulations .02, .02-1, and .02-2 of this chapter; Determination of applicability of requirements of this chapter based on amounts of hazardous waste generated and amounts of hazardous waste accumulated, as specified in §§A-1 and A-2 of this regulation; Requirements concerning EPA identification numbers and renotification in Regulations .03—.03-2 of this chapter; Manifest requirements of Regulation .04 of this chapter; Pre-transport requirements of Regulation .05 of this chapter; Record keeping and reporting requirements of Regulation .06 of this chapter; and Requirements of 40 CFR Part 262 Subpart H, concerning transboundary movements of hazardous waste for recovery and disposal. To determine the applicability of a provision of this chapter that depends on the amount of hazardous waste generated per calendar month, a person shall use the criteria of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste generated. Except as provided in §§J—L of this regulation, a person is subject to the requirements of this chapter if the person meets any of the following criteria: Generates 100 kilograms or more of hazardous waste in a calendar month; Accumulates, at any time, more than 100 kilograms of hazardous waste; Generates in a calendar month or accumulates at any time more than 1 kilogram of acute hazardous waste as specified in COMAR 26.13.02.05C(1), (2), (6,) and (7); Generates in a calendar month or accumulates at any time: Any containers identified in COMAR 26.13.02.19C that are larger than 20 liters in capacity; 10 kilograms or more of inner liners from containers identified in COMAR 26.13.02.19C; or 100 kilograms or more of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or onto any land or water of any acute hazardous waste listed in COMAR 26.13.02.16—.19. Requirements for Maryland-defined Small Quantity Generators. A person who does not meet any of the criteria in §A-2 of this regulation is referred to as a “Maryland-defined small quantity generator”. A Maryland-defined small quantity generator is subject to the requirements of COMAR 26.13.02.05 rather than this chapter, except: For the requirements of Regulations .05-3—.05-5 of this chapter, regarding episodic generation; and As specified in COMAR 26.13.02.05; A person's eligibility to operate under the requirements applicable to Maryland-defined small quantity generators under COMAR 26.13.02.05 may be determined on a month-to-month basis, based on the amounts of hazardous waste and acute hazardous waste that: Are generated in a given month; and Have been accumulated on site at any time during that month. Renotification Requirements for Maryland-defined Small Quantity Generators. Except as provided in Regulation .03-1 of this chapter, a person in possession of an EPA identification number issued under Regulation .03B of this chapter is not required to notify the Department of a change in the person's generator status if the generator status changes as a result of the person either newly qualifying as a Maryland-defined small quantity generator or no longer qualifying as a Maryland-defined small quantity generator. However, if the person expects the new status to remain unchanged for an extended period, the person is encouraged to notify the Department of the change in status by completing EPA Form 8700-12 with current information and submitting the revised form to the Department. A generator who treats, stores, or disposes of hazardous wastes on-site shall comply with the following sections of this chapter with regards to that waste: Requirements identified in §A(2) of this regulation; If applicable, Regulation .07-4 of this chapter for farmers; Regulations .03-3—.03-10 of this chapter, concerning accumulation of hazardous waste; and Applicable requirements of §§C—J of this regulation. Any person who imports foreign hazardous waste into the State shall comply with the standards applicable to generators established in this chapter. A farmer who generates waste pesticides which are hazardous wastes and who complies with all of the requirements of Regulation .07-4 of this chapter is not required to comply with other standards in this chapter or COMAR 26.13.05, 26.13.06, 26.13.07, or 26.13.09 with respect to these pesticides. A person who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the compliance requirements and penalties prescribed in Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, if that person does not comply with the requirements of this chapter. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter. A generator of hazardous waste who treats, stores, or disposes hazardous waste on-site shall comply with the applicable standards and permit requirements of COMAR 26.13.05, 26.13.06, 26.13.07, and 26.13.09, but may be exempted from certain of these requirements under Regulation .03-4 of this chapter. A generator subject to regulation under this chapter shall also comply with the “Emergency Procedures” requirements of COMAR 26.13.05.04G(4). A generator subject to regulation under this chapter shall follow the notification requirements of Section 3010 of RCRA by complying with the requirements of Regulation .03A—C of this chapter, or, if applicable, Regulation .03F of this chapter. Persons responding to an explosives or munitions emergency in accordance with the following are not required to comply with the standards of this chapter: COMAR 26.13.07.01A; and Any of the following: COMAR 26.13.05.01A(3)(h)(iv); COMAR 26.13.05.01D(5) and (6); COMAR 26.13.06.01A(4)(h)(iv); or COMAR 26.13.06.01A(5)(b) and (c). A reverse distributor, as defined in COMAR 26.13.01.03B, is subject to COMAR 26.13.10.32—.49 instead of this chapter for the management of hazardous waste pharmaceuticals. A healthcare facility, as defined in COMAR 26.13.01.03B: Shall determine whether the healthcare facility is subject to the provisions of COMAR 26.13.10.32—.49 for the management of hazardous waste pharmaceutical based on: The total hazardous amount of waste that the healthcare facility generates each calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste; and The criteria in COMAR 26.13.10.32E and F; and Shall, if the healthcare facility is a very small quantity generator under federal regulations, as described in COMAR 26.13.03.01-1B, when counting all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, refer to COMAR 26.13.10.32D(1)(c) and (d) to determine the applicable requirements for managing the generator’s hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste. Federal hazardous waste regulations in 40 CFR Parts 260—270 define and use the terms “very small quantity generator”, “small quantity generator”, and “large quantity generator”. This regulation: Restates the definitions of the federally-defined hazardous waste generator categories; Identifies certain requirements for which the applicability of the requirements to a Maryland generator of hazardous waste depends on the generator’s federally-defined hazardous waste generator category; and Identifies certain reduced requirements that a Maryland generator of hazardous waste may take advantage of if the generator meets the federal definition of a small quantity generator. Federal Categories for Hazardous Waste Generators. Under federal regulations at 40 CFR §260.10, a: “Very small quantity generator” is a generator who generates less than or equal to the following amounts in a calendar month: 100 kilograms (220 lbs) of nonacute hazardous waste; 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); and 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); “Small quantity generator” is a generator who generates that following amounts in a calendar month: Greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste; Less than or equal to 1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); and Less than or equal to 100 kilograms (220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); “Large quantity generator” is a generator who generates any of the following amounts in a calendar month: Greater than or equal to 1,000 kilograms (2200 pounds) of non-acute hazardous waste; Greater than 1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e) of this chapter; or Greater than 100 kilograms (220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e). Federal Generator Categories — Healthcare Facilities that Generate Hazardous Waste Pharmaceuticals. To determine the applicable federally-defined hazardous waste generator category, a healthcare facility as defined in COMAR 26.13.01.03B shall refer to COMAR 26.13.10.32F. A Maryland generator of hazardous waste shall: Determine the applicable generator category under federal regulations using the procedures in 40 CFR §262.13, except that the generator shall: Use the provisions of COMAR 26.13.02.05A(2) instead of the provisions of 40 CFR §262.13(c) in identifying waste that should not be counted in determining the federal generator category; Exclude from the quantity of waste that determines the generator’s federal generator category any hazardous waste that is regulated as a hazardous waste under Maryland regulations but not federal regulations; and Use the provisions of COMAR 26.13.02.05A(3)instead of the provisions of 40 CFR §262.13(d) in identifying the quantity of hazardous waste generated in a calendar month. Use the federal generator category determined under §C(1) of this regulation for the purposes of: Completing forms associated with: Obtaining an EPA identification number under Regulation .03 of this chapter; Satisfying the renotification requirement of Regulation .03-1 of this chapter; and Reactivating an EPA identification number under Regulation .03-2 of this chapter; Completing forms associated with the biennial report of hazardous waste activity required by Regulation .06B of this chapter; and Determining eligibility for exemptions from certain requirements that are available to persons who qualify as a small quantity generator under federal regulations, as specified in §D of this regulation. Exemptions from Certain Requirements Based on a Generator’s Federal Generator Category. A generator who qualifies as a small quantity generator under federal regulations, and who does not accept hazardous waste from off site for consolidation under the provisions of Regulation .03-11 of this chapter, is not required to comply with: The requirement of Regulation .03-5D(1) of this chapter and COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan; The requirement of Regulation .03-5E of this chapter to prepare and distribute a quick reference guide to the facility contingency plan; The requirement of Regulation .03-6G(1) of this chapter that containers holding ignitable or reactive waste are to be located at least 15 meters (50 feet) from the facility property line; The requirements of Regulations .03-6J and .03-7B(1)(d) of this chapter to comply with air emissions standards in 40 CFR Part 265 Subparts AA, BB, and CC; and The closure notification requirements of regulation .05-2B of this chapter. A person who generates a solid waste, as defined in COMAR 26.13.02.02: Shall: Make an accurate determination as to whether that waste is a hazardous waste, with an “accurate determination” being a determination that allows the person to determine the requirements that are applicable to the waste and the generator of the waste under the provisions of COMAR 26.13.01—26.13.10 and federal hazardous waste regulations; and Take into account, when the determination required by §A(1)(a) of this regulation is made, changes in the properties of the waste that are known or likely to occur before the ultimate disposition of the waste due to: Exposure of the waste to the environment; or Other factors; Shall, in complying with §A(1) of this regulation, make the determination for each solid waste: At the point of waste generation before any dilution, mixing, or other alteration of the waste occurs; and At any time in the course of the management of the waste when: The properties of the waste have, or may have, changed as a result of exposure of the waste to the environment or because of other factors; and The change or potential change to the properties of the waste may cause a change to the classification of the waste made under §A(2)(a) of this regulation; May, subject to the requirements of §A(4) of this regulation, designate the solid waste to be a hazardous waste if the person: Assumes that the solid waste is a hazardous waste without having made a formal determination following the procedures in Regulation .02-1 of this chapter; or Has decided to voluntarily designate and manage the solid waste as a hazardous waste despite a determination, using the procedures in Regulation .02-1 of this chapter, that the waste does not have to be managed as a hazardous waste; and Shall, if the person has made the assumption that the waste is hazardous, as specified in §A(3)(a) of this regulation: Determine whether the waste is an acute hazardous waste, as specified in Regulation .02-1 of this chapter; Comply with the record keeping requirements of Regulation .02-2 of this chapter, if applicable; and Identify all hazardous wastes numbers that may be associated with the waste, in accordance with the requirements of §D(1) of this regulation, if applicable. A person making the determination required by §A of this regulation shall: Follow the procedures specified in Regulation .02-1 of this chapter in characterizing the waste; and Unless the person qualifies as a Maryland-defined small quantity generator, comply with the record keeping requirements specified in Regulation .02-2 of this chapter. If the result of the determination required by §A of this regulation is that the waste is a hazardous waste, the generator of the waste shall refer to COMAR 26.13.02, 26.13.05, 26.13.06, 26.13.09, and 26.13.10 for possible exclusions or restrictions pertaining to management of the specific waste. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall: Identify, for each hazardous waste generated, all hazardous waste numbers and EPA hazardous waste numbers, as specified in COMAR 26.13.02.11—.19, that apply to the hazardous waste; and Comply with the record keeping requirements of Regulation .02-2 of this chapter. Agency Note: information from the complete determination of applicable hazardous waste numbers required by §D(1) of this regulation is needed in order to comply with the container marking requirements of Regulation .03-10 of this chapter. 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. 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: Determine if the waste is excluded from regulation under COMAR 26.13.02.04—.04-5; If the waste is not excluded from regulation under COMAR 26.13.02.04—.04-5: Determine if the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19; and Determine whether the waste exhibits any of the characteristics of hazardous waste specified in COMAR 26.13.02.10—.14. To determine if a waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, a person shall: Use knowledge of the waste to determine if the waste meets any of the listing descriptions in COMAR 26.13.02.10—.14; and 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: The origin of the waste; Waste composition; The process that produced the waste; The feedstock for the process from which the waste is derived; and 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. Determining Whether a Waste Exhibits a Characteristic of Hazardous Waste. To determine whether a waste exhibits a characteristic of hazardous waste, a person shall: Apply knowledge of the characteristics of the waste in accordance with §D(2) of this regulation; Test the waste in accordance with §D(3) of this regulation; or Use a combination of both application of knowledge of the waste and testing of the waste. 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: Shall apply knowledge of the hazard characteristics of the waste in light of the materials and the processes used to generate the waste; 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: 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; Knowledge of products, by-products, and intermediates produced by the manufacturing process; Chemical or physical characteristics of wastes; Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; Testing that illustrates the properties of the waste; or Other reliable and relevant information about the properties of the waste or its constituents; and 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: Understands that such tests, by themselves, do not provide definitive results; and Ensures that any testing that is performed is done on a representative sample as defined in COMAR 26.13.01.03B. 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: 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 Perform the testing on a representative sample as defined in COMAR 26.13.01.03B. 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. 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. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall maintain records that support the generator’s hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined by COMAR 26.13.02.03. Record Retention Period. A generator who is required under §A of this regulation to maintain records of a hazardous waste determination shall maintain the records for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. The period of record retention specified in §B(1) of this regulation is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. A person required to maintain records under §A of this regulation shall ensure that the records: Comprise the generator’s knowledge of the waste and support the generator’s determinations made in accordance with Regulation .02-1B—D of this chapter; and Include, at a minimum, the following types of information: The results of any tests, sampling, waste analyses, or other determinations made in accordance with Regulations .02 and .02-1 of this chapter; Records documenting the tests and sampling referenced in §C(2)(a) of this regulation, and information on analytical methods used to demonstrate the validity and relevance of such tests; Records that were consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and Records that explain the basis for the knowledge that the generator relied on in determining whether a waste exhibits a characteristic of hazardous waste, in accordance with Regulation .02-1D of this chapter. A generator may not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Department. A generator who has not received an EPA identification number may obtain one by applying to the Department using EPA Form 8700-12 or another form specified by the Department. Upon receiving a request for an EPA identification number, the Department will: Assign an identification number to the generator; or Inform the generator that an EPA identification number has previously been assigned to the site for which the generator is applying for a number, provide the previously assigned number to the generator, and instruct the generator to use the previously assigned number for the purposes of compliance with this chapter. In completing EPA Form 8700-12, a generator: Shall determine the generator's federally defined hazardous waste generator category as specified in Regulation .01-1B—C of this chapter; and May elect to identify on the form as being in a more stringently regulated category of generator than is actually the case based on the generator's current rate of hazardous waste generation, such as identifying as a large quantity generator when the generator's current rate of generation corresponds to the small quantity generator category. A generator may not offer the generator's hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. A recognized trader may not arrange for import or export of hazardous waste without having received an EPA identification number from the Department. Temporary EPA Identification Number. A generator who is required to obtain an EPA identification number in order for a shipment of hazardous waste to be made from a particular location may apply to the Department for a temporary EPA identification number if the location has not previously been issued an EPA identification number or a temporary EPA identification number. To obtain a temporary EPA identification number, a person shall contact the Department and provide the Department with any information that the Department considers to be relevant to the request for the temporary EPA identification number, including information on the site location, information about the generator, information about the waste, information about the person who will transport the waste, and information about the destination facility to which the waste will be sent. If additional hazardous waste is generated at the site subsequent to the completion of shipment off site of the hazardous waste that necessitated issuance of a temporary EPA identification number for the site, the generator: May not continue to use the temporary EPA identification number that had been issued for the site; and Shall obtain an EPA identification number for the site as specified in §B of this regulation, unless the generator is otherwise excluded from the requirement to obtain an EPA identification number for the site. Periodic Renotification Requirement. Periodically, except as specified in §B of this regulation, the hazardous waste generator or the owner or operator associated with a site for which an EPA identification number has been issued shall file a renotification with the Department to provide current information about the generator and the site, as specified in §§C and D of this regulation. Exclusions. The renotification requirement of §A of this regulation does not apply with respect to a site: With an EPA identification number that has been deactivated in accordance with Regulation .03-2 of this chapter, unless a person has initiated or resumed a hazardous waste activity at the site that requires an EPA identification number; or For which only a temporary EPA identification number has been issued under Regulation .03G of this chapter. Initial Renotification. Applicability. Except as provided in §B of this regulation, this initial renotification requirement applies with respect to each site with an EPA identification number where: A person qualified as a fully regulated generator of hazardous waste, as defined in COMAR 26.13.01.03B, at any time during the period running from January 1, 2011 through December 31, 2020; or As of December 31, 2020, the hazardous waste generator status was identified in the U.S. Environmental Protection Agency’s RCRAInfo data base as a federally-defined small quantity generator or a large quantity generator. Initial Renotification Requirement. For a site identified in §C(1) of this regulation, the owner, the operator, and the hazardous waste generator associated with the site shall jointly ensure that one of them satisfies the renotification requirement of §A of this regulation by either: Having submitted a biennial report of hazardous waste activity for 2019; or Submitting, to the Department, by September 1, 2021, a subsequent notification of hazardous waste activity using EPA Form 8700-12. Subsequent Renotifications. Applicability. Except as provided in §B of this regulation, a subsequent notification requirement applies with respect to each site with an EPA identification number where: A person qualified as a fully regulated generator of hazardous waste, as defined in COMAR 26.13.01.03B, at any time during a 4-year period specified in §D(2) of this regulation; or As of January 1 of the last calendar year of a 4-year period specified in §D(2) of this regulation, the hazardous waste generator status was identified in the U.S. Environmental Protection Agency’s RCRAInfo data base as a federally-defined small quantity generator or a large quantity generator. Periods of Activity for Subsequent Renotifications. The subsequent renotification requirements of §D(1) and (3) of this regulation apply to the 4-year period that runs from September 1, 2021 to September 1, 2025 and to each successive 4-year period defined by adding whole number multiples of 4 years to these starting and ending dates. Subsequent Renotification Requirements. For a site identified in §D(1) of this regulation, the owner, operator, and hazardous waste generator associated with the site shall jointly ensure that one of them satisfies the renotification requirement of §D(1) of this regulation by either: Having submitted a biennial report of hazardous waste activity for the full odd-numbered year that falls in the 4-year period specified in §D(2) of this regulation, such as 2023 for the period September 1, 2021 to September 1, 2025; or Submitting, to the Department, a subsequent notification of hazardous waste activity using EPA Form 8700-12 during the period that runs from January 1 to September 1 of the last calendar year of the 4-year period specified in in §D(2) of this regulation, such as 2025 for the period September 1, 2021 to September 1, 2025. Deactivation at the Request of the Holder of an EPA Identification Number. If, at a site that has been issued an EPA identification number, no hazardous waste activity that requires possession of an EPA identification number is being conducted, the owner or the operator of the site may request that the Department deactivate the EPA identification number. To request deactivation of an EPA identification number, a person shall: Complete EPA Form 8700-12 with current information; Indicate that the form is being submitted in order to deactivate the specific EPA identification number associated with the site because no hazardous waste activities that require an EPA identification number are being conducted at the site; and Submit the completed form to the Department. An EPA identification number that has been deactivated: Will remain associated with the location to which it was assigned for tracking purposes in State and federal databases to indicate that hazardous waste activity has occurred at the site; and Shall be reactivated in accordance with §C of this regulation if any activities that require an EPA identification number are conducted at the site subsequent to the deactivation. Deactivation on the Initiative of the Department. The Department may deactivate an EPA identification number on the Department’s own initiative if the Department determines that no activity that requires an EPA identification number is being conducted at the location associated with the EPA identification number, and no such activity is likely to be conducted for the foreseeable future. Reactivation. If a person initiates or resumes an activity that requires possession of an EPA identification number at a site at which the EPA identification number has been deactivated, the person shall request that the EPA identification number be reactivated by: Completing EPA Form 8700-12 with current information; Indicating on the form that the form is being submitted in order to reactivate the specific EPA identification number associated with the site; and Submitting the completed form to the Department. Applicability. This regulation establishes conditions under which a person may accumulate a limited quantity of hazardous waste in containers at or near the point of generation of the waste without having to: Manage the area where the waste is being accumulated under the hazardous waste accumulation requirements of Regulations .03-4—.03-10 of this chapter, except as otherwise specified in this regulation; Obtain a CHS permit issued under COMAR 26.13.07 for the area in which the hazardous waste is being accumulated; or Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the area where the hazardous waste is being accumulated. A hazardous waste management area referred to in §A(1) of this regulation is known as a satellite accumulation area. Eligible Locations. A location is only eligible to be used as a satellite accumulation area for hazardous waste if the location is: At or near a point of generation where the waste initially accumulates; and Under the control of the operator of the process generating the waste. Satellite Accumulation Area Waste Removal Triggers. If a person accumulates more than the following amounts of hazardous waste in a satellite accumulation area, the person shall take the actions specified in §D of this regulation with respect to that waste: 55 gallons of nonacute hazardous waste; or Acute hazardous waste in excess of: 1 quart of liquid acute hazardous waste; Either 1 kilogram of solid acute hazardous waste or 1 quart of solid acute hazardous waste, at the discretion of the person who is accumulating the waste; or 1 kilogram of any combination of solid and liquid acute hazardous waste. If a waste removal trigger has been reached in a satellite accumulation area for nonacute hazardous waste but not for acute hazardous waste, or vice versa, the actions specified in §D of this regulation are only required for the waste for which the waste removal trigger has been exceeded. Actions Required if a Waste Removal Trigger is Exceeded. The requirements of this section apply separately to containers of acute hazardous waste and containers of nonacute hazardous waste. Upon accumulation in a satellite accumulation area of an amount of hazardous waste that exceeds a quantity specified in §C(1) of this regulation, the generator of the waste shall: Immediately mark each container of hazardous waste that is contributing to the exceedance with the date on which the exceedance occurred; and If the generator begins using an additional container for the accumulation of hazardous waste in the satellite accumulation area, contributing to the exceedance of the waste removal trigger, before the actions required by §D(3) of this regulation are taken, the generator shall mark the container with the date identified in §D(2)(a) of this regulation. Not later than the end of the third day after the date of exceedance identified in §D(2)(a) of this regulation, the generator shall either: Begin operating the satellite accumulation area as a hazardous waste accumulation area in accordance with the requirements of Regulation .03-4 of this chapter; or Remove all waste required to have been marked with the date of exceedance from the satellite accumulation area and transfer it to: A hazardous waste accumulation area operated in accordance with the requirements of Regulation .03-4 of this chapter; An on-site interim status or permitted hazardous waste treatment, storage, or disposal facility; or An off-site designated facility authorized to accept the waste. Management Standards. The generator of a hazardous waste that is being managed in a satellite accumulation area shall ensure that the waste is managed in accordance with the requirements of this section. If the generator fails to do so, then, during the period of noncompliance, the generator will lose the exemption from the requirement to have a CHS permit or interim status, and may be subject to enforcement action for operating a CHS facility without a permit or interim status authorization. Container Standards. The generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired. If a container of hazardous waste in a satellite accumulation area is not in good condition, or if it begins to leak, the generator shall immediately: Transfer the hazardous waste from the container to a container that is in good condition and that does not leak; or Transfer the hazardous waste to a hazardous waste accumulation area operated in compliance with the requirements of Regulation .03-4 of this chapter. Special Standards for Incompatible Wastes. A person: May not place incompatible wastes, or incompatible wastes and materials, examples of which are found in COMAR 26.13.05.24, in the same container unless the requirements of COMAR 26.13.05.02H(2) are met; May not place hazardous waste in an unwashed container that previously held an incompatible waste or material unless the requirements of COMAR 26.13.05.02H(2) are met; and Shall ensure that a container that holds hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers is separated from the other materials or protected from them by any practical means. A container holding hazardous waste shall be kept closed at all times during accumulation except when: Adding, removing, or consolidating waste; or Temporary venting of the container is necessary: For the proper operation of equipment; or To prevent dangerous situations, such as the buildup of extreme pressure. The generator shall mark or label a container that is being used to accumulate hazardous waste with The words “Hazardous Waste”; and An indication of the hazards of the contents of the container, with the marking or label communicating the hazards by: Listing the hazardous waste characteristic or characteristics that the waste exhibits; Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; Providing a chemical hazard label consistent with the National Fire Protection Association code 704; or Some other method that is at least as effective as any of the methods listed in §E(5)(b)(i)—(iv) of this regulation. The generator shall ensure that the satellite accumulation area is operated in accordance with the: Preparedness and prevention requirements of Regulation .03-5C of this chapter; and Contingency plan and emergency procedure requirements of Regulation .03-5D and E of this chapter. General. Except as specified in §A(2) of this regulation, this regulation and Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter specify requirements with which a person subject to this chapter shall comply in order for the person to be allowed to temporarily accumulate hazardous waste on-site without having met the requirement to either: Obtain a CHS permit issued under COMAR 26.13.07 for the unit in which the hazardous waste is being managed; or Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the unit in which the hazardous waste is being managed. The requirements specified in this regulation and Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter do not apply to the management of hazardous waste: In a satellite accumulation area in accordance with the requirements of Regulation .03-3 of this chapter; or In accordance with the alternative standards for episodic generation events in Regulations .05-3—.05-5 of this chapter. A person who fails to comply with a requirement of this regulation, Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, or Regulations .05-1—.05-2 of this chapter while accumulating hazardous waste: Shall, while out of compliance, lose the exemption from the requirement to have a CHS permit or be operating under interim status authority; and May be subject to enforcement action for operating a CHS facility without a permit or having qualified for interim status. A person who is accumulating hazardous waste without a permit or without having qualified for interim status under the exemption provided by this regulation shall, before the time limit specified in §C of this regulation is exceeded: Ship the waste to an off-site facility permitted or authorized to accept it; Place the waste in an on-site permitted hazardous waste management unit; or Otherwise arrange for final disposition of the waste in accordance with State and federal regulations regarding hazardous waste management. Types of Waste Management Units Authorized for Accumulation of Hazardous Waste. A person may accumulate hazardous waste under the exemption from permit requirements provided by this regulation: In containers, as specified in Regulation .03-6 of this chapter; In tanks, as specified in Regulation .03-7 of this chapter; On drip pads, as specified in Regulation .03-8 of this chapter, if the waste is drippage from a wood preserving process, precipitation, or surface water run-on; or In a containment building, as specified in Regulation .03-9 of this chapter. Limits on Time of Accumulation of Hazardous Waste. A person may accumulate a hazardous waste on site for no more than 90 days, unless: The generator has been granted an extension on accumulation time by the Department, in accordance with §D of this regulation; The waste is being managed in a satellite accumulation area under the provisions of Regulation .03-3 of this chapter; The waste is being managed in a container or a tank by a person who qualifies for an additional 90 days of accumulation time under the provisions of §D(2) of this regulation, for a maximum accumulation limit of 180 days, by being a person who: Either: Meets the federal definition of a small quantity generator; or Does not qualify as a Maryland-defined small quantity generator under Regulation .01A-3(1) of this chapter, and meets the federal definition of a very small quantity generator; Never accumulates more than: 1,000 kilograms of hazardous waste; and 1 kilogram of acute hazardous waste; and Does not receive hazardous waste from an off-site generator under the provisions of Regulation .03-11 of this chapter; The waste is being managed in a unit that has: Been approved for management of the waste under the terms of a CHS permit; or Qualified for interim status; or The waste is being managed under the provisions for an episodic generation event in Regulations .05-3—.05-5 of this chapter. Allowance for Accumulation of Hazardous Waste for Additional Periods of Time. The Department may grant an extension of up to 30 days to the 90-day accumulation time limit of §C of this regulation or the 180 day accumulation time limit of §D(2) of this regulation if the Department determines that an extension is necessary due to temporary, unforeseen, and uncontrollable circumstances. A generator who meets the criteria in §C(3) of this regulation may accumulate hazardous waste for up to 90 days beyond the 90 day limit specified in §C of this regulation. In order to be eligible for the exemption from permitting and interim status requirements with respect to accumulation of hazardous waste identified in §A of this regulation, a person shall comply with all requirements of this regulation and Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter. Except as provided in Regulation .03-4A(2) of this chapter, a person who is accumulating hazardous waste without authorization provided by a permit or interim status, or under the exclusions applicable to Maryland-defined small quantity generators shall comply with all provisions of this regulation. Personnel Training. The generator of a hazardous waste that is being accumulated: Shall: Implement a personnel training program that meets the requirements of COMAR 26.13.05.02G, as modified by §B(1)(b), (2) and (3) of this regulation; and Ensure that the training program is designed to teach facility personnel how to: Perform their duties in a way that ensures compliance with State and federal regulations regarding hazardous waste management; and Respond effectively and appropriately to emergencies that may involve hazardous waste; May implement the personnel training program required by §B(1) of this regulation through a program of online training, classroom instruction, on-the-job training, or all of these; and Is not required to provide separate emergency response training to facility personnel who receive emergency response training in accordance with the requirements of 29 CFR §1910.120(p)(8) and 29 CFR §1910.120(q) if the overall training program otherwise meets the requirements of §B(1) and (2) of this regulation. Preparedness and Prevention. Except as provided in §C(2) of this regulation, a person subject to this regulation: Shall: Ensure that, for each area at a site where hazardous waste is generated or accumulated, the requirements of COMAR 26.13.05.03 for preparedness and prevention at a hazardous waste facility are met; and Maintain records documenting arrangements made with local emergency response agencies required by COMAR 26.13.05.03H, or, in cases where such arrangements do not exist, documenting attempts that were made to make such arrangements; and May determine the most appropriate locations within the facility to locate equipment necessary to prepare for and respond to emergencies. A person is not required to have a particular kind of equipment specified in COMAR 26.13.05.03C at a given location at a site if the person can demonstrate to the Department that, for safety reasons, the location does not lend itself to having the particular kind of equipment. Contingency Plan and Emergency Procedures. Except as provided in §D(2) of this regulation, a person subject to this regulation shall comply with the requirements of COMAR 26.13.05.04B—G. A hazardous waste generator is exempt from the requirement of COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan, and the requirements of §E of this regulation regarding a quick reference guide for emergency responders if the generator: Meets the federal definition of a small quantity generator; and Does not receive hazardous waste from an off-site Maryland-defined small quantity generator under the provisions of Regulation .03-11 of this chapter. In addition to submitting a copy of the contingency plan to the persons identified in COMAR 26.13.05.04D(2), the generator may also submit the plan to a local emergency planning committee, as appropriate. Quick Reference Guide for Emergency Responders. Except for persons identified in §D(2) of this regulation, a generator shall, by the deadline specified in §E(3) of this regulation, submit a quick reference guide for emergency responders that meets the requirements of this section. The generator shall submit the quick reference guide to: All local emergency responders who may be called upon to provide emergency services, such as police departments, fire departments, hospitals, and State and local emergency response teams; or As appropriate, a local emergency planning committee. Deadlines for Submission. A person who was accumulating hazardous waste under the provisions of Regulation .03-4 of this chapter before December 1, 2021 shall distribute the quick reference guide in accordance with §E(1) of this regulation when the generator first amends the generator’s contingency plan after December 1, 2021; and A person who begins accumulating hazardous waste under the provisions of Regulation .03-4 of this chapter on or after December 1, 2021 shall have distributed the quick reference guide before having begun the accumulation of hazardous waste. The generator shall include the following in the quick reference guide: Identification, in layman’s terms, of the types or names of hazardous wastes being managed, such as “toxic paint waste”, “spent ignitable solvent”, or “corrosive acid”; The maximum amount of hazardous waste that may be present at any time; Identification of any hazardous waste for which an exposure to the waste would require unique or special treatment by medical or hospital staff; A map of the facility that shows where hazardous wastes are generated, accumulated, and treated, and routes for accessing these wastes; A street map that shows the location of the facility in relation to surrounding businesses, schools, and residential areas, with sufficient detail to allow emergency response personnel to determine how best to: Get to the facility; and Evacuate citizens and workers; The locations and capacities of sources of water supply, such as fire hydrants and their flow rates; Identification of on-site emergency notification systems, such as smoke alarms or a fire alarm that rings off-site; and The name of each emergency coordinator and the telephone number at which each emergency coordinator can be reached at any time, or, if the facility continuously has an emergency coordinator on duty, the telephone number at which the on-duty emergency coordinator can be reached. Revisions. The generator shall: Update, if necessary, the quick reference guide to the contingency plan whenever the generator amends the contingency plan; and Submit the revised contingency plan and quick reference guide to the persons identified in §E(2) of this regulation. Status of Recovered Material Following an Emergency. Unless the generator can demonstrate, in accordance with COMAR 26.13.02.03C and D and COMAR 26.13.02.04-1 that material recovered following an emergency is not a hazardous waste, then the recovered material is a newly generated hazardous waste, and the generator shall manage the waste in accordance with all applicable requirements and conditions of this chapter, COMAR 26.13.04, and COMAR 26.13.06. Except as provided in §B of this regulation, a hazardous waste generator who is accumulating hazardous waste in a container without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10 of this chapter. The requirements of this regulation do not apply to a container being managed in accordance with the requirements for satellite accumulation areas in Regulation .03-3 of this chapter. Condition of Containers. If a container holding hazardous waste is not in good condition, or if a container holding hazardous waste begins to leak, the generator shall immediately: Transfer the hazardous waste from the container to a container that is in good condition; or Manage the waste in some other way that complies with the requirements identified in Regulation .03-4 of this chapter. Compatibility of Waste with Container. The generator shall use a container made of or lined with materials that do not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired. Management of Containers. The generator shall ensure that a container holding hazardous waste: Is always closed during storage, except when it is necessary to add or remove waste; and Is not opened, handled, or stored in a manner that may rupture the container or cause it to leak. Inspections. The generator shall: Inspect each area where a container is stored, at least weekly, looking for leaks and for deterioration of containers and the containment system caused by corrosion or other factors; and Maintain an inspection log or summary in accordance with the following: The log or summary documents inspections performed in accordance with §F(1) of this regulation; The log or summary includes the date and time of each inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs made or other remedial actions taken; and The generator keeps the log on file for a minimum of 3 years from the date of inspection. Special Conditions for Accumulation of Ignitable Waste and Reactive Waste. The generator shall: Ensure that all containers holding ignitable waste or reactive waste are located at least 15 meters (50 feet) from the facility’s property line unless the generator: Has obtained a written approval from the authority having jurisdiction over the local fire code allowing ignitable or reactive waste to be accumulated within the restricted area; or Qualifies for the exemption from this requirement under Regulation .01-1D(3) of this chapter that is available to certain persons who qualify as a federally-defined small quantity generator; Maintain a record of the written approval required by §G(1)(a) of this regulation for as long as the ignitable or reactive waste is accumulated in the otherwise-restricted area; and Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by complying with the requirements of COMAR 26.13.05.03G. Special Conditions for Accumulation of Incompatible Wastes. The generator shall comply with the requirements of COMAR 26.13.05.09G. Containment. The generator shall ensure that each area in which hazardous waste is being accumulated in containers meets the requirements of COMAR 26.13.05.09H. Air Emission Standards. The generator shall comply with all applicable requirements of Subparts AA, BB, and CC of 40 CFR Part 265 unless the generator qualifies for the exemption that is available under Regulation .01-1D(4) of this chapter to certain persons who qualify as a federally-defined small quantity generator. A hazardous waste generator who is accumulating hazardous waste in a tank without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10B of this chapter. A person subject to this regulation shall: Comply with the requirements of: COMAR 26.13.05.10A and C—E, .10-1, .10-2, .10-6A, and COMAR 26.13.06.18D(1)—(3); COMAR 26.13.05.10-3B, except that the person need not obtain approval by the Department of the written assessment required by COMAR 26.13.05.10-3B(1) before managing hazardous waste in the tank system; COMAR 26.13.05.10-4; and All applicable requirements of Subparts AA, BB, and CC of 40 CFR Part 265 unless the generator qualifies for the exemption that is available under Regulation .01-1D(4) of this chapter to certain persons who qualify as a federally-defined small quantity generator. Inspect overfill controls at least once each operating day; Maintain an inspection log or summary in accordance with the following: The log or summary documents inspections performed in accordance with §B(2) of this regulation and COMAR 26.13.05.10D; The log or summary includes the date and time of each inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs made or other remedial actions taken; and The generator keeps the log on file for a minimum of 3 years from the date of inspection; Use inventory logs, monitoring equipment, or other records to demonstrate that: If using a batch process, hazardous waste has been emptied within 90 days of first entering the tank or by an alternate deadline established under Regulation .03-4C(1) or C(3) of this chapter; and If using a continuous flow process, the volumes of hazardous waste that are estimated to be entering the tank each day are exiting the tank within 90 days of first entering the tank or by an alternate deadline established under Regulation .03-4C(1) or C(3) of this chapter; Keep inventory logs or records with the information required by §B(4) of this regulation on site and available for inspection; Submit to the Department, by the deadline specified in §B(7) of this regulation, the following information for each tank being used to accumulate hazardous waste: Date of installation of the tank, or, if the date of installation is unknown, the age of the facility; Tank capacity; Secondary containment capacity; Whether the tank is an above-ground tank, on-ground tank, in-ground tank, or underground tank; For underground tanks, whether the tank can be entered for inspection; and Waste code of each waste managed in the tank; and Provide the information required by §B(6) of this regulation by the following deadlines: For an existing tank system, as defined in COMAR 26.13.01.03B by January 1, 1994; For a new tank system, as defined in COMAR 26.13.01.03B, before the tank is used to manage hazardous waste. A hazardous waste generator who is accumulating hazardous waste on a drip pad without authorization provided by a permit or interim status shall comply with all provisions of this regulation. If hazardous waste is placed on a drip pad, the generator shall: Manage the waste in accordance with the requirements of COMAR 26.13.05.17-1—.17-4; Remove all wastes from the drip pad at least once every 90 days; Manage any waste removed from the drip pad by: Accumulating the waste for no more than 90 days in containers, tanks, or a containment building in accordance with the requirements of Regulation .04-1 of this chapter; Managing the waste in accordance with the requirements for satellite accumulation areas in Regulation .03-3 of this chapter; Shipping the waste to an off-site facility permitted or authorized to accept it; Placing the waste in an on-site permitted hazardous waste management unit; or Otherwise arranging for final disposition of the waste in accordance with State and federal regulations regarding hazardous waste management. Maintain, at the facility, the following records readily available for inspection: A written description of procedures that are followed to ensure that all wastes are removed from the drip pad, the sump, and the collection system at least once every 90 days; and Documentation, for each waste removal, of the date, the time, and the quantity of waste removed from the drip pad, the sump, and the collection system; and Notify the Department in writing of the intent to close the drip pad at least 45 days before closure begins. A hazardous waste generator who is accumulating hazardous waste in a containment building without authorization provided by a permit or interim status shall comply with all provisions of this regulation. If hazardous waste is placed in a containment building, the generator shall: Manage the waste in accordance with the requirements of COMAR 26.13.05.18—.18-3; Label the containment building with the words “Hazardous Waste” in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, and other persons on site; Provide, in a conspicuous place, a label or signage that: Indicates the hazards of the waste that is being accumulated; Communicates the hazards associated with the waste by: Listing the hazardous waste characteristic or characteristics that the waste exhibits; Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; Providing a chemical hazard label consistent with the National Fire Protection Association Code 704; or Some other method that is at least as effective as one of the methods listed in §B(3)(b)(i)—(iv) of this regulation; Before accumulating hazardous waste in the unit, obtain and place in the facility’s operating record a certification by a qualified registered professional engineer that the containment building design meets the requirements of COMAR 26.13.05.18-1; and Maintain records at the facility documenting that hazardous waste is not accumulated in the containment building for periods of accumulation longer than 90 days, with the records: Being generated by use of inventory logs, monitoring equipment, or another equally effective means; Consisting of either: Documentation that the containment building is emptied at least once every 90 days; or A written description of the procedures that are followed to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices at the facility that shows these practices are consistent with respecting the 90-day limit, and documentation demonstrating that the procedures have been followed; and Being readily available for inspection. Containers. A person accumulating hazardous waste in a container shall mark or label the container with: The words “Hazardous Waste”; An indication of the hazards of the contents of the container, with the marking or label communicating the hazards by: Listing each hazardous waste characteristic of those identified in COMAR 26.13.02.11—.14 that the waste exhibits; Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; Providing a chemical hazard label consistent with the National Fire Protection Association Code 704; or Some other method that is at least as effective as any of the methods listed in §A(2)(a)—(d) of this regulation; and The date upon which each period of accumulation begins, with the date clearly visible for inspection. Tanks. A person accumulating hazardous waste in a tank shall mark or label the tank with: The words “Hazardous Waste”; and An indication of the hazards of the contents of the tank, with the marking or label communicating the hazards by one of the methods identified in §A(2)(a)—(e) of this regulation. Purpose. This regulation establishes conditions under which a person may accept hazardous waste from an off-site generator who is under the control of the person: Without having to obtain a hazardous waste storage facility permit under COMAR 26.13.05 and COMAR 26.13.07, or having to qualify as an interim status storage facility under COMAR 26.13.06; Without having to comply with requirements of Chapters .05—.07 of this subtitle and 40 CFR Part 268 to which facilities are subject if they hold a hazardous waste storage facility permit or operate as a hazardous waste storage facility under interim status; and Without having to comply with the notification requirements of Section 3010 of RCRA that apply to facilities that require a hazardous waste storage facility permit or authorization to operate a hazardous waste storage facility under interim status. Scope. This regulation conditionally authorizes a person to accept, at a site of hazardous waste generation, hazardous waste from an off-site generator for consolidation, if: The generator associated with the point of consolidation and the off-site generator are under the control of the same person, subject to the following: “Person” has the meaning given by the definition in COMAR 26.13.01.03B; and For the purposes of this regulation, “control”: Means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise; and Does not include the situation where a contractor operates a proposed site of consolidation and an off-site generator facility on behalf of a different person; The generator from whom the waste is being accepted is located: In Maryland and is regulated as a Maryland-defined small quantity generator; Outside of Maryland, located in a jurisdiction in which the U.S. Environmental Protection Agency is the primary implementing authority of the hazardous waste regulatory program, and qualifies as a very small quantity generator as defined in 40 CFR §260.10; or Outside of Maryland and is: Classified by the state or other implementing authority as being in a category that is equivalent to the federal very small quantity generator category; and Allowed, under the regulations of the implementing authority, to send hazardous waste to the Maryland point of consolidation; The generator at the site that is accepting the off-site waste does not take advantage of any of the exemptions that are identified in Regulation .01-1D of this chapter that are available to generators who qualify as a small quantity generator under federal regulations; and The requirements of §§C—E of this regulation are met. Notification. A generator who wishes to accept hazardous waste from an off-site generator, as allowed under §§A—B of this regulation, shall: Notify the Department: At least 30 days before receiving the first shipment of hazardous waste from the off-site generator; and Using EPA Form 8700-12, unless the Department specifies an alternate method; As part of the notification, identify the name and the address of each off-site generator from whom hazardous waste will be accepted; and Submit an updated notification to the Department within 30 days after a change in the name or in the site address of an off-site generator from whom hazardous waste is accepted under this regulation, using EPA Form 8700-12 unless the Department specifies an alternate method. Record Keeping. A generator who accepts hazardous waste from an off-site generator under this regulation shall: Maintain a record of each shipment received from off-site for 3 years from the date the hazardous waste was received from the off-site generator; Include in the record of each shipment received: The name, site address, and contact information for the off-site generator; and A description of the hazardous waste received, along with information on the quantity of waste and the date received. Waste Management Requirements. A generator who accepts hazardous waste from off-site under this regulation shall, in managing that waste: Comply with the requirements of this chapter that apply to a hazardous waste generator independently of any conditional exemptions, as specified in Regulation .01A(2) of this chapter; Comply with the requirements of Regulations .03-4—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter, consistent with the limitation in §B(3) of this regulation that prevents a person from taking advantage of certain exemptions available to persons who qualify as a small quantity generator under federal regulations; and For the purposes of the labeling and marking requirements of Regulations .03—.10 of this chapter, label the container or unit with: The date that the waste was received from the off-site generator as the date on which accumulation started; or If the generator is consolidating waste from the off-site generator with the generator’s own waste, or with hazardous waste from other off-site generators, label the container or unit with the starting date for accumulation as the earliest of the following dates: The earliest date of receipt of any of the off-site waste that has been consolidated in the container or unit; or The start date of waste accumulation in the generator’s container or unit into which the off-site waste is being consolidated. General Requirements. A generator who transports, or offers for transport, hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility who offers for transport a rejected hazardous waste load: Shall prepare a manifest (OMB control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A; or May, instead of using the manifest forms specified in §A(1)(a) of this regulation, prepare and use an electronic manifest if the person complies with the requirements of: Section E-1 of this regulation for use of electronic manifests; and 40 CFR §3.10 for the reporting of electronic documents to EPA. A generator shall designate on the manifest one facility which is permitted to handle the waste described on the manifest. A generator may also designate on the manifest one alternate facility which is permitted to handle the generator’s waste if an emergency prevents delivery of the waste to the primary designated facility. A generator whose manifest for an interstate shipment has not been returned to the generator within the prescribed time of 45 days shall give notice of that to the: State in which the designated facility is located; State in which the shipment may have been delivered, or to the EPA in the case of an unauthorized state; and Department. If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste. Contiguous Property. The requirements of this regulation and Regulation .05C(2) of this chapter do not apply to the transport on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if this contiguous property is divided by a public or private right-of-way. Notwithstanding COMAR 26.13.04.01A(1), the generator or transporter shall comply with the requirements for transporters in COMAR 26.13.04.03 in the event of a discharge of hazardous waste on a public or private right-of-way. Manifest Printing — Requirements for Registrants. General Requirements. In this section, the following terms have the meanings indicated: “Registrant” means a person that seeks approval to print, or have printed, the manifest for use or distribution; and “Approved registrant” means a person that has received approval from the EPA Director of the Office of Resource Conservation and Recovery or other authorized EPA official to print, or have printed, the manifest for use or distribution. A registrant may not print, or have printed, the manifest for use or distribution unless the registrant has received approval from the EPA Director of the Office of Resource Conservation and Recovery or other authorized EPA official to do so. Approval Process for Registrants. EPA implements the program of review and approval of requests to print, or have printed, the manifest for use or distribution. A person who seeks to print, or have printed, the manifest for use or distribution shall apply to the EPA to become an approved registrant, following the procedures and subject to the requirements in 40 CFR §262.21(a)—(f) and 40 CFR A§262.21(h)—(m). EPA is the implementing authority for the requirements referenced in §B(2)(b) of this regulation and does not delegate this authority to states. In complying with §B(2)(b) of this regulation, the person shall comply with the referenced requirements in 40 CFR §262.21 as written, rather than substituting “the Department” for “EPA”. Obtaining Manifests and Information on State Requirements. A generator may use manifests printed by any source that has received approval from EPA to print the manifest under the provisions of 40 CFR §262.21(c) and (e). Examples of entities that may be approved by the EPA to be a source of manifests include state agencies, commercial printers, hazardous waste generators, hazardous waste transporters, hazardous waste treatment, storage, and disposal facilities, and hazardous waste brokers or other persons who prepare or arrange shipments of hazardous waste for transportation. The generator shall determine whether the generator state or the consignment state for a shipment: Regulates any additional wastes beyond those federally regulated as hazardous wastes under the states' authorized hazardous waste regulatory programs; and Requires the generator to submit any copies of the manifest to these states. Number and Distribution of Copies. The manifest consists of five preprinted copies and the additional number of photocopies needed so that copies can be distributed as described in §D(2) of this regulation. Manifest copies shall be distributed as follows: The generator shall retain one copy, in accordance with Regulation .06A(1) of this chapter; Each transporter shall retain one copy in accordance with COMAR 26.13.04.02C, reproducing the preprinted form if necessary; The designated facility shall retain one copy in accordance with COMAR 26.13.05.05B; The designated facility shall forward copies as indicated on the manifest to the: Generator; and Electronic manifest system, in accordance with COMAR 26.13.05.05B if the designated facility is located in Maryland, or in accordance with 40 CFR §264.71(a)(2)(v)(B) if the designated facility is not located in Maryland; and The generator, in accordance with §E(1) and (2) of this regulation: Shall forward a legible photocopy of the manifest to the consignment state if the consignment state is other than Maryland and the consignment state requires the generator to submit a copy of the manifest; and Is not required to submit a copy of the manifest to the Department. Use of the Manifest. The generator shall: Sign the manifest certification by hand; Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and Retain one copy, in accordance with Regulation .06A(1) of this chapter. The generator shall forward a legible photocopy of the manifest to the consignment state if the consignment state: Is a state other than Maryland; and Requires the generator to submit a copy of the manifest. The generator shall give the transporter the remaining copies of the manifest. For shipment of hazardous waste within the United States solely by water (bulk shipments only), the generator shall send three copies of the manifest dated and signed in accordance with this regulation to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter. For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least three copies of the manifest dated and signed in accordance with this section to the: Next nonrail transporter, if any; Designated facility if transported solely by rail; or Last rail transporter to handle the waste in the United States if exported by rail. For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that: The owner or operator of the designated facility agrees to sign and return the manifest to the generator; and Any out-of-State transporter signs and forwards the manifest to the designated facility. For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility in accordance with the requirements of COMAR 26.13.05.05C, COMAR 26.13.06.05A, or analogous regulations effective in the state in which the destination facility is located, the generator shall: Sign either: Item 20 of the new manifest if a new manifest is used for the returned shipment; or Item 18c of the original manifest if the original manifest is used for the returned shipment; Provide the transporter with a copy of the manifest; Within 30 days of delivery of the rejected shipment or container residues contained in the non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and Retain at the generator's site a copy each manifest for at least 3 years from the date of delivery. Use of the Electronic Manifest. Legal Equivalence to Paper Manifests. For the purposes of COMAR 26.13.01—.10: An electronic manifest that is obtained, completed, and transmitted in accordance with §A(1)(b) of this regulation, and used in accordance with this section instead of using EPA Forms 8700-22 and 8700-22A, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest; A requirement to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of §E-2 of this regulation; A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the electronic manifest system; A requirement for a generator to keep or retain a copy of a manifest is satisfied by retention of a signed electronic manifest in the generator's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and If a generator is unable to produce an electronic manifest for inspection in accordance with §E-1(1)(d) of this regulation, the generator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility. Accessing the Electronic Manifest System. A generator may participate in the electronic manifest system either by accessing the electronic manifest system from the generator's own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator's site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation. Restriction on Use of Electronic Manifests. Except as provided in §E-1(3)(b) of this regulation, a generator may use an electronic manifest for the tracking of waste shipments involving any hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest. A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, instead of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically. Requirement for One Printed Copy. To the extent that the U.S. Department of Transportation hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR §177.817, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest. Special Procedures When the Electronic Manifest System Is Unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason before the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator shall: Obtain and complete a paper manifest and, if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in accordance with the manifest instructions; and Use the paper forms identified in §E-1(5)(a) of this regulation from this point forward for the shipment in accordance with the requirements of §E of this regulation. Special Procedures for Electronic Signature Methods Undergoing Tests. If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the certification of the generator or offeror on the printed copy of the manifest provided under §E-1(4) of this regulation. Post-Receipt Manifest Data Corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person named on the manifest, such as a waste handler; and Generators may participate electronically in the post-receipt data corrections process by following the process described in COMAR 26.13.05.05B(11), which applies to corrections made to either paper or electronic manifest records. Electronic Manifest Signatures. An electronic signature method used in connection with the electronic manifest system is acceptable only if: Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest. Waste Minimization Certification. For the purposes of the certification in §F(2) of this regulation: “Large quantity generator” means a person that generates, in a calendar month: 1,000 kilograms or more of hazardous waste; or 1 kilogram or more of acute hazardous waste; and “Small quantity generator” means a person that generates, in a calendar month: Less than 1,000 kilograms of hazardous waste; and Less than 1 kilogram of acute hazardous waste. A generator that initiates a shipment of hazardous waste and that is required to prepare a manifest in accordance with §A of this regulation shall certify to one of the following statements in Item 15 of the uniform hazardous waste manifest: “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.”; or “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.” Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR 173, 178, and 179. Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of Transportation regulations on hazardous materials, under 49 CFR 172. Marking. Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR 172. Except as provided in §C(4) of this regulation, before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR §172.304: To satisfy the requirement of §C(2) of this regulation to mark a container with the EPA hazardous waste numbers of the wastes in the container, a generator may use an electronic system for data capture, storage, and retrieval, such as bar coding, if the electronic system allows the destination facility to be informed of the container's contents for the purposes of compliance with applicable hazardous waste management regulations. A generator is not required to mark EPA Hazardous Waste Numbers on a lab pack container that will be incinerated in compliance with 40 CFR §268.42(c), except for EPA Hazardous Waste Numbers D004, D005, D006, D007, D008, D010 and D011, when applicable. Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F. Returned, Rejected Loads. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment or part of that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of COMAR 26.13.05.05C, COMAR 26.13.06.05A, 40 CFR §264.72, 40 CFR §265.72, or analogous regulations of the designated facility's state, may accumulate the returned waste onsite in accordance with Regulations .03-3—.03-10 of this chapter. Upon receipt of a shipment returned in accordance with §E(1) of this regulation, the generator shall: Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest. Liquids in Landfills Prohibition. A person may not place or arrange to have placed bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids in a landfill. The prohibition of §F(1) of this regulation applies regardless of whether sorbents have been added to the waste. To demonstrate the absence or presence of free liquids, a person shall use Method 9095, Paint Filter Liquids Test, as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). A person may not use a sorbent to eliminate free liquids from a waste that is to be disposed of in a landfill unless the sorbent meets the requirements of 40 CFR §264.314(d). Purpose and Scope. This regulation: Establishes requirements with which a hazardous waste generator must comply in connection with the permanent removal from service, for the purposes of hazardous waste management, of: An area in which hazardous waste was accumulated in a manner that was subject to the requirements of this chapter, other than accumulation in a satellite accumulation area; A waste management unit, such as a tank, used to manage hazardous waste in an accumulation area described in §A(1)(a) of this regulation; and A site or facility that had an area or waste management unit of the type described in §A(1)(a) or (b) of this regulation; Establishes a general closure performance standard that a hazardous waste generator must meet for all hazardous waste accumulation areas and hazardous waste management units identified in §A(1) of this regulation; Identifies specific requirements that must be met in implementing closure, including requirements: That apply to all types of accumulation units; and Specific to particular types of accumulation units; and Identifies: Record keeping requirements with respect to closure; and Closure notification requirements that apply to a generator who qualified as a federally-defined large quantity generator for significant periods of time. Closure Requirements. Applicability. The general closure performance standard and other requirements of this section: Apply to an area or waste management unit in which hazardous waste was managed, as described in §A(1)(a) of this regulation; and Apply to a site or facility that had an area or waste management unit identified in §A(1)(a) of this regulation and at which the generator: Will no longer be generating or accumulating hazardous waste; or Is ceasing operations entirely; May be deferred for an accumulation area or unit if the generator anticipates that the area or unit may again be used to accumulate hazardous waste, if the: Notification requirements of Regulation .05-2 of this chapter are met; and Closure performance standard and other requirements of this section are met before the facility is closed. General Closure Performance Standard. A generator shall ensure that, if a hazardous waste accumulation area, a hazardous waste management unit, or a facility or site at which hazardous waste was generated or accumulated is closed by being permanently removed from service for the purposes of hazardous waste management: The closure is conducted in a manner that minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to ground water, to surface water, or to the atmosphere; and Any hazardous waste that is generated in closing the generator’s facility or a portion of the facility is managed in accordance with all applicable requirements of: This chapter, including, for hazardous waste that is being accumulated in a unit that is being closed, accumulation time limits of Regulation .03-4C of this chapter; Chapters .04 and .06 of this subtitle; and 40 CFR Part 268. Additional Unit-specific Closure Requirements for Container, Tank System, and Containment Building Accumulation Units. For the closure of a hazardous waste accumulation unit in which hazardous waste was managed in a container, a tank system, or a containment building: The generator shall ensure that closure of the unit provides, to the extent necessary to meet the general closure performance standard of §B(2) of this regulation, for the removal or decontamination of: All contaminated equipment, structures, and soil, and any remaining hazardous waste residues from waste accumulation units, including containment system components such as pads or liners; Contaminated soils, subsoils, bases, and structures; and Structures and equipment contaminated with waste; and If the generator is unable to practicably remove or decontaminate contaminated soils or wastes as required by §B(3)(a) of this regulation, then the waste accumulation unit is considered to be a landfill for the purposes of closure, post-closure, and financial responsibility, and the generator shall: Close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure requirements of COMAR 26.13.05.14J, which apply to landfills; Meet all of the requirements for landfills specified in COMAR 26.13.05.07 and 26.13.05.08; and Submit a complete and sufficient application to the Department for a CHS post-closure permit in accordance with a deadline to be specified by the Department. Unit Specific Closure Requirements for Drip Pads. At the closure of a drip pad waste accumulation unit, as defined in COMAR 26.13.01.03B, the generator shall: Comply with the closure requirements of COMAR 26.13.05.17-4A—C; and If required to close the facility and provide post-closure care as a landfill, in accordance with COMAR 26.13.05.17—4B, submit a complete and sufficient application to the Department for a CHS post-closure permit in accordance with a deadline to be specified by the Department. Closure Plan. A generator who is closing a waste accumulation area, waste accumulation unit, or facility under this regulation shall: Perform the closure in accordance with a written closure plan; Ensure that the closure plan includes: A description of how the requirements of §B(2)—(4) of this regulation will be met in performing the closure, taking into account the nature of facility operations and the history of any spills or releases of hazardous wastes; A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard; and A detailed description of other activities necessary during the closure to ensure that closure activities satisfy the closure performance standard, including, but not limited to, groundwater monitoring, and run-on and runoff control; and For each implemented closure action: Maintain, as part of the generator’s facility operating record, a copy of the written closure plan that was followed in implementing the closure; Make a copy of the written closure plan available to the Department on request; and Retain a copy of the written closure plan for a period of 3 years following the date of final closure of the facility. Applicability. This regulation applies to a generator who is closing, in accordance with Regulation .05-1 of this chapter, a hazardous waste accumulation area, a hazardous waste management unit, or a site or facility where hazardous waste was accumulated. Sections B—C of this regulation apply to a generator and to a site at which the generator either: At the time of initiation of a closure activity, qualifies as a large quantity generator under federal regulations, as described in Regulation .01-1 of this chapter; or For a significant period of time before initiation of the closure action, generated quantities of hazardous waste that met the threshold for the federal large quantity generator category, with “significant period of time” determined by the criteria of §A(4) of this regulation. Section D of this regulation applies to a generator and a site at which the generator at the time of initiation of a closure activity: Does not qualify as a Maryland-defined small quantity generator as defined in COMAR 26.13.01.03B; and Did not meet the criteria of §A(2) of this regulation. For the purposes of §A(2)(b) of this regulation, a generator is considered to have operated for a significant period of time as a generator who would qualify as a large quantity generator under federal regulations if any of the following apply: At any time during the 12 months before the initiation of the closure activity, the generator qualified as a large quantity generator under federal regulations in 5 or more months; or During any 24-month period, the generator qualified as a large quantity generator under federal regulations in 10 or more months. Closure Notification Requirements for a Waste Accumulation Unit. A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation, shall, before closing a unit that was used to accumulate hazardous waste in a container, in a tank, on a drip pad, or in a containment building, shall either: Place a notice in the facility’s operating record within 30 days after closure identifying the location of the unit within the facility, and temporarily defer full implementation of required closure activities and notification of the Department; or Meet the closure requirements and the closure performance standard of Regulation .05-1 of this chapter and notify the Department as specified §C of this regulation. A generator may remove from the facility operating record a notification of closure of an area or unit made in accordance with §B(1)(a) of this regulation if the generator resumes using the area or unit for the accumulation of hazardous waste. Facility Closure Notification Requirements. A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation shall, if intending to close a facility: Notify the Department of the intent to close: No later than 30 days before closing the facility; and Using EPA Form 8700-12, unless another method is specified by the Department; Within 90 days after closing the facility, or by a later deadline specified by the Department under the provisions of §C(2) of this regulation, either: Notify the Department, using EPA Form 8700-12 or another method specified by the Department, that the generator has complied with the closure performance standard and closure requirements of Regulation .05-1 of this chapter; or If unable to meet the closure requirements and closure performance standard of Regulation .05-1 of this chapter, notify the Department using EPA Form 8700-12 or another method specified by the Department that the generator will close as a landfill under COMAR 26.13.05.14J in the case of a container unit, tank unit, or containment building unit, or, for a facility with a drip pad, that the generator will close under the standards of COMAR 26.13.05.17-4. A generator: May request additional time to clean close, which the Department may or may not grant; and If requesting additional time to clean close, shall do so by notifying the Department within 75 days after the date of notification under §C(1)(a)(i) of this regulation, using EPA Form 8700-12 or another method specified by the Department to make the notification, and providing an explanation as to why the extra time is required. Closure Notification — Generators Who Do Not Meet Criteria to be Considered a Large Quantity Generator. A generator who does not meet the criteria of §A(2) of this regulation, and who intends to cease accumulating hazardous waste throughout a site, either by permanently ending the on-site operation of hazardous waste accumulation units, or by ceasing operation at the site entirely, shall: Notify the Department by submitting a subsequent site notification using EPA Form 8700-12, indicating the change in generator status, and, if applicable, requesting that the Department deactivate the EPA identification number associated with the site; and Submit the notification required by §D(1) of this regulation not later than 30 days before the scheduled date of cessation of the accumulation of hazardous waste or 30 days before the anticipated final date of facility operations. This regulation and Regulations .05-4 and .05-5 of this chapter: Establish provisions that, if followed, allow a generator of hazardous waste to maintain the generator’s status as a Maryland-defined small quantity generator despite the occurrence of an event that causes the generator to exceed an upper limit on waste generation or accumulation that defines the generator’s current hazardous waste generator category; and Are not applicable to a person who meets the federal definition of a small quantity generator. This regulation and Regulations .05-4 and .05-5 of this chapter address waste that is generated in connection with an episodic generation event, which is an event that: Is either: A planned event, as described in §C of this regulation; or An unplanned event, as described in §D of this regulation; Does not normally occur during the operations of the waste generator; and Results in an increase in the amount of hazardous waste generated or accumulated that causes the generator to exceed waste generation or accumulation limits for the generator’s current generator category. For the purposes of this regulation and Regulations .05-4 and .05-5 of this chapter, a planned episodic generation event: Is an activity that the generator scheduled in advance, and made arrangements, plans, and preparations to conduct; and Includes such things as: Periodic maintenance of facility equipment or features; Tank cleanouts; Short-term projects; and Removal of excess chemical inventory. For the purposes of this regulation and Regulations .05-4 and .05-5 of this chapter, an unplanned episodic generation event: Is an event that the generator: Did not plan; and Reasonably did not expect to occur; and Includes such things as: A production process upset; An emergency product recall; An accidental spill; and A catastrophic, naturally occurring event, such as a tornado, hurricane, or flood. person who qualifies as a Maryland-defined small quantity generator may maintain that generator status following an episodic generation event, as described in regulation .05-3 of this chapter, by complying with the requirements of §§B—D of this regulation. General Requirements. Limit on Number of Episodic Generation Events. A generator may maintain the generator’s status as a Maryland-defined small quantity generator following, at most, one episodic generation event during a calendar year, unless the Department grants a petition for an additional episodic generation event under Regulation .05-5 of this chapter. For an episodic generation event beyond the one or two allowed by §B(1)(a) of this regulation, the generator is subject to all applicable requirements of this chapter, based on the amount of hazardous waste generated and accumulated as a result of the event, in addition to any other hazardous waste generated or accumulated. Notification. The generator shall: Notify the Department using EPA Form 8700-12 no later than 30 days before initiating a planned episodic generation event, as described in Regulation .05-3C of this chapter; For an unplanned episodic generation event, as described in Regulation .05-3D of this chapter, notify the Department within 72 hours of the unplanned event, contacting the unit in the Department that is responsible for oversight of hazardous waste management, making the notification: Initially, by phone, email, or fax communication; and Subsequent to the initial notification, by submitting a notification using EPA Form 8700-12; and Include, as part of the notification: The start date of the episodic generation event; The anticipated end date of the episodic generation event; The reason or reasons for the event; The types and estimated quantities of hazardous waste expected to be generated as a result of the event; Contact information for a facility contact with whom the Department may discuss the submittal; and Contact information for an emergency coordinator with 24-hour telephone access who will respond to emergencies in compliance with §B(4) of this regulation. EPA ID Number. If the generator does not have an EPA identification number, the generator shall obtain one from the Department using EPA Form 8700-12. Emergency Coordinator. The generator shall ensure that at all times when hazardous waste is being managed under the provisions for an episodic generation event, there is an employee who has been designated as the emergency coordinator who: Has the responsibility for coordinating all emergency response measures specified in §B(5) of this regulation; Is either on the premises or is on-call by being able to be readily contacted; and If is on-call rather than at the premises, is available to respond to an emergency by reaching the facility within a short period of time. Response to Emergencies. The generator shall ensure that appropriate actions, as specified in §B(6) of this regulation, are taken in response to an emergency, with the actions being taken by: The generator; The emergency coordinator; A person working for the generator at the site of the episodic generation event who is confronted with the emergency; A contractor operating on behalf of the generator; or Any of these. Emergency Response Measures. A person identified in §B(5) of this regulation shall, in responding to an emergency, respond as follows: In the event of a fire: Call the fire department; Attempt to extinguish the fire using the appropriate fire extinguisher; or Both; In the event of a spill: Contain the flow of hazardous waste to the extent possible; and As soon as is practical, clean up materials contaminated with spilled hazardous waste, and any contaminated soil or other contaminated environmental media resulting from the spill; and In the event of a fire, explosion, or other release that could threaten human health outside the facility, or if the generator or an agent of the generator has knowledge that a spill has reached surface water, immediately notify the National Response Center using the 24-hour toll free number (800) 424-8802, and include, as part of the notification: The name, address, and EPA identification number of the generator; The date and time of the incident; The type of incident, such as a spill or fire; The quantity and type of hazardous waste involved in the incident; The extent of injuries, if any; and The estimated quantity and disposition of recovered materials, if any. Record Keeping. The generator shall maintain the following information for 3 years from the end date of the episodic generation event: The starting date and the end date of the event; A description of the event; A description of the types and quantities of hazardous waste generated during the event; A description of how the hazardous waste that was generated during the event was managed; The name of the designated facility, as defined in COMAR 26.13.01.03B, that received the hazardous waste from the event; The name of each transporter that transported hazardous waste from the event; and A copy of the approval letter issued by the Department if the event is a second episodic generation event during the same calendar year. Management Standards. A Maryland-defined small quantity generator managing hazardous waste from an episodic generation event: May accumulate the waste in a: Container, if the requirements of §C(2) and (3) of this regulation are met; or Tank, if the requirements of §C(4) of this regulation are met; May not accumulate the waste on a drip pad or in a containment building; and Shall manage the waste in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water. Container Management Standards. The generator shall ensure that if a container is being used to accumulate hazardous waste from an episodic generation event, the container is: In good condition; Compatible with the waste that is being accumulated; Kept closed, except to add or remove waste; and Marked or labeled with the following information clearly visible for inspection: The words “Episodic hazardous waste”; An indication of the hazards of the contents of the container, as specified in §C(3) of this regulation; and The date on which the episodic generation event began. The following are acceptable indications of hazards for the purposes of labeling containers under §C(2)(ii) of this regulation: The hazardous waste characteristic or characteristics of those identified in COMAR 26.13.02.11—.14 that the waste exhibits; Hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); A hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; A chemical hazard label consistent with the National Fire Protection Association Code 704; or Some other method that is at least as effective as any of the methods listed in §C(3)(a)—(d) of this regulation. Tank Management Standards. The generator shall ensure that if a tank is being used to accumulate hazardous waste from an episodic event, the tank is: In good condition; Compatible with the waste that is being accumulated in the tank; Provided with design features and operational procedures that will prevent overflow of the tank, such as the tank being equipped with a high-level alarm and a means to quickly stop waste inflow; and Inspected at least once each operating day to ensure that: All applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order; The tank is operated according to its design, as determined by reviewing the data gathered from monitoring equipment, associated with the tank, such as level gauges, pressure gauges, and temperature gauges; and Marked or labeled: With the words “Episodic Hazardous Waste”; and An indication of the hazards of the contents of the tank using one of the methods listed in §C(3)(a)—(e) of this regulation Manifest Requirements. The generator shall comply with the hazardous waste manifest provisions of Regulation .04 of this chapter and applicable provisions of 40 CFR Part 262 Subpart B when the generator sends hazardous waste from an episodic event off site to a designated facility as defined in COMAR 26.13.01.03B. Time Limit on Waste Accumulation. Not later than 60 calendar days after the starting date of the episodic generation event, the generator shall have manifested and sent all hazardous waste from the episodic generation event to a designated facility as defined in COMAR 26.13.01.03B. A generator may petition the Department to be allowed to operate under the provisions applicable to an episodic generation event for a second event in a calendar year under the following conditions: If the generator has already held a planned episodic generation event in a calendar year, the generator may petition the Department for an additional event that is an unplanned episodic generation event within 72 hours of the beginning of the unplanned event; and If the generator has already operated under provisions for an episodic generation event for an unplanned event in a calendar year, the generator may petition the Department for an additional event that is a planned episodic event that will occur in that calendar year. A generator submitting a petition under this regulation shall include, as part of the petition: The reason or reasons why the generator needs to operate under the provisions for an episodic generation event for a second event; Information on the nature of the second episodic generation event; An estimate of the amount of hazardous waste to be managed in connection with the episodic generation event; A description of how the waste from the episodic generation event is to be managed; The estimated length of time, not to exceed 60 days, of the period needed to complete management of the hazardous waste generated from the episodic generation event; and Information about the generator’s previous episodic generation event from the current calendar year, including the nature of the event, whether it was a planned event or an unplanned event, and how the generator complied with the conditions of this chapter with which the event was required to have been conducted. The generator shall make the petition to the Department in writing, either on paper or electronically. The generator shall: Retain in the generator’s records a copy of a written approval by the Department of a petition submitted by the generator under this regulation; and Retain the copy of the Department’s written approval for 3 years from the date the second episodic generation event ended. Record Keeping. A generator shall keep a copy of each manifest signed in accordance with Regulation .04A(1) for 3 years or until he receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter. A generator shall keep a copy of each annual report or biennial report required under §B of this regulation, and each exception report required under §C of this regulation, for a period of at least 3 years from the due date of the report, or the date the report was submitted, whichever is later. A generator shall keep records documenting hazardous waste determinations in accordance with the requirements of Regulation .02-1 of this chapter. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary. Annual or Biennial Reporting. Except as provided in B(5) of this regulation, a person who generates hazardous waste and ships it off-site to a facility within the United States shall: Periodically, submit reports to the Secretary concerning hazardous waste generated during the preceding calendar year on EPA Form 8700-13A/B, or on an alternate form provided by the Department; Submit the reports required by §B(1)(a) of this regulation with the following frequency: Annually, for reporting periods through December 31, 1995; and Biennially, for reporting periods beginning January 1, 1997; Submit the reports required by §B(1)(a) of this regulation not later than: March 1 of the following year for reporting periods through December 31, 1995; and March 1 of each even numbered year for the preceding calendar year for reporting periods beginning January 1, 1997; and Assure that the reports required by §B(1)(a) of this regulation contain, at a minimum, the following information, unless otherwise specified in the currently available currently applicable version of EPA Form 8700-13A/B: The EPA identification number, name, and address of the generator; The calendar year covered by the report; The EPA identification number, name, and address for each off-site treatment, storage, or disposal facility in the United States to which waste was shipped during the year; The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage, or disposal facility within the United States; For shipments of hazardous waste to a treatment, storage, or disposal facility within the United States, the description, the EPA or State hazardous waste number from COMAR 26.13.02, the DOT hazard class, and the quantity of each hazardous waste listed by the EPA identification number of each off-site facility to which waste was shipped; A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; Except as provided in §B4 of this regulation, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years; and The certification on EPA Form 8700-13A/B signed by the generator or authorized representative. A generator who treats, stores, or disposes of hazardous waste on-site shall submit an annual or biennial report covering those wastes in accordance with the provisions of COMAR 26.13.05.05F, 26.13.06.05A and B(3) and (4), 26.13.07.15E(3), and 26.13.10. Information on exports of hazardous waste is not required to be included in the report required by §B(1) and (2) of this regulation. Instead, exporters of hazardous waste shall comply with the annual reporting requirements that are established by 40 CFR §262.83(g) and administered by EPA, as specified in Regulation .07B of this chapter. Information required by §B(1)(d)(vii) of this regulation on changes in volume and toxicity of waste actually achieved in comparison to years before 1984 is only required to the extent that this information is available. The reporting requirement of this section does not apply to person who qualifies as a Maryland-defined small quantity generator in every month of a year for which a report under this section would otherwise have to be submitted, but does apply if the person did not qualify as a Maryland-defined small quantity generator in any month of that year. Exception Reporting. A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste. A generator shall submit an exception report to the Secretary if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter and include in the exception report the following: A legible copy of the manifest for which the generator does not have confirmation of delivery; A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts. If the designated facility is located out-of-State in a state which administers the federal program, the generator who does not receive a copy of the manifest as described in §C(1) of this regulation, shall submit an exception report to that state's approving authority as specified in §C(2) of this regulation. If that state's program is administered by the EPA, the Report shall be forwarded to the EPA Regional Administrator for the region in which the designated facility is located. For a rejected shipment of hazardous waste or container residues contained in non-empty containers that a designated facility forwards to an alternate facility using a new manifest, following the procedures of COMAR 26.13.05.05C(5)(b)(i)—(ix), the generator shall : Comply with the requirements of §C(1) and (2) of this regulation for the shipment that is forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility; and In complying with §C(1) and (2) of this regulation with respect to the shipment to the alternate facility: Take the required actions based on whether the generator has received, by the specified deadlines, a copy of the manifest with the handwritten signature of the owner or operator of the alternate facility rather than a copy of the manifest with the handwritten signature of the owner or operator of the original designated facility; and Determine whether the 35-day and 45-day deadlines have passed by comparing the current date to the date that the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility. Additional Reporting. The Secretary, as he deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in COMAR 26.13.02. Applicability. Except as provided in §A(3) of this regulation, this regulation applies to transboundary movements of hazardous wastes. The requirements identified in §B(1) of this regulation are administered by the U.S. Environmental Protection Agency as a foreign policy matter and are not delegated to the states. State Wastes Excluded from this Regulation. Except for a waste that exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14, this regulation does not apply to a waste that is listed as a hazardous waste by the State but not by the U.S. Environmental Protection Agency. The waste codes for the wastes referred to in §B(3(a) of this regulation that are listed as hazardous by the State but not by EPA, and the sections of COMAR where the waste codes are assigned are: MD01, MD02, and MD03, assigned in COMAR 26.13.02.17; MX01, assigned in COMAR 26.13.02.19D; M001, assigned in COMAR 26.13.02.19F; and MT01, assigned in COMAR 26.13.02.19H. Requirements. A person involved in the transboundary movement of hazardous waste shall comply with the requirements of 40 CFR Part 262, Subpart H, as qualified by §B(2) of this regulation. In complying with the requirements of 40 CFR Part 262, Subpart H, a person shall comply with provisions in the Code of Federal Regulations as referenced rather than analogous provisions in COMAR, except in instances when the federal reference includes the qualifier “or the state equivalent”. A farmer disposing of waste pesticides from the farmer's own use which are hazardous wastes is not required to comply with the standards of this chapter or other standards in COMAR 26.13.05, 26.13.06, 26.13.07, or 26.13.09 for those wastes, provided the farmer triple rinses each emptied pesticide container in accordance with COMAR 26.13.02.07B(3) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with disposal instructions on the pesticide label. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulations .01—.07 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 .01; .04A, D; .05D, E; .07B amended effective January 18, 1982 (9:1 Md. R. 20) Regulations .01B; .02B; .04A, B, D; .05E; .06A—C; and .07A amended, and .01G and .04E adopted effective July 30, 1984 (11:15 Md. R. 1330) Regulations .01E and .05E amended effective February 13, 1984 (11:3 Md. R. 202) Regulations .01F, .04D, .06C, and .07A amended effective January 31, 1983 (10:2 Md. R. 110) Regulation .05E amended effective August 12, 1985 (12:16 Md. R. 1607) Chapter recodified from COMAR 10.51.03 to COMAR 26.13.03 Regulation .01B, D amended effective August 28, 1995 (22:17 Md. R. 1321) Regulation .01G amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .01H and I adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .02A amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .04 amended effective April 18, 1988 (15:8 Md. R. 1009); September 11, 2006 (33:18 Md. R. 1507) Regulation .04A, C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .04A, D, E amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .05 amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .05C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .05E amended effective April 18, 1988 (15:8 Md. R. 1009); May 24, 1993 (20:10 Md. R. 853); September 10, 1997 (24:5 Md. R. 413) Regulation .06A amended effective May 5, 1997 (24:9 Md. R. 659) Regulation .06B amended effective April 18, 1988 (15:8 Md. R. 1009); December 23, 1991 (18:25 Md. R. 2759); August 28, 1995 (22:17 Md. R. 1321); May 5, 1997 (24:9 Md. R. 659) Regulation .06C amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .07A amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .07 repealed and new Regulations .07 and .07-1—.07-4 adopted effective August 28, 1995 (22:17 Md. R. 1321) Regulation .08 repealed effective May 5, 1997 (24:9 Md. R. 659) Chapter revised effective October 16, 2000 (27:20 Md. R. 1843) Regulation .01B-1 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .01G amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .01J adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .02 amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .04 amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .04A amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .05E amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .07 amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .07A amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .07-1 amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .07-2A amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .07-2C amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .07-3 amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .07-5 adopted effective November 1, 2002 (29:21 Md. R. 1647) Chapter revised effective May 3, 2021 (48:9 Md. R. 359) Regulation .01A-2 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .01D amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .01G amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .01K, L adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .01-1B-1 adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .02C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .03-3E amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .03-4C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .03-5C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .03-7B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .04 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .05F adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .05-4C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .06B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .06C amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .07 repealed and new Regulation .07 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulations .07-1—.07-3 repealed effective January 13, 2022 (49:1 Md. R. 14) Regulation .07-4 amended effective January 13, 2022 (49:1 Md. R. 14) Regulations .07-5 repealed effective January 13, 2022 (49:1 Md. R. 14) Scope. These regulations establish standards which apply to persons transporting hazardous waste within the State if the transportation requires a manifest under COMAR 26.13.03. These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities. A transporter of hazardous waste shall also comply with COMAR 26.13.03, Standards Applicable to Generators of Hazardous Waste, if the generator: Transports hazardous waste into the United States from abroad; or Mixes hazardous waste of different DOT shipping descriptions by placing them into a single container. This chapter does not apply to transportation during an explosives or munitions emergency response conducted in accordance with: COMAR 26.13.07.01A; and Either: COMAR 26.13.05.01A(3)(h)(iv) and D(5) and (6); or COMAR 26.13.06.01A(4)(h)(iv), (5)(b), and (5)(c). COMAR 26.13.10.28 identifies how the requirements of this chapter apply to military munitions classified as solid waste under COMAR 26.13.10.27B. A transporter of hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal is subject to this chapter and to all other relevant requirements of 40 CFR Part 262, Subpart H, as made applicable in COMAR 26.13.03.07, including, but not limited to, 40 CFR 262.83(d) and 262.84(d) for movement documents. EPA Identification Number. A transporter may not transport hazardous wastes without having received an EPA identification number from the Secretary. A transporter who has not received an EPA identification number may obtain one by applying to the Secretary using EPA Form 8700-12. Upon receiving the request, the Secretary shall assign an EPA identification number to the transporter. Certificate. Except for CHS used for residential purposes or those regulated by the Maryland Department of Agriculture, a person may not transport a CHS to a facility within the State or from a source within the State unless the person obtains a certificate from the Department. For the purpose of these regulations, CHS used for residential purposes means those CHS used in a household or domestic situation, and normally discarded in small quantities in refuse and other household waste collected for disposal in conventional sanitary landfills. A CHS Hauler Certificate is required of persons engaged in transporting CHS. All vehicles or articulated transports, to a facility within the State or from a source within the State, shall carry the vehicle certification and a copy of the hauler certification in the cab of the controlled hazardous substance vehicle and present the certifications upon request. As a condition to being issued and operating under a certificate, a person shall do the following: Report periodically, on a form provided by the Department, on the source, disposal destination, volume, and nature of the CHS transported; Provide a copy of the manifest supplied by the waste generator to the operator of facilities; Secure and maintain a bond of not less than $50,000 for the purpose of indemnifying the State for abatement of pollution resulting from the improper transportation or spill of CHS; Pay a yearly fee for certification not to exceed $50 per vehicle used for hauling CHS; Have a vehicle safety inspection performed on each vehicle (truck, truck tractor, and trailer/semitrailer) in accordance with §G of this regulation; and Submit proof of liability insurance coverage meeting the requirements of 49 CFR 387. A request for certification shall be submitted annually in writing and shall include information pertaining to the nature and quantity of the CHS to be transported, the source and destination, the method of transportation, specific information pertaining to the vehicles used to transport CHS, such as vehicle age and construction specifications, the safety inspection of the vehicle, proof of liability insurance, and the fee for certification. Failure to provide this information, the fee for certification, or other information required by the Department shall constitute grounds for denial of certification. The State Fire Marshal, and other public safety agencies approved by him, are certified CHS transporters. Utility maintenance crews are certified CHS transporters for CHS transported during the normal execution of their duties. This regulation does not apply to transportation within industrial plant sites such as transport of a CHS from an in-plant storage area to an in-plant waste treatment facility. Approved personnel of the Department of the Environment are certified CHS transporters. Interstate Certificates. Interstate carriers with more than 10 trucks operating in or out of the State, and servicing more than three States, may apply for Interstate Certificates if the carrier: Has 5 vehicle certificates currently issued; and Meets the insurance requirements of 49 CFR 387— Minimum Levels of Financial Responsibility for Motor Carriers. Interstate certificates are transferable from one vehicle to another. The location of the certificate shall be registered with the Department. The carrier shall notify the Department 24 hours before use of the certificate. The notification will include information detailing the type of vehicle, serial number, make, model, State of registration, license destination, material transported, and other information as may be requested. The maximum number of transferable certificates issued may not exceed the number of permanent certificates issued to a carrier. Each certificate issued shall carry a fee of $50. Mixing. Except under the supervision of the Department during an emergency, a CHS hauler may not mix, as defined by this regulation, any CHS except in a CHS facility. Mixing includes any blending, mingling, combining, consolidating or putting together of CHS unless specifically excluded under §D(3) of this regulation. Mixing does not include the blending, mingling, combining, or putting together of waste within but not among the following categories of hazardous waste from the same or different sources provided the substances are chemically and physically compatible: Acids of less than 1 molar concentrations; Bases of less than 1 molar concentrations; Cyanides with EPA Hazardous Waste Numbers F007, F008, F009, F010, F011, F013, or F016, or all of these; Halogenated solvents—contaminated with 1 percent or less of non-halogenated; Solvents non-halogenated—contaminated with 1 percent or less of halogenated. If a person transports used oil in a truck that has been used to transport hazardous waste, the person shall either: Assure that the truck is empty according to the criteria of COMAR 26.13.02.07 before loading the used oil onto the truck; or Manage the mixture of the used oil and the previously transported hazardous waste: As hazardous waste, or As otherwise allowed under the provisions of COMAR 26.13.10.05. When consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, the transporter shall do the following for each container of 119 gallons or less that is being used to hold the consolidated waste: Mark the container with the words “Hazardous Waste”; and Either: Mark the container with each applicable EPA hazardous waste number (EPA hazardous waste code) identified in COMAR 26.13.02.10—.19; or Use the method specified in COMAR 26.13.03.05C(3) to satisfy the requirement to mark the container with the EPA hazardous waste numbers of the wastes in the container. Stoppage. Except under the supervision of the Department during an emergency, a CHS hauler may not store CHS except in a CHS facility. Storage in a CHS vehicle does not include periods of stoppage, as defined by §E(2), of this regulation, if the conditions in §E(3) of this regulation are met. Stoppage is a period of time not to exceed 72 hours during which a CHS vehicle is at rest. The cumulative period of stoppage may not exceed 5 days for a particular shipment of CHS within the State. Any stoppage in excess of 12 hours shall be at a facility or other suitable site. During periods of stoppage, for instance, at truck stops or truck terminals, a CHS hauler shall comply with COMAR 26.13.05.02G and H; .03E—H; .04; .05; .09; and .10. Inspection, Repair, and Maintenance. Before a person may receive a hazardous waste vehicle certificate and certification sticker, the person shall: Certify that the vehicle is in compliance with the requirements of 49 CFR 396; Submit, to the Secretary, a copy of the most recent inspection report prepared in accordance with 49 CFR §396.21(a) to document that the vehicle has been inspected in accordance with the requirements of 49 CFR §396.17. The Manifest System. A transporter: May not accept hazardous waste from a generator unless the transporter is also provided with: A manifest signed in accordance with the provisions of COMAR 26.13.03.04E; or An electronic manifest that is obtained, completed, and transmitted in accordance with COMAR 26.13.03.04A(1)(b), and signed with a valid and enforceable electronic signature as described in COMAR 26.13.03.04E-2; and May only accept hazardous waste intended for export that is subject to COMAR 26.13.03.07 if: The waste is accompanied by a manifest signed in accordance with COMAR 26.13.03.04A; For exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, the waste is accompanied by a movement document that includes all information required by 40 CFR §262.83(d); and A copy of the EPA Acknowledgement of Consent is attached to the shipping paper if the shipment is a bulk shipment by water, or is attached to the manifest if the shipment is neither by rail nor a bulk shipment by water. Before transporting the hazardous waste, the transporter shall sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator before leaving the generator's property. The transporter shall: Ensure that the manifest accompanies the hazardous waste; For exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, ensure that a movement document that includes all the information required by 40 CFR §262.83(d) also accompanies the hazardous waste;and In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, ensure that a movement document that includes all information required by 40 CFR §262.84(d) also accompanies the hazardous waste. A transporter who delivers a hazardous waste to another transporter or to the designated facility shall: Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; Retain one copy of the manifest in accordance with §C of this regulation; and Give the remaining copies of the manifest to the accepting transporter or designated facility. The requirements of §A(3), (4), and (6) of this regulation do not apply to water (bulk shipment) transporters if: The hazardous waste is delivered by water (bulk shipment) to the designated facility; The hazardous waste is accompanied by: A shipping paper containing all the information required on the manifest, excluding the EPA identification numbers, generator certification, and signatures; and For exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR §262.83(d) or 262.84(d); The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter or the manifest and forwards it to the designated facility; and A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with §C of this regulation. Rail Shipments. For shipments involving rail transportation, the requirements of §A(3)—(5) of this regulation do not apply, but the following requirements do apply: When accepting hazardous waste from a nonrail transporter, the initial rail transporter shall: Sign and date the manifest acknowledging acceptance of the hazardous waste; Return a signed copy of the manifest to the nonrail transporter; Forward at least three copies of the manifest to the next nonrail transporter, if any, the designated facility, if the shipment is delivered to that facility by rail, or the last rail transporter designated to handle the waste in the United States; Retain one copy of the manifest and rail shipping paper in accordance with §C(3) of this regulation. Rail transporters shall ensure that: A shipping paper containing all the information required on the manifest, excluding the EPA identification numbers, generator certification, and signatures, accompanies the hazardous waste at all times; and For exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR §262.83(d) or 262.84(d) accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper. When delivering hazardous waste to the designated facility, a rail transporter shall: Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and Retain a copy of the manifest or signed shipping paper in accordance with §C of this regulation. When delivering hazardous waste to a nonrail transporter, a rail transporter shall: Obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and Retain a copy of the manifest in accordance with §C of this regulation. Before accepting hazardous waste from a rail transporter, a nonrail transporter shall sign and date the manifest and provide a copy to the rail transporter. Transporters who transport hazardous waste out of the United States shall: Sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States; Retain one copy in accordance with §C of this regulation; Return a signed copy of the manifest to the generator; and For paper manifests only, send a copy of the manifest to the e-manifest system in accordance with the allowable methods specified in 40 CFR §264.71(a)(2)(v). Use of Electronic Manifest. Legal Equivalence to Paper Forms for Participating Transporters. For the purposes of COMAR 26.13.01—.10: An electronic manifest that is obtained, completed, and transmitted in accordance with COMAR 26.13.03.04A(1)(b), and used in accordance with this section instead of using EPA Forms 8700–22 and 8700–22A, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest; A requirement to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of COMAR 26.13.03.04E-2; A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the electronic manifest system; A requirement for a manifest to accompany a hazardous waste shipment: Except as provided in §A-1(1)(d)(ii) of this regulation, is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment; and Includes a requirement for a transporter to carry one printed copy of the electronic manifest on the transport vehicle to the extent that the U.S. Department of Transportation hazardous materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with 49 CFR §177.817; A requirement for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and If a transporter is unable to produce an electronic manifest for inspection in accordance with §A-1(1)(e) of this regulation, the generator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility. Accessing the Electronic Manifest System. A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter's own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility. Special Procedures When the Electronic Manifest System Is Unavailable. If, after a manifest has been originated electronically and signed electronically by the initial transporter, the electronic manifest system becomes unavailable for any reason, then: The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce: A copy of the printed manifest that is carried on the transport vehicle in accordance with §A-1(1)(d)(ii) of this regulation, or obtain and complete another paper manifest for this purpose; and Sufficient copies of the document identified in §A-1(3)(a)(i) of this regulation to provide the transporter and all subsequent waste handlers with a copy for their files, plus two additional copies that will be delivered to the designated facility with the hazardous waste; On each printed copy being used to substitute for the unavailable electronic manifest, the transporter shall include: A notation in the Special Handling and Additional Description space (Item 14) that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system; If not pre-printed on the replacement manifest, the manifest tracking number of the electronic manifest that is replaced by the paper manifest; and A brief explanation of why the electronic manifest was not available for completing the tracking of the shipment electronically; A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste shall ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy; and From the point at which the electronic manifest is no longer available for tracking the waste shipment, each transporter shall ensure that the paper replacement manifest copies are carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests. Special Procedures for Electronic Signature Methods Undergoing Tests. If a transporter using an electronic manifest signs the manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall: Sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with §A-1(1)(d)(ii) of this regulation; Present the printed copy of the manifest bearing the generator's and transporter's ink signatures to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies; and After the owner or operator of the designated facility has signed the printed manifest copy with the owner or operator's ink signature, deliver the printed manifest copy to the designated facility with the waste materials. Post-Receipt Manifest Data Corrections. After a facility has certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person named on the manifest, such as a waste handler. A transporter may participate electronically in the post-receipt data corrections process by following the process described in COMAR 26.13.05.05B(11), which applies to corrections made to either paper or electronic manifest records. Compliance with the Manifest. The transporter shall deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to the: Designated facility listed on the manifest; Alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; Next designated transporter; or Place outside the United States designated by the generator. Emergency Condition. If the hazardous waste cannot be delivered in accordance with §B(1) of this regulation because of an emergency condition other than rejection of the waste by the designated facility, then: The transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions; and The requirements of §B(5)—(7) of this regulation apply. If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, and the rejection involves a partial load rejection or regulated quantities of container residues, the transporter shall: Obtain a copy of the original manifest that includes: The date and signature entered on the manifest by the facility; The manifest tracking number of the new manifest that will accompany the shipment of the rejected waste, entered in the manifest reference number line in the discrepancy block, Item 18a of the manifest; and A description of the partial rejection or container residue in the discrepancy block; Retain a copy of the manifest described in §B(3)(a) of this regulation in accordance with §C of this regulation, and give the remaining copies of the original manifest to the rejecting designated facility; Obtain a new manifest to accompany the shipment if the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator; and Assure that the new manifest required by §B(3)(c) of this regulation includes all the information required in COMAR 26.13.05.05C(5)(b), 26.13.05.05C(6)(b), or 26.13.06.05A. If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, and the rejection involves full load rejection that will be taken back by the transporter, the transporter shall: Obtain a copy of the original manifest that includes: The date and signature entered on the manifest by the facility attesting to the rejection; The description of the rejection in the discrepancy block of the manifest; and The name, address, phone number, and EPA identification number for the alternate facility or generator to whom the shipment will be delivered, in Item 18b of the manifest; Retain a copy of the manifest described in §B(4)(a) of this regulation in accordance with §C of this regulation; Give a copy of the manifest described in §B(4)(a) of this regulation to the rejecting designated facility; and If the original manifest is not used to accompany the shipment of the rejected load, obtain a new manifest for the shipment that has been prepared in compliance with COMAR 26.13.05.05C(5)(a), 26.13.05.05C(6)(a), or 26.13.06.05A. Emergency Condition — Transporters Without Agency Authority. If, as described in §B(2) of this regulation, hazardous waste is not delivered to the next designated transporter in accordance with §B(1)(c) of this regulation, and the current transporter is without contractual authorization from the generator to act as the generator's agent with respect to transporter additions or substitutions, then the current transporter shall contact the generator for further instructions before making any revisions to the transporter designations on the manifest. The current transporter may, after receiving further instructions from the generator in accordance with §B(5)(a) of this regulation, and receiving authorization from the generator to make proposed revisions to the transporter designations on the manifest, make revisions to the transporter designations on the manifest if: The hazardous waste is not delivered in accordance §B(1)(c) of this regulation because of an emergency condition; or The current transporter proposes to change the transporter or transporters designated on the manifest by the generator or proposes to add a new transporter during transportation, with the reason for the proposed change being the facilitation of a response to an emergency or for the purposes of transportation efficiency, convenience, or safety. Emergency Condition — Transporters with Agency Authority. If, as described in §B(2) of this regulation, hazardous waste is not delivered to the next designated transporter in accordance with §B(1)(c) of this regulation, and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter or transporters designated on the manifest, or add a new transporter, during transportation without the generator's prior, explicit approval, if: The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make such transporter changes on behalf of the generator; The transporter enters in Item 14 of each manifest for which a change under this authority is made the following statement of its agency authority: “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator's behalf.”; and The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety. Emergency Condition — Generator Liability. The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under §B(6) of this regulation does not affect the generator's liability or responsibility for complying with any applicable requirement under COMAR 26.13.01—.10, or grant any additional authority to the transporter to act on behalf of the generator. Record Keeping. A transporter of hazardous waste shall keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of 3 years from the date the hazardous waste was accepted by the initial transporter. For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of a shipping paper containing all the information required in §A(5)(b) of this regulation for a period of 3 years. For shipments of hazardous waste by rail within the State the following apply: The initial rail transporter shall keep a copy of the manifest and shipping paper with all the information required in §A(6)(b) of this regulation for a period of 3 years from the date the hazardous waste was accepted by the initial transporter; The final rail transporter shall keep a copy of the signed manifest, or the shipping paper if signed by the designated facility instead of the manifest, for a period of 3 years from the date the hazardous waste was accepted by the initial transporter; Intermediate rail transporters are not required to keep records pursuant to these regulations. A transporter who transports hazardous waste internationally out of the State shall keep a copy of the manifest, for a period of 3 years from the date the hazardous waste was accepted by the initial transporter, indicating that the hazardous waste left the United States. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary. Electronic Manifest Signatures. An electronic signature method used in connection with the electronic manifest system is acceptable only if: Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest. Immediate Action. In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment (for example, notify local authorities, dike the discharge area), and shall notify the Department and local authorities, if any, within 1 hour of the incident, or, if not immediately discovered, within 1 hour of discovery of the incident, by calling (410)974-3551. If a discharge of hazardous waste occurs during transportation, and an official (State or local government or a federal agency) acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. An air, rail, highway, or water transporter who has discharged hazardous waste shall: Give notice if required by 49 CFR §171.15 to the National Response Center, (800)424-8802; Submit a report in writing as required by 49 CFR §171.16 to the Information Systems Manager, DHM-63, Research and Special Programs Administration, Department of Transportation, Washington, DC 20590; and Submit a report in writing within 30 days to the Director of the Waste Management Administration, Department of the Environment, 2500 Broening Highway, Baltimore, Maryland 21224. A water (bulk shipment) transporter who has discharged hazardous waste shall give notice by 33 CFR §153.203 to the National Response Center, (800)424-8802, or in the District of Columbia, (202)426-2675, and to the State, (410)974-3551. Discharge Cleanup. A transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. All references to 49 CFR in this regulation mean 49 CFR as it has been adopted as of October 1, 2007. The Department as a condition to the issuance of a CHS Hauler Certificate shall require a person to secure a bond of not less than $50,000 for the purpose of indemnifying the State for abatement of pollution from the improper transportation or spill of CHS. The bond shall be executed by the permittee and corporate surety licensed to do business in the State. Alternative Financial Guarantees. Instead of a corporate surety, one of the following shall be acceptable: Deposits of cash or negotiable bonds of the United States Government. The cash deposit or market value of the securities shall be equal at least to the required sum of the bond. The Department, on receipt of any deposit of cash or securities, immediately shall forward it to the State Treasurer, who shall receive and hold the bond in the name of the State, in trust, for the purposes for which the deposit is made. The State Treasurer at all times is responsible for the custody and safekeeping of these deposits. The person making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the sum of the bond. A certificate of deposit, if it is equivalent to the required bond, issued by a bank within the State, and accompanied by written agreement of the bank to pay on demand to the State upon a finding of forfeit by the Secretary. An instrument or other financial guarantee, such as an irrevocable letter of credit, which in the discretionary judgment of the Secretary adequately indemnifies the State. Upon expiration of the time limitations specified in the certification, the Department shall release the bond, provided that all provisions of the certificate and Environment Article, §§7-201—7-268, inclusive, Annotated Code of Maryland, have been satisfactorily met. Failure to fully comply with the provisions set forth above, or revocation of the certificate, shall constitute grounds for the Department to initiate forfeiture proceedings. Forfeiture Proceedings. The Department shall notify the permittee by registered mail of its intent to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulations .01—.03 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 .01A—C, .02A, C amended, and .03C adopted effective July 30, 1984 (11:15 Md. R. 1330) Regulation .01C adopted effective January 18, 1982 (9:1 Md. R. 20) Regulations .01C and .02A and C amended effective January 31, 1983 (10:2 Md. R. 110) Regulations .01C, .02A, .04A and C amended, and .01D—F adopted effective February 13, 1984 (11:3 Md. R. 202) Regulations .02C and .03A amended effective January 18, 1982 (9:1 Md. R. 20) Regulation .04 adopted effective January 18, 1982 (9:1 Md. R. 20) Chapter recodified from COMAR 10.51.04 to COMAR 26.13.04 Regulation .01 amended effective June 18, 2018 (45:12 Md. R. 619) Regulation .01A amended effective May 1, 2008 (35:8 Md. R. 809); January 13, 2022 (49:1 Md. R. 14) Regulation .01C amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759) Regulation .01D amended effective September 7, 1998 (25:18 Md. R. 1438); October 1, 2025 (52:17 Md. R. 876) Regulation .01F amended effective December 23, 1991 (18:25 Md. R. 2759); November 9, 1992 (19:22 Md. R. 1991); September 11, 2006 (33:18 Md. R. 1507) Regulation .02 amended effective September 11, 2006 (33:18 Md. R. 1507); January 13, 2022 (49:1 Md. R. 14) Regulation .02A amended effective April 18, 1988 (15:8 Md. R. 1009); August 28, 1995 (22:17 Md. R. 1321) Regulation .03A and C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .03C amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .04 amended effective April 18, 1988 (15:8 Md. R. 1009) Purpose, Scope, and Applicability. The purpose of this regulation is to establish minimum State standards which define the acceptable management of hazardous waste. The standards in this chapter apply to: Owners and operators of facilities which treat, store, or dispose of hazardous waste; All treatment, storage, or disposal of hazardous waste at active facilities or at inactive facilities, except as specifically provided otherwise in this chapter, COMAR 26.13.02, 26.13.06, or 26.13.10; Inactive disposal facilities when the Department determines that a substantial present or potential hazard to human health or the environment exists; As specified in COMAR 26.13.10.30, the storage of military munitions classified as a solid waste under COMAR 26.13.10.27B; The treatment and disposal of hazardous waste military munitions; and Owners or operators of all facilities that treat, store, or dispose of hazardous wastes referred to in 40 CFR Part 268. The requirements of this chapter do not apply to: A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act and complying with the following regulations: Regulation .02B of this chapter; and Regulation .05B, C, D(1) and (2)(a), and F and G of this chapter; The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this chapter by COMAR 26.13.02.05; The owner or operator of a facility managing recyclable materials described in COMAR 26.13.02.06A(2) and (3), except to the extent required in this chapter or by COMAR 26.13.10; A generator accumulating waste on-site in compliance with: COMAR 26.13.03.03-3—.03-10, except to the extent that a provision in COMAR 26.13.03.03-3—.03-10 requires the generator to comply with the requirements in this chapter; or COMAR 26.13.03.05-3—.05-5; A farmer disposing of waste pesticides from his own use in compliance with COMAR 26.13.03.07-4; The owner or operator of a totally enclosed treatment facility as defined in COMAR 26.13.01.03B(81); The owner or operator of an elementary neutralization unit or a wastewater treatment unit, subject to the following: For a wastewater treatment unit, the exclusion from the requirements of this chapter does not apply with respect to treatment of a hazardous waste from off-site, other than waste delivered to a unit via sanitary sewer in accordance with the requirements of the Clean Water Act; The owner or operator shall comply with the requirements of Regulation .02H of this chapter if the owner or operator is using the unit to treat a characteristic hazardous waste by dilution to remove the hazardous characteristic from the waste before land disposal, and the waste is either an ignitable hazardous waste described in §A(3)(g)(iii) of this regulation, or a reactive hazardous waste; and The provisions of §A(3)(g)(ii) of this regulation regarding ignitable hazardous waste apply to an ignitable waste other than a waste in the D001 High TOC Subcategory defined in 40 CFR §268.40; A person engaged in treatment or containment activities during immediate response to any of the following situations, except as provided in §D of this regulation: A discharge of a hazardous waste; An imminent and substantial threat of a discharge of a hazardous waste; A discharge of a material which, if discharged, becomes a hazardous waste; or An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of conventional military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in COMAR 26.13.01.03B. The owner or operator of a publicly owned treatment works (POTW) if the owner or operator: Has an NPDES permit; Complies with the conditions of the facility's NPDES permit; and Complies with Regulations .02B, .05B, C, D(1) and (2)(a), F, and G of this chapter; The addition of absorbent material to a waste container or the addition of waste to absorbent in a container, if: The combining of waste and absorbent occurs when waste is first placed in the container; Regulation .02H(2) of this chapter, which concerns requirements for ignitable, reactive, or incompatible waste, is complied with; Regulation .09B of this chapter, which concerns condition of containers, is complied with; and Regulation .09C of this chapter, which concerns compatibility of waste with containers, is complied with; Universal waste handlers and universal waste transporters handling the following wastes: Batteries, as described in COMAR 26.13.10.07; Pesticides, as described in COMAR 26.13.10.08; Lamps, mercury-containing equipment, or PCB-containing lamp ballasts, each as described in COMAR 26.13.10.09; and Aerosol cans, as described in COMAR 26.13.10.09-1; or A person who operates a device to crush mercury-containing lamps if the person who operates the device is in compliance with the requirements of COMAR 26.13.10.15B(3); or A reverse distributor accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in COMAR 26.13.01.03B. Agency Note: Reverse distributors are subject to regulation under COMAR 26.13.10.32—.49 instead of this chapter for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated pharmaceuticals. Relationship to Interim Status Standards. A facility owner or operator who has fully complied with the requirements for interim status, as defined in §3005(e) of RCRA and COMAR 26.13.07.23A, shall comply with the regulations specified in COMAR 26.13.06 in place of the regulations in this chapter, until final administrative disposition of the owner or operator's permit application is made. Imminent Hazard Action. Notwithstanding any other provisions of these regulations, enforcement actions may be brought under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland. Clarifications Concerning Responses to Emergencies. The owner or operator of a facility exempted under §A(3)(h) of this regulation but otherwise subject to the requirements of this chapter shall comply with all applicable requirements of Regulations .03 and .04 of this chapter. A person exempted from the requirements of this chapter under §A(3)(h) of this regulation who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and COMAR 26.13.07 with respect to those activities. The exemptions of §A(3)(h)(i)—(iv) of this regulation only apply to activities taken in response to a discharge, an imminent and substantial threat of a discharge, or an explosives or munitions emergency. After the immediate response activities are completed, the applicable regulations of this chapter apply fully to the management of any spill residue or debris that is a hazardous waste under COMAR 26.13.02. The Secretary may: Require a person to comply with the requirements of this chapter even though the person is otherwise exempted from complying with these requirements under §A(3)(h) of this regulation if the Secretary determines that requiring compliance is necessary for the protection of human health or the environment; and Consider the following in making the determination under §D(4)(a) of this regulation that a treatment or containment activity shall be subject to the requirements of this chapter: The volume of the waste or material that is the subject of the treatment or containment activity; The toxicity of the waste or material that is the subject of the treatment or containment activity; or The risks associated with the treatment or containment activity. In the case of an explosives or munitions emergency response, if a federal, State, tribal, or local official acting within the scope of that individual's official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste: By transporters who do not have EPA identification numbers; By transporters who have not been issued a certificate under COMAR 26.13.04.01C and F; and Without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying: The dates of the response; The responsible persons responding; The type and description of material addressed; and The final disposition of the material addressed in the emergency. Applicability. This regulation applies to owners and operators of all hazardous waste facilities, except as Regulation .01A provides otherwise. Identification Number. Every facility owner or operator shall apply to the State for an EPA identification number. Required Notices. The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR Part 262, Subpart H, from a foreign source shall: Submit the notices required in 40 CFR §264.12(a); and In complying with 40 CFR §264.12(a), comply with provisions in the Code of Federal Regulations as referenced rather than analogous provisions in COMAR. Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and COMAR 26.13.07. The owner or operator of a facility that receives hazardous waste from an off-site source, unless the owner or operator is also the generator, shall inform the generator in writing that the appropriate permit or permits for the facility have been obtained, or that the facility has qualified for interim status, and that the waste the generator is shipping will be accepted. The owner or operator shall keep a copy of this written notice as part of the operating record. Hazardous Waste Received at a Recovery Facility from a Foreign Source. For the purposes of this subsection: “Competent authorities” has the meaning stated in 40 CFR §262.81(a); “Concerned countries” has the meaning stated in 40 CFR §262.81(b); “Notifier” has the meaning stated in 40 CFR §262.81(g); “Recovery facility” has the meaning stated in 40 CFR §262.81(j); and “Tracking document” means a document that meets the requirements of 40 CFR §262.84, which is incorporated by reference in COMAR 26.13.01.05B(1)(d). The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to COMAR 26.13.03.07-5, which deals with international agreements concerning shipments of hazardous waste, shall provide a copy of the tracking document bearing all required signatures, within 3 working days of receipt of the shipment to: The notifier; The U.S. EPA at the address given in 40 CFR §264.12(a)(2); and The competent authorities of all other concerned countries. A person required to distribute copies of a tracking document under §C(4)(b) of this regulation shall maintain the original of the signed tracking document at the facility for at least 3 years. General Waste Analysis. Chemical and Physical Analysis. Before an owner or operator treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under Regulation .07D(6) of this chapter, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which is needed to treat, store, or dispose of the waste in accordance with the: Requirements of this chapter and COMAR 26.13.09; or Conditions of a permit issued pursuant to COMAR 26.13.07. The analysis may include data developed under COMAR 26.13.02, existing published or documented data on the hazardous waste or on waste generated from similar processes. The owner or operator shall repeat the analysis required by §D(1)(a) of this regulation to ensure that it is accurate and up to date, and, in doing so, repeat the analysis at a minimum: When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous waste if applicable under Regulation .07D(6) of this chapter, has changed; and For off-site facilities, when the results of the inspection required in §D(1)(d), of this regulation, indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper. The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper. Written Analysis. The owner or operator shall: Develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with §D(1) of this regulation. Keep the waste analysis plan required by §D(2)(a) of this regulation at the facility; Assure that the plan required by §D(2) of this regulation specifies, at a minimum: The parameters for which each hazardous waste, or non-hazardous waste if applicable under Regulation .07D(6) of this chapter, will be analyzed and the rationale for the selection of these parameters, explaining how analysis for these parameters will provide sufficient information on the waste's properties to comply with §D(1) of this regulation; The test methods which will be used to test for these parameters; The sampling method which will be used to obtain a representative sample of the waste to be analyzed, which may be either one of the sampling methods described in COMAR 26.13.02.20 or an equivalent sampling method; The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and When applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in §H of this regulation, Regulations .14N and .16D of this chapter, and COMAR 26.13.09; and Assure that, for off-site facilities, the waste analysis plan required in §D(2)(a) of this regulation at a minimum: Specifies the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper; Describes the procedures which will be used to determine the identity of each movement of waste managed at the facility; and Describes the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling. Special Requirements for Surface Impoundments. The owner or operator of a surface impoundment exempted from land disposal restrictions under 40 CFR §268.4(a) shall ensure that the waste analysis plan required by §D(2) of this regulation includes the procedures and schedules for the: Sampling of impoundment contents; Analysis of test data; and Annual removal of residues specified in §D(4) of this regulation. The requirement of §D(3)(c) of this regulation applies to surface impoundment residues that are regulated as hazardous waste because they exhibit a characteristic of hazardous waste or they have not been delisted under COMAR 26.13.01.04B-1, and either: Do not meet the applicable treatment standards of 40 CFR Part 268, Subpart D; or In the absence of treatment standards in 40 CFR Part 268, Subpart D, are prohibited from land disposal under: 40 CFR §268.32 or RCRA Section 3004(d); or 40 CFR §268.33(f). Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of his facility, unless it can be demonstrated to the Secretary that: Physical contact with the waste, structures, or equipment within the active portion of the facility does not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, does not cause a violation of the requirements of this chapter. Unless exempt under §E(1)(a) and (b), of this regulation, a facility shall have: A 24-hour surveillance system (for example, television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or An artificial or natural barrier (for example, a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (for example, an attendant, television monitors, locked entrance, or controlled roadway access to the facility). Unless exempt under §E(1)(a) and (b), of this regulation, a sign with the legend “Danger—Unauthorized Personnel Keep Out”, shall be posted at every entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous. General Inspection Requirements. The owner or operator shall inspect his facility for malfunctions and deterioration, operator errors, and discharges which may be causing, or may lead to, a release of hazardous waste constituents to the environment or may be causing, or may lead to, a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment. Development of Written Schedule. The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards. The owner shall keep this schedule at the facility. The schedule shall identify the types of problems (for example, malfunctions or deterioration) which are to be looked for during the inspection (for example, inoperative sump pump, leaking fitting, eroding dike, etc.). The owner or operator: May develop an inspection schedule on which the frequency of inspection for the items on the schedule varies; Shall base the frequency of inspection on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration or malfunction or any operator error goes undetected between inspections; Shall inspect areas subject to spills, such as loading and unloading areas, daily when in use; and Shall include in the inspection schedule, at a minimum, the items and frequencies called for in Regulations .09E, .10D, .10-4G, .11F, .12E, .13D, .14C, .16I, and .16-1C of this chapter. The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. When a hazard is imminent or has already occurred, remedial action shall be taken immediately. The owner or operator shall record inspections in an inspection log or summary. He shall keep these records for at least 3 years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. Personnel Training. Program of Instruction or Training. Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under §G(4)(c), of this regulation. This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed. At a minimum the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, when applicable: Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; Key parameters for automatic waste feed cutoff systems; Communications or alarm systems; Response to fires or explosions; Response to ground water contamination incidents; and Shutdown of operations. Facility personnel shall successfully complete the program required in §G(1), of this regulation, within 6 months after the effective date of these regulations or 6 months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of these regulations may not work in unsupervised positions until they have completed the training requirements of §G(1), of this regulation. Facility personnel shall take part in an annual review of the initial training required in §G(1), of this regulation. The owner or operator shall maintain the following documents and records at the facility: The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job. A written job description for each position listed under §G(4)(a), of this regulation. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of employees assigned to each position. A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under §G(4)(a), of this regulation. Records that document that the training or job experience required under §G(1), (2), and (3) of this regulation, has been given to, and completed by, facility personnel. Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least 3 years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company. General Requirements for Ignitable, Reactive, or Incompatible Wastes. The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from the sources of ignition or reaction including, but not limited to open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electric, or mechanical), spontaneous ignition (for example, from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. “No smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste. When specifically required by this subtitle, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, shall be conducted so that it does not: Generate extreme heat or pressure, fire or explosion, or violent reaction; Produce uncontrolled toxic mists, fumes, dusts, or gasses in sufficient quantities to threaten human health or the environment; Produce uncontrolled flammable fumes or gasses in sufficient quantities to pose a risk of fire or explosions; Damage the structural integrity of the device or facility containing the waste; or Through other like means threaten human health or the environment. When required to comply with §H(1) or (2), of this regulation, the owner or operator shall document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (for example, bench scale or pilot scale tests), waste analysis according to §D of this regulation, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. Aisle Space. The facility owner or operator shall provide sufficient aisle space to allow for: Inspections by the Department; Inspections under §F of this regulation; and Compliance with Regulation .03F of this regulation. At a minimum, the aisle space shall be no less than 2 feet in width. Transportation Certification. Unless §J(2), of this regulation, applies, a facility shall only accept CHS from a certified hauler who has the following: The CHS hauler certification; His or her CHS driver certification; and The vehicle certification. A facility shall only accept CHS from a hauler without a certification upon approval from the Department. A facility may not be located in an active fault zone. Flood Plains. Definitions. The following definitions are used in §B(2), of this regulation: "100-year flood" means a flood that has a 1 percent chance of being equaled or exceeded in any given year. "100-year flood plain" means any land area which is subject to a 1 percent or greater chance of a flooding in any given year from any source. “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding. A facility located in a 100-year flood plain shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator demonstrates to the Secretary that procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters. A facility may not be located in a wetland, unless the operator obtains a discharge permit under COMAR 26.10.01 and a wetlands permit under COMAR 08.05.07. A facility may not be located so as to be likely to jeopardize the continued existence of endangered and threatened species, or result in the destruction or adverse modification of their critical habitat. (Reference: COMAR 08.03.08 and Natural Resources Article, §§10-2A-01—2A-09, Annotated Code of Maryland.) A facility may not be located in the recharge zone of a sole source aquifer unless it can be demonstrated that the facility is designed, constructed, operated, and maintained to prevent any endangerment of the aquifer. Salt Dome Formations, Salt Bed Formations, Underground Mines, and Caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited. This regulation applies to the owner or operator of a: Surface impoundment that is subject to the requirements of Regulation .11D(4) or (5) of this chapter; Waste pile that is subject to the requirements of Regulation .12D(1) or (2) of this chapter; or Landfill unit that is subject to the requirements of Regulation .14B(3) or (4) of this chapter. The owner or operator of a land disposal unit identified in §A of this regulation shall: Incorporate into facility operations a construction quality assurance program that: Ensures that the constructed unit meets or exceeds all design criteria and specifications in the facility permit; and Has been developed and implemented under the direction of a construction quality assurance officer who is a registered professional engineer; and As qualified by §C of this regulation, ensure that the construction quality assurance program meets the requirements of 40 CFR §264.19(a)(2), (b), and (c). In complying with the requirements of 40 CFR §264.19, the owner or operator shall: Substitute “Secretary” for “Regional Administrator”; and Substitute the corresponding regulation or regulations identified in COMAR 26.13.01.05B(2) for the provisions in other sections of the Code of Federal Regulations that are cited within 40 CFR §264.19. Certification. The owner or operator of a unit identified in §A if this regulation: May not accept waste into the unit until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the construction quality assurance officer that the: Approved construction quality assurance plan has been successfully carried out; Unit meets the requirements of: Regulation .11D(4) or (5) of this chapter; Regulation .12D(1) or (2) of this chapter; or Regulation .14B(3) or (4) of this chapter; and Procedure of COMAR 26.13.07.15C(2) and (3) regarding inspection by the Department has been carried out; and Shall furnish documentation supporting the construction quality assurance officer’s certification to the Department upon request. Applicability. This regulation applies to owners and operators of all hazardous waste facilities, except as Regulation .01A, of this chapter, otherwise provides. Design and Operation of Facility. Facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. Required Equipment. All facilities shall be equipped with the following, unless it can be demonstrated to the Secretary that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel; A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams; Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems. Testing and Maintenance of Equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency. Access to Communications or Alarm System. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communications device, either directly or through visual or voice contact with another employee, unless the Secretary has ruled that such a device is not required under §C of this regulation. If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Secretary has ruled that such a device is not required under §C of this regulation. Required Aisle Space. The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Secretary that aisle space is not needed for any of these purposes. Special Handling for Ignitable or Reactive Waste. The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by: Separating and protecting the waste from sources of ignition or reaction including but not limited to: Open flames; Smoking; Cutting and welding; Hot surfaces; Frictional heat; Sparks, including electrical sparks, sparks caused by static electricity, and mechanically-caused sparks; Spontaneous ignition, such as ignition caused by heat-producing chemical reactions; and Radiant heat; Confining smoking and open flame, while ignitable or reactive waste is being handled, to specially designated locations where smoking or open flame will not create a risk of causing the waste to ignite or react; and Conspicuously placing “No Smoking” signs wherever there is a hazard from ignitable or reactive waste. Arrangements With Local Authorities. The owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at his facility and the potential need for the services of these organizations: Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility and possible evacuation routes; When more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority. Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility. When State or local authorities decline to enter into these arrangements, the owner or operator shall document the refusal in the operating record. Applicability. This regulation applies to owners and operators of all hazardous waste facilities, except as Regulation .01 otherwise provides. Purpose and Implementation of Contingency Plan. Every owner or operator shall have a contingency plan for his facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. Content of Contingency Plan. The contingency plan shall describe the actions facility personnel shall take to comply with §§B and G of this regulation, in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility. If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR 112 or 1510, or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter. The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to Regulation .03H of this chapter. The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see §F), and this list shall be kept up to date. When more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall be supplied to the Secretary at the time of certification, rather than at the time of permit application. The plan shall include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities. The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (when the primary routes could be blocked by releases of hazardous waste or fires). Copies of Contingency Plan. A copy of the contingency plan and all revisions to the plan shall be: Maintained at the facility; and Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services. Amendments of Contingency Plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever the: Facility permit is revised; Plan fails in an emergency; Facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency; List of emergency coordinators changes; or List of emergency equipment changes. Emergency Coordinator. At all times, there shall be at least one employee either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. Emergency Procedures. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) shall immediately: Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and Notify appropriate State or local agencies with designated response roles if their help is needed. Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis. Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion (for example, the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions). If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, or if the release is of a quantity which would exceed the Reportable Quantities listed in 40 CFR Part 302, the emergency coordinator shall report these findings as follows: If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities and be available to help appropriate officials decide whether local areas should be evacuated. The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR Part 1510) or the National Response Center using their 24-hour toll-free number (800) 424-8802, and the Maryland Department of the Environment, Emergency Response Program (866) 633-4686. The report shall include: Name and telephone number of reporter; Name and address of facility; Time and type of incident (for example, release, fire); Name and quantity of materials involved, to the extent known; The extent of injuries, if any; and The possible hazards to human health, or the environment, outside the facility. During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers. If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. The emergency coordinator shall ensure that, in the affected areas of the facility: Waste that may be incompatible with the released material is not treated, stored, or disposed of until cleanup procedures are completed; and All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. The owner or operator shall notify the Secretary, and appropriate other State and local authorities, that the facility is in compliance with §G(8) of this regulation before operations are resumed in the affected areas of the facility. The owner or operator shall note in the operating record the time, date, and details of any incident that required implementing the contingency plan. Within 15 days after the incident, he shall submit a written report on the incident to the Secretary. The report shall include: Name, address, and telephone number of the owner or operator; Name, address, and telephone number of the facility; Date, time, and type of incident (for example, fire, explosion); Name and quantity of materials involved; The extent of injuries, if any; An assessment of actual or potential hazards to human health or the environment, where this is applicable; and Estimated quantity and disposition of recovered material that resulted from the incident. Applicability. This regulation applies to owners and operators of both on-site and off-site facilities, except as Regulation .01 of this chapter otherwise provides. Sections B, C, and G of this regulation do not apply to owners and operators of: On-site facilities that do not receive hazardous waste from off-site sources; or Off-site facilities with respect to waste military munitions exempted from manifest requirements under COMAR 26.13.10.28B. Section D(2)(i) of this regulation only applies to owners or operators who treat, store, or dispose of hazardous wastes on-site where these wastes were generated. Use of Manifest System. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the owner or operator's agent, shall: Sign and date, by hand, each copy of the manifest to certify that the hazardous waste covered by the manifest was: Received; Received, except as noted in the manifest discrepancy space; or Rejected, as noted in the manifest discrepancy space; Note any discrepancies in the manifest as defined in §C(1) of this regulation on each copy of the manifest; Immediately give the transporter at least one copy of the signed manifest; Within 30 days after the delivery, send a copy of the manifest to the generator; Comply with the following requirements for handling paper manifests: Transmit the top copy (page 1) and any continuation sheets to the electronic manifest system for data entry and processing by either transmitting an image file of page 1 of the manifest and any continuation sheet, or transmitting both a data file and the image file corresponding to page 1 of the manifest and any continuation sheet; Make the transmittal required by §B(1)(e)(i) of this regulation within 30 days of the date of delivery to the facility; and Submit copies to the electronic manifest system by directing the copies to the electronic mail submission address specified on the U.S. Environmental Protection Agency's electronic manifest program website's directory of services. Retain at the facility a copy of each manifest for at least 3 years from the date of delivery; and For hazardous waste subject to 40 CFR Part 262, Subpart H, from a foreign source: Additionally, list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b, using, if additional space is needed, one or more continuation sheet (EPA Form 8700-22A); and Send a copy of the manifest within 30 days of delivery to EPA using the addresses listed in 40 CFR §262.82(e) until the facility can submit such a copy to the e-manifest system in accordance with §B(1)(e) of this regulation. If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or the owner or operator's agent, shall: Sign and date each copy of the shipping paper to certify that the hazardous waste covered by the shipping paper was received; Note any significant discrepancies in the shipping paper as defined in §C(1)) of this regulation on each copy of the shipping paper; Immediately give the rail or water (bulk shipment) transporter at least one copy of the shipping paper; Within 30 days after the delivery, send to the generator a copy of the signed and dated: Manifest; or Shipping paper if the manifest has not been received within 30 days after delivery; and Retain at the facility a copy of each shipping paper and manifest for at least 3 years from the date of delivery. Shipments of Hazardous Waste Initiated from a Facility. If a facility owner or operator initiates a shipment of hazardous waste from a facility, the facility owner or operator shall comply with the requirements of COMAR 26.13.03. The provisions of COMAR 26.13.03-3.03-10 are applicable to the on-site accumulation of hazardous waste by generators, and therefore only apply to the owner or operator of a facility who is shipping hazardous waste that the owner or operator: Generated at the facility; or Consolidated at the facility under the provisions of COMAR 26.13.03.11-3 that apply to wastes accepted from off-site generators that are under control of the same person that controls the facility. After receiving a shipment of hazardous waste from a foreign source subject to 40 CFR Part 262, Subpart H, the owner or operator of a facility shall comply with the requirements of 40 CFR §264.71(d) regarding the waste tracking system for imports and exports that is maintained by EPA under authority that is not delegated to the states. A facility shall determine whether: Under the consignment state's hazardous waste program, the consignment state regulates as hazardous for a shipment any additional wastes beyond those regulated federally; and The generator state, consignment state, or both, require the facility to submit any copies of the manifest to these states. Legal Equivalence to Paper Manifests. For the purposes of COMAR 26.13.01.10: An electronic manifest that is obtained, completed, and transmitted in accordance with COMAR 26.13.03.04A(1)(b), and used in accordance with this section instead of using the paper manifest form, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest; A requirement for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of COMAR 26.13.03.04E-2; A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person; A requirement for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment; A requirement for a facility owner or operator to keep or retain a copy of a manifest is satisfied by retention of the facility's electronic manifest copy in the facility's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and If a facility owner or operator is unable to produce an electronic manifest for inspection in accordance with §B(6)(e) of this regulation, the owner or operator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the owner or operator bears no responsibility. Accessing the Electronic Manifest System. A facility owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner or operator's own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner's or operator's site by the transporter who delivers the waste shipment to the facility. Special Procedures Applicable to Replacement Manifests. If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter: Upon delivery of the hazardous waste to the designated facility, the owner or operator shall sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest; The owner or operator of the facility shall give back to the final transporter one copy of the paper replacement manifest; Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility shall send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system; and The owner or operator of the facility shall retain at the facility one copy of the paper replacement manifest for at least 3 years from the date of delivery. Special Procedures Applicable to Electronic Signature Methods Undergoing Tests. If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall: Also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter; and Upon executing the owner or operator's ink signature on the printed copy of the manifest provided by the transporter, the owner or operator shall retain this original copy among the facility's records for at least 3 years from the date of delivery of the waste. Electronic Manifest Signatures. An electronic signature method used in connection with the electronic manifest system is acceptable only if: Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest. Post-Receipt Manifest Data Corrections. After a facility has certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person shown on the manifest, such as a waste handler. An interested person shall make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web-based service provided in the electronic manifest system for corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests. A person submitting a correction shall include the following information as part of the submission: The manifest tracking number and date of receipt by the facility of each original manifest for which data are being corrected; The item number of each original manifest that is the subject of a submitted correction; and For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission. A person submitting a correction: Shall include as part of the submission a statement that the person submitting the corrections certifies that, to the best of the person's knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete; Shall execute the certification statement with a valid electronic signature; and May submit a batch upload of data corrections under one certification statement. Agency Note: The U.S. Environmental Protection Agency assesses an owner or operator who is a user of the electronic manifest system a user fee as prescribed in 40 CFR §264.311 and determined in 40 CFR §1312. EPA periodically updates the schedule of user fees and publishes the updated fee schedule to ensure that the e-manifest user community is aware of the revisions, as provided in 40 CFR §264.1313. An owner or operator subject to these user fees is required by EPA to make user fee payments in accordance with the requirements of 40 CFR §264.1314, subject to the informal fee dispute resolution process of 40 CFR §264.1316, and subject to the sanctions for delinquent payments under 40 CFR §264.1315. Manifest Discrepancies. Manifest discrepancies are: Significant differences, as defined in §C(2) of this regulation, between the quantity or type of hazardous waste designated on the manifest or shipping paper and the quantity or type of hazardous waste a facility actually receives; Rejected wastes, which may be a full or a partial shipment of hazardous waste that the designated facility cannot accept; or Container residues, which are residues that exceed the quantity limits for a container to be defined as “empty” under COMAR 26.13.02.07B and 26.13.10.35. In this section, the following terms have the meanings indicated: “Significant differences in quantity” means: For bulk waste, variations greater than 10 percent in weight; and For batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. “Significant differences in type” means obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper. If the owner or operator discovers a significant difference in quantity or type for a shipment of waste, the owner or operator shall: Upon discovery of the significant difference, attempt to reconcile the discrepancy with the waste generator or transporter, by, for example, telephone conversations; and If the discrepancy is not resolved within 15 days after receiving the waste, immediately submit the following to the Secretary: A letter describing the discrepancy and the attempts to reconcile it; and A copy of the manifest or shipping paper at issue. Management of Rejected Wastes and Container Residues. Upon rejecting waste or identifying a container residue that exceeds the quantity limits for “empty” under COMAR 26.13.02.07B, the facility: Shall consult with the generator before forwarding the waste to another facility that can manage the waste; May return the rejected waste or residue to the generator if it is impossible to locate an alternative facility that can receive the waste; and Shall send the waste to the alternative facility or to the generator within 60 days of the rejection of the waste or the identification of the excess container residue. While the facility is making arrangements for forwarding rejected wastes or residues to another facility in accordance with §C(4)(a) of this regulation, pending delivery of the waste to the first transporter designated on the manifest prepared under §C(5) or (6) of this regulation, the facility shall: Ensure that the delivering transporter retains custody of the waste; or Provide for secure, temporary custody of the waste. Preparation of Manifests—Shipments of Rejected Loads and Residues to an Alternate Facility. Except as provided in §C(5)(c) of this regulation, for full or partial load rejections and residues that are to be sent offsite to an alternate facility, the rejecting facility shall prepare a new manifest in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(5)(b) of this regulation. The facility shall do the following in preparing the manifest required by §C(5)(a) of this regulation: Write the generator's U.S. EPA identification number in Item 1 of the new manifest; Write the generator's name and mailing address in Item 5 of the new manifest; If the generator's mailing address differs from the generator's site address, write the generator's site address in Item 5 of the new manifest; Write the name of the alternate designated facility and the alternate facility's U.S. EPA identification number in Item 8, the designated facility block, of the new manifest; Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling Instructions and Additional Information Block of the new manifest, and indicate in this block that the shipment is a residue or rejected waste from the previous shipment; Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in Item 18a, the Discrepancy Block, of the old manifest; Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9, U.S. DOT Description, of the new manifest; Write the number and type of container, waste quantity, unit of weight or volume, and waste codes for each waste in the appropriate spaces of the new manifest; and Sign the Generator's/Offeror's Certification on the new manifest to certify, as offeror of the shipment, that the waste has been properly packaged, marked, and labeled, and is in proper condition for transportation. For full load rejections that are made while the transporter remains at the facility, the facility: May forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space; Shall retain for the facility's records a copy of the manifest amended as specified in §C(5)(c)(i) of this regulation, and shall give the remaining copies of the amended manifest to the transporter to accompany the shipment; and Shall, if the original manifest is not used in transporting the shipment to the alternate facility, use a new manifest completed in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(5)(b) of this regulation. Preparation of Manifests— Shipments of Rejected Loads and Residues Returned to Generator. Except as provided in §C(6)(c) of this regulation, for rejected wastes and residues that are to be sent back to the generator, the rejecting facility shall prepare a new manifest in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(6)(b) of this regulation. The facility shall do the following in preparing the manifest required by §C(6)(a) of this regulation: Write the rejecting facility's U.S. EPA identification number in Item 1 of the new manifest; Write the rejecting facility's name and mailing address in Item 5 of the new manifest; If the rejecting facility's mailing address differs from the facility's site address, write the facility's site address in Item 5 of the new manifest; Write the name of the initial generator and the generator's U.S. EPA identification number in Item 8, the designated facility block, of the new manifest; Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling Instructions and Additional Information Block of the new manifest, and indicate in this block that the shipment is a residue or rejected waste from the previous shipment; Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in Item 18a, the Discrepancy Block, of the old manifest; Write the U.S. DOT description for the rejected load or the residue in Item 9, U.S. DOT Description, of the new manifest; Write the number and type of container, waste quantity, unit of weight or volume, and waste codes for each waste in the appropriate spaces of the new manifest; and Sign the Generator's/Offeror's Certification on the new manifest to certify, as offeror of the shipment, that the waste has been properly packaged, marked, and labeled, and is in proper condition for transportation. For full load rejections that are made while the transporter remains at the facility, the facility: May return the shipment to the generator with the original manifest by completing Item 18b of the manifest and supplying the generator's information in the Alternate Facility space; Shall retain for the facility's records a copy of the manifest amended as specified in §C(6)(c)(i) of this regulation, and shall give the remaining copies of the amended manifest to the transporter to accompany the shipment; and Shall, if the original manifest is not used in returning the shipment to the generator, use a new manifest completed in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(6)(b) of this regulation. For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility shall also comply with the exception reporting requirements in COMAR 26.13.03.06C. Loads and Residues Rejected After Return of Original Manifest. If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for empty under COMAR 26.13.02.07B after the facility has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall: Amend the facility's copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest; Record the manifest tracking number from Item 4 of the new manifest that will accompany the shipment in the discrepancy space of the amended original manifest; Re-sign and date the amended original manifest to certify to the information as amended; Retain the amended original manifest for at least 3 years from the date the manifest was amended; and Send, within 30 days after the facility determines that the waste or residue must be rejected, a copy of the amended original manifest to the transporter and generator that received copies of the unamended, original manifest. Operating Record. The owner or operator shall keep a written operating record at his facility. The owner or operator shall record the following information as it becomes available, and maintain it in the operating record until closure of the facility: A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage, or disposal at the facility as required by Regulation .20 of this chapter; Information on the inventory of hazardous waste at the facility, including: The location of each hazardous waste within the facility; The quantity of hazardous waste at each location; For the information required by §D(2)(b)(i) and (ii) of this regulation, cross-references to the specific manifest document numbers, if the waste was accompanied by a manifest; and For disposal facilities, a map or diagram of each cell or disposal area on which has been recorded the location and quantity of each hazardous waste; Records and results of waste analyses and determinations performed as specified in: Regulations .02D and H, .14N, and .16D of this chapter; and 40 CFR §268.4(a) and 40 CFR §268.7; Summary reports and details of all incidents that require implementing the contingency plan as specified in Regulation .04G(10) of this chapter; Records and results of inspections as required by Regulation .02F(4) of this chapter, except that these data need be kept only 3 years; For off-site facilities, notices to generators as specified in Regulation .02C(3) of this chapter; All closure cost estimates under Regulation .08 of this chapter and for disposal facilities all post-closure cost estimates under Regulation .08 of this chapter; Monitoring, testing, or analytical data, and corrective action when required by Regulations .06—.06-7, .10D, .10-2, .10-4, .11D-2, .11D-3, .11F, .12D-1, .12D-2, .12E, .13G, .13I, .13K, .14C, .14E, .14F, .14I, .16I, and .16-1C of this chapter; A certification by the owner or operator at least annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment; Records of: The quantities and date of placement for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted under 40 CFR §268.5, a petition under 40 CFR §268.6, or a certification under 40 CFR §268.8; Monitoring data required in support of a petition under 40 CFR §268.6 that is required to be maintained by 40 CFR §268.6(b)(5); and The applicable notice required by a generator under 40 CFR §268.7(a); For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR §268.7 or 40 CFR §268.8; For an on-site treatment facility, the information contained in the notice, except for the manifest number, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR §268.7 or 40 CFR §268.8; For an off-site land disposal facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator of a treatment facility under 40 CFR §268.7 or 40 CFR §268.8, whichever is applicable; For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under 40 CFR §268.7, except for the manifest number, and the certification and demonstration, if applicable, required under 40 CFR §268.8, whichever is applicable; owner or operator under 40 CFR §268.7 or 40 CFR §268.8; and For an on-site storage facility, the information contained in the notice, except the manifest number, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR §268.7 or 40 CFR §268.8. Availability, Retention, and Disposition of Records. All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection by any officer, employee, or representative of the Department who is duly designated by the Secretary. The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Secretary. A copy of records of waste disposal locations and quantities under §D(2)(b) of this regulation shall be submitted to the Secretary and local land authority upon closure of the facility. Annual or Biennial Reporting. An owner or operator shall: Periodically, submit reports to the Department concerning hazardous waste generated during the preceding calendar year on EPA or State Form 8700-13B, or on an alternate form specified by the Department. Submit the reports required by §F(1) of this regulation with the following frequency: Annually, for reporting periods through December 31, 1995, and Biennially, for reporting periods beginning January 1, 1997; Submit the reports required by §F(1) of this regulation not later than: March 1 of the following year for reporting periods through December 31, 1995; and March 1 of each even numbered year for the preceding calendar year for reporting periods beginning January 1, 1997; and Assure that the reports required by §F(1) of this regulation contain, at a minimum, the following information: The EPA identification number, name, and address of the facility; The calendar year covered by the report; For off-site facilities within the United States, the EPA identification number of each hazardous waste generator from whom the facility received a hazardous waste during the year; For imported shipments, the name and address of the foreign generator; A description and the quantity of each hazardous waste the facility received during the year; For off-site facilities within the United States, a listing of the information required by §F(4)(e) of this regulation under the EPA identification number of each generator from whom the facility received hazardous waste; The method of treatment, storage, or disposal for each hazardous waste; The certification signed by the owner or operator of the facility or the owner's or operator's authorized representative; The most recent closure cost estimate under Regulation .08 of this chapter and, for disposal facilities, the most recent post-closure cost estimate under Regulation .08 of this chapter; For generators who treat, store, or dispose of hazardous waste on site, a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and For generators who treat, store, or dispose of hazardous waste on site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years, except that comparison to years before 1984 is only required to the extent that this information is available. Unmanifested Waste Report. If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in COMAR 26.13.04.02A(5)(b), and if the waste is not excluded from the manifest requirement by COMAR 26.13.02.05 or by this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Secretary within 15 days after receiving the waste. The owner or operator shall ensure that the report required by §G(1) of this regulation is clearly marked with the words “unmanifested waste report”, and includes the following information: The EPA identification number, name, and address of the facility; The date the facility received the waste; The EPA identification number, name, and address of the generator and the transporter, if available; A description and the quantity of each unmanifested hazardous waste the facility received; The method of treatment, storage, or disposal for each hazardous waste; The certification in COMAR 26.13.07.03D signed by the owner or operator of the facility or the owner or operator's authorized representative; and A brief explanation of why the waste was unmanifested, if known. Additional Reports. In addition to submitting the annual report or biennial report, and unmanifested waste reports described in §§F and G of this regulation, the owner or operator shall also report to the Secretary: Releases, fires, and explosions as specified in Regulation .04G(10) of this chapter; Ground water contamination and monitoring data as specified in Regulation .06-1B and C of this chapter; Facility closure as specified in Regulation .07F; and As otherwise required by Regulations .06, .06-7, and .11.14 of this chapter. Applicability. Except as provided in §A(3) of this regulation, Regulations .06—.06-7 of this chapter apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator shall satisfy the requirements identified in §A(2) of this regulation for all wastes or their constituents, contained in solid waste management units at the facility, regardless of the time at which waste was placed in those units. Owners or operators shall ensure that: Solid waste management units comply with the requirements of Regulation .06-7 of this chapter; A surface impoundment, waste pile, and land treatment unit or landfill that receives a hazardous waste after July 26, 1982, referred to after this as a “regulated unit”, complies with the requirements of §B of this regulation and Regulations .06-1—.06-6 of this chapter instead of Regulation .06-7 of this chapter for purposes of detecting, characterizing, and responding to releases to the uppermost aquifer; Regulated units are operated in compliance with the financial responsibility requirements of Regulation .06-7 of this chapter. The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer under this regulation if one of the following apply: The owner or operator is exempted under Regulation .01 of this chapter. The owner or operator operates a unit which the Secretary finds: Is an engineered structure; Does not receive or contain liquid waste or waste containing free liquids; Is designed and operated to exclude liquid, precipitation, and other run-on and run-off; Has both inner and outer layers of containment enclosing the waste; Has a leak detection system built into each containment layer; Will have continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and post-closure care periods; and To a reasonable degree of certainty, does not allow hazardous constituents to migrate beyond the outer containment layer before the end of the post-closure care period. The Secretary finds, under Regulation .13K of this chapter, that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of Regulation .13I of this chapter has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an owner or operator of responsibility to meet the requirements of this regulation during the post-closure care period. The owner or operator demonstrates to the Secretary's satisfaction that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit, including the closure period, and the post-closure care specified under Regulation .07G of this chapter. The owner or operator shall have this demonstration certified by a qualified geologist or geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration. The owner or operator designs and operates a waste pile in compliance with Regulation .12A of this chapter. Requirements for Disposal Units that Received Last Volume of Waste before July 26, 1982. An owner or operator of a hazardous waste landfill, land treatment facility, surface impoundment, or waste pile who received the last volume of hazardous waste before July 26, 1982, shall comply with all applicable requirements of COMAR 26.13.06.06—.15, and .19—.22. The Department may add additional requirements under this regulation if the Secretary determines that these requirements are necessary to protect public health and the environment. This regulation and Regulations .06-1—.06-7 of this chapter may apply to miscellaneous units when necessary to comply with Regulation .16-1B—D of this chapter. This regulation and Regulations .06-1—.06-7 of this chapter apply during the: Active life of the regulated unit, including the closure period; Post-closure care period under Regulation .07G of this chapter if the owner or operator is conducting a detection monitoring program under Regulation .06-4 of this chapter; and Compliance period under Regulation .06-1E of this chapter if the owner or operator is conducting a compliance monitoring program under Regulation .06-5 of this chapter or a corrective action program under Regulation .06-6 of this chapter. This regulation and Regulations .06-1—.06-7 of this chapter do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure. Required Program. Compliance Monitoring, Corrective Action, and Detection Monitoring. Compliance Monitoring. The owner or operator shall institute a compliance monitoring program approved by the Secretary under Regulation .06-5 of this chapter whenever hazardous constituents from a regulated unit are detected at the compliance point. The hazardous constituents to which §B(1)(a)(i) of this regulation applies are determined under Regulation .06-1B of this chapter. The compliance point is set under Regulation .06-1D of this chapter. Hazardous constituents are considered to have been detected if there is statistically significant evidence of contamination as described in Regulation .06-4G of this chapter. Corrective Action. The owner or operator shall institute a corrective action program approved by the Secretary under Regulation .06-6 of this chapter whenever the ground water protection standard under Regulation .06-1A of this chapter is exceeded. The ground water protection standard is considered to have been exceeded if there is statistically significant evidence of contamination as described in Regulation .06-5A(5) of this chapter. The owner or operator shall institute a corrective action program approved by the Secretary under Regulation .06-6 of this chapter whenever hazardous constituents from a regulated unit exceed concentration limits in ground water between the compliance point and the down gradient property boundary. The compliance point is set under Regulation .06-1D of this chapter. Concentration limits are established under Regulation .06-1C of this chapter. The hazardous constituents to which this requirement applies are established under Regulation .06-1B of this chapter. Detection Monitoring. In all cases other than those covered by §B(1)(a) or (b) of this regulation, the owner or operator shall institute a detection monitoring program approved by the Secretary under Regulation .06-4 of this chapter. Monitoring and Response Program. The owner or operator of a facility subject to this regulation shall comply with the specific elements of the monitoring and response program specified by the Secretary in the facility permit. The Secretary may include one or more of the programs identified in §B(1) of this regulation in the facility permit as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Secretary shall consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken. Ground Water Protection Standard. During the compliance period established under §E of this regulation, the owner or operator shall comply with conditions specified in the facility permit to ensure that, in the uppermost aquifer underlying the waste management area beyond the point of compliance, hazardous constituents detected in the ground water from a regulated unit do not exceed the concentration limits established under §C of this regulation. The hazardous constituents to which this applies are determined under §B of this regulation. The point of compliance is set under §D of this regulation. The Secretary shall establish this ground water protection standard in the facility permit when hazardous constituents have been detected in the ground water. Hazardous Constituents. The facility permit shall specify the hazardous constituents to which the ground water protection standard of §A of this regulation applies. For the purposes of this regulation, “hazardous constituents” means constituents identified in COMAR 26.13.02.24 that have been detected in ground water in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the Secretary has excluded them under §B(3) of this regulation. The Secretary may exclude a constituent identified in COMAR 26.13.02.24 from the list of hazardous constituents specified in the facility permit if he finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment based on the following considerations: Potential adverse effects on ground water quality considering: The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration; The hydrogeological characteristics of the facility and surrounding land; The quantity of ground water and the direction of ground water flow; The proximity and withdrawal rates of ground water users; The current and future uses of ground water in the area; The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality; The potential for health risks caused by human exposure to waste constituents; The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; The persistence and permanence of the potential adverse effects; and Potential adverse effects on hydraulically connected surface water quality, considering: The volume and physical and chemical characteristics of the waste in the regulated unit; The hydrogeological characteristics of the facility and surrounding land; The quantity and quality of ground water, and the direction of ground water flow; The patterns of rainfall in the region; The proximity of the regulated unit to surface waters; The current and future uses of surface waters in the area and any water quality standards established for those surface waters; The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; The potential for health risks caused by human exposure to waste constituents; The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and The persistence and permanence of the potential adverse effects. In making any determination under §B(3) of this regulation about the use of ground water in the area around the facility, the Secretary shall consider any identification of underground sources of drinking water and exempted aquifers made by the Approving Authority for the State's Underground Injection Control Program. Concentration Limits. The facility permit shall specify concentration limits in the ground water for hazardous constituents established under §B of this regulation. The concentration of a hazardous constituent: May not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit; For any of the constituents listed in Table 1, may not exceed the respective value given in that table if the background level of the constituent is below the value given in Table 1; or May not exceed an alternate limit established by the Secretary under §C(2) of this regulation. The Secretary may establish an alternate concentration limit for a hazardous constituent if the Secretary finds that the constituent does not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. Establishment of alternate concentration limits is based on consideration of the following factors: Potential adverse effects on ground water quality, considering: The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration; The hydrogeological characteristics of the facility and surrounding land; The quantity of ground water and the direction of ground water flow; The proximity and withdrawal rates of ground water users; The current and future uses of ground water in the areas; The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality; The potential for health risks caused by human exposure to waste constituents; The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; The persistence and permanence of the potential adverse effects; and Potential adverse effects on hydraulically connected surface water quality, considering: The volume and physical and chemical characteristics of the waste in the regulated unit; The hydrogeological characteristics of the facility and surrounding land; The quantity and quality of ground water, and the direction of ground water flow; The patterns of rainfall in the region; The proximity of the regulated unit to surface waters; The current and future uses of surface waters in the area and any water quality standards established for those surface waters; The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; The potential for health risks caused by human exposure to waste constituents; The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and The persistence and permanence of the potential adverse effects. In making any determination under §C(2) of this regulation about the use of ground water in the area around the facility, the Secretary shall consider any identification of underground sources of drinking water and exempted aquifers made by the Approving Authority for the State's Underground Injection Control Program. Table 1 Point of Compliance. The Secretary shall specify in the facility permit the point of compliance at which the ground water protection standard of §A of this regulation applies and at which monitoring shall be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units. Waste Management Area. The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit. The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit. If the facility contains more than one regulated unit, the waste management area is described by an imaginary line circumscribing the several regulated units. Compliance Period. The Secretary shall specify in the facility permit the compliance period during which the ground water protection standard of §A of this regulation applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity before permitting, and the closure period), unless extended by order of the Secretary. The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of Regulation .06-5 of this chapter. If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in §E(1) of this regulation, the compliance period is extended until the owner or operator can demonstrate that the ground water protection standard of §A of this regulation has not been exceeded for a period of 3 consecutive years. For any ground water monitoring program developed to satisfy Regulation .06-4, .06-5, or .06-6 of this chapter, the owner or operator shall: Obtain approval of the Secretary before installation; Ensure that the ground water monitoring system: Consists of a sufficient number of wells, installed at appropriate locations and depths, to yield ground water samples from the uppermost aquifer that represent the quality of background ground water that has not been affected by leakage from a regulated unit; and Satisfies the following conditions if the determination of background water quality includes sampling of wells that are not hydraulically upgradient of the waste management area: Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient; and Sampling at other wells will provide an indication of background ground water quality that is as representative as, or more representative than, that provided by the upgradient wells; Ensure that the ground water monitoring system: Represents the quality of ground water passing the point of compliance; and Allows for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer; Ensure that separate ground water monitoring systems are provided for each regulated unit unless other provisions for sampling the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of hazardous constituents from the regulated units that have entered the ground water in the uppermost aquifer; Ensure that installation of the ground water monitoring system is: Approved by an individual who has: A bachelor's degree in geology or a related field of earth science from an accredited college or university; and At least 3 years experience in the design and installation of these systems; and Conducted in accordance with the requirements of COMAR 26.04.04; Ensure that each monitoring well meets all of the following requirements: The well is cased in a manner that maintains the integrity of the monitoring well bore hole; The casing is screened or perforated and packed with gravel or sand, when necessary, to enable collection of ground water samples; and The annular space, that is, the space between the bore hole and well casing, above the sampling depth, is sealed to prevent contamination of samples and the ground water; Ensure that the ground water monitoring program includes consistent sampling and analysis procedures that are designed to provide a reliable indication of ground water quality below the waste management area by including, at a minimum, procedures and techniques for: Sample collection; Sample preservation and shipment; Analytical procedures; and Chain of custody control; Ensure that the ground water monitoring program includes sampling and analytical methods that are appropriate for ground water sampling and that accurately measure hazardous constituents in ground water samples; Ensure that the ground water monitoring program includes a determination of the ground water surface elevation each time ground water is sampled; Satisfy the following conditions in implementing the detection monitoring program as required by Regulation .06-4 of this chapter or in implementing the compliance monitoring program as required by Regulation .06-5 of this chapter: Collect data on each hazardous constituent specified in the permit to be collected from background wells and wells at the compliance point or points; Ensure that the number and kinds of samples collected by the owner or operator to establish the background are appropriate for the form of statistical test employed, following generally accepted statistical principles; Ensure that the sample size is as large as necessary to assure with reasonable confidence that a contaminant release to ground water from a facility will be detected; and Determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit for specification in the permit upon approval by the Secretary; Ensure that the sampling procedure required by §J of this regulation consists of either: A sequence of at least four samples taken by the owner or operator at an interval that assures, to the greatest extent technically feasible, that an independent sample is obtained, considering the: Uppermost aquifer's effective porosity; Hydraulic conductivity of the uppermost aquifer; Hydraulic gradient in the uppermost aquifer; and Fate and transport characteristics of the potential contaminants; or An alternate sampling procedure proposed by the owner or operator and approved by the Secretary. Maintain, as part of the facility operating record, ground water monitoring data collected in accordance with §§J and K of this regulation, including actual levels of constituents; Submit ground water monitoring data collected in accordance with Regulation .06B of this chapter to the Secretary for the Secretary's review on a schedule as specified in the facility CHS permit. General. The owner or operator shall specify, subject to §B of this regulation, a statistical method to be used in evaluating ground water monitoring data for each hazardous constituent identified in accordance with Regulation .06-1B of this chapter. Once a choice of statistical method is approved by the Secretary, the owner or operator shall use the statistical method as a condition of the owner's or operator's CHS facility permit. The owner or operator shall conduct the chosen statistical test separately for each hazardous constituent identified in accordance with Regulation .06-1B of this chapter in each well. If a practical quantification limit (pql) is to be used in a statistical method specified under this section to comply with the performance standards of §C(9) of this regulation, the owner or operator shall propose the pql to the Secretary for approval. The owner or operator shall ensure that a statistical method specified under this section: Is protective of human health and the environment; and Complies with the performance standards outlined in §C of this regulation. Statistical Methods. In satisfying the requirement of §A(1) of this regulation, the owner or operator shall specify one of the following statistical methods: A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination, if the method includes estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent; An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination, if the method includes estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent; A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit; A control chart approach that gives control limits for each constituent; or Another statistical test method submitted by the owner or operator and approved by the Secretary. Performance Standards. The owner or operator shall comply with the following requirements for any statistical method chosen under §§A and B of this regulation for specification in the facility permit. The owner or operator shall ensure that the statistical method used to evaluate ground water monitoring data is appropriate for the distribution of the chemical parameters or hazardous constituents. If the distribution of a chemical parameter or hazardous constituent for which data are collected under the ground water monitoring program is inappropriate for a normal theory test, then the owner or operator shall transform the data into an appropriate form or use a distribution-free theory test. If the statistical distributions for the constituents for which data are collected differ, the owner or operator may use more than one statistical method. In tests other than those using tolerance intervals, prediction intervals, or control charts, in comparing an individual compliance well constituent concentration with background constituent concentrations or a ground water protection standard, the owner or operator shall ensure that: If an individual well comparison is used, the Type I error level is not less than 0.01 for each testing period; and If a multiple comparisons procedure is used, the Type I overall experimental error rate for each testing period is not less than 0.05, and the Type I error of not less than 0.01 for individual well comparisons is maintained. If a control chart approach is used to evaluate ground water monitoring data, the owner or operator shall propose the specific type of control chart and its associated parameter values for approval by the Secretary, contingent upon the approach being protective of human health and the environment. Tolerance Intervals. If a tolerance interval or a prediction interval is used by the owner or operator to evaluate ground water monitoring data, the owner or operator shall propose the following for approval by the Secretary, contingent on values for these parameters being protective of human health and the environment: Levels of confidence; and For tolerance intervals, the percentage of the population that the interval is to contain. The Secretary shall consider the following in reviewing the parameters proposed under §C(7)(a) of this regulation: The number of samples in the background data base; The data distribution for each constituent of concern; and The range of the concentration values for each constituent of concern. The owner or operator shall ensure that the statistical method accounts for data below the limit of detection with one or more statistical procedures. In proposing a practical quantification limit (pql) for use in a statistical procedure to account for data below the limit of detection, the owner or operator shall select the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility. The owner or operator shall ensure that the statistical method includes procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data, as required. An owner or operator required to establish a detection monitoring program under this regulation shall, at a minimum, discharge the following responsibilities: The owner or operator shall monitor for waste constituents, reaction products, or indicator parameters, such as specific conductance, total organic carbon, or total organic halogen, that provide a reliable indication of the presence of hazardous constituents in ground water, as specified by the Secretary in the facility permit after considering the following factors: The types, quantities, and concentrations of constituents in wastes managed at the regulated unit; The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area; The detectability of indicator parameters, waste constituents, and reaction products in ground water; and The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground water background; The owner or operator shall install a ground water monitoring system at the compliance point, as specified under Regulation .06-1D of this chapter, that is in compliance with Regulation .06-2C(1), D, and F of this chapter; The owner or operator shall ensure that a detection monitoring program satisfies the following requirements: The program includes each chemical parameter and hazardous constituent specified in the permit under §A of this regulation in accordance with Regulation .06-2J and K of this chapter; and The owner or operator maintains a record of ground water analytical data as measured and in a form necessary for the determination of statistical significance under Regulation .06-3A and B of this chapter; The owner or operator shall, at frequencies specified by the Secretary, collect samples and conduct statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit under §A of this regulation in accordance with Regulations .06-2J and K, and .06-3A of this chapter; In complying with the requirements of §D of this regulation, during detection monitoring, the owner or operator shall, at a minimum, collect at least semiannually a sequence of at least four samples from each background and compliance well; The owner or operator shall determine the ground water flow rate and direction in the uppermost aquifer at least annually; The owner or operator shall determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the facility CHS permit under §A of this regulation by: Making the determination at a frequency specified under §D of this regulation; Using the method or methods specified in the permit under Regulation .06-3A of this chapter to compare data collected at the compliance point or points to the background ground water quality data; and Determining whether there is statistically significant evidence of contamination at each monitoring well at the compliance point within a reasonable period of time after completion of sampling, as specified by the Secretary in the permit based on: The complexity of the statistical test; and The availability of laboratory facilities to perform the analysis of ground water samples; The owner or operator shall comply with the following requirements if the owner or operator determines, in accordance with §G of this regulation, that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified under §A of this regulation at any monitoring well at the compliance point: Notify the Secretary of this finding in writing within 7 days, indicating what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination; Immediately sample the ground water in all monitoring wells and determine the concentration of all constituents identified in 40 CFR 264, Appendix IX, that are present in ground water; Except as provided in §H(6) of this regulation, determine the constituents that will form the basis for compliance monitoring by either: Resampling ground water within 1 month of the time that constituents identified in 40 CFR 264, Appendix IX, are detected under §H(2) of this regulation, repeating the analysis to determine constituent concentrations, and if the results of the second analysis confirm the presence of compounds detected in the first analysis, using those constituents as the basis for compliance monitoring; or Using the hazardous constituents found during the initial analysis conducted under §H(2) of this regulation as the basis for compliance monitoring; Within 90 days, submit to the Secretary an application for a permit modification to establish a compliance monitoring program meeting the requirements of Regulation .06-5 of this chapter, including in the application the following information: For each monitoring well at the compliance point, the concentration of any constituent listed in 40 CFR 264, Appendix IX, that was found in the ground water; Any proposed changes to the ground water monitoring system at the facility necessary to meet the requirements of Regulation .06-5 of this chapter; Any proposed changes to the monitoring frequency, sampling, and analysis procedures or methods, or statistical procedures used at the facility necessary to meet the requirements of Regulation .06-5 of this chapter; For each hazardous constituent found at the compliance point, a proposed concentration limit under Regulation .06-1C(1)(a) or (b) of this chapter, or a notice of intent to seek an alternative concentration limit under Regulation .06-1C(2) of this chapter; Within 180 days, submit to the Secretary: All data necessary to justify an alternate concentration limit sought under Regulation .06-1C(2) of this chapter; and An engineering feasibility plan for a corrective action program necessary to meet the requirements of Regulation .06-6 of this chapter, unless: All hazardous constituents identified under §H(2) of this regulation are listed in Table 1 of Regulation .06-1C(3) of this chapter and their concentrations do not exceed the respective values given in that table, or The owner or operator has sought an alternate concentration limit under Regulation .06-1C(2) of this chapter for each hazardous constituent identified under §H(2) of this regulation; If the resampling conducted under §H(3)(a) of this regulation does not confirm the initial results, then the owner or operator may remain in detection monitoring, and need not make the submissions required by §H(4) and (5) of this regulation; If the owner or operator determines under §G of this regulation that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified under §A of this regulation at any monitoring well at the compliance point, the owner or operator may attempt to demonstrate that: A source other than a regulated unit caused the contamination; or The finding of statistically significant evidence of contamination resulted from error in sampling, analysis, or statistical evaluation, or from natural variation in ground water; The owner or operator shall submit an application for a permit modification within the time specified in §H(4) of this regulation unless a demonstration made under §I of this regulation successfully shows that: A source other than a regulated unit caused the contamination; or The finding of statistically significant evidence of contamination resulted from error in sampling, analysis, or statistical evaluation, or from natural variation in ground water; In making a demonstration under §I of this regulation, the owner or operator shall: Notify the Secretary in writing, within 7 days of determining that there is statistically significant evidence of contamination at the compliance point, of the intention to make a demonstration under §I of this regulation; Within 90 days, submit a report to the Secretary which demonstrates that a source other than a regulated unit caused the contamination, or that the finding of statistically significant evidence of contamination resulted from error in sampling, analysis, or evaluation, or from natural variation in the ground water; Within 90 days, submit to the Secretary an application for a permit modification to make any appropriate changes to the detection monitoring program at the facility; and Continue to monitor in accordance with the detection monitoring program established under this regulation; If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this regulation, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program. Compliance Monitoring Program. An owner or operator required to establish a compliance monitoring program under this regulation shall, at a minimum, discharge the following responsibilities: Monitor the ground water to determine whether regulated units are in compliance with the ground water protection standard under Regulation .06-1A of this chapter; Comply with the ground water protection standard specified by the Secretary in the facility permit, including the: List of the hazardous constituents identified in accordance with Regulation .06-1B of this chapter; Concentration limits specified in accordance with Regulation .06-1C of this chapter for each of the hazardous constituents in §A(2)(a) of this regulation; Compliance point specified in accordance with Regulation .06-1D of this chapter; and Compliance period specified in accordance with Regulation .06-1E of this chapter; Install a ground water monitoring system at the compliance point as specified under Regulation .06-1D of this chapter that complies with the requirements of Regulation .06-2B—D and F of this chapter; Use sampling procedures and statistical methods appropriate for the constituents and the facility, in accordance with Regulations .06-2J and K and .06-3A and B of this chapter, as follows: Implement a sampling program as specified by the Secretary in the facility CHS permit; Conduct a sampling program for each chemical parameter or hazardous constituent in accordance with Regulation .06-2J and K of this chapter; and Record ground water analytical data as measured and in a form necessary for the determination of statistical significance under Regulation .06-3A and B of this chapter for the compliance period of the facility; Make a determination as to whether there is evidence of increased contamination in accordance with the following: Determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the CHS facility permit under §A(1) and (2) of this regulation at a frequency specified under §A(7) and (8) of this regulation; Use the methods specified in the CHS facility permit under Regulation .06-3A and B of this chapter to make the determination under §A(5)(a) of this regulation; Ensure that the methods under §A(5)(b) of this regulation compare data collected at the compliance point or points to a concentration limit developed under Regulation .06-1C of this chapter; Make the determination of whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after the completion of sampling, as specified by the Secretary in the facility's CHS permit after consideration of the following: The complexity of the statistical test; and The availability of the laboratory facilities to perform the analysis of ground water samples; Determine the ground water flow rate and direction in the uppermost aquifer at least annually; Ensure that the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with Regulation .06-2J and K of this chapter are in accordance with the requirements specified by the Secretary in the facility's CHS permit; Collect a sequence of at least four samples from each well, including background and compliance wells, at least semiannually during the compliance period of the facility; Analyze samples from all monitoring wells at the compliance point for all constituents listed in 40 CFR 264, Appendix IX, at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, in accordance with procedures under Regulation .06-4G of this chapter; If constituents listed in 40 CFR 264, Appendix IX, are found in the ground water under §A(9) of this regulation, and some of these constituents have not already been identified in the facility's CHS permit as monitoring constituents, the owner or operator shall either: Report the concentrations of the newly identified constituents to the Secretary within 7 days after the initial analysis and add them to the facility's monitoring list; or Resample within 1 month and repeat the analysis for constituents listed in 40 CFR 264, Appendix IX, and comply with the following requirements: Report the results of the analysis to the Secretary within 7 days of the completion of the second analysis; and If the results of the resampling confirm the initial testing results, add the constituents to the list of constituents monitored under the facility's permit; Comply with the following requirements if the owner or operator determines, under §A(5) of this regulation, that any concentration limit under Regulation .06-1C of this chapter is being exceeded at any monitoring well at the point of compliance: Notify the Secretary of this finding in writing within 7 days, indicating in the notification the concentration limits that have been exceeded; Submit to the Secretary an application for a permit modification to establish a corrective action program meeting the requirements of Regulation .06-6 of this chapter within 180 days, or within 90 days if an engineering feasibility study has been previously submitted to the Secretary under Regulation .06-4H(5) of this chapter, unless the facility permit already includes that corrective action program; Include at a minimum, in the application submitted in accordance with §A(11)(b) of this regulation, the following information: A detailed description of corrective actions that will achieve compliance with the ground water protection standard specified in the permit under §A(1) and (2) of this regulation; and A plan for a ground water monitoring program that will demonstrate the effectiveness of the corrective action, and that may be based on a compliance monitoring program developed to meet the requirements of this regulation. Demonstration of Alternate Cause of Exceedence. If the owner or operator determines, in accordance with §A(5) of this regulation, that any ground water concentration limits under this regulation are being exceeded at any monitoring well at the point of compliance, the owner or operator may attempt to demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact from either an error in sampling, analysis, or statistical evaluation, or from natural variation in the ground water. In making a demonstration under this section, the owner or operator shall: Notify the Secretary in writing, within 7 days of determining that a ground water concentration limit has been exceeded, of the intention to make a demonstration under this section; Within 90 days, submit a report to the Secretary which demonstrates that a source other than a regulated unit caused the standards to be exceeded or that the apparent noncompliance with the standards resulted from an error in sampling, analysis, or evaluation, or from natural variation in the ground water; Within 90 days, submit to the Secretary an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and Continue to monitor in accordance with the compliance monitoring program established under this regulation. If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this regulation, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program. Corrective Action Program Content. An owner or operator required to establish a corrective action program under this regulation shall, at a minimum, discharge the following responsibilities: Take corrective action measures to ensure that regulated units are in compliance with the ground water protection standards under Regulation .06-1A of this chapter specified by the Secretary in the facility permit, including: A list of the hazardous constituents identified under Regulation .06-1B of this chapter; The concentration limits under Regulation .06-1C of this chapter for each of those hazardous constituents in §A(1)(a) of this regulation; The compliance point under Regulation .06-1D of this chapter; and The compliance period under Regulation .06-1E of this chapter; Implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place, in accordance with the measures specified in the facility permit; Begin corrective action within a reasonable time period after the ground water protection standard is exceeded, as specified by the Secretary in the facility permit; In conjunction with the corrective action program, establish and implement a ground water monitoring program to demonstrate the effectiveness of the corrective action program; Ensure that the ground water monitoring program, under §A(4) of this regulation, which may be based on the requirements for a compliance monitoring program under Regulation .06-5 of this chapter, is as effective as the compliance monitoring program in determining: Compliance with the ground water protection standard under Regulation .06-1A of this chapter; and The success of a corrective action program under §A(6) of this regulation, when appropriate; Comply with the following requirements for the corrective action program: In addition to the other requirements of this chapter, conduct a corrective action program to remove or treat in place any hazardous constituents under Regulation .06-1B of this chapter that exceed concentration limits under Regulation .06-1C of this chapter in ground water: Between the compliance point under Regulation .06-1D of this chapter and the downgradient facility property boundary, and Beyond the facility boundary when necessary to protect human health and the environment, except as provided in §A(6)(b) of this regulation; Instead of the requirements of §A(6)(a)(ii) of this regulation to conduct a corrective action program beyond the facility boundary, implement on-site measures as determined by the Secretary on a case-by-case basis to address any release that has migrated beyond the facility boundary, if the owner or operator is able to demonstrate to the Secretary's satisfaction that, despite best efforts, the owner or operator was unable to obtain the necessary permission to undertake a corrective action program beyond the facility boundary; Initiate and complete corrective action measures under this regulation within a reasonable period of time, considering the extent of contamination; Continue implementing corrective action measures under this regulation at least until the concentrations of hazardous constituents under Regulation .06-1B of this chapter are reduced to levels below their respective concentration limits under Regulation .06-1C of this chapter. Program Duration, Reporting Requirements, and Modification. An owner or operator required to conduct a corrective action program under the requirements of this regulation shall: Comply with the following requirements concerning the duration of corrective action measures: Continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded, If the owner or operator is conducting corrective action at the end of the compliance period, continue the corrective action for as long as necessary to achieve compliance with the ground water protection standard, Continue corrective action measures taken beyond the period equal to the active life of the waste management area, including the closure period, at least until the owner or operator can demonstrate, based on data from the ground water monitoring program under §A(4) and (5) of this regulation, that the ground water protection standard of Regulation .06-1A of this chapter has not been exceeded for a period of 3 consecutive years; Report in writing to the Secretary on the effectiveness of the corrective action program through reports submitted semiannually; Within 90 days of determining that the corrective action program no longer satisfies the requirements of this regulation, submit an application for a permit modification to make any appropriate changes to the program. The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment from all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit. Corrective action shall be specified in the permit. If the corrective action cannot be completed before issuance of the permit, the permit shall contain schedules of compliance for the corrective action and assurances of financial responsibility for completing the corrective action. Except as provided in §D of this regulation, in complying with the requirements of §A of this regulation, the owner or operator shall implement corrective actions beyond the facility property boundary when necessary to protect human health and the environment. The owner or operator is not subject to the requirement of §C of this regulation to implement corrective actions beyond the facility property boundary if the owner or operator is able to demonstrate to the Secretary's satisfaction that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the corrective actions. Instead, the owner or operator shall implement on-site measures as determined by the Secretary on a case-by-case basis to address any release that has migrated beyond the facility boundary, and provide assurances of financial responsibility for the corrective action. Applicability. Except as Regulation .01 of this chapter otherwise provides: Sections B—F(1) of this regulation, which concern closure, apply to the owners and operators of all hazardous waste facilities; and Sections F(2)—J of this regulation, which concern post-closure care, apply to the owners and operators of: All hazardous waste disposal facilities; Waste piles and surface impoundments from which the owner or operator intends to remove the waste at closure, to the extent that §§G—J of this regulation are made applicable to the facilities in Regulation .11G or .12I of this chapter; Tank systems that are required under Regulation .10-7 of this chapter to meet the requirements for landfills; Containment buildings that are required under Regulation .18-3C of this chapter to meet the requirements for landfills; and Hazardous waste munitions and explosives storage units that are required under Regulation .21C(3) of this chapter to meet the requirements for landfills. Closure Performance Standard. The owner or operator of a facility shall close the facility in a manner that: Minimizes the need for further maintenance; Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or waste decomposition products to the ground water, or surface waters, or to the atmosphere; and Complies with the closure requirements: Of this regulation; and Referenced in this regulation and this chapter, including, but not limited to, closure requirements of Regulations .09I, .10-7, .11G, .12I, .13K, .14J, .16L, .16-1B—D, .18-3, and .21C of this chapter. Closure Plan; Amendment of Plan. Written Plan. The owner or operator of a hazardous waste management facility shall: Have a written closure plan; Have contingent closure plans for certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure as required by Regulations .11G(3)(a) and .12I(3)(a) of this chapter; Submit the required closure plan with the permit application; Obtain the approval of the Secretary as part of the permit issuance procedures under COMAR 26.13.07; and Comply with the provisions of the approved closure plan, which will become a condition of any CHS facility permit. The Secretary's approval of the plan shall ensure that the approved closure plan is consistent with §§B —F(1) of this regulation and the applicable requirements of Regulations .06—.06-7, .09I, .10-7, .11G, .12I, .13K, .14J, .16L, .16-1B, .18-3, and .21C of this chapter. Until final closure is certified in accordance with §F of this regulation, the owner or operator shall, upon request by the Secretary, including requests by mail, furnish the Secretary with a copy of the approved plan and all approved revisions. Content of the Plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life. The closure plan shall include, at least: A description of how each hazardous waste management unit at the facility will be closed in accordance with §B, of this regulation. A description of how final closure of the facility will be conducted in accordance with §B of this regulation. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility. An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type or types of the off-site hazardous waste management units to be used, if applicable. A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard. A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including but not limited to ground water monitoring, leachate collection, and run-on and run-off control. A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.) For facilities that use trust funds to establish financial assurance under Regulation .08 and that are expected to close before the expiration of the permit, an estimate of the expected year of final closure. Amendment of the Plan. The owner or operator shall submit a written request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the procedures in COMAR 26.13.07. The written request shall include a copy of the amended closure plan for approval by the Secretary. The owner or operator may submit a written request to the Secretary for a permit modification to amend the closure plan at any time before the notification of partial or final closure of the facility. The owner or operator shall submit a written request for a permit modification to authorize a change in the approved closure plan whenever: Changes in operating plans or facility design affect the closure plan; There is a change in the expected year of closure, if applicable; or In conducting partial or final closure activities, unexpected events require a modification of the approved closure plan. The owner or operator shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days before the proposed change in facility design or operation, or not later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification not later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under Regulation .11G(3)(a) or .12I(3)(a), of this chapter, shall submit an amended closure plan to the Secretary not later than 60 days from the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of Regulation .14J, of this chapter, or not later than 30 days from that date if the determination is made during partial or final closure. The Secretary will approve, disapprove, or modify this amended plan in accordance with the procedures in COMAR 26.13.07. The approved closure plan will become a condition of any CHS facility permit issued. The Secretary may request modifications to the plan under the conditions described in §C(3)(b) of this regulation. The owner or operator shall submit the modified plan within 60 days of the Secretary's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Secretary will be approved in accordance with the procedures in COMAR 26.13.07. Notification of Partial Closure and Final Closure. The owner or operator of a facility shall notify the Secretary in writing at least: 60 days before the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment unit or landfill unit, or final closure of a facility with such a unit; and 45 days before the date on which the owner or operator expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. For the purpose of §C(4)(a) of this regulation, the date when the owner or operator expects to begin closure shall be: Within 30 days after the date on which any hazardous waste management unit or facility received the known final volume of hazardous waste; Not later than 1 year after the date on which the unit received the most recent volume of hazardous waste, if there is a reasonable possibility that the hazardous waste management unit or facility will receive additional hazardous waste; or A later deadline established by the Secretary under §C(4)(c) of this regulation. The Secretary may approve an extension to the 1-year limit in §C(4)(b)(ii) of this regulation if the owner or operator can demonstrate to the Secretary that: The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes; and The owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements. If the owner or operator has been allowed to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous waste as provided by §D(6) of this regulation, the date when the owner or operator expects to begin closure for the purpose of §C(4)(a) of this regulation shall be not later than: 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes; 1 year after the date on which the unit received the most recent volume of non-hazardous waste, if there is a reasonable possibility that the unit will receive additional non-hazardous wastes; or A later deadline established by the Secretary under §C(4)(e) of this regulation. The Secretary may approve an extension to the 1-year limit in §C(4)(d)(ii) of this regulation if the owner or operator can demonstrate to the Secretary that: The hazardous waste management unit has the capacity to receive additional non-hazardous waste; and The owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements. If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, to cease receiving hazardous wastes or to close, then the requirements of §C(4)(a)—(e) of this regulation do not apply. Instead, the owner or operator shall close the facility in accordance with the deadlines established in §D of this regulation. Removal of Wastes and Decontamination or Dismantling of Equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure. Closure; Time Allowed for Closure. Except as provided in §D(2) of this regulation, within 90 days after receiving the final volume of hazardous wastes at a hazardous waste management unit or facility, or the final volume of non-hazardous wastes if the owner or operator complies with all the requirements in §D(6)—(8) of this regulation, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Secretary may approve a longer period than that specified in §D(1) of this regulation if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, and either: The activities required to comply with §D(1) of this regulation either will, of necessity, take longer than 90 days to complete; or The following conditions are met: The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with the requirements of §D(6)—(8) of this regulation, There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within 1 year, and Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site. Except as provided in §D(4) of this regulation, the owner or operator shall, within 180 days after receiving the final volume of hazardous wastes at the hazardous waste management unit or facility, or the final volume of non-hazardous wastes if the owner or operator complies with the requirements of §D(6)—(8) of this regulation, complete partial and final closure activities in accordance with the approved closure plan. The Secretary may approve an extension to the closure period specified in §D(3) of this regulation if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements, and either: The partial or final closure activities will, of necessity, take longer than 180 days to complete; or The following conditions are met: Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes or has the capacity to receive non-hazardous wastes if the owner or operator complies with the requirements of §D(6)—(8) of this regulation; and There is reasonable likelihood that the owner or operator will recommence operation of the hazardous waste management unit or facility within 1 year. The demonstrations referred to in §D(2) and (4) of this regulation shall be made as follows: The demonstration in §D(2) of this regulation shall be made at least 30 days before the expiration of the 90-day period in §D(1) of this regulation; and The demonstration in §D(4) of this regulation shall be made at least 30 days before the expiration of the 180-day period in §D(3) of this regulation. The Secretary may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment unit, or surface impoundment unit after the final receipt of hazardous wastes at the unit if the owner or operator: Submits a request for a CHS permit modification in accordance with the requirements of COMAR 26.13.07; and Demonstrates in the request for permit modification required by §D(6)(a) of this regulation that: The unit has the existing design capacity, as indicated on the part A permit application, to receive non-hazardous wastes; There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within 1 year after the final receipt of hazardous wastes; The non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the design and operating requirements of the unit or facility; Closure of the hazardous waste management unit would be incompatible with the continued operation of the unit or facility; and The owner or operator is operating and will continue to operate in compliance with all applicable permit requirements; Includes, in the request to modify the permit: An amended waste analysis plan; A ground water monitoring and response program; The human exposure assessment required under RCRA §3019; and Closure and post-closure plans; Includes, in the request to modify the permit, updated cost estimates and demonstrations of financial assurance for closure and post-closure as necessary and appropriate to reflect any: Changes due to the presence of hazardous constituents in the non-hazardous waste; and Changes in closure activities, including the expected year of closure if applicable under §C(2)(g) of this regulation, as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; Includes, in the request to modify the permit, all revisions to affected conditions of the permit as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; Submits the request to modify the permit and the demonstrations referred to in §D(6)(a)—(d) of this regulation to the Secretary within the later of the following two time periods: Not later than 120 days before the date on which the owner or operator of the facility received the known final volume of hazardous wastes, or Not later than 90 days after October 16, 2000; Complies with the requirements of §D(7) and (8) of this regulation if the owner or operator is seeking to receive additional wastes in a surface impoundment that is not in compliance with the liner and leachate collection system requirements of: §3004(o)(1) of RCRA, except as otherwise provided in §3004(o)(2) and (3) of RCRA; and §3005(j)(1) of RCRA, except as otherwise provided in §3005(j)(2), (3) (4) or (13) of RCRA; and Complies with applicable requirements to obtain permits under: COMAR 26.04.07; and COMAR 26.11.19.20. In addition to the requirements of §D(6) of this regulation, the owner or operator of a hazardous waste surface impoundment identified in §D(6)(g) of this regulation shall: Submit, with the request for permit modification required by §D(6)(a) of this regulation: A contingent corrective measures plan, unless the owner or operator has already submitted a corrective action plan under Regulation .06-5 of this chapter; and A plan for removing hazardous wastes in compliance with §D(7)(b) of this regulation; Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner or liners, if any; Complete the removal of hazardous wastes from the unit not later than: 90 days after the final receipt of hazardous wastes; or A later deadline approved by the Secretary if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than 90 days to complete, and that an extension beyond the 90-day deadline will not pose a threat to human health and the environment; Comply with the following requirements if there is a release detected in accordance with the requirements of Regulations .06—.06-7 of this chapter that is a statistically significant increase over background values for detection monitoring parameters or constituents specified in the permit, that is a statistically significant decrease with respect to background values in the case of pH if pH is specified in the permit, or that exceeds the facility's ground water protection standard at the point of compliance, if applicable: Implement corrective measures in accordance with the approved contingent corrective measures plan required by §D(7)(a)(i) of this regulation not later than 1 year after detection of the release, or approval of the contingent corrective measures plan, whichever is later; Discontinue receipt of wastes at the unit following detection of the release unless the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; Implement corrective measures in less than 1 year if required by the Secretary on the basis that doing so is necessary to protect human health and the environment; and Cease the receipt of wastes if required by the Secretary on the basis that doing so is necessary to protect human health and the environment; Provide semiannual reports to the Secretary during the period of corrective action that: Describe the progress of the corrective action program; Compile all ground water monitoring data; and Evaluate the effect of the continued receipt of non-hazardous waste on the effectiveness of the corrective action; and Commence closure of the unit if required to do so by the Secretary, based on the owner or operator failing to: Implement corrective action measures in accordance with the approved contingent corrective measures plan required by §D(7)(a)(i) of this regulation within 1 year, as required by §D(7)(d)(i) of this regulation; or Make substantial progress in implementing corrective action and achieving the facility's ground water protection standard, or background levels if the facility has not yet established a ground water protection standard. The following requirements apply if the owner or operator fails to implement corrective measures as required by §D(7)(d) of this regulation, or if the Secretary determines, under §D(7)(f)(ii) of this regulation, that the owner or operator has not made substantial progress in implementing corrective action and achieving the goals of the corrective action program: The Secretary shall notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in §D(1)—(4) of this regulation, and provide a detailed statement of the reasons for this determination; The Secretary shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision described in §D(8)(a) of this regulation not later than 20 days after the date of the notice; If the Secretary receives no written comments in response to the notice described in §D(8)(b) of this regulation: The decision described in §D(8)(a) of this regulation becomes final 5 days after the close of the public comment period under §D(8)(b) of this regulation; The Secretary shall notify the owner or operator that the decision described in §D(8)(a) of this regulation is final; The Secretary shall notify the owner or operator that the owner or operator shall submit a revised closure plan, if necessary, within 15 days of the final notice; and The Secretary shall notify the owner or operator that the owner or operator shall begin closure in accordance with the deadlines in §D(1)—(4) of this regulation; If the Secretary receives written comments in response to the notice described in §D(8)(b) of this regulation, the Secretary shall: Make a final decision within 30 days after the end of the comment period; and Provide a detailed statement of the reasons for the final decision to the owner or operator in writing, and to the public through a newspaper notice; If the Secretary's decision under §D(8)(d)(i) of this regulation is that the owner or operator has not made substantial progress under §D(7)(f)(ii) of this regulation in implementing corrective action and achieving the goals of the corrective action program, the owner or operator shall initiate closure in accordance with the deadlines in §D(1)—(4) of this regulation; and The final determinations made by the Secretary under §D(8)(c) and (d) of this regulation are not subject to administrative appeal. For the purposes of determining deadlines under this section, the date of receiving the final volume of hazardous waste at a hazardous waste management unit or facility includes the date: The facility's permit is terminated; and The facility is ordered to cease receiving hazardous waste or to close, as described in §C(4)(f) of this regulation. Disposal or Decontamination of Equipment, Structures, and Soils. During the partial and final closure periods, all contaminated equipment, structures, and soils shall be properly disposed of or decontaminated unless otherwise specified in Regulations .10-7C, .11G, .12I, .13K, .14J, or .16-1B and D of this chapter. By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that waste in accordance with all applicable requirements of COMAR 26.13.03. Certification of Closure. Within 60 days of completion of closure of each hazardous surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of the completion of final closure, the owner or operator shall submit to the Secretary, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification shall be furnished to the Secretary upon request until the Secretary releases the owner or operator from the financial assurance requirements for closure under Regulation .08 of this chapter. Survey Plat. Not later than at the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat shall be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable requirements of Regulations .07 and .11—.14 of this chapter. Post-Closure Care and Use of Property. Post-closure care for each hazardous waste management unit subject to the requirements of §§G—J shall begin after completion of closure of the unit and continue for 30 years after that date and shall consist of at least the following: Monitoring and reporting in accordance with the requirements of Regulations .06—.06-7, .11—.14, and .16-1 of this chapter; and Maintenance and monitoring of waste containment systems in accordance with the requirements of Regulations .06—.06-7, .11—.14, and .16-1 of this chapter. At any time preceding partial closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or at any time during the post-closure period for a particular unit, the Secretary may, in accordance with the permit modification procedures in COMAR 26.13.07: Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment, such as when leachate or ground water monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure; or Extend the post-closure care period applicable to the hazardous waste management unit or facility if he finds that the extended period is necessary to protect human health and the environment, such as when leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment. The Secretary may require, at partial and final closure, continuation of any of the security requirements of Regulation .02E during part or all of the post-closure period when: Hazardous wastes may remain exposed after completion of partial or final closure; or Access by the public or domestic livestock may pose a hazard to human health. Post-closure use of property on or in which hazardous wastes remain after partial or final closure may not disturb the integrity of the final cover, liner or liners, or any other components of the containment system, or the function of the facility's monitoring systems, unless the Secretary finds that the disturbance: Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or Is necessary to reduce a threat to human health or the environment. All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in §H of this regulation. Post-Closure Plan; Amendment of Plan. Written Plan. The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by Regulations .11G(3)(b) and .12I(3)(b) of this chapter to have contingency post-closure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under Regulations .11G(3)(b) and .12I(3)(b) of this chapter shall submit a post-closure plan to the Secretary within 90 days from the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of §§G—J of this regulation. The plan shall be submitted with the permit application in accordance with COMAR 26.13.07.02D(29) and approved by the Secretary as part of the permit issuance procedures under COMAR 26.13.07.20—.20-6. In accordance with COMAR 26.13.07.05, the approved post-closure plan will become a condition of any permit issued. For each hazardous waste management unit subject to the requirements of this section, the post-closure plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least: A description of the planned monitoring activities and frequencies at which they will be performed to comply with Regulations .06—.06-7, ,11—.14, and .16-1 of this chapter during the post-closure care period; A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure: The integrity of the cap and final cover or other containment systems in accordance with the requirements of Regulations .06—.06-7, .11—.14, and .16-1 of this chapter; and The function of the monitoring equipment in accordance with the requirements of Regulations .06—.06-7, .11—.14, and .16-1 of this chapter; and The name, address, and telephone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period. Until final closure of the facility, a copy of the approved post-closure plan shall be furnished to the Secretary upon request, including request by mail. After final closure has been certified, the person or office specified in §H(2)(c) shall keep the approved post-closure plan during the remainder of the post-closure period. Amendment of Plan. The owner or operator shall request a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of COMAR 26.13.07. The written request shall include a copy of the amended post-closure plan for approval by the Secretary. The owner or operator may submit a written request to the Secretary for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period. The owner or operator shall submit a written request for a permit modification to authorize a change in the approved post-closure plan whenever: Changes in operating plans or facility design affect the approved post-closure plan; There is a change in the expected year of final closure, if applicable; or Events which occur during the active life of the facility, including partial and final closures, affect the approved post-closure plan. The owner or operator shall submit a written request for a permit modification at least 60 days before the proposed change in facility design or operation, or not later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan under Regulations .11G(3)(b) and .12I(3)(b) shall submit a post-closure plan to the Secretary not later than 90 days after the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of Regulation .14J. The Secretary will approve, disapprove, or modify this plan in accordance with the procedures in COMAR 26.13.07. In accordance with COMAR 26.13.07.05, the approved post-closure plan will become a permit condition. The Secretary may request modifications to the plan under the conditions described in §H(4)(c), of this regulation. The owner or operator shall submit the modified plan not later than 60 days after the Secretary's request, or not later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the Secretary will be approved, disapproved, or modified in accordance with the procedures in COMAR 26.13.07. Post-Closure Notices. Not later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of his knowledge and in accordance with any records he has kept. Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall: Record a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that: The land has been used to manage hazardous wastes; Its use is restricted under COMAR 26.13.05.07; and The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by §§F(2) and I(1) of this regulation have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Secretary; Submit a certification, signed by the owner or operator, that he has recorded the notation specified in §I(2)(a), of this regulation, including a copy of the document in which the notation has been placed, to the Secretary. If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the post-closure permit in accordance with the applicable requirements in COMAR 26.13.07. The owner or operator shall demonstrate that the removal of hazardous wastes from a hazardous wasste disposal unit will satisfy the criteria of §G(4) of this regulation. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of COMAR 26.13.03. If the owner or operator is granted a permit modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the Secretary approve either: The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or The addition of a notation to the deed or instrument indicating the removal of the hazardous waste. Certification of Completion of Post-Closure Care. Not later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Secretary, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification required by §J(1) of this regulation shall be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification shall be furnished to the Secretary upon request until the owner or operator is released from the financial assurance requirements for post-closure care under 40 CFR §264.145(i), as incorporated by reference in Regulation .08 of this chapter. Except as provided in §B of this regulation, the Department adopts as its regulations the federal regulations at 40 CFR §§264.140—264.148 and 264.151, which are incorporated by reference in COMAR 26.13.01.05B(1)(a). For purposes of this regulation: Substitute “Secretary” for “Regional Administrator”; Substitute “Department” for “Environmental Protection Agency” or “Agency”; In establishing the financial assurance for closure required by 40 CFR §264.143, a person may not use the financial test or corporate guarantee described in 40 CFR §264.143(f); and In establishing the financial assurance for post-closure care required by 40 CFR §264.145, a person may not use the financial test or corporate guarantee described in 40 CFR §264.145(f) which is incorporated by reference. Applicability. This regulation applies to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as Regulation .01, of this chapter, otherwise provides. Condition of Containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter. Compatibility of Waste with Container. The owner or operator shall use a container made of or lined with materials which do not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired. Management of Containers. A container holding hazardous waste shall always be closed during storage, except when it is necessary to add or remove waste, and the container may not be opened, handled, or stored in a manner which may rupture the container or cause it to leak. Inspections. The owner or operator shall inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration of containers and the containment system caused by corrosion or other factors. Special Requirements for Ignitable or Reactive Waste. Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility's property line. Special Requirements for Incompatible Wastes. Incompatible wastes, or incompatible wastes and materials, (see Regulation .24 of this chapter, for examples) may not be placed in the same container, unless Regulation .02H(2), of this chapter, is complied with. Hazardous waste may not be placed in an unwashed container that previously held an incompatible waste or material (see Regulation .24 for examples). A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. Containment. Container storage areas shall have a containment system that is capable of collecting and holding spills, leaks, and precipitation. The containment system shall: Have a base underlying the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated rainfall until the collected material is detected and removed; Be designed for efficient drainage so that standing liquid does not remain on the base longer than 1 hour after a leakage or precipitation event unless the containers are elevated, or in some other manner are protected from contact with accumulated liquids; and Have sufficient capacity to contain 10 percent of the volume of containers or the volume of the largest container, whichever is greater. Run-on into the containment system shall be prevented, unless the Secretary waives this requirement in the permit after determining that the collection system has sufficient excess capacity in addition to that required in §H(1)(c), of this regulation, to accommodate any run-on which might enter the system. Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system as described in §H(1), of this regulation, except as provided by §H(5), of this regulation, or provided that: The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation; or The containers are elevated or are otherwise protected from contact with accumulated liquid. Storage areas that store containers holding the wastes F020, F021, F022, F023, F026, and F027 that do not contain free liquids shall have a containment system defined by §H(1) of this regulation. Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed according to closure plans which are to remain on-site for Departmental review. Applicability. Owners and operators of facilities that use tank systems to treat or store hazardous waste shall comply with the requirements of this regulation and Regulations .10-1—.10-7 of this chapter, except as otherwise provided in §A(2), (3), and (5) of this regulation or in Regulation .01 of this chapter. Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements of Regulation .10-4 of this chapter. To determine whether a waste contains free liquids, a person shall use EPA Method 9095 (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Publication SW-846), which is incorporated by reference in COMAR 26.13.01.05A(4). Tank systems, including sumps as defined in COMAR 26.13.01.03B, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes, are exempted from the requirements of Regulation .10-4A of this chapter. For the purposes of classifying a tank system as either new or existing, installation of the tank system is considered to have begun if the following criteria are met: The owner or operator has obtained all federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and A continuous on-site physical construction or installation program has begun, or the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for either completion of physical construction of the site or installation of the tank system within a reasonable time. Tanks, sumps, and other collection devices or systems used in conjunction with drip pads as defined in COMAR 26.13.01.03B and regulated under Regulations .17-1—.17-4 of this chapter are subject to the requirements of this regulation and Regulations .10-1—.10-7 of this chapter. Waste Analysis and Trial Tests. In addition to the waste analysis required by Regulation .02D of this chapter, whenever a tank is to be used to chemically treat or store a hazardous waste which is substantially different from waste previously treated or stored in that tank, or chemically treat hazardous waste with a substantially different process than any previously used in that tank, the owner or operator shall, before treating or storing the different waste or using the different process: Conduct waste analysis and trial treatment or storage tests, such as bench scale or pilot plant scale tests; or Obtain written, documented information on similar storage or treatment of similar waste under similar operating conditions, to show that this proposed treatment or storage will meet the requirements of §C(1) of this regulation. General Operating Requirements. A person may not place hazardous wastes or treatment reagents in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, corrode, leak, or otherwise fail. Overfilling. The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems, and, at a minimum, shall employ the following controls and practices to comply with this requirement: Controls to prevent overfilling, such as level sensing devices, high level alarms, automatic feed cutoff, or by-pass to a standby tank; For uncovered tanks, maintenance of sufficient freeboard to prevent overtopping by wave or wind action or by precipitation; and Spill prevention controls, such as check valves or dry disconnect couplings. The owner or operator shall comply with the requirements of Regulation .10-6 of this chapter if a leak or spill occurs in the tank system. Inspections. The owner or operator shall: Develop and follow a schedule and procedure for inspecting overfill controls; Inspect at least once each operating day: Data gathered from monitoring and leak detection equipment, such as pressure and temperature gauges and monitoring wells, to ensure that the tank system is being operated according to its design; For uncovered tanks, the level of waste in the tank to ensure compliance with §C(2)(b) of this regulation; Above-ground portions of the tank system to detect corrosion or releases of waste; and The construction materials of, and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system, to detect erosion or signs of releases of hazardous wastes, such as wet spots or dead vegetation; Inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly: Confirm proper operation of the cathodic protection system within 6 months after initial installation and annually after that; and Inspect or test, or both, as appropriate, all sources of impressed current at least every 2 months; Develop, as part of the inspection schedule required in Regulation .02F of this chapter, and in addition to the specific requirements of §D(1)—(3) of this regulation, a schedule and procedures for assessing the condition of the tank which meet the following requirements: The schedule and procedures shall be adequate to detect cracks, leaks, corrosion, or erosion which may prevent compliance with §C(1) of this regulation; The inspection procedure shall include procedures for emptying a tank to allow entry and inspection of the interior when tank entry is necessary to detect corrosion or erosion of the tank sides and bottom; and The scheduled frequency of assessments shall be based on the material of construction of the tank, type of corrosion or erosion protection used, rate of corrosion or erosion observed during the previous inspections, and the characteristics of the waste being treated or stored; Document, in the operating record of the facility, inspections of the items required to be made in §D(1)—(4) of this regulation. Air Emissions. The owner or operator shall provide all tanks with the treatment process controls, emission controls, and safety or emergency procedures that are necessary to protect human health and the environment from toxic or otherwise harmful fumes, mists, or gases resulting from: Volatilization of wastes stored or treated in the tank; Chemical reactions in the tank, either routine or resulting from process upsets; or Physical agitation or other forms of treatment conducted in the tank. Special Requirements for Ignitable or Reactive Wastes. An owner or operator may not place ignitable or reactive waste in a tank system unless one of the following conditions is met: The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that: The resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under COMAR 26.13.02.11 or .13; and Regulation .02H(2) of this chapter is complied with; The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or The tank system is used solely for emergencies. The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon, as required in Tables 2-1 through 2-6 of the National Fire Protection Association's “Flammable and Combustible Liquids Code” (1990), which is incorporated by reference in COMAR 26.13.01.05A(3). Special Requirements for Incompatible Wastes. An owner or operator may not place: Incompatible wastes, or incompatible wastes and materials, in the same tank system, unless Regulation .02H(2) of this chapter is complied with; Hazardous waste in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless Regulation .02H(2) of this chapter is complied with. Applicability. The requirements of this regulation apply to owners and operators of existing hazardous waste tank systems that do not have secondary containment meeting the requirements of Regulation .10-4 of this chapter. For each existing tank system that does not have secondary containment meeting the requirements of Regulation .10-4 of this chapter, the owner or operator shall: Develop, and keep on file at the facility, a written assessment of whether the tank system: Is leaking or otherwise unfit for use; Will collapse, rupture, or fail based on an analysis of the tank system design, structural strength, and compatibility with the waste or wastes to be stored or treated; Have the assessment required by §B(1) of this regulation reviewed and certified by an independent, qualified registered professional engineer, in accordance with COMAR 26.13.07.03D; Assure that the assessment required by §B(1) of this regulation considers, at a minimum, the following: Design standards, if available, according to which the tank and ancillary equipment were constructed; Hazardous characteristics of the waste or wastes that have been and will be handled; Existing corrosion protection measures; Documented age of the tank system, if available, or, if not, an estimate of the age; Results of a leak test, internal inspection, or other tank integrity examination such that: For nonenterable underground tanks, the assessment includes a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects; For other than nonenterable underground tanks and for ancillary equipment, the assessment includes either a leak test which satisfies the requirements of §B(3)(e)(i) of this regulation, or other integrity examination, that is certified by an independent, qualified, registered professional engineer in accordance with COMAR 26.13.07.03D, that addresses cracks, leaks, corrosion, and erosion; Develop the written assessment required by §B(1) of this regulation, and have it certified in accordance with §B(2) of this regulation, as follows: For existing underground tanks that cannot be entered for inspection, by January 12, 1988, except that, for tanks that store or treat materials that become regulated as hazardous wastes after July 14, 1986, the owner or operator shall conduct this assessment within 12 months after the date that the waste becomes regulated as hazardous; For all other existing tank systems other than tanks that cannot be entered for inspection, by July 1, 1994, except that, for tank systems that store or treat materials that become regulated as hazardous wastes after July 1, 1993, the owner or operator shall conduct this assessment within 12 months after the date that the waste becomes regulated as a hazardous waste; Comply with the requirements of Regulation .10-6 of this chapter if, as a result of the assessment required by §B(1) of this regulation, a tank system is found to be leaking or unfit for use. The owner or operator of a new tank system may not manage hazardous waste in the tank system unless the written assessment required by Sec. B(1) of this regulation demonstrates to the Secretary's satisfaction that the foundation, structural support, seams, connections, and pressure controls, if applicable, are adequately designed, and that the tank system has sufficient structural strength, compatibility with the waste or wastes to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail. Owners or operators of new tank systems or components shall: Demonstrate, through a written assessment reviewed and certified by an independent, qualified, registered professional engineer, in accordance with COMAR 26.13.07.03D, that the tank system has sufficient structural integrity and is acceptable for the management of hazardous waste; Include, at a minimum, in the assessment required by Sec. B(1) of this regulation, the following information: Design standard or standards according to which the tank system and ancillary equipment will be constructed; Hazardous characteristics of the waste or wastes to be managed; For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of: Factors affecting the potential for corrosion, including but not limited to soil moisture content, soil pH, soil sulfides level, soil resistivity, structure to soil potential, influence of nearby underground metal structures such as piping, existence of stray electric current, existing corrosion protection measures such as coating or cathodic protection; and The type and degree of external corrosion protection that are needed to ensure the integrity of the system during the use of the system or component, consisting of corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, corrosion-resistant coating such as epoxy or fiberglass, with cathodic protection such as impressed current or sacrificial anodes, or electrical isolation devices such as insulating joints or flanges; For underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage; and Design considerations to ensure that tank: Foundations will maintain the load of a full tank; Systems will be anchored to prevent flotation or dislodging where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of 40 CFR §264.18(a); and Systems will withstand the effects of frost heave; Submit to the Secretary the written assessment required by §B(1) of this regulation as part of the owner's or operator's application for a Controlled Hazardous Substances facility permit or permit modification; Comply with the following requirements for installation of new tank systems: Ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation; Before covering, enclosing, or placing a new tank system or component in use, have the tank system inspected by an independent, qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, for the presence of any of the following items: Weld breaks, Punctures, Scrapes of protective coatings, Cracks, Corrosion, and Other structural damage or inadequate construction or installation; Remedy all discrepancies detected in the inspection required by §B(4)(b) of this regulation before the tank system is covered, closed, or placed in use; Use a backfill material that is a noncorrosive, porous, homogeneous substance for new tank systems or components that are placed underground and that are backfilled, and install the backfill material so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported; Test all new tanks and ancillary equipment for tightness before covering, enclosing, or placing in use; Perform all repairs necessary to remedy any leaks in the tank system before covering, enclosing, or placing the system into use; Ensure that ancillary equipment is supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction; Provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under the requirements of §B(2)(c) of this regulation, or other corrosion protection if the Secretary believes other corrosion protection is necessary to ensure the integrity of the tank system during its use; Ensure that the installation of a corrosion protection system that is field-fabricated is supervised by an independent corrosion expert to ensure proper installation; Obtain and keep on file at the facility written statements by the persons required to certify the design of the tank system in accordance with §B(1) and (2) of this regulation and the persons required to supervise the installation of the tank system in accordance with the requirements of §B(4)—(10) of this regulation that attest that the tank system was properly designed and installed, and that repairs required by §B(4)(c) and (7) of this regulation were performed; Include, in the written statements required by §B(11) of this regulation, the certification statement as required in COMAR 26.13.07.03D. Except as allowed for in §F of this regulation and Regulation .10-5 of this chapter, an owner or operator shall provide secondary containment that meets the requirements of this regulation by the following deadlines: For all new tank systems or components, before their being put into service; For all existing tank systems used to store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that are: Underground tanks that cannot be entered for inspection, by January 12, 1987; Underground tanks that can be entered for inspection, within 2 years after July 1, 1993; or Not underground tanks, within 2 years after July 1, 1993; Existing underground tank systems that cannot be entered for inspection and that are a known and documented age, within 2 years after January 12, 1987, or when the tank system becomes 15 years old, whichever comes later; Existing tank systems of a known and documented age that are not underground or are underground tanks that can be entered for inspection, within 2 years after July 1, 1993, or when the tank system becomes 15 years old, whichever comes later; Existing underground tank systems that cannot be entered for inspection, and for which the age cannot be documented: Within 8 years of January 12, 1987, if the age of the facility is 7 years or less; or If the age of the facility is greater than 7 years, within 2 years after January 12, 1987, or the time the facility becomes 15 years old, whichever comes later; Existing tank systems that are not underground tanks, or are underground tanks that can be entered for inspection, and for which the age cannot be documented: Within 8 years of July 1, 1993, if the age of the facility is 7 years or less; or If the age of the facility is greater than 7 years, within 2 years after July 1, 1993, or the time the facility becomes 15 years old, whichever comes later; Tank systems that are used to store or treat materials that become regulated as hazardous wastes after July 1, 1993, within the time intervals required in §A(1)-(6) of this regulation, except that the date that a material becomes a hazardous waste is substituted for January 12, 1987 or July 1, 1993, whichever is applicable. The owner or operator shall ensure that secondary containment systems provided in accordance with §A of this regulation: Are designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; Are capable of detecting and collecting releases and accumulated liquids until the collected material is removed; Are constructed of or lined with materials that are compatible with the waste or wastes to be placed in the tank system; Have sufficient strength and thickness to prevent failure owing to pressure gradients, including static head and external hydrological forces, physical contact with the waste to which it is exposed, climatic conditions, and the stress of daily operation, including stresses from nearby vehicular traffic; Are placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift; Are provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the Secretary that existing detection technologies or site conditions will not allow detection of a release within 24 hours; and Are sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. The owner or operator shall remove spilled or leaked waste and accumulated precipitation from the secondary containment system within 24 hours, or, if the owner or operator can demonstrate to the Secretary that removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours, in as timely a manner as is possible to prevent harm to human health and the environment. The owner or operator shall use one or more of the following devices in providing for secondary containment for tanks: A liner, external to the tank; A vault; A double-walled tank; or An equivalent device as approved by the Secretary. The owner or operator shall ensure that: External liner systems are: Designed or operated to contain 100 percent of the capacity of the largest tank within the boundary of the liner system; Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration and the additional capacity is sufficient to contain precipitation from a 25-year, 24-hour rainfall event; Free of cracks or gaps; and Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank or tanks (that is, capable of preventing lateral as well as vertical migration of the waste); Vault systems are: Designed or operated to contain 100 percent of the capacity of the largest tank within the boundary of the vault system; Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration, and the additional capacity is sufficient to contain precipitation from a 25-year, 24-hour rainfall event; Constructed with chemical-resistant water stops in place at any joints; Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the material of construction of the vault; Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated meets the definition of ignitable waste under COMAR 26.13.02.11, or meets the definition of reactive waste under COMAR 26.13.02.13, and may form an ignitable or explosive vapor; and Provided with an exterior moisture barrier or are otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure; Double-walled tanks are: Designed as an integral structure, with an inner tank completely enveloped within an outer shell, so that any release from the inner tank is contained by the outer shell; Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell; and Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time, if the owner or operator can demonstrate to the Secretary, and the Secretary concludes, that the existing detection technology or site conditions would not allow detection of a release within 24 hours. The owner or operator shall provide ancillary equipment with secondary containment such as a trench, jacketing, or double-walled piping that meets the requirements of §§B and C of this regulation except for: Above-ground piping, exclusive of flanges, joints, valves, and other connections, that is visually inspected for leaks on a daily basis; Welded flanges, welded joints, and welded connections, that are visually inspected for leaks on a daily basis; Seal-less or magnetic coupling pumps and seal-less valves, that are visually inspected for leaks on a daily basis; and Pressurized above-ground piping systems with automatic shut-off devices, such as excess flow check valves, flow metering shutdown devices, or shut-off devices actuated by loss of pressure, that are visually inspected for leaks on a daily basis. The owner or operator of a tank system, until such time as secondary containment that meets the requirements of this regulation is provided, shall comply with the following: For nonenterable underground tanks, conduct at least annually a leak test that meets the requirements of Regulation .10-2B(3)(e)(i) of this chapter, or other tank integrity method as approved or required by the Secretary; For other than nonenterable underground tanks, either conduct a leak test as in §G(1) of this regulation, or develop a schedule and procedure for an assessment of the overall condition of the tank system by an independent, qualified, registered professional engineer; Ensure that assessments of the overall condition of the tank system performed instead of a leak test satisfy the following requirements: The schedule and procedure for the assessment is adequate to detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks; Stored waste is removed from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed; and The frequency of the assessment is based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection, and the characteristics of the waste being stored or treated; For ancillary equipment, conduct at least annually a leak test or other integrity assessment as approved by the Secretary; Maintain on file at the facility a record of the results of the assessments conducted in accordance with §G(1)-(4) of this regulation; and Comply with the requirements of Regulation .10-6 of this chapter if a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment performed in accordance with §G(1)-(4) of this regulation. The owner or operator may obtain a variance from the requirements of Regulation .10-4 of this chapter if the Secretary finds, as a result of a demonstration by the owner or operator, that: Alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous waste or hazardous constituents into the ground water and surface water at least as effectively as secondary containment during the active life of the tank system; or A substantial present or potential hazard will not be posed to human health or the environment in the event of a release that does migrate to ground water or surface water. Requirements Applicable to New Tank Systems. New underground tank systems are not eligible for exemption from the secondary containment requirements of Regulation .10-4 of this chapter through a demonstration of no substantial present or potential hazard using the criteria of §E of this regulation. For the purposes of this section, a new underground tank system is an underground tank which: Cannot be entered for inspection for which construction began after July 14, 1986; or Can be entered for inspection for which construction began after July 1, 1993. If the Secretary grants a variance under this regulation, the owner or operator shall construct and operate the tank system in the manner that was demonstrated to meet the requirements of §D or E of this regulation in obtaining the variance. In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Secretary shall consider: The nature and quantity of the wastes; The proposed alternate design and operation; The hydrogeologic setting of the facility, including the thickness of soils present between the tank system and ground water; and All other factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to ground water or surface water. In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, as provided for in §A(2) of this regulation, the Secretary shall consider the potential adverse effects: On ground water, surface water, and land quality, taking into account: The physical and chemical characteristics of the waste in the tank system, including its potential for migration; The hydrogeological characteristics of the facility and surrounding land; The potential for health risks caused by human exposure to waste constituents; The potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and The persistence and permanence of the potential adverse effects; Of a release on ground water quality, taking into account the: Quantity and quality of ground water and the direction of ground water flow; Proximity and withdrawal rates of ground water users; Current and future uses of ground water in the area; and Existing quality of ground water, including other sources of contamination and the cumulative impact of other sources of contamination on the ground water quality; Of a release on surface water quality, taking into account the: Quantity and quality of ground water and the direction of ground water flow; Patterns of rainfall in the region; Proximity of the tank system to surface waters; Current and future uses of surface waters in the area and water quality standards established for those surface waters; and Existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; and Of a release on the land surrounding the tank system, taking into account the: Patterns of rainfall in the region; and Current and future uses of the surrounding land. Procedures for Requesting a Variance. If requesting a variance from the requirements for secondary containment, the owner or operator shall: Notify the Secretary in writing of the intent to conduct and submit a demonstration for a variance from secondary containment as allowed in §§A—E of this regulation according to the following schedule: For existing tank systems, at least 24 months before the date that secondary containment shall be provided in accordance with Regulation .10-4A of this chapter; or For new tank systems, at least 30 days before entering into a contract for installation; As part of the notification required by §F(1) of this regulation, submit to the Secretary a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps; Address in the demonstration for a variance each of the factors listed in §D or E of this regulation, as appropriate; and Complete the demonstration for a variance within 180 days after notifying the Secretary of intent to conduct the demonstration. The owner or operator of a tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall: Immediately remove the tank system from service; Immediately stop the flow of hazardous waste into the tank system or secondary containment system; Inspect the system to determine the cause of the release; Remove waste from the tank system or secondary containment system in accordance with the following: If the release was from the tank system, remove all waste within 24 hours after detection of the leak or, if the owner or operator demonstrates that doing so is not possible, remove at the earliest practicable time as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system; and If the material was released to a secondary containment system, remove all released materials within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment; Contain visible releases to the environment by immediately conducting a visual inspection of the release and, based upon the inspection: Act to prevent further migration of the leak or spill to soils or surface water; and Remove, and properly dispose of, any visible contamination of the soil or surface water; Unless the quantity of the leak or spill is 1 pound or less and the leak or spill is immediately contained and cleaned up, file notifications and reports of the incident in accordance with the following: Report to the Secretary any release to the environment within 24 hours of the release's detection; and Submit to the Secretary within 30 days of detection of a release to the environment, a report containing the following information: Likely route of migration of the release; Characteristics of the surrounding soil, such as soil composition, geology, and hydrogeology; Results of any monitoring or sampling conducted in connection with the release, except that if sampling or monitoring data relating to the release are not available within 30 days, the owner or operator shall submit these data to the Secretary as soon as they become available; Proximity to downgradient drinking water, surface water, and populated areas; and A description of response actions taken or planned; Close, repair, or provide secondary containment for the tank system in accordance with the following: Close the tank system in accordance with Regulation .10-7 of this chapter unless the owner or operator satisfies the requirements of §A(7)(b)—(d) of this regulation; If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed, and repairs, if necessary, have been made; If the cause of the release was a leak from the primary tank system into the secondary containment system, the owner or operator shall repair the tank system before returning it to service; If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator: Shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of Regulation .10-4 of this chapter before it is returned to service, unless the source of the leak is an above-ground portion of a tank system that can be inspected visually; May, if the source is an above-ground component that can be inspected visually, return the component to service without secondary containment as long as the component is repaired and the requirements of §A(8) and (9) of this regulation are satisfied; Shall ensure that, if a component is replaced to comply with the requirements of §A(7) of this regulation, the component satisfies the requirements for new tank systems or components in Regulations .10-3 and .10-4 of this chapter; and Shall, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, such as the bottom of an in-ground or on-ground tank, provide the entire component with secondary containment in accordance with Regulation .10-4 of this chapter before returning the tank system to use; Before returning to service a tank system that has been repaired in accordance with §A(7) of this regulation and for which the repair has been extensive, such as installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel, obtain a certification by an independent, qualified, registered professional engineer in accordance with COMAR 26.13.07.03D that the repaired system is capable of handling hazardous wastes without release for the intended life of the system; Submit the certification required in §A(8) of this regulation to the Secretary not later than 5 days before the tank system is returned to use. The owner or operator of a tank system for which a variance from secondary containment has been granted in accordance with Regulation .10-5D of this chapter, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control, as established in the variance, shall: Comply, except for §A(6) of this regulation, with the other requirements of §A of this regulation; Decontaminate or remove contaminated soil to the extent necessary to: Enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had before the release; and Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and Comply with the requirements of Regulation .10-7C of this chapter if contaminated soil cannot be removed or decontaminated in accordance with §B(2) of this regulation. The owner or operator of a tank system for which a variance from secondary containment has been granted in accordance with the requirements of Regulation .10-5D of this chapter, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control, as established in the variance, shall: Comply with the requirements of §A(1)—(6) of this regulation; Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil; Comply with the requirements of Regulation .10-7C of this chapter if contaminated soil cannot be decontaminated or removed or if ground water has been contaminated; and Provide, if repairing, replacing, or reinstalling the tank system, secondary containment in accordance with the requirements of Regulation .10-4A—F of this chapter, or reapply for a variance from secondary containment and meet the requirements for new tank systems in Regulation .10-3 of this chapter if the tank system is replaced, even if contaminated soil can be decontaminated or removed and ground water or surface water has not been contaminated. At the closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless COMAR 26.13.02.03D applies. An owner or operator shall ensure that the closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems meet all of the requirements specified in Regulations .07 and .08 of this chapter. If an owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in §A of this regulation, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements of Regulation .14J of this chapter which apply to landfills. In addition, for the purposes of closure, post-closure, and financial responsibility, the tank system is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07 and .08 of this chapter. If an owner or operator has a tank system that does not have secondary containment that meets the requirements of Regulations .10-4B—F of this chapter, and has not been granted a variance from the secondary containment requirements in accordance with Regulation .10-5 of this chapter, then the owner or operator shall: Include in the closure plan for the tank system a: Plan for complying with §A of this regulation; and Contingent plan for complying with §C of this regulation; Prepare and submit as part of the permit application a contingent post-closure plan for complying with §C of this regulation; Reflect, in the cost estimates calculated for closure and post-closure care, the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under §A of this regulation; Base financial assurance on the cost estimates developed in accordance with §D(3) of this regulation; and Ensure that the contingent closure and post-closure plans meet all of the closure, post-closure, and financial responsibility requirements for landfills under Regulations .07 and .08 of this chapter. Applicability. This regulation applies to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as Regulation .01 of this chapter otherwise provides. General Design Requirements. A surface impoundment shall be designed to provide: At least 60 centimeters (2 feet) of freeboard; or An amount of freeboard other than 60 centimeters based on documentation acceptable to the Secretary that the specified amount of the freeboard will prevent overtopping. The amount of freeboard approved by the Secretary shall be specified in the permit. A surface impoundment shall be designed so that any flow of waste into the impoundment can be immediately shut off in the event of overtopping or liner failure. A surface impoundment shall be designed to prevent discharge into the land and ground water, and to surface water, except for discharges authorized by a State discharge permit, during the life of the impoundment by use of a containment system which complies with §D of this regulation. The Secretary shall include the design of the containment system as a term and condition of the permit. Dikes shall be designed with sufficient structural integrity to prevent massive failure without dependence on any liner system included in the surface impoundment design. For a surface impoundment, except for an existing portion of a surface impoundment, a leachate detection, collection, and removal system shall be designed so that liquid will flow freely from the collection system to prevent the creation of pressure head within the collection system in excess of that necessary to cause the liquid to flow freely. The Secretary: May exempt the owner or operator from the requirements of §B(3)of this regulation if the Secretary finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of the hazardous constituents, as identified in Regulation .06-1B of this chapter, into the ground water or surface water at any future time; and Shall, in deciding whether to grant an exemption, consider: The nature and quantity of the wastes; The proposed alternate design and operation; The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water; and All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water. Any facility or facility unit subject to this regulation shall be constructed and installed as designed. General Operating Requirements. A surface impoundment shall be operated to prevent any overtopping due to wind and wave action, overfilling precipitation, or normal or abnormal operations, malfunction of level controllers, alarms, and other equipment, or human error. A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, malfunctions of level controllers, alarms, and other equipment, human error, or a storm. There shall be at least 60 centimeters (2 feet) of freeboard. A surface impoundment shall be operated to maintain at least the amount of freeboard specified by the Secretary in the permit. For a surface impoundment, except for an existing portion of a surface impoundment, a leachate detection, collection, and removal system installed to comply with §D, of this regulation, shall be operated so that leachate flows freely from the collection system and is removed as it accumulates or with sufficient frequency to prevent backwater within the collection system. Earthen dikes shall be kept free of: Perennial woody plants with root systems which could displace the earthen materials upon which the structural integrity of the dike is dependent; and Burrowing mammals which could remove earthen materials upon which the structural integrity of the dike is dependent or create leaks through burrows in the dike. Run-on shall be diverted away from a surface impoundment. Containment Systems. Earthen dikes shall have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and to preserve the structural integrity of the dike. The owner or operator of a surface impoundment, except for an existing portion of a surface impoundment or a surface impoundment covered by COMAR 26.13.06.19D(1) and (2), shall construct a liner system designed to prevent discharge into the land during the life of the surface impoundment: With: A highly impermeable liner system in contact with the waste which will prevent the discharge of the waste or leachate into the liner or liners during the life of the surface impoundment based on the liner or liners' thickness, the saturated permeability of the liner or liners, and the pressure head of waste or leachate to which the liner or liners will be exposed; and A leachate detection, collection, and removal system beneath the liner or liners in contact with the waste to detect, contain, collect, and remove any discharge from the liner system in contact with the waste; and Above the water table, which may be controlled to comply with this requirement, to ensure the detection of any discharge of waste or leachate through the liner system in contact with the waste, prevent the discharge of ground water to the leachate detection, collection, and removal system, and to preserve the structural integrity of the liner or liners. A highly impermeable liner beneath the drainage layer (for example, the bottom liner) is a necessary part of a leachate detection, collection, and removal system. The owner or operator of each new surface impoundment, each new surface impoundment unit at an existing facility, each replacement of an existing surface impoundment unit, and each lateral expansion of an existing surface impoundment unit shall install a liner system consisting of two or more liners and a leachate collection and removal system between the liners, subject to the following: The liners and leachate collection system shall protect human health and the environment; The requirements of this section shall apply with respect to all waste received after the issuance of the permit; The liner system shall include: A top liner designed, operated, and constructed of materials to prevent the migration of any constituent into the liner during the period the facility remains in operation, including any post-closure monitoring period; and A composite lower liner that meets the requirements of §D(4)(d) of this regulation; The composite lower liner required by §D(4)(c)(ii) of this regulation shall meet the following requirements: Be designed, operated, and constructed to prevent the migration of any constituent through the liner during the period of facility operation and post-closure care; Consist of at least two components; Include an upper component that is designed and constructed of materials to prevent the migration of hazardous constituents into this component during the active life of the facility and the post-closure care period; and Include a lower component that is designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur, with the lower component being constructed of at least a 3-foot thick layer of recompacted clay or other natural material with a hydraulic conductivity of no more than 1 x 10(-7th power) centimeter per second. Section D(4) of this regulation does not apply if the owner or operator demonstrates to the Secretary and the Secretary finds for the surface impoundment, that alternative design and operating practices, together with location characteristics, will: Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection systems required by §D(4) of this regulation; and Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the system described in §D-1(1)—(3) of this regulation. The double liner requirement set forth in §D(4), of this regulation, may be waived by the Secretary for any monofill, if the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in COMAR 26.13.02, and one of the following applies: All of the following: The monofill has at least one liner, as defined in §D(7) of this regulation, for which there is no evidence that the liner is leaking; The monofill is located more than 1/4 mile from an underground source of drinking water as that term is defined in 40 CFR §144.3; and The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with permits under COMAR 26.13.07; or The owner or operator demonstrates that the monofill is located, designed, and operated to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time. For the purposes of this section, the term “liner” means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of §D(4) of this regulation on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment, the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of the impoundment shall comply with appropriate post-closure requirements, including but not limited to ground water monitoring and corrective action. A containment system shall have a containment life equal to or greater than the life of the surface impoundment. (See “Landfill and Surface Impoundment Performance Evaluation”, EPA, SW/869, September 1980 for methods to evaluate the containment life and effectiveness of a containment system.) Liner systems shall be: Constructed of materials which have appropriate chemical properties and strength and of sufficient thickness to prevent failure due to pressure head, physical contact with the waste or leachate to which they are exposed, climatic conditions, and the stress of the installation and daily operations; Constructed on a foundation capable of providing support to the liner or liners and resistance to the pressure head above the liner or liners to prevent failure of the liner or liners due to settlement, compression, or uplift; and Installed to cover all surrounding earth likely to be in contact with the waste or leachate. The sides and bottom of the impoundment shall be constructed of a material which prohibits the discharge of contaminants to ground water unless specifically authorized by a State discharge permit. Leachate Collection and Removal System. Scope. This section establishes requirements for a leachate collection and removal system that is required to be installed between liners in accordance with §D(4) of this regulation. The requirements of this section also apply to a leachate collection and removal system that is immediately above the bottom composite liner in a containment system that includes multiple leachate collection and removal systems. A leachate collection and removal system identified in §D-1(1) of this regulation is: Also a leak detection system; and Required to be capable of detecting, collecting, and removing leaks. Except as provided in §D-1(4) of this regulation, the facility owner or operator shall ensure that the leachate collection and removal system is designed, constructed, and operated in accordance with the provisions of 40 CFR §264.221(c)(2)(i)—(v), (3), and (4). The Secretary may approve alternative design and operating practices to those specified in §D-1(3) of this regulation if the owner or operator demonstrates to the Secretary that the proposed alternate design and alternate operating practices, along with location characteristics, will: Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in §D-1(3) of this regulation; and Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the design and operating practices specified in §D-1(3) of this regulation. Action Leakage Rate. This section establishes requirements concerning the maximum design flow rate that the leak detection system required by §§D(4) and D-1 of this regulation can remove without the fluid head on the bottom liner exceeding 1 foot. For the purposes of this section, “action leakage rate” means the maximum design flow rate described in §D-2(1) of this regulation. The owner or operator shall provide the Department with the information that the Department considers necessary for the specification of a valid action leakage rate that incorporates an adequate margin of safety to allow for uncertainties, as specified in §D-2(4) of this regulation. For a surface impoundment subject to §D of this regulation, the Department shall specify an action leakage rate that: Includes an adequate safety margin, considering: Uncertainties in the design, construction, operation, and location of the leak detection system; The characteristics of the waste and leachate; The likelihood that other sources may contribute to liquids in the leak detection system, and the amounts of these liquids; and Proposed response actions; and If exceeded, obligates the owner or operator to respond as specified in §D-3 of this regulation. To determine if the action leakage rate has been exceeded, the owner or operator shall: Convert the weekly or monthly flow rate from the monitoring data obtained in accordance with §F(5) of this regulation to an average daily flow rate in gallons per acre per day for each sump; and Unless the Department approves a different calculation: Each week, during the active life and closure period for the unit, calculate the average daily flow rate for each sump; and For a unit closed in accordance with §G(2) of this regulation, calculate, each month, the average daily flow rate during the post-closure care period if monthly monitoring is required under §F(5) of this regulation. Response Action Plan. Before managing waste in a surface impoundment that is subject to §D(4) of this regulation, the owner or operator shall: Develop a response action plan that meets the requirements of §D-3(2) of this regulation; and Obtain the approval of the Department for the response action plan. The owner or operator shall ensure that the response action plan: At a minimum describes the actions specified in 40 CFR §264.223(b), except that, in complying with 40 CFR §264.223(b), the owner or operator shall substitute “the Department” for “the Regional Administrator” and Incorporates the procedures specified in 40 CFR §264.223(c). If the action leakage rate specified under §D-2 of this regulation is exceeded, then the owner or operator shall respond as specified in the approved response action plan. Waste Analysis and Trial Test. In addition to the waste analyses required by Regulation .02D, whenever a surface impoundment is to be used to chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment, or chemically treat hazardous waste with a substantially different process than any previously used in that impoundment, the owner or operator shall, before treating the different waste or using the different process: Conduct waste analyses and trial treatment tests (for example, bench scale or pilot plant scale tests); or Obtain written documented information on similar treatment of similar waste under similar operation conditions to show that this treatment will comply with Regulation .02H(2) of this chapter. Inspections and Testing. Liners. During construction or installation, for purposes of this section, liners (except for existing portions of surface impoundments exempt from liner installation) shall include all cover systems, membranes, sheets, and/or coatings. During construction and installation, liner systems shall be inspected for uniformity, damage, and imperfections such as holes, cracks, thin spots, and foreign materials. Earth material liner systems shall be tested for compaction density, moisture content, and permeability after placement. Immediately after construction or installation of a liner: Manufactured liner materials such as membranes, sheets, and coatings shall be inspected to ensure tight seams and joints and the absence of tears or blisters; and Soil-based and admixed liners and covers shall be inspected for imperfections, including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover. The owner or operator shall inspect: A surface impoundment which contains free liquids at least once each operating day to ensure compliance with §C(1)—(3), of this regulation, and to detect any leaks or other failures of the impoundment; and Each surface impoundment, including dikes, berms, and vegetation surrounding the dike, at least once a week and after storms to: Detect any evidence of or potential for leaks from the impoundment; Detect severe erosion or other signs of deterioration in dikes or other containment devices; Detect deterioration, malfunctions, or improper operation of overtopping control systems; and Ensure compliance with §C(4) of this regulation. The structural integrity of any dike, including that portion of that dike which provides any freeboard, shall be certified against massive failure by a qualified engineer before the issuance or reissuance of a permit, or if the impoundment is not in service before being placed in service and after construction or before being returned to service. In certifying the structural integrity of the dike it shall be established that the dike will withstand the following: The stress of the pressure head of liquids placed into the impoundment; The weakening effect of earth materials being scoured due to leakage from the impoundment through and under the dike without relying on any liner system; and The weakening effect of earth materials being scoured due to leakage from the impoundment through and under the dike assuming leaks develop in the liner system. The requirements of §F(3) of this regulation, shall be followed, at a minimum, at 6-month intervals after the initial certification. The owner or operator shall: Comply with the requirements of 40 CFR §264.226(d) concerning the recording of information about removal of liquids from the leak detection sump; and In complying with 40 CFR §264.226(d), substitute “Secretary” for “Regional Administrator”. Closure and Post-Closure Care. At closure, the owner or operator shall: Remove or decontaminate all waste residues, contaminated containment system components (liner, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless COMAR 26.13.02.03D applies, or he shall do §G(1)(b)—(e), of this regulation, if all hazardous waste is not removed or decontaminated; Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues; Stabilize remaining wastes to a bearing capacity sufficient to support final cover; Cover the surface impoundment with a final cover designed and constructed to at a minimum: Provide long-term minimization of the migration of liquids through the closed impoundment; Function with minimum maintenance; Promote drainage and minimize erosion or abrasion of the final cover; Accommodate settling and subsidence so that the cover's integrity is maintained; and Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present; and any other requirements established by the Secretary; and Apply for a permit pursuant to Regulation .14 and COMAR 26.13.07. If some waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with all post-closure requirements contained in Regulation .07 including maintenance and monitoring throughout the post-closure care period. The owner or operator shall: Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events; Maintain and monitor the leak detection system, where such a system is present between double liner systems; Maintain and monitor the ground water monitoring system and comply with all applicable requirements of Regulations .06—.06-7 of this chapter; Prevent run-on and run-off from eroding or otherwise damaging the final cover. If an owner or operator plans to close a surface impoundment in accordance with §G(1)(a), of this regulation, and the impoundment does not comply with the liner requirements of §D(2)—(5) of this regulation, then: The closure plan for the impoundment under Regulation .07C shall include both a plan for complying with §G(1)(a), of this regulation, and a contingency plan for complying with §G(1)(b)—(e), of this regulation, if not all contaminated subsoils can be practicably removed at closure. The owner or operator shall prepare a contingency post-closure plan under Regulation .07H of this chapter, for complying with §G(2), of this regulation, if not all contaminated subsoils can be practicably removed at closure. The cost estimates calculated under Regulation .08 for closure and post-closure care of an impoundment subject to this paragraph shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under §G(1)(a) of this regulation. During the post-closure care period, if liquids leak into a leak detection system the owner or operator shall notify the Secretary of the leak within 24 hours after detecting the leak. The Secretary shall modify the permit to require compliance with the requirements of Regulations .06—.06-7 of this chapter. Containment System Repairs; Contingency Plans. Whenever there is any indication of a possible failure of the containment system, the system shall be inspected in accordance with the provisions of the containment system evaluation and repair plan required by this section. Indications of possible failure of the containment system include at least an unplanned and non-sudden drop in the liquid level in the impoundment, liquid detected in the leachate detection system, evidence of leakage or the potential for leakage in the dike, erosion of the dike, apparent or potential deterioration of the liner or liners based on observation or test samples of the liner materials, any mishandling of wastes placed in the impoundment, and foreign objects in the impoundment. Whenever there is a positive indication of failure of the containment system, the impoundment shall be removed from service. Indications of positive failure of the containment system include an unplanned sudden drop in the liquid level in the impoundment, waste detected in the leachate detection system, active leakage through the dike, or a breach (for example, a hole, tear, crack, or separation) in the liner system. If the surface impoundment must be removed from service as required by §H(2), of this regulation, the owner or operator shall: Immediately shut off flow of or stop the addition of waters into the impoundment; Immediately contain any leakage which occurred or is occurring; Immediately cause the leak to be stopped; If the leak cannot be stopped by any other means, empty the impoundment; Take any other necessary steps to stop or prevent catastrophic failure; and Notify the Secretary of the problems within 24 hours after detecting the problem. As part of the contingency plan required in Regulation .04, of this chapter, the owner or operator shall specify: A procedure for complying with the requirements of §H(3) of this regulation; A containment system evaluation and repair plan describing testing and monitoring techniques, procedures to be followed to evaluate the integrity of the containment system in the event of possible failure, a schedule of actions to be taken in the event of a possible failure, and a description of the repair techniques to be used in the event of leakage due to containment system failure or deterioration which does not require the impoundment to be removed from service. A surface impoundment that has been removed from service in accordance with the requirements of this section may not be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken: If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity shall be recertified in accordance with §F(3) of this regulation; If the impoundment was removed from service as the result of a sudden drop in the liquid level, then: For any existing portion of the impoundment, a liner shall be installed in compliance with §D(5), of this regulation; For any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer as meeting the design specifications approved in the permit. A surface impoundment that has been removed from service in accordance with §H(2), of this regulation, and that is not being repaired shall be closed in accordance with §G of this regulation. Special Requirements for Ignitable or Reactive Waste. A person may not place ignitable or reactive waste in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of 40 CFR Part 268, and the: Waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive wastes under COMAR 26.13.02.11 or .13, and Regulation .02H of this chapter is complied with; or Surface impoundment is used solely for emergencies. Special Requirements for Incompatible Waste. Incompatible wastes, or incompatible wastes and materials (see Regulation .24 of this chapter, for examples), may not be placed in the same surface impoundment, unless Regulation .02H(2) of this chapter, is complied with. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027. Hazardous Wastes F020, F021, F022, F023, F026, and F027 may not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the Secretary under the standards set out in this section, and in accordance with all other applicable requirements of this chapter. The factors to be considered are: The volume, physical, and chemical characteristics of the wastes including their potential to migrate through soil or to volatilize or escape into the atmosphere; The attenuative properties of underlying and surrounding soils or other materials; The mobilizing properties of other materials co-disposed with these wastes; and The effectiveness of additional treatment, design, or monitoring techniques. The Secretary may determine that additional design, operating, and monitoring requirements are necessary for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. Applicability. This regulation applies to owners and operators of facilities that store or treat hazardous waste in piles, except as Regulation .01 of this chapter provides otherwise. The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under §§B and D of this regulation and Regulations .06—.06-7 of this chapter, if: Liquids or materials containing free liquids are not placed in the pile; The pile is protected from surface water run-on by the structure or in some other manner; The pile is designed and operated to control dispersal of the waste by wind, when necessary, by means other than wetting; and The pile does not generate leachate through decomposition or other reactions. Design and Operating Requirements. A waste pile except for an existing portion of a waste pile, shall have: A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner shall be: Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation; Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and Installed to cover all surrounding earth likely to be in contact with the waste or leachate. A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Secretary will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (1 foot). The leachate collection and removal system shall be: Constructed of materials that are chemically resistant to the waste managed in the pile and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and Designed and operated to function without clogging through the scheduled closure of the waste pile. A containment system which complies with §D of this regulation. The owner or operator will be exempted from the requirements of §B(1) if the Secretary finds, based on a demonstration by the owner or operator, that alternate design and operating practices together with location characteristics, will prevent the migration of any hazardous constituents (see Regulation .06-1B of this chapter) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Secretary shall consider: The nature and quantity of the wastes; The proposed alternate design and operation; The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and ground water or surface water; and All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water. The owner or operator shall: Install two or more liners and a leachate collection and removal system above and between these liners for each: New waste pile unit; Lateral expansion of a waste pile unit; and Replacement of an existing waste pile unit; and Ensure that the liners and leachate collection and removal system meet the requirements of §D of this regulation. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Collection and holding facilities (for example, tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system. If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal. The Secretary shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied. Waste Analysis. In addition to the waste analysis required by Regulation .02D, of this chapter, the owner or operator shall analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless the only wastes the facility receives which are amenable to piling are compatible with each other, or the waste received is compatible with the waste in the pile to which it is to be added. This analysis conducted shall be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste does not inadvertently occur. The analysis shall include a visual comparison of color and texture. Containment Systems. Except as provided in §D(2) and (3) of this regulation, the owner or operator shall ensure that a waste pile subject to this regulation includes a containment system that: Incorporates two or more liners and a leachate collection and removal system above and between the liners, with the leachate collection and removal system also serving as a leak detection system; and Is designed, constructed, and operated in accordance with the requirements of 40 CFR §264.251(c)(1)—(5), except that, in meeting these requirements, the owner or operator shall substitute “Secretary” for “Regional Administrator”. The Secretary may approve alternative designs and operating practices to those specified in §D(1) of this regulation if the owner or operator demonstrates to the Secretary that the proposed designs and operating practices, together with location characteristics, will: Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in §D(1) of this regulation; and Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the design and operating practices specified in §D(1) of this regulation. The requirements of §D(1)(a) of this regulation do not apply to a monofil that has been granted a waiver by the Secretary in accordance with Regulation .11D(6) of this chapter. Action Leakage Rate. This section establishes requirements concerning the maximum design flow rate that the leak detection system required by §D(1)(a) of this regulation can remove without the fluid head on the bottom liner exceeding 1 foot. For the purposes of this section, “action leakage rate” means the maximum design flow rate described in §D-1(1) of this regulation. The owner or operator shall provide the Department with the information that the Department considers necessary for the specification of a valid action leakage rate that incorporates an adequate margin of safety to allow for uncertainties, as specified in §D-1(4) of this regulation. For a waste pile subject to §D(1) of this regulation, the Department shall specify an action leakage rate that: Includes an adequate safety margin, considering: Uncertainties in the design, construction, operation, and location of the leak detection system; The characteristics of the waste and leachate; The likelihood that other sources may contribute to liquids in the leak detection system, and the amounts of these liquids; and Proposed response actions; and If exceeded, obligates the owner or operator to respond as specified in §D-2 of this regulation. To determine if the action leakage rate has been exceeded, the owner or operator shall: Convert the weekly flow rate from the monitoring data obtained in accordance with §E(3) of this regulation to an average daily flow rate in gallons per acre per day for each sump; and Unless the Department approves a different calculation, calculate the average daily flow rate for each sump on a weekly basis during the active life and closure period for the unit. Response Action Plan. Before managing hazardous waste in a waste pile that is subject to §D(1) or (2) of this regulation, the owner or operator shall: Develop a response action plan that meets the requirements of §D-2(2) of this regulation; and Obtain the approval of the Department for the response action plan. The owner or operator shall ensure that the response action plan: At a minimum describes the actions specified in 40 CFR §264.253(b), except that, in complying with 40 CFR §264.253(b), the owner or operator shall substitute “Department” for “Regional Administrator”; and Incorporates the procedures specified in 40 CFR §264.253(c). If the action leakage rate specified under §D-1 of this regulation is exceeded, then the owner or operator shall respond as specified in the approved response action plan. Inspections and Testing. Except in the case of an existing portion of a waste pile exempt from the requirements of §B(1) of this regulation, the owner or operator shall, during construction and immediately after installation, inspect: Liner systems and covers for uniformity, damage, and imperfections such as holes, cracks, thin spots, and foreign materials; Manufactured liner materials and covers, such as membranes, sheets, and coatings, to ensure tight seams and joints and the absence of tears or blisters; and Soil-based and admixed liners and covers for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover. While a waste pile is in operation, the owner or operator shall inspect the pile weekly and after storms to detect evidence of any of the following: Deterioration, malfunctions, or improper operation of run-on and run-off control systems; The presence of liquids in leak detection systems, if installed; Proper functioning of wind dispersal control systems, if present; and The presence of leachate in and proper functioning of leachate collection and removal systems, if present. For a waste pile required to have a leak detection system under §D(1) of this regulation, the owner or operator shall record the amount of liquid removed from each leak detection sump at least once each week during the active life and closure period of the waste pile. Containment System Repairs, Contingency Plans. Whenever there is an indication of a possible failure of the containment system, the system shall be inspected in accordance with the provisions of the containment system evaluation and repair plan required by §F(4) of this regulation. Indications of possible failure of the containment system include liquid detected in the leachate detection system (when applicable), evidence of leakage or the potential for leakage in the base, erosion of the base, or apparent or potential deterioration of the liner and liners based on observation or test samples of the liner materials. Whenever there is a positive indication of a failure of the containment system, the waste pile shall be removed from service. Indications of positive failure of containment system include waste detected in the leachate detection system (when applicable), or a breach (for example, a hole, tear, crack, or separation) in the base. If the waste pile must be removed from service as required by §F(2), of this regulation, the owner or operator shall: Immediately stop adding wastes to the pile; Immediately contain any leakage which has or is occurring; Immediately cause the leak to be stopped; and If the leak cannot be stopped by another means, remove the waste from the base. As a part of the contingency plan required in Regulation .04, of this chapter, the owner or operator shall specify: A procedure for complying with the requirements of §F(3) of this regulation; and A containment system evaluation and repair plan describing: Testing and monitoring techniques; Procedures to be followed to evaluate the integrity of the containment system in the event of a possible failure; A schedule of actions to be taken in the event of a possible failure; and A description of the repair techniques to be used in the event of leakage due to containment system failure or deterioration which does not require the waste pile to be removed from service. A waste pile that has been removed from service in accordance with §F(2), of this regulation, may not be restored to service unless the containment system has been: Repaired; and Certified by a qualified engineer as meeting the design specifications approved in the permit. A waste pile that has been removed from service in accordance with §F(2), of this regulation, and that is not being repaired shall be closed in accordance with §I, of this regulation. Special Requirements for Ignitable or Reactive Waste. A person may not place ignitable or reactive waste in a pile unless the waste and waste pile satisfy all applicable requirements of 40 CFR Part 268, and: The waste is treated, rendered, or mixed before or immediately after placement in the pile so that: The resulting waste, mixture, or dissolution of materials no longer meets the definition of ignitable or reactive waste under COMAR 26.13.02.11 and .13, and Regulation .02H of this chapter is complied with; or The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react. Special Requirements for Incompatible Wastes. Incompatible wastes, or incompatible wastes and materials, (see Regulation .24, of this chapter, for examples) may not be placed in the same pile, unless Regulation .02H(2) is complied with. A pile of hazardous waste that is incompatible with any waste or other material stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device. Hazardous waste may not be piled on the same area where incompatible wastes or materials were previously piled, unless the area has been decontaminated sufficiently to ensure compliance with Regulation .02H(2) of this chapter. Closure and Post-Closure Care. At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless COMAR 26.13.02.03D applies. If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in §I(1), of this regulation, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills. The owner or operator of a waste pile that does not comply with the liner requirements of §B(1)(a), of this regulation, and is not exempt from them in accordance with §A(2) or B(2), of this regulation, shall: Include in the closure plan for the pile under Regulation .07C, of this chapter, both a plan for complying with §I(1), of this regulation, and a contingency plan for complying with §I(2), of this regulation, if not all contaminated subsoils can be practicably removed at closure; and Prepare a contingency post-closure plan under Regulation .07H, of this chapter, for complying with §I(2), of this regulation, if not all contaminated subsoils can be practicably removed at closure. The cost estimates calculated under Regulation .08 for closure and post-closure care of a pile subject to §I(3), of this regulation, shall include the cost of complying with the contingent closure plan and the contingency post-closure plan, but are not required to include the cost of expected closure under §I(1), of this regulation. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027. Hazardous Waste F020, F021, F022, F023, F026, and F027 may not be placed in waste piles that are not enclosed as defined in §A(2), of this regulation, unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is approved by the Secretary under the standards set out in this section, and in accord with all other applicable requirements of this chapter. The factors to be considered are: The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere; The attenuative properties of underlying and surrounding soils or other materials; The mobilizing properties of other materials co-disposed with these wastes; and The effectiveness of additional treatment, design, or monitoring techniques. The Secretary may determine that additional design, operating, and monitoring requirements are necessary for piles managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. Applicability. This regulation applies to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as Regulation .01 of this chapter provides otherwise. Treatment Program. An owner or operator subject to this regulation shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Secretary will specify in the facility permit the elements of the treatment program, including: The wastes that are capable of being treated at the unit based on a demonstration under §C of this regulation; Design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with §D(1) of this regulation; and Unsaturated zone monitoring provisions meeting the requirements of §I of this regulation. The Secretary will specify in the facility permit the hazardous constituents that shall be degraded, transformed, or immobilized under this regulation. Hazardous constituents are constituents identified in COMAR 26.13.02.24 that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone. The Secretary will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the unsaturated zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone shall be: Not more than 1.5 meters (5 feet) from the initial soil surface; and More than 1 meter (3 feet) above the seasonal high water table. Treatment Demonstration. For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate, before application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone. In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under §C(1), of this regulation, he shall obtain a treatment or disposal permit under COMAR 26.13.07.02—.19. The Secretary will specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in §C(3) of this regulation. Any field test or laboratory analysis conducted in order to make a demonstration under §C(1) of this regulation shall: Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including the: Characteristics of the waste (including the presence of constituents in COMAR 26.13.02.24); Climate in the area; Topography of the surrounding area; Characteristics of the soil in the treatment zone (including depth); and Operating practices to be used at the unit; Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and Be conducted in a manner that protects human health and the environment considering: The characteristics of the waste to be tested; The operating and monitoring measures taken during the course of the test; The duration of the test; The volume of waste used in the test; In the case of field tests, the potential for migration of hazardous constituents to ground water or surface water. Design and Operating Requirements. The Secretary will specify in the facility permit how the owner or operator will design, construct, operate, and maintain the land treatment unit in compliance with this section. The owner and operator shall design, construct, operate, and maintain the unit to maximize the degradation, transformation, and immobilization of hazardous constituents in the treatment zone. The owner or operator shall design, construct, operate, and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under §C of this regulation. At a minimum, the Secretary will specify the following in the facility permit: The rate and method of waste application to the treatment zone; Measures to control soil pH; Measures to enhance microbial or chemical reactions (for example, fertilization, tilling); and Measures to control the moisture content of the treatment zone. The owner or operator shall design, construct, operate, and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 25-year storm. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Collection and holding facilities (for example, tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system. If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal. The owner or operator shall inspect the unit weekly and after storms to detect evidence of: Deterioration, malfunctions, or improper operation of run-on and run-off control systems; and Improper functioning of wind dispersal control measures. Reserved. Food-Chain Crops. The Secretary may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the condition of this section. The Secretary will specify in the facility permit the specific food-chain crops which may be grown. The owner or operator shall demonstrate that there is no substantial risk to human health caused by the growth of these crops in or on the treatment zone by demonstrating, before the planting of the crops, that hazardous constituents other than cadmium will not: Be transferred to the food or feed portions of the crop by plant uptake or direct contact, and will not otherwise be ingested by food-chain animals (for example, by grazing); or Occur in greater concentrations in or on the food or feed portions of crops grown on the treatment zone than in or on identical portions of the same crops grown on untreated soils under similar conditions in the same region. The owner or operator shall make the demonstration required under §G(2) of this regulation before the planting of crops at the facility for all constituents identified in COMAR 26.13.02.24 that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone. In making a demonstration under §G(2), of this regulation, the owner or operator may use field tests, greenhouse studies available data, or, in the case of existing units, operating data, and shall: Base the demonstration on conditions similar to those present in the treatment zone, including soil characteristics (for example, pH, cation exchange capacity), specific wastes, application rates, application methods, and crops to be grown; and Describe the procedures used in conducting any tests, including the sample selection criteria, sample size, analytical methods, and statistical procedures. If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration required under §G(2), of this regulation, he shall obtain a permit for conducting these activities. The owner or operator shall comply with the following conditions if cadmium is contained in wastes applied to the treatment zone: The pH of the waste and soil mixture shall be 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less; The annual application of cadmium from waste may not exceed 0.5 kilograms per hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or root crops grown for human consumption; for other food-chain crops, the annual cadmium application rate may not exceed: The cumulative application of cadmium from waste may not exceed 5 kg/ha if the waste and soil mixture has a pH of less than 6.5; and If the waste and soil mixture has a pH of 6.5 or greater or is maintained at a pH of 6.5 or greater during crop growth, the cumulative application of cadmium from waste may not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is less than 5 meg/100g; 10 kg/ha if soil CEC is 5-15 meg/100g; and 20 kg/ha if soil CEC is greater than 15 meg/100g; or Animal feed shall be the only food-chain crop produced: The pH of the waste and soil mixture shall be 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later, and this pH level shall be maintained whenever food-chain crops are grown. There shall be an operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans. The operating plan shall describe the measures to be taken to safeguard against possible health hazards from cadmium entering the food-chain, which may result from alternative land uses. Future property owners shall be notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food-chain crops may not be grown except in compliance with §G(5)(e) of this regulation. Reserved. Unsaturated Zone Monitoring. An owner or operator subject to this regulation shall establish an unsaturated zone monitoring program to discharge the following responsibilities: Monitoring. The owner or operator shall monitor the soil and soil-pore liquid to determine whether hazardous constituents migrate out of the treatment zone. The Secretary will specify the hazardous constituents to be monitored in the facility permit. The hazardous constituents to be monitored are those specified under §B(2) of this regulation. The Secretary may require monitoring for principal hazardous constituents (PHCs) instead of the constituents specified under §B(2) of this regulation. PHCs are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Secretary will establish PHCs if he finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the PHCs will assure treatment at, at least, equivalent levels for the other hazardous constituents in the wastes. Installation of System. The owner or operator shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that: Represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and Indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone. Establishment of Background Value. The owner or operator shall establish a background value for each hazardous constituent to be monitored under §I(1) of this regulation. The permit will specify the background values for each constituent or specify the procedures to be used to calculate the background values. Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone. Background soil-pore liquid values shall be based on at least quarterly sampling for 1 year at a background plot having characteristics similar to those of the treatment zone. The owner or operator shall express all background values in a form necessary for the determination of statistically significant increases under §I(6). In taking samples used in the determination of all background values, the owner or operator shall use an unsaturated zone monitoring system that complies with §I(2)(a) of this regulation. The owner or operator shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The Secretary will specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the frequency, timing, and rate of waste application, and the soil permeability. The owner or operator shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under §I(6). The owner or operator shall use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil below the treatment zone. At a minimum, the owner or operator shall implement procedures and techniques for: Sample collection; Sample preservation and shipment; Analytical procedures; and Chain of custody control. Background Values. The owner or operator shall determine whether there is a statistically significant change over background values for any hazardous constituent to be monitored under §I(1) of this regulation, below the treatment zone each time he conducts soil monitoring and soil-pore liquid monitoring under §I(4) of this regulation. In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value of each constituent, as determined under §I(4), of this regulation, to the background value for that constituent according to the statistical procedure specified in the facility permit under this paragraph. The owner or operator shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The Secretary will specify that time period in the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples. The owner or operator shall determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The Secretary will specify a statistical procedure in the facility permit that he finds: Is appropriate for the distribution of the data used to establish background values; and Provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone. If the owner or operator determines, pursuant to §I(6), of this regulation, that there is a statistically significant increase of hazardous constituents below the treatment zone, he shall: Notify the Secretary of this finding in writing within 7 days. The notification shall indicate what constituents have shown statistically significant increases. Within 90 days, submit to the Secretary an application for a permit modification to modify the operating practices at the facility in order to maximize the success of degradation, transformation, or immobilization processes in the treatment zone. If the owner or operator determines, pursuant to §I(6), that there is a statistically significant increase of hazardous constituents below the treatment zone, he may demonstrate that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or instead of, submitting a permit modification application under §I(7)(b), of this regulation, he is not relieved of the requirement to submit a permit modification application within the time specified in §I(7)(b) unless the demonstration made under this subsection successfully shows that a source other than the regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this subsection, the owner or operator shall: Notify the Secretary in writing within 7 days of determining a statistically significant increase below the treatment zone that he intends to make a determination under this subsection; Within 90 days, submit a report to the Secretary demonstrating that a source other than the regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation; Within 90 days, submit to the Secretary an application for a permit modification to make any appropriate changes to the unsaturated zone monitoring program at the facility; and Continue to monitor in accord with the unsaturated zone monitoring program established under this section. Recordkeeping. The owner or operator shall include hazardous waste application dates and rates in the operating record required under Regulation .05D of this chapter. Closure and Post-Closure Care. During the closure period the owner or operator shall: Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of hazardous constituents within the treatment zone as required under §D(1), of this regulation, except to the extent these measures are inconsistent with §K(1)(h) of this regulation; Continue all operations in the treatment zone to minimize run-off of hazardous constituents as required under §D(2) of this regulation; Maintain the run-on control system required under §D(3) of this regulation; Maintain the run-off management system required under §D(4) of this regulation; Control wind dispersal of hazardous waste required under §D(6) of this regulation; Continue to comply with any prohibition or conditions concerning growth of food-chain crops under §G of this regulation; Continue unsaturated zone monitoring in compliance with §I, of this regulation, except that soil-pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone; and Establish a vegetative cover on the portion of the facility being closed at such time that the cover does not substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone. The vegetative cover shall be capable of maintaining growth without extensive maintenance. For the purpose of complying with Regulation .07F, when closure is completed the owner or operator may submit to the Secretary certification by an independent qualified soil scientist, instead of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan. During the post-closure care period the owner or operator shall: Continue all operations, including pH control, necessary to enhance degradation and transformation and sustain immobilization of hazardous constituents in the treatment zone to the extent that these measures are consistent with other post-closure care activities; Maintain a vegetative cover over closed portions of the facility; Maintain the run-on control system required under §D(3) of this regulation; Maintain the run-off management system required under §D(4) of this regulation; Control wind dispersal of hazardous waste if required under §D(6) of this regulation; Continue to comply with any prohibitions or conditions concerning growth of food-chain crops under §G of this regulation; and Continue unsaturated zone monitoring in compliance with §I of this regulation, except that soil-pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone. The owner or operator is not subject to regulation under §K(1)(h) and (3) of this regulation, if the Secretary finds that the level of hazardous constituents in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in §K(4)(c) of this regulation. The owner or operator may submit a demonstration to the Secretary at any time during the closure or post-closure periods. For the purposes of this subsection: The owner or operator shall establish background soil values and determine whether there is a statistically significant increase over those values for all hazardous constituents specified in the facility permit under §B(2). This includes the following: Background soil values may be based on a one-time sampling of a background plot having characteristics similar to those of the treatment zone; The owner or operator shall express background values and values for hazardous constituents in the treatment zone in a form necessary for the determination of statistically significant increases under §K(4)(c) of this regulation. In taking samples used in the determination of background and treatment zone values, the owner or operator shall take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively. In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value of each constituent in the treatment zone to the background value for that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator shall use a statistical procedure that: Is appropriate for the distribution of the data used to establish background values; and Provides a reasonable balance between the probability of falsely identifying hazardous constituent presence in the treatment zone and the probability of failing to identify real presence in the treatment zone. The owner or operator is not subject to regulation under Regulations .06—.06-7 of this chapter if the Secretary finds that the owner or operator satisfied §K(4) of this regulation and if unsaturated zone monitoring under §I of this regulation indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of the land treatment unit. Special Requirements for Ignitable or Reactive Waste. The owner or operator may not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of 40 CFR Part 268, and the waste is: Immediately incorporated into the soil so that: The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under COMAR 26.13.02.11 or .13, and Regulation .02H(2) of this chapter is complied with; or Managed in such a way that it is protected from any material or conditions which may cause it to ignite or react. Special Requirements for Incompatible Wastes. The owner or operator may not place incompatible wastes, or incompatible wastes and materials (see Regulation .24, of this chapter, for examples), in or on the same treatment zone, unless Regulation .02H(2) of this regulation is complied with. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027. Hazardous Wastes F020, F021, F022, F023, F026, and F027 may not be placed in a land treatment unit unless the owner or operator operates the facility in accordance with a management plan for these wastes that is approved by the Secretary under the standards set out in this section, and in accord with all other applicable requirements of this chapter. The factors to be considered are: The volume, physical, and chemical characteristics of the wastes including their potential to migrate through soil or to volatilize or escape into the atmosphere; The attenuative properties of underlying and surrounding soils or other materials; The mobilizing properties of other materials co-disposed with these wastes; and The effectiveness of additional treatment, design, or monitoring techniques. The Secretary may determine that additional design, operating, and monitoring requirements are necessary for land treatment facilities managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. Applicability. This regulation applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as Regulation .01 of this chapter provides otherwise. Design and Operating Requirements. Any landfill not covered by §B(3) of this regulation or COMAR 26.13.06.22C shall have a liner system for all portions of the landfill, except for existing portions of the landfill. The liner system shall: Have a liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at any time during the active life, including the closure period, of the landfill. The liner shall be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner shall be: Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients, including static head external hydrogeologic forces, physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation; Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and Located entirely above natural seasonal high water table. Minimal distance will be specified by the Secretary in the permit. Have a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The Secretary will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (1 foot). The leachate collection and removal system shall be: Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and Designed and operated to function without clogging through the scheduled closure of the landfill. Be located in a geohydrologic setting which is compatible with hazardous waste land disposal as determined by the Secretary. Compatibility criteria shall include but not be limited to the: Attenuative capacity of the in-situ soils; Hydraulic conductivity of the in-situ soils; Thickness and classification of in-situ soils; and Water table surface or potentiometric surface of each aquifer within 50 feet of the facility boundaries. The owner or operator will be exempted from the requirements of §B(1) of this regulation if the Secretary finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see Regulation .06-1B of this chapter) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Secretary shall consider: The nature and quantity of the wastes; The proposed alternate design and operation; The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface waters; and All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water. The owner or operator of each new landfill, each new landfill unit at an existing facility, each replacement of an existing landfill unit, and each lateral expansion of an existing landfill unit, shall install two or more liners and a leachate collection and removal system above and between the liners, subject to the following: The liners and leachate collection systems shall protect human health and the environment; The liner system shall include: A top liner designed, operated, and constructed of materials to prevent the migration of any constituent into the liner during the period the facility remains in operation, including any post-closure monitoring period; and A composite bottom liner, consisting of at least two components, that satisfies the requirements of §B(3)(c) and (d) of this regulation; The upper component of a composite bottom liner shall be designed and constructed to prevent the migration of any constituent into the upper component during the active life of the landfill and the post-closure care period; The lower component of a composite bottom liner shall be: Designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur; and Constructed of at least a 3-foot thick layer of recompacted clay or other natural material with a hydraulic conductivity of no more than 1 x 10-7 centimeter per second; The liners shall meet the requirements of §B(1)(a) of this regulation; and The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained: To collect and remove leachate from the landfill during the active life and post-closure care period; In accordance with conditions specified by the Department in the facility permit to ensure that the leachate depth over the liner does not exceed 30 centimeters (1 foot); and In compliance with the requirements of 40 CFR §264.301(c)(3)(iii) and (iv), and the requirements of §D of this regulation. The Secretary may approve substitution of alterative design and operating practices for the requirements of §B(3) of this regulation if the owner or operator demonstrates to the Secretary that alternative design and operating practices, together with location characteristics, will: Prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in §§B(3) and D of this regulation; and Allow detection of leaks of hazardous constituents through the top liner at least as effectively as the leak detection system required by §D(2) of this regulation. The double liner requirement set forth in §B(3) of this regulation may be waived by the Secretary for any monofill, if: The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and these wastes do not contain constituents which would render the wastes hazardous for reasons other than exhibiting the toxicity characteristic in COMAR 26.13.02.14 for one or more of EPA hazardous waste numbers D004—D017; and One of the following applies: The monofill has at least one liner for which there is no evidence that the liner is leaking, the monofill is located more than 1/4 mile from an underground source of drinking water, as defined in 40 CFR §144.3, and the monofill is in compliance with generally applicable ground water monitoring requirements for facilities with permits under COMAR 26.13.07; or The owner or operator demonstrates that the monofill is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Collection and holding facilities (for example, tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system. If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the landfill to control wind dispersal. The Secretary will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied. Monitoring and Inspection. The owner or operator shall: Inspect, during construction or installation, liners, except in the case of existing portions of liners exempt from §B of this regulation, and cover systems such as membranes, sheets, or coatings for uniformity, damage, and imperfections, such as holes, cracks, thin spots, or foreign materials; Inspect, immediately after construction or installation: Synthetic liners and covers to ensure tight seams and joints and the absence of tears, punctures, or blisters; and Soil-based and admixed liners and covers for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover; While a landfill is in operation, inspect the landfill weekly and after storms to detect evidence of any of the following: Deterioration, malfunctions, or improper operation of run-on and run-off control systems; The presence of liquids in leak detection systems; Proper functioning of wind dispersal control system, when present; and The presence of leachate in and proper functioning of leachate collection and removal systems, when present; and For a landfill required to have a leak detection system under §B(3) or (4) of this regulation: During the active life and closure period of the landfill, record the amount of liquids removed from each leak detection sump at least once each week; and After the final cover is installed, record the amount of liquid removed from each leak detection system sump in accordance with the schedule specified in 40 CFR §264.303(c), substituting “Secretary” for “Regional Administrator”. Leachate Collection and Removal System and Leak Detection. This section establishes requirements for a leachate collection and removal system required by §B(3) of this regulation. A leachate collection and removal system identified in §D(1) of this regulation is: Also a leak detection system; and Required to be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. Except as provided in §B(4) of this regulation, the owner or operator shall ensure that a leak detection system is, at a minimum, designed, constructed, and operated in compliance with the requirements of 40 CFR §264.301(c)(3)(i)—(v), (4), and (5). Action Leakage Rate. This section establishes requirements concerning the maximum design flow rate that the leak detection system required by §B(3) or (4) of this regulation can remove without the fluid level on the bottom of the liner exceeding 1 foot. For the purposes of this section, “action leakage rate” means the maximum design flow rate described in §E(1) of this regulation. The owner or operator shall provide the Department with information that the Department considers necessary for the specification of a valid action leakage rate that incorporates an adequate margin of safety to allow for uncertainties, as described in §E(4) of this regulation. For a landfill subject to §B(3) of this regulation, the Department shall specify an action leakage rate that: Includes an adequate safety margin, considering: Uncertainties in the design, construction, operation, and location of the leak detection system; The characteristics of the waste and leachate; The likelihood that other sources may contribute to liquids in the leak detection system, and the amounts of these liquids from other sources; and Proposed response actions; and If exceeded, obligates the owner or operator to respond as provided in §F of this regulation. To determine if the action leakage rate has been exceeded, the owner or operator shall: Convert the weekly or monthly flow rate from the monitoring data obtained in accordance with §C(4) of this regulation to an average daily flow rate in gallons per acre per day for each sump; and Unless the Department approves a different calculation, calculate the average daily flow rate for each sump: Each week, during the active life and closure period; and Monthly during the post-closure care period if monthly monitoring is required under 40 CFR §264.303(c). Response Action Plan. Before managing waste in a landfill subject to §B(3) or (4) of this regulation, the owner or operator shall: Develop a response action plan that: Specifies the actions that will be taken if the action leakage rate has been exceeded; and Meets the requirements of §F(2) of this regulation; and Obtain the approval of the Department for the response action plan. The owner or operator shall ensure that the response action plan: At a minimum, describes the actions specified in 40 CFR §264.304(b), except that, in complying with 40 CFR §264.304(b), the owner or operator shall substitute “the Department” for “the Regional Administrator”; and Incorporates the procedures in 40 CFR §264.304(c). If the action leakage rate specified under §E of this regulation is exceeded, the owner or operator shall respond as specified in the approved response action plan. (Reserved) Surveying and Record keeping. The owner or operator of a landfill shall maintain the following items in the operating record required under Regulation .05D: On a map, the exact location and dimensions, including depth of each cell with respect to permanently surveyed benchmarks; and The contents of each cell and the approximate location of each hazardous waste type within each cell. Closure and Post-Closure Care. At final closure of the landfill or upon closure of any cell the owner or operator shall cover the landfill or cell with a final cover designed and constructed to: Provide long-term minimization of migration of liquids through the closed landfill; Function with minimum maintenance; Promote drainage and minimize erosion or abrasion of the cover; Accommodate settling and subsidence so that the cover's integrity is maintained; and Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present. After final closure, the owner or operator shall comply with all post-closure requirements, contained in Regulation .07G—J of this chapter, including maintenance and monitoring throughout the post-closure care period. The owner or operator shall: Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events; Continue to operate the leachate collection and removal system: During post-closure period; or Until leachate is no longer detected; Maintain and monitor the ground water monitoring system and comply with all other applicable requirements of Regulations .06—.06-7 of this chapter; Prevent run-on and run-off from eroding or otherwise damaging the final cover; Protect and maintain surveyed benchmarks used in complying with §I of this regulation; Maintain and monitor the leak detection system in accordance with 40 CFR §264.301(c)(3)(iv) and §C(4) of this regulation; and Comply with all applicable leak detection system requirements of this chapter. Reserved. Special Requirements for Ignitable or Reactive Waste. Except as provided in §L(1)(b) of this regulation, a person may not place ignitable or reactive waste in a landfill, unless the waste is treated, rendered, or mixed before or immediately after placement in the landfill so that: The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under COMAR 26.13.02.11 or .13; and Regulation .02H(2) of this chapter is complied with. Except for prohibited wastes as described in COMAR 26.13.09.02B that remain subject to treatment standards in 40 CFR Part 268, Subpart D, a person may place a container of an ignitable waste in a landfill without meeting the requirements of §L(1) of this regulation if the waste is: Disposed of in a manner that protects the waste from any materials or conditions that may cause the waste to ignite; Contained within a nonleaking container; Carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the waste; Covered daily with soil or other noncombustible material to minimize the potential for ignition of the waste; and Not disposed of in cells that contain or will contain other wastes that that may generate heat sufficient to cause ignition of the waste. Special Requirements for Incompatible Wastes. Incompatible wastes, or incompatible wastes and materials (see Regulation .24 of this chapter for example), may not be placed in the same landfill cell, unless Regulation .02H(2) of this chapter is complied with. Special Requirements for Liquid Waste. Liquids in Landfills Prohibition. A person may not place waste which contains free liquids in a landfill, including bulk waste, non-containerized waste, or waste in containers. The prohibition of §N(1)(a) of this regulation applies regardless of whether sorbents have been added to the waste. To demonstrate the absence or presence of free liquids, a person shall use Method 9095, Paint Filter Liquids Test, as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). A person may not use a sorbent to eliminate free liquids from a waste that is to be disposed of in a landfill unless the sorbent meets the requirements of 40 CFR §264.314(d). Special Requirements for Containers. Unless the containers are very small, such as ampules, an owner or operator shall ensure that containers are: At least 90 percent full when placed in a landfill; or Crushed, shredded, or similarly reduced in volume to the maximum extent practicable before burial in a landfill. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027. Hazardous Wastes F020, F021, F022, F023, F026, and F027 may not be placed in a landfill unless the owner or operator operates the landfill in accord with a management plan for these wastes that is approved by the Secretary under the standards set out in this section, and in accord with all other applicable requirements of this chapter. The factors to be considered are: The volume, physical, and chemical characteristics of the wastes including their potential to migrate through the soil or to volatilize or escape into the atmosphere; The attenuative properties of underlying and surrounding soils or other materials; The mobilizing properties of other materials co-disposed with these wastes; and The effectiveness of additional treatment, design, or monitoring requirements. The Secretary may determine that additional design, operating, and monitoring requirements are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. Definitions. As used in this regulation and in COMAR 26.13.07.22, the following terms have the meanings indicated. “Acute hazardous waste” means hazardous waste that is classified pursuant to COMAR 26.13.02.19 as acute hazardous waste, except for quantities that satisfy the small quantity exclusion in COMAR 26.13.02.05C. “Electric generating station” means a fuel burning facility constructed or operated by an electric company that provides electric energy for public consumption and whose activities are controlled by the Public Service Commission under Article 78, Annotated Code of Maryland. “Installation” means any article, machine, equipment, or other contrivance, including, but not limited to, emission control equipment, processing equipment, manufacturing equipment, fuel burning equipment, incinerators, or any equipment or construction, capable of generating, causing, or reducing emissions, as defined in COMAR 26.11.01.01B(19). “Installation that has an air quality permit to operate” means an installation subject to COMAR 26.11.02.13 for which an air quality permit to operate has been issued. “Small quantity hazardous waste” means hazardous waste that satisfies the small quantity exclusion at COMAR 26.13.02.05C, except for polychlorinated biphenyls (PCBs). Applicability. This regulation applies to owners and operators of installations used to thermally destroy hazardous waste, except as Regulation .01 of this chapter provides otherwise. The following facility owners and operators are examples of persons considered to thermally destroy hazardous waste: Owners or operators of hazardous waste incinerators as defined by COMAR 26.13.01.03; or Owners or operators who burn hazardous waste in boilers or in industrial furnaces in order to destroy the wastes. After consideration of the waste analysis included with the permit application, the Department, in establishing the permit conditions, will exempt the applicant from all requirements of this regulation except §§C, D, F(3), (4) and (5), H, and L if the: Department finds that the waste to be burned is: Listed as a hazardous waste in COMAR 26.13.02.15—.19 solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; Listed as a hazardous waste in COMAR 26.13.02.15—.19 solely because it is reactive (Hazard Code R) for characteristics other than those listed in COMAR 26.13.02.13A(4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; A hazardous waste solely because it possesses the characteristics of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under COMAR 26.13.02.11—.13; or A hazardous waste solely because it possesses any of the reactivity characteristics described by COMAR 26.13.02.13A(1)—(3) and (6)—(8), and will not be burned when other hazardous wastes are present in the combustion zone; and Waste analysis shows that the waste contains none of the hazardous constituents listed in COMAR 26.13.02.24, which would reasonably be expected to be in the waste. If the waste to be burned is one which is described by §B(2)(a)(i), (ii), (iii), or (iv) of this regulation, and contains insignificant concentration of the hazardous constituents listed in COMAR 26.13.02.24, then the Department may, in establishing permit conditions, exempt the applicant from all requirements of this regulation except §§C, D, F(3)—(5), H, and L, of this regulation, after consideration of the waste analysis included with the permit application, unless the Department finds that the waste will pose a threat to human health and the environment when burned in an incinerator. The owner or operator of a hazardous waste incinerator may conduct trial burns subject only to the requirements of COMAR 26.13.07.17. General Requirements. Notwithstanding any other provision of this subtitle, a person who thermally destroys hazardous waste is subject to the requirements of this regulation. A person shall thermally destroy hazardous waste in accordance with the provisions of §C(2)—(4), of this regulation. Except for small quantity hazardous waste, the following hazardous waste, if thermally destroyed, shall be thermally destroyed only in a hazardous waste incinerator that has been permitted under COMAR 26.13.07.02—.20 to thermally destroy hazardous waste: Acute hazardous waste. Hazardous waste, with a heating value of less than 6,000 Btu/lb. Hazardous waste with a heating value of 6,000 Btu/lb. or greater, not used as a fuel for heat energy recovery, and containing material listed in COMAR 26.13.02.24. Hazardous waste with a heating value of 6,000 Btu/lb. or greater containing a constituent or constituents having a heating value of less than 6,000 Btu/lb. unless the: Applicant demonstrates to the satisfaction of the Department that it is unnecessarily costly to separate the waste; and Hazardous waste with a heating value of 6,000 Btu/lb. or greater does not contain more than 1 percent by volume of the constituent or constituents having a heating value of less than 6,000 Btu/lb. except that if the constituents having a heating value of less than 6,000 Btu/lb. is primarily water the volume may be greater than 1 percent. However, the Department reserves the right to limit the amount of water present in the hazardous waste to be thermally destroyed such that the flame temperature is not reduced to a level where incomplete combustion of the hazardous waste may be expected. Hazardous waste or hazardous waste mixtures that the Department determines will create a public health or environmental hazard. All other hazardous waste, if thermally destroyed, may be thermally destroyed in: A hazardous waste incinerator permitted under COMAR 26.13.07.02—.20; or Any of the following installations that have a limited facility permit under COMAR 26.13.07.22: Industrial furnaces identified in COMAR 26.13.01; and Boilers, as defined in COMAR 26.13.01, that are identified as industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or utility boilers used to produce electric power, steam, heated or cooled air or other gases or fluids for sale. A hazardous waste may not be thermally destroyed in a manner inconsistent with the provision contained in COMAR 26.13.10.02B(3). The requirements of the Federal Toxic Substances Control Act, 15 U.S.C. §2505(e) (TOSCA), and regulations adopted under that Act, 40 CFR §761, shall take precedence over the requirements of this regulation concerning polychlorinated biphenyls (PCBs), to the extent that there is any inconsistency between them. A person may not thermally destroy PCBs except in compliance with the Toxic Substances Control Act, 15 U.S.C. 2601 (TOSCA), and COMAR 26.13.07. Waste Analysis. As a portion of the trial burn plan required by COMAR 26.13.07.17B, or with the permit application, the owner or operator shall include an analysis of the waste feed sufficient to provide all information required by COMAR 26.13.07.02-6 and .17B. Owners or operators of new hazardous waste incinerators shall provide the information required by COMAR 26.13.07.17C to the greatest extent possible. Throughout normal operation the owner or operator shall conduct sufficient waste analysis to verify that waste feed to the hazardous waste incinerator is within the physical and chemical composition limits specified in his permit under §H(2) of this regulation. Principal Organic Hazardous Constituents (POHCs). Principal Organic Hazardous Constituents (POHCs) in the waste feed shall be treated to the extent required by the performance standard of §F of this regulation. One or more POHCs will be specified in the facility's permit from among those constituents listed in COMAR 26.13.02.24, for each waste feed to be burned. This specification will be based on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with the facility's permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present in large quantities or concentrations in the waste. Trial POHCs will be designated for performance of trial burns in accordance with the procedure specified in COMAR 26.13.07.17B for obtaining trial burn permits. Performance Standards. A hazardous waste incinerator burning hazardous waste shall be designed, constructed, and maintained so that when operated in accordance with operating requirements specified under §H of this regulation, it will meet the following performance standards: Destruction and Removal Efficiency. Except as provided in §F(1)(b) of this regulation, it shall achieve a destruction and removal efficiency (DRE) of 99.99 percent for each principal organic hazardous constituent (POHC) designated under §E, of this regulation, in its permit for each waste feed. DRE is determined for each POHC from the following equation: An incinerator burning hazardous wastes F020, F021, F022, F023, F026, and F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999 percent for each principal organic hazardous constituent (POHC) designated under §E of this regulation in its permit. This performance shall be demonstrated on POHCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in §F(1)(a) of this regulation. In addition, the owner or operator of the incinerator shall notify the Secretary of his intent to incinerate hazardous wastes F020, F021, F022, F023, F026, and F027. When producing stack emissions of more than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl), it shall control HCl emissions such that the rate of emission is not greater than the larger of either 1.8 kilograms per hour or 1 percent of the HCl in the stack gas prior to entering any pollution control equipment. It may not emit particulate matter in excess of 68.7 milligrams per dry standard cubic meter (0.030 grain per dry standard cubic foot) when corrected as provided for at COMAR 26.11.08.05. Visible Emissions Standard. A person may not cause or permit the discharge of emissions from a hazardous waste incinerator that violate the visible emissions standards in COMAR 26.11.08.04. A person may apply for an exception to the visible emission standard in §F(4)(a) of this regulation, using the procedures in COMAR 26.11.01.08. As provided in COMAR 26.11.08, hazardous waste incinerators are subject to all applicable substantive requirements of COMAR 26.11.02.12 for New Source Review (NSR) and Prevention of Significant Deterioration (PSD) Sources. For purposes of permit enforcement, compliance with the operating requirements specified in the permit under §H, of this regulation, will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be information justifying modification, revocation, or reissuance of a permit under COMAR 26.13.07.11 or .20—.20-6. Hazardous Waste Incinerator Permits. The owner or operator of a hazardous waste incinerator shall burn only wastes specified in his permit and only under operating conditions specified for those wastes under §H of this regulation, except: In approved trial burns under COMAR 26.13.07.17B; or Under exemptions created by §B of this regulation. Other hazardous wastes shall be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes shall be based on either trial burn results or alternative data included with a permit application. The permit for a new hazardous waste incinerator shall establish appropriate conditions for each of the applicable requirements of this section, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of §H, of this regulation, sufficient to comply with the following standards: For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in §G(3)(b), of this regulation, not to exceed a duration of 720 hours operating time for incineration of hazardous waste, the operating requirements shall be those most likely to ensure compliance with the performance standards of §F, of this regulation, based on the Department's engineering judgment. The Department may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant. For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the performance standards of §F of this regulation, and shall be in accordance with the approved trial burn plan. For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Department, the operating requirements shall be those most likely to ensure compliance with the performance standards of §F based on the Department's engineering judgment. For the remaining duration of the permit, the operating requirements shall be those demonstrated, in a trial burn or by alternative data specified in the permit application, as sufficient to ensure compliance with the performance standards of §F of this regulation. Operating Requirements. A hazardous waste incinerator shall be operated in accordance with operating requirements specified in the permits. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in §G(2) of this regulation, and included in a facility's permit application) to be sufficient to comply with the performance standards of §F of this regulation. Each set of operating requirements will specify the composition of the waste feed, including acceptable variations in the physical or chemical properties of the waste feed which do not affect compliance with the performance requirements of §F ,of this regulation, to which the operating requirements apply. For such waste feed, the permit will specify acceptable operating limits including the following conditions: Carbon monoxide (CO) level in the stack exhaust gas; Waste feed rate; Combustion temperature; An appropriate indicator of combustion gas velocity; Allowable variations in incinerator system design or operating procedures; and Such other operating requirements as are necessary to ensure that the performance standards of §F are met. During start-up and shut-down of a hazardous waste incinerator, hazardous waste, except wastes exempted in accordance with §B, of this regulation, may not be fed into the incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified in the permit. Fugitive emissions from the combustion zone shall be controlled by: Keeping the combustion zone totally sealed against fugitive emissions; Maintaining a combustion zone pressure lower than atmospheric pressure; or An alternate means of control demonstrated (with the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. A hazardous waste incinerator shall be operated with a functioning system to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under §H(1) of this regulation. A hazardous waste incinerator shall cease operation when changes in waste feed, incinerator design, or operating conditions exceed limits designated in its permit. Monitoring and Inspections. The owner or operator shall conduct, as a minimum, the following monitoring while incinerating hazardous waste: Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility permit shall be monitored on a continuous basis; CO shall be monitored on a continuous basis at a point in the hazardous waste incinerator downstream of the combustion zone and before release to the atmosphere; Upon request by the Department, sampling and analysis of the waste and exhaust emissions shall be conducted to verify that the operating requirements established in the permit achieve the performance standards of §F of this regulation. The hazardous waste incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be subjected to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions, and signs of tampering. The emergency waste feed cutoff system and associated alarms shall be tested at least weekly to verify operability, unless the applicant demonstrates to the Department that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operational testing shall be conducted at least monthly. This monitoring and inspection data shall be recorded and the records shall be placed in the operating log required by Regulation .05D of this chapter. (Reserved) Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters, and scrubber sludges) from the incinerator site. Existing Hazardous Waste Incinerators. Not later than 6 months after the effective date of this regulation, the owner or operator of any existing hazardous waste incinerator shall submit a completed permit application for that hazardous waste incinerator, as provided for in COMAR 26.13.07.02—.19, or cease to operate the incinerator. Applicability. The requirements in this regulation apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as Regulation .01 of this chapter provides otherwise. Environmental Performance Standards. A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate: Design and operating requirements; Detection and monitoring requirements; Requirements for responses to releases of hazardous waste or hazardous constituents from the unit; and All applicable requirements of Regulations .09 — .14 and .16 of this chapter, and COMAR 26.13.07 that are appropriate for the miscellaneous unit being permitted. For the purposes of §B(2), of this regulation, protection of human health and the environment includes, but is not limited to, prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in: The ground water or subsurface environment, considering the: Volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures; Hydrologic and geologic characteristics of the unit and the surrounding area; Existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water; Quantity and direction of ground water flow; Proximity to and withdrawal rates of current and potential ground water users; Patterns of land use in the region; Potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation; Potential for health risks caused by human exposure to waste constituents; and Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; Surface water, wetlands, or on the soil surface, considering the: Volume and physical and chemical characteristics of the waste in the unit; Effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration; Hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit; Patterns of precipitation in the region; Quantity, quality, and direction of ground water flow; Proximity of the unit to surface waters; Current and potential uses of nearby surface waters and any water quality standards established for those surface waters; Existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils; Patterns of land use in the region; Potential for health risks caused by human exposure to waste constituents; and Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; The air, considering the: Volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates; Effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air; Operating characteristics of the unit; Atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area; Existing quality of the air, including other sources of contamination and their cumulative impact on the air; Potential for health risks caused by human exposure to waste constituents; and Potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents. Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action. Monitoring, testing, analytical data, inspection, response, and reporting procedures and frequencies shall ensure compliance with Regulations .02F, .03D, .05F—H, .06-7, and .16-1B of this chapter, as well as meet any additional requirements needed to protect human health and the environment as specified in the permit. Post-Closure Care. A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with §B of this regulation during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of §B of this regulation during post-closure care. The post-closure plan under Regulation .07H of this chapter shall specify the procedures that will be used to satisfy this requirement. Applicability. The requirements of this regulation and Regulations .17-2—.17-4 of this chapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water run-off to an associated collection system. For the purposes of this regulation and Regulations .17-2—.17-4 of this chapter: “Existing drip pad” means a drip pad which is used to manage hazardous waste: Having a waste code of F032 which has been constructed before December 6, 1990; Having a waste code of F032 and for which the owner or operator had a design and had entered into binding financial or other agreements for construction before December 6, 1990; or That is not used to manage waste with waste code F032, and which either has been constructed by September 10, 1997, or the owner or operator had a design and had entered into binding financial or other agreements for construction before September 10, 1997; and “New drip pad” means a drip pad that is not an existing drip pad. Requirement for Leak Collection System. For a drip pad used to manage hazardous waste: Having waste code F032, the requirement of Regulation .17-2C(6) and (7) of this chapter to install a leak collection system applies only if: The drip pad is constructed after December 24, 1992, except for a drip pad constructed after December 24, 1992 for which the owner or operator had a design and had entered into binding financial or other agreements for construction before December 24, 1992; and The owner or operator has not complied with the requirements of Regulation .17-2A(2) of this chapter concerning drip pad permeability; That is not used to manage waste with waste code F032, the requirement of Regulation .17-2C(6) and (7) of this chapter to install a leak collection system applies only to a drip pad: That is constructed after September 10, 1997, except for a drip pad constructed after September 10, 1997 for which the owner or operator had a design and had entered into binding financial or other agreements for construction before September 10, 1997; and For which the owner or operator has not complied with the requirements of Regulation .17-2A(2) of this chapter concerning drip pad permeability. The owner or operator of a drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under Regulation .17-2D(3)(a) or (b) of this chapter, as appropriate. The requirements of this regulation and Regulations .17-2—.17-4 of this chapter are not applicable to the management of infrequent and incidental drippage in storage yards if the owner or operator: Maintains and complies with a written contingency plan that describes what actions the owner or operator shall take to immediately respond to the discharge of infrequent and incidental drippage; Implements the contingency plan required by §A(5)(a) of this regulation within: One consecutive working day of the occurrence of the drippage when the facility is in operation and is treating wood; or 72 hours of the occurrence when the facility is not in operation and is not treating wood; and Assures that, at a minimum, the contingency plan required by §A(5)(a) of this regulation describes how the owner or operator will: Clean up the drippage; Document the cleanup of the drippage; Retain documents regarding cleanup for 3 years; and Manage the contaminated media resulting from infrequent and incidental drippage in a manner consistent with applicable laws and regulations. Assessment of Existing Drip Pad Integrity. Evaluation of Existing Drip Pad. The owner or operator shall: Evaluate each existing drip pad, as defined in §A(2)(a) of this regulation, and determine whether it meets all of the requirements of this regulation and Regulations .17-2—.17-4 of this chapter, except the requirements for liners and leak detection systems of Regulation .17-2C of this chapter; Have obtained and shall keep on file at the facility a written assessment of the drip pad that documents the extent to which the drip pad meets each of the design and operating standards of Regulation .17-2 of this chapter, except for the standards for liners and leak detection systems specified in Regulation .17-2C of this chapter; Assure that the assessment required by §B(1)(b) of this regulation: Has been reviewed and certified by an independent qualified registered professional engineer that attests to the results of the evaluation; and Is reviewed, updated, and recertified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of Regulation .17-2 of this chapter are complete. Written Plan. The owner or operator of an existing drip pad, who intends to upgrade, repair, and modify the drip pad so that it meets the requirements of Regulation .17-2C of this chapter, shall: Develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of Regulation .17-2C of this chapter, and submit the plan, to the Secretary, not later than 2 years before the date that all repairs, upgrades, and modifications are scheduled to be complete; Describe in the written plan required by §B(2)(a) of this regulation all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of Regulation .17-2 of this chapter; and Have the written plan required by §B(2)(a) of this regulation reviewed and certified by an independent qualified registered professional engineer. Upon completion of all upgrades, repairs, and modifications determined to be necessary as a result of the assessment required by this section, the owner or operator shall submit, to the Secretary, the as-built drawings for the drip pad and a certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the drawings. If a drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of Regulation .17-2I of this chapter or close the drip pad in accordance with Regulation .17-4 of this chapter. Design and Installation of New Drip Pads. Except as provided in §C(2) of this regulation, the owner and operator of a new drip pad shall ensure that the pad is designed, installed, and operated in accordance with all of the requirements of Regulations .17-2—.17-4 of this chapter. The owner and operator of a new drip pad shall either: Comply with: Regulation .17-2A(2) of this chapter concerning drip pad permeability; and Regulation .17-2B of this chapter concerning assessment of the drip pad; or Install a liner and leakage detection and collection system that meets the requirements of Regulation .17-2C of this chapter. General Requirements for Existing Drip Pads. The owner or operator of an existing drip pad shall either: Comply with Regulation .17-2A(2) of this chapter concerning drip pad permeability; or Install a liner and leakage detection and collection system that meets the requirements of Regulation .17-2C of this chapter. The owner or operator of a drip pad shall ensure that: The drip pad: Is constructed of non-earthen materials, excluding wood and non-structurally supported asphalt; Is sloped to efficiently drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system; and Has a curb or berm around the perimeter; For an existing drip pad which does not satisfy the requirements of §C of this regulation, and for a new drip pad for which the owner or operator has elected to comply with this provision, as provided in Regulation .17-1C(2)(a) of this chapter, the surface material of the drip pad: Has a hydraulic conductivity of less than or equal to 1X10-7 centimeters per second by, for example, sealing, coating, or covering a concrete drip pad with a surface material with a hydraulic conductivity of less than or equal to 1X10-7 centimeters per second, so that the entire surface where drippage occurs or may run across is capable of containing the drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system; Is maintained free of cracks and gaps that could adversely affect its ability to contain liquids; and Is chemically compatible with the preservatives that contact the drip pad; and The drip pad is of sufficient structural strength and thickness to prevent failure due to: Physical contact; Climatic conditions; Stresses associated with daily operations such as vehicular traffic and movement of wood; The stress of installation; and Any other relevant factors. Written Assessment. If, as provided in Regulation .17-1C(2)(a) of this chapter, the owner or operator elects to comply with the requirements of §A(2) of this regulation, the owner or operator shall also: Obtain and keep on file at the facility a written assessment of the drip pad that evaluates the extent to which the drip pad meets the design and operating standards of this regulation, except for the requirements of §C of this regulation; and Have the assessment required by §B(1) of this regulation: Reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation; and Updated, reviewed, and recertified annually. The owner or operator of a drip pad who has chosen to install a liner and leakage detection and collection system, as provided in Regulation .17-1C(2)(b) of this chapter or Regulation .17-1D(1) of this chapter, shall ensure that the system complies with the following: A synthetic liner, which is designed, constructed, and installed to prevent leakage from the drip pad into surface water, ground water, or adjacent subsurface soil at any time during the active life and closure period of the drip pad, is installed below the drip pad; The liner required by §C(1) of this regulation is constructed of materials that will prevent waste from being absorbed into the liner and that will prevent releases into surface water, ground water, or adjacent subsurface soil during the active life of the facility; The liner required by §C(1) of this regulation is: Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to: Pressure gradients such as static head and external hydrogeologic forces; Physical contact with the waste or with drip pad leakage; Climatic conditions; The stress of installation; and The stress of daily operation, including stresses from vehicular traffic on the drip pad; Placed upon a foundation or base capable of: Providing support to the liner; Providing resistance to pressure gradients above and below the liner; and Preventing failure of the liner due to settlement, compression, or uplift; and Installed to cover all surrounding earth that could come in contact with the waste or leakage; There is a leakage detection system immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad; The leakage detection system required by §C(4) of this regulation is: Constructed of materials that are: Chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad; Designed and operated to function without clogging through the scheduled closure of the drip pad; and Designed to detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time; There is a leakage collection system immediately above the liner that is designed, constructed, maintained, and operated to collect leakage from the drip pad so that it can be removed from below the drip pad; and The date, time, and quantity of any leakage collected in and removed from the leakage collection system is documented in the facility operating log. General Design and Operating Requirements. The owner or operator of a drip pad shall: Maintain the drip pad so that it remains free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad; Ensure that the drip pad and associated collection system are designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off; Unless the drip pad is protected by a structure, as described in Regulation .17-1A(4) of this chapter: Either: Design, construct, operate, and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm; or Assure that the run-on control system has sufficient excess capacity to contain any surface water run-off that might enter the system; and Design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm; Remove drippage and accumulated precipitation from the associated collection system as necessary to prevent overflow onto the drip pad; Ensure that collection and holding units associated with run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain the design capacity of the system; and Operate and maintain drip pads in a manner that minimizes tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment. The owner or operator shall: Evaluate the drip pad to determine whether it meets the requirements of §§A—D(3) of this regulation; and Obtain a statement from an independent qualified registered professional engineer certifying that the drip pad design meets the requirements of this regulation. Cleaning Requirements. The owner or operator of a drip pad shall: Thoroughly clean the drip pad surface to remove accumulated residues of hazardous waste or other materials to allow weekly inspections of the entire drip pad surface without interference or hindrance from materials on the drip pad; Document, in the facility's operating record, the date, time, and cleaning procedure used for each cleaning required by §F(1)(a) of this regulation; and Determine if the residues resulting from each cleaning required in §F(1)(a) of this regulation are regulated as hazardous under COMAR 26.13.02 and, if so, manage them in accordance with COMAR 26.13.02—26.13.10, §3010 of RCRA, and applicable federal regulations. In satisfying the cleaning requirement of §F(1) of this regulation, the owner or operator may clean the drip pad less frequently than once every 7 days, if doing so does not prevent unobscured viewing the drip pad surface during inspection. After treated wood from pressure and nonpressure processes has been removed from the treatment vessel, the owner or operator shall ensure that it is held on the drip pad until drippage has ceased. The owner or operator of a drip pad shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with §G of this regulation. Response to Releases and Potential Releases. Throughout the active life of the drip pad, and as specified in the facility's permit, upon detection of a release of hazardous waste, including discovery of leakage in the leak detection system, or upon detection of a condition that may have caused or has caused a release, the owner or operator shall: Enter a record of the discovery in the facility operating log; Immediately remove from service the affected portion of the drip pad; Determine the steps that shall be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs; Within 24 hours after discovery of the release or the condition that may have caused the release, notify the Secretary of the situation; and Within 10 working days after discovery of the release or the condition that may have caused the release, provide written notice to the Secretary with a plan describing the steps that will be taken to repair the drip pad and clean up any leakage, and a schedule for accomplishing this work. The Secretary shall: Review the information submitted; Make a determination regarding whether the pad is to be removed from service completely or partially until repairs and clean up are complete; and Notify the owner or operator of the determination and the underlying rationale in writing. Upon completing all the repairs and implementing the clean up specified in the plan submitted in accordance with §I(1)(e) of this regulation, the owner or operator shall notify the Secretary in writing and provide a certification signed by an independent qualified registered professional engineer that the repairs and clean up have been completed according to the written plan. The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices, including: Identification of preservative formulations used in the past; A description of drippage management practices; and A description of treated wood storage and handling practices. During construction or installation, the owner or operator shall ensure that liners and cover systems such as membranes, sheets, or coatings are inspected for uniformity, damage, and imperfections such as holes, cracks, thin spots, or foreign materials. Immediately after construction or installation, the owner or operator shall have the liners inspected and certified as meeting the requirements of Regulation .17-2 of this chapter by an independent qualified registered professional engineer. The owner or operator shall maintain the certification required by §B of this regulation at the facility as part of the facility operating record. After installation, the owner or operator shall: Inspect liners and covers to ensure tight seams and joints, and the absence of tears, punctures, or blisters; and Maintain a record of the results of the inspection. Inspection During Operation. While a drip pad is in operation, the owner or operator shall inspect drip pads weekly and after storms to detect evidence of any of the following: Deterioration, malfunction, or improper operation of run-on and run-off control systems; Presence of leakage within and proper functioning of leak detection systems; and Deterioration or cracking of the drip pad surface. If deterioration or leakage is detected, the owner or operator shall comply with the requirements of Regulation .17-2I of this chapter. At closure, the owner or operator shall: Remove or decontaminate: All waste residues; Contaminated containment system components such as the pad and the liners; Contaminated subsoils; and Structures and equipment contaminated with waste and leakage; and Manage the waste listed in §A(1) of this regulation as hazardous waste. The owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills in Regulation .14J of this chapter if the owner or operator: Has removed or decontaminated all residues and made all reasonable efforts to effect removal of contaminated components, subsoils, structures, and equipment as required in §A of this regulation; and Finds that not all contaminated subsoils can be practicably removed or decontaminated. For permitted units required to close in accordance with §B of this regulation: The requirement to have a permit continues throughout the post-closure period; and The drip pad is considered to be a landfill for the purpose of closure, post-closure, and financial responsibility, and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07 and .08 of this chapter. The owner or operator of an existing drip pad, as defined in Regulation .17-1A of this chapter, that does not comply with the liner requirements of Regulation .17-2C(1)—(3) of this chapter, shall: Include in the closure plan for the drip pad under Regulation .07C of this chapter both a plan for complying with §A of this regulation and a contingent plan for complying with §§B—C of this regulation, in case not all contaminated subsoils can be practicably removed at closure; and Prepare a contingent post-closure plan under Regulation .07H of this chapter for complying with §§B—C of this regulation, in case not all contaminated subsoils can be practicably removed at closure. For cost estimates calculated under Regulations .07 and .08 of this chapter for closure and post-closure care of a drip pad subject to §D of this regulation, the owner or operator: Shall include the cost of complying with the contingent closure plan and the contingent post-closure plan; and May exclude the cost of expected closure under §A of this regulation. The requirements of this regulation and Regulations .18-1—.18-3 of this chapter apply to facility owners or operators who store or treat hazardous waste in units designed and operated under Regulations .18-1 and .18-2 of this chapter. A facility owner or operator who stores or treats hazardous waste in a containment building is not considered to be engaged in land disposal under §3004(k) of RCRA in operating the containment building if the containment building: Is designed and operated under Regulations .18-1 and .18-2 of this chapter; Is a completely enclosed, self-supporting structure; Is designed and constructed of manmade materials of sufficient strength and thickness to: Support themselves, the waste contents, and any personnel and heavy equipment that operates within the unit; and Prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which the materials are exposed, climatic conditions, and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of heavy equipment with containment walls; Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit; Has the following if the containment building is used to manage liquids: A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier; A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and A secondary containment system that: Has been designed and constructed of materials to prevent migration of hazardous constituents into the barrier of the secondary containment system; and Has a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time; Has controls sufficient to prevent fugitive dust emissions to meet the no-visible-emission standard in Regulation .18-2B(5)—(7) of this chapter; and Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment. The owner and operator of a containment building being used to manage hazardous waste shall assure that the containment building meets the following design standards: The containment building is a structure completely enclosed with a floor, walls, and a roof to: Prevent exposure of the interior to the elements, that is, precipitation, wind, and surface water run-on; and Assure containment of managed wastes; Except as provided in §A(3) of this regulation, the floor and containment walls of the unit, including a secondary containment system required under §B of this regulation have been designed and constructed of manmade materials in accordance with the following requirements: The floor and containment walls are of sufficient strength and thickness to: Support themselves, the waste contents, and any personnel and heavy equipment that operates within the unit; and Prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which the materials are exposed, climatic conditions, and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of heavy equipment with containment walls; and Have sufficient structural strength to prevent collapse or other failure; and All surfaces in contact with hazardous wastes or intended to be in contact with hazardous wastes are chemically compatible with those wastes; Lightweight doors and windows are not subject to the design requirements concerning structural strength in §A(1)—(2) of this regulation if: The incorporation of the lightweight doors and windows into the design of the containment building is appropriate to the nature of the waste management operation to take place in the unit; The lightweight doors and windows provide an effective barrier against fugitive dust emissions in accordance with the requirements of Regulation .18-2B(5)— (7) of this chapter; and The containment building design and the way in which it is operated assures that wastes will not come in contact with these openings; and The containment building has a primary barrier that is: Designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit; and Appropriate for the physical and chemical characteristics of the waste to be managed. Except as provided in §E of this regulation, the owner and operator of a containment building used to manage hazardous waste that contains free liquids or that is treated with free liquids shall assure that the containment building meets the following design standards: The containment building includes a primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier, such as, for example, a geomembrane covered by a concrete wear surface; The containment building includes a liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building; The primary barrier required by §B(1) of this regulation is sloped to drain liquids to the associated collection system; The system required by §B(2) of this regulation provides for the collection and removal of liquids and wastes at the earliest practicable time to minimize hydraulic head on the containment system; The containment building includes: A secondary containment system with a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier; and A leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time; The leak detection component of the secondary containment system required by §B(5)(b) of this regulation performs at least as well as a system that is, at a minimum: Constructed with a bottom slope of 1 percent or more; and Constructed of: A granular drainage material with a hydraulic conductivity of 1 × 10-2 centimeters/second or more and a thickness of 12 inches (30.5 centimeters) or more; or Synthetic or geonet drainage materials with a transmissivity of 3 × 10-5 square meters/second or more; If hazardous waste is to be treated in the containment building, each area in which hazardous waste treatment is conducted is designed to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building; and The secondary containment system is constructed of materials that are: Chemically resistant to the waste and liquids managed in the containment building; and Of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. Determination of the Presence of Free Liquids. For the purposes of §B of this regulation, a person shall determine whether free liquids are present by: The paint filter liquids test, Method 9095A of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods EPA SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4); A visual examination; or Another appropriate means acceptable to the Secretary. For a containment building that contains areas both with and without secondary containment, the owner or operator shall assure that each area is designed in accordance with the requirements of this regulation. Waiver of Secondary Containment Requirements. Notwithstanding any other provisions of this regulation and Regulations .18 and .18-2 of this chapter, the Secretary may waive the requirements for secondary containment for a permitted containment building if the owner or operator demonstrates that: The only free liquids in the unit are limited amounts of liquids used to provide dust suppression required to meet occupational health and safety requirements; and Containment of managed wastes and liquids can be assured without a secondary containment system. Containment Building as an External Liner for a Tank. A person may use a containment building to serve as an external liner system for a tank for the purposes of providing secondary containment for the tank under Regulation .10-4D of this chapter if the containment building meets the requirements of Regulation .10-4B—C of this chapter. General. The owner or operator of a containment building shall use controls and practices to ensure containment of hazardous waste within the unit. Measures to Ensure Containment. To ensure containment of hazardous waste within a containment building, the owner or operator of the containment building shall, at a minimum: Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier; Maintain the level of the hazardous waste being managed in the containment building within the containment walls of the unit so that the height of any containment wall is not exceeded; Take measures to prevent the tracking of hazardous waste out of the containment building by personnel or by equipment used in handling the waste; In preventing hazardous waste from being tracked out of the containment building: Designate an area for the decontamination of equipment; and Collect and properly manage any rinsate generated in decontaminating equipment; Take measures to control fugitive dust emissions so that no opening of the containment building, such as doors, windows, vents, cracks, etc., exhibits any visible emissions; Use sound air pollution control practices in operating and maintaining all particulate collection devices associated with control of fugitive dust emissions, such as fabric filters or electrostatic precipitators; Maintain the state of no visible emissions required by §B(5) of this regulation effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit; and Assure that incompatible hazardous wastes or treatment reagents are not placed in the unit or its secondary containment system if the wastes or reagents could cause the unit or secondary containment system to leak, corrode, or otherwise fail. Agency Note: See 40 CFR Part 60, Appendix A, Method 22—“Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares” for a method for determining whether there are visible emissions from a source. Certification. The owner or operator shall: Obtain a certification by a qualified registered professional engineer that the containment building design meets the requirements of Regulation .18-1 of this chapter and §§A and B of this regulation; Obtain the certification required by §C(1) of this regulation before operating the containment building for the management of hazardous waste; and Keep the certification required by §C(1) of this regulation on site. Response to Releases of Hazardous Waste. Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, the owner or operator shall promptly repair the condition. Upon detection of a condition that has led to a release of hazardous waste, such as detection of leakage from the primary barrier of a containment building, the owner or operator shall: Enter a record of the discovery in the facility operating record; Immediately remove from service the portion of the containment building affected by the condition; Determine the steps that must be taken to repair the containment building; Remove any leakage from the secondary collection system; Establish a schedule for accomplishing cleanup of the release and repairs to the containment building; Within 7 days after the discovery of the condition, notify the Secretary of the condition verbally or in writing; and Within 14 working days after the discovery of the condition, provide to the Secretary, in writing, a: Description of the steps taken to repair the containment building; Description of any additional steps needed to repair the containment building; Description of the steps required to perform any additional cleanup needed as a result of the release; and Schedule for accomplishing the work described in §D(2)(g)(i)—(iii) of this regulation. The Secretary shall: Review the information submitted in accordance with §D(2)(g) of this regulation; Make a determination of whether the containment building shall be removed from service completely or partially until repairs and cleanup are completed; and Provide the owner or operator with a written notification specifying the determination made in accordance with §D(3)(b) of this regulation and the underlying rationale for the determination. Upon completing all repairs and cleanup performed in response to the release, the owner or operator shall: Notify the Secretary in writing that the repairs and cleanup have been completed; and Provide the Secretary with a verification signed by a qualified, registered professional engineer that the repairs and cleanup have been completed according to the written plan submitted in accordance with §D(2)(g) of this regulation. Inspections. At least once every 7 days, the owner or operator shall: Perform an inspection of the containment building to detect signs of releases of hazardous waste; Include, as part of the inspection to detect releases of hazardous waste, evaluation of data gathered from: Monitoring equipment; Leak detection equipment; and Observation of the containment building and the area immediately surrounding the containment building; and Record, in the facility's operating record, data gathered in accordance with §E(2) of this regulation. For a containment building that contains areas with secondary containment and areas without secondary containment, the owner or operator shall: Operate each area in accordance with the requirements of this regulation; Take measures to prevent the release of liquids or wet materials into areas without secondary containment; and Maintain, in the facility's operating record, a written description of the operating procedures used to maintain the integrity of areas without secondary containment. At closure of a containment building, the owner or operator shall: Remove or decontaminate all waste residues, contaminated system components such as liners, contaminated subsoils, and structures and equipment contaminated with waste and leachate; and Manage the removed materials and wastes generated in performing decontamination as hazardous waste unless COMAR 26.13.02.03D applies. The owner or operator shall assure that the closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings meet all of the requirements specified in Regulations .07 and .08 of this chapter. If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in §A of this regulation, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated: The owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills in Regulation .14J of this chapter; and For the purposes of closure, post-closure, and financial responsibility, the containment building is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07 and .08 of this chapter. A person may not dispose of hazardous waste by underground injection. The record-keeping provisions of Regulation .05D of this chapter specify that an owner or operator shall keep a written operating record at the facility. This regulation provides additional instructions for keeping portions of the operating record. See Regulation .05D(2) of this chapter for additional record-keeping requirements. For each hazardous waste received, treated, stored, or disposed of at a facility, the owner or operator shall record the following information in the facility's operating record and maintain this information in the operating record until closure of the facility: A description of the waste, including: The common name of the waste and the EPA Hazardous Waste Number or Numbers from COMAR 26.13.02 which apply to the waste, The waste's physical form, such as liquid, sludge, solid, or contained gas, If the waste is not listed in COMAR 26.13.02.15 — .19, a description of the process that produced it, such as “solid filter cake from production of _________, EPA Hazardous Waste Code W051”, and The EPA or State Hazardous Waste Number from COMAR 26.13.02.10—.19 that is associated with the waste, or, if the waste contains more than one listed hazardous waste or when more than one hazardous waste characteristic applies to the waste, all applicable EPA or State Hazardous Waste Numbers; The estimated or manifest-reported weight, or volume and density, when applicable, in one of the units of measure specified in Table 1; and The method or methods (by handling code or codes as specified in Table 2) and date or dates of treatment, storage, or disposal. Storage Treatment Thermal Treatment Chemical Treatment Physical Treatment Separation of Components Removal of Specific Components Biological Treatment Boilers and Industrial Furnaces Other Treatment Disposal Miscellaneous (Regulation .16-1 of this chapter) * Single character symbols are used here for data processing purposes. Applicability. This regulation applies to owners and operators who store munitions and explosive hazardous wastes, except as Regulation .01 of this chapter and §A(2) and (3) of this regulation otherwise provide. Depending on the explosive hazards of the waste, a person may be permitted to manage hazardous waste munitions and explosives in the following types of units rather than under this regulation: Containment buildings, subject to Regulations .18—.18-3 of this chapter; Containers, subject to Regulation .09 of this chapter; or Tanks, subject to Regulations .10—.10-7 of this chapter. COMAR 26.13.10.30 provides an alternate set of management standards for the storage of waste military munitions. Design and Operating Standards. The owner or operator of a hazardous waste munitions and explosives storage unit shall assure that the unit is designed and operated with containment systems, controls, and monitoring programs that: Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decomposition products, or contaminated run-off, to soil, ground water, surface water, and the atmosphere; Provide a primary barrier designed to contain the hazardous waste, such as a tank or a container, including a shell; For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation; For liquid wastes, provide: A secondary containment system and operational procedures that assure that any released liquids are contained, quickly detected, and removed from the waste area; or A vapor detection system and operational procedures that assure that any released liquids or vapors are quickly detected, and an appropriate response is taken, such as additional overpacking of the waste or removal of the waste from the waste storage area; and Provide monitoring and inspection procedures that assure that: The controls and containment systems are working as designed; and Releases that may adversely impact human health or the environment are not escaping from the unit. A person may use one of the following to store hazardous waste munitions and explosives under this regulation: An earth-covered magazine that: Is constructed of waterproofed reinforced concrete or structural steel arches; Incorporates steel doors that are kept closed when the magazine is not being accessed; Is designed and constructed to be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit, and to withstand the stresses of movement activities within the unit; Provides adequate working space for personnel and equipment in the unit; and Will, as a result of the magazine's location and the design of the magazine's walls and earthen covers, direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion; An above-ground magazine that is located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion; or An outdoor or open storage area that is designed and located so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion. Standard Operating Procedure for Storage. A person shall store hazardous waste munitions and explosives in accordance with a standard operating procedure specifying procedures to ensure safety, security, and environmental protection. A person may use the standard operating procedure to fulfill the requirements of Regulation .02E of this chapter concerning security and inspection, Regulation .03 of this chapter concerning preparedness and prevention procedures, and Regulation .04 of this chapter concerning contingency plan and emergency procedures if the standard operating procedure serves the same purpose as these requirements. A person managing hazardous waste munitions and explosives under this regulation shall assure that: The items are: Packaged to ensure safety in handling and storage; and Inventoried at least once each calendar year, with no more than 365 days elapsing between inventory dates; and Hazardous waste munitions and explosives and their storage units are inspected and monitored as necessary to ensure: Explosives safety; and That there is no migration of contaminants out of the unit. Closure and Post-Closure Care. At the closure of a magazine or unit that was used to store hazardous waste munitions and explosives under this regulation, the owner or operator shall: Remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoil, and structures and equipment contaminated with waste; and Manage the materials in §C(1)(a) of this regulation as hazardous waste unless COMAR 26.13.02.03D applies. The owner or operator shall assure that the closure plan, closure activities, cost estimates for closure, and financial responsibility for the magazines or units operated under this regulation meet all of the requirements specified in Regulations .07 and .08 of this chapter, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit. If the owner or operator finds, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in §C(1) of this regulation, that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements of Regulation .14J of this chapter applying to landfills. Parameter Maximum Level (milligrams/liter) Arsenic 0.05 Barium 1.0 Cadmium 0.01 Chromium 0.05 Fluoride 1.4 - 2.4 Lead 0.05 Mercury 0.002 Nitrate (as N) 10 Selenium 0.01 Silver 0.05 Endrin 0.0002 Lindane 0.004 Methoxychlor 0.1 Toxaphene 0.005 2,4-D 0.1 2,4,5-TP Silvex 0.01Maximum Level Radium 5 pCi/liter Gross Alpha 15 pCi/liter Gross Beta 4 millirem/yr Turbidity 1/TU Coliform Bacteria 1/100 milliliter (Comment: Turbidity is applicable only to surface water supplies.) Using all the available background data (nb readings), calculate the background mean (xb) and background variance Sb2. For the single monitoring well under investigation (nm reading), calculate the monitoring mean (xm) and monitoring variance Sm2. For any set of data (x1, x2 ...xn), the mean is calculated by: The t-test uses these data summary measures to calculate a t-static (t*) and a comparison t-statistic (tc). The t* value is compared to the tc value and a conclusion reached as to whether there has been a statistically significant change in any indicator parameter. The t-statistic for all parameters except pH and similar monitoring parameters is: If the value of this t-statistic is negative then there is no significant difference between the monitoring data and background data. It should be noted that significantly small negative values may be indicative of a failure of the assumption made for test validity or errors have been made in collecting the background data. The t-statistic (tc) against which t* will be compared, necessitates finding tB and tm from standard (one-tailed) tables where, tB= t-tables with (tB-1) degrees of freedom, at the 0.05 level of significance. tm = t-tables with (nm-1)degrees of freedom, at the 0.05 level of significance. Finally, the special weighting WB and WM are defined as: The t-statistic (t*) is now compared with the comparison t-statistic (tc) using the following decision-rule: If t* is equal to or larger than tc, then conclude that there most likely has been a significant increase in this specific parameter; If t* is less than tc, then conclude that most likely there has not been a change in this specific parameter. The t-statistic for testing pH and similar monitoring parameters is constructed in the same manner as previously described except the negative sign (if any) is discarded and the caveat concerning the negative value is ignored. The standard (two-tailed) tables are used in the construction tc for pH and similar monitoring parameters. If t* is equal or larger than tc, then conclude that there most likely has been a significant increase (if the initial t* had been negative, this would imply a significant decrease). If t* is less than tc, then conclude that there most likely has been no change. A further discussion of the test may be found in Statistical Methods (6th Edition, Section 4.14) by G.W. Snedecor and W.G. Cochran, or Principles and Procedures of Statistics (1st Edition, Section 5.8) by R.G.D. Steel and J.H. Torrie. Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and environment, such as: Heat or pressure; Fire or explosion; Violent reaction; Toxic dusts, mists, fumes, or gases; or Flammable fumes or gases. Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components. This list is not intended to be exhaustive. An owner or operator must, as the regulations require, adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not. It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator). In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulations .01—.18 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 .01, .05G, .06, .08A, .11C, .12D, and .14C amended effective January 18, 1982 (9:1 Md. R. 20) Regulations .01—.12, .18 amended effective January 31, 1983 (10:2 Md. R. 110) Regulations .01A, B, .02F, .05D, H, .07C, D, G, H, .08A, .09G, .10D, F, .11A-1, C, E—G, .12A, B, D, D-1, E, G, .13, .14, .15A, .16A, .18 (Appendix IV) amended, .15-1 adopted, .06 repealed and new .06adopted, .10I, .12C-1, and .18 (Appendices VI—XIII) repealed effective February 13, 1984 (11:3 Md. R. 202) Regulations .01A, .02D, F, .05G, .06A, I, .07A, D, I, .10D, .11B, F, F-1, .12D-1, .14A—C, J, L, .15-1A, D amended, and .01C adopted effective July 30, 1984 (11:15 Md. R. 1330) Regulation .01A amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .02I, J adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .04G amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .05A, D amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .06A amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .06L adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .07B amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .07C—J repealed and new C—J adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .08A amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .09F, H, and I amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .10D, E amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .10I adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .11A-1, B, C, E, F, F-1 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .12B, D-1 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .12H adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .13N adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .14B, C amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .14P adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .15A amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .15-1B, C, and F amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .16G adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .10C-1—I recodified to .10D—J Regulation .11A-1—F recodified to .11B—G Regulation .11F-1—I recodified to .11H—K Regulation .12D-1 and D-2 recodified to .12E and F Regulation .12E—H recodified to .12G—J Regulation .15-1 recodified to Regulation .16 Regulations .16—.18 recodified to Regulations .17—.19 Appendix I—Appendix V codified as Regulations .20—.24 Chapter recodified from COMAR 10.51.05 to COMAR 26.13.05 Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .01C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .02D amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .02F amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853) Regulation .04G amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .05B amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .05D amended effective April 1, 1991 (18:6 Md. R. 690); December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853) Regulation .05F amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .06A amended effective April 1, 1991 (18:6 Md. R. 690) Regulation .06K amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .07A, E, and F amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .07B, C, E, G, and H amended effective April 1, 1991 (18:6 Md. R. 690) Regulation .07B, F amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .08A amended effective April 1, 1991 (18:6 Md. R. 690) Regulation .08B amended effective November 9, 1992 (19:22 Md. R. 1991) Regulation .10 repealed and new Regulations .10—10-7 adopted effective May 24, 1993 (20:10 Md. R. 853) Regulation .10G amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .11D amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .14B, N amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .16-1 adopted effective April 1, 1991 (18:6 Md. R. 690) (Regulation .16-1 was initially adopted as Regulation .17. The recodification to Regulation .16-1 negated the need for some changes to cross-references shown in the Maryland Register.) Regulation .20A amended effective December 23, 1991 (18:25 Md. R. 2759) Chapter revised effective April 11, 1994 (21:7 Md. R. 533) Regulation .01A amended effective August 28, 1995 (22:17 Md. R. 1321) Regulation .01 amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .05F, H amended effective May 5, 1997 (24:9 Md. R. 659) Regulation .07D amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .08A amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .08B amended effective August 28, 1995 (22:17 Md. R. 1321) Regulation .10A amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .14N amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .16A, F amended effective May 8, 1995 (22:9 Md. R. 648) Regulation .16D amended effective September 10, 1997 (24:5 Md. R. 413) Regulation .17-1 adopted effective September 10, 1997 (24:5 Md. R. 413) Regulation .17-2 adopted effective September 10, 1997 (24:5 Md. R. 413) Regulation .17-3 adopted effective September 10, 1997 (24:5 Md. R. 413) Regulation .17-4 adopted effective September 10, 1997 (24:5 Md. R. 413) Regulation .21 repealed effective May 5, 1997 (24:9 Md. R. 659) Chapter revised effective October 16, 2000 (27:20 Md. R. 1843) Regulation .01A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); May 3, 2021 (48:9 Md. R. 359); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .01D amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .02C amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .02C, D amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .02-1 recodified from COMAR 26.13.06.01 effective October 16, 2000 (27:20 Md. R. 1843) Regulation .02-2 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .03E, G amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .04G amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .05 amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .05A, C amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .05B amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14) Regulation .05B, F amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .05C, D amended effective January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .07 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .08B amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .11 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .12 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .13L amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .14 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .14N amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .16F amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .17-3E amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .18 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .18-1 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .18-2 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .18-3 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .21 adopted effective May 1, 2008 (35:8 Md. R. 809) Purpose, Scope, and Applicability. The purpose of this chapter is to establish minimum State standards, which define the acceptable management of hazardous waste during the period of interim status, and until: Certification of final closure under Regulations .07—.11 of this chapter; Post-closure requirements under Regulations .12—.15 of this chapter are met, if those requirements apply; or A final CHS permit is issued under COMAR 26.13.07. Except as provided in COMAR 26.13.02.05 or as otherwise provided in this chapter, this chapter applies to owners and operators of the following hazardous waste management facilities that treat, store, or dispose of hazardous waste: Facilities in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a CHS permit for which the owner or operator has complied with §B(1) of this regulation; Facilities in existence on November 19, 1980, for which the owner or operator has failed to provide timely notification as required by §3010(a) of RCRA or to file part A of the CHS permit application as required by §B(1) and (2) of this regulation; Facilities that were previously required, because of federal regulations promulgated under the authority of the Hazardous and Solid Waste Amendments of 1984, to meet the requirements for interim status under 40 CFR 265 and 270; As specified in COMAR 26.13.10.30, facilities that store military munitions classified as a solid waste under COMAR 26.13.10.27B; and Facilities that provide the treatment and disposal of hazardous waste military munitions. This chapter applies to owners and operators of hazardous waste management facilities who are subject to the requirements of §B of this regulation and fail to comply with these requirements. The requirements of this chapter do not apply to: A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act; The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this chapter by COMAR 26.13.02.05; The owner or operator of a facility managing recyclable materials described in COMAR 26.13.02.06A(2) and (3), except to the extent that the requirements of this chapter are referred to in COMAR 26.13.10.01, .03, and .04; A generator accumulating waste on-site in compliance with COMAR 26.13.03.03-3—.03-10, except to the extent that a provision of COMAR 26.13.03.03-3—.03-10 requires the generator to comply with the requirements of this chapter; A farmer disposing of waste pesticides from the farmer's own use in compliance with COMAR 26.13.03.07-4; The owner or operator of a totally enclosed treatment facility as defined in COMAR 26.13.01.03B(81); The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in COMAR 26.13.01.03B, subject to the following: For a wastewater treatment unit, the exclusion from the requirements of this chapter does not apply with respect to treatment of a hazardous waste from off-site, other than waste delivered to a unit via sanitary sewer in accordance with the requirements of the Clean Water Act; The owner or operator shall comply with the requirements of COMAR 26.13.05.02H if the owner or operator is using the unit to treat a characteristic hazardous waste by dilution to remove the hazardous characteristic from the waste before land disposal, and the waste is either an ignitable hazardous waste described in §A(4)(g)(iii) of this regulation, or a reactive hazardous waste; and The provisions of §A(4)(g)(ii) of this regulation regarding ignitable hazardous waste apply to an ignitable waste other than a waste in the D001 High TOC Subcategory defined in 40 CFR §268.40; Except as provided in §A(5) of this regulation, a person engaged in treatment or containment activities during immediate response to any of the following situations, if the person complies with the otherwise applicable requirements of Regulations .03 and .04 of this chapter: A discharge of a hazardous waste; An imminent and substantial threat of a discharge of a hazardous waste; A discharge of a material which, when discharged, becomes a hazardous waste; or An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of conventional military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in COMAR 26.13.01.03B; The owner or operator of a publicly owned treatment works (POTW) which treats, stores, or disposes of hazardous waste; Universal waste handlers and universal waste transporters handling the following wastes: Batteries, as described in COMAR 26.13.10.07; Pesticides, as described in COMAR 26.13.10.08; Lamps, mercury-containing equipment, or PCB-containing lamp ballasts, each as described in COMAR 26.13.10.09; and Aerosol cans, as described in COMAR 26.13.10.09-1; or The addition of absorbent material to a waste container or the addition of waste to absorbent in a container, if: The combining of waste and absorbent occurs when waste is first placed in the container; COMAR 26.13.05.02H(2), which concerns requirements for ignitable, reactive, or incompatible waste, is complied with; COMAR 26.13.05.09B, which concerns condition of containers, is complied with; and COMAR 26.13.05.09C, which concerns compatibility of waste with containers, is complied with; or A reverse distributor accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in COMAR 26.13.01.03B. Clarifications Concerning Responses to Emergencies. The exemption under §A(4)(h) of this regulation applies only to immediate response activities taken in response to the circumstances identified in §A(4)(h)(i)—(iv) of this regulation. After the immediate response activities are completed, the applicable regulations of this chapter and COMAR 26.13.07 apply fully to the management of any spill residue or debris which is a hazardous waste under COMAR 26.13.02. In the case of an explosives or munitions emergency response, if a federal, State, tribal, or local official acting within the scope of that individual's official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste: By transporters who do not have EPA identification numbers; By transporters who have not been issued a certificate under COMAR 26.13.04.01C and F; and Without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for 3 years identifying: The dates of the response; The responsible persons responding; The type and description of material addressed; and The final disposition of the material addressed in the emergency. A person may not manage hazardous waste with EPA Hazardous Waste Number F020, F021, F022, F023, F026, or F027 at a facility subject to regulation under this chapter unless: It is a wastewater treatment sludge generated in a surface impoundment as part of a plant's wastewater treatment system; The waste is stored in tanks or containers; The waste is stored or treated in waste piles that meet the requirements of: COMAR 26.13.05.12A(2); and Regulation .20 of this chapter; or The facility has been issued a permit to do so under COMAR 26.13.07. Applicability of Land Disposal Restrictions. The requirements of this chapter apply to owners and operators of facilities that treat, store, or dispose of hazardous waste referred to in 40 CFR Part 268; and The standards in 40 CFR Part 268 are considered material conditions or requirements of the interim status requirements of this chapter. Agency Note: Reverse distributors are subject to regulation under COMAR 26.13.10.32—.49 instead of this chapter for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated pharmaceuticals. Required Submissions. Unless the Secretary establishes a later date as provided in §B(3) of this regulation, an owner or operator of a hazardous waste management facility in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a CHS permit shall submit part A of the permit application to the Department by the earlier of the following two dates: 6 months after the publication of the notice of final action on regulations which first require the owner or operator to comply with the standards set forth in this chapter or COMAR 26.13.10; or 30 days after the date the owner or operator first becomes subject to the standards set forth in this chapter or COMAR 26.13.10. If an owner or operator of a hazardous waste management facility has filed part A of a CHS permit application and has not yet filed part B of the CHS permit application, the owner or operator shall file an amended part A application with the Secretary: Not later than the effective date of regulatory provisions listing or designating additional wastes as hazardous, if the facility is treating, storing, or disposing of any of these newly listed or designated hazardous wastes; As necessary to comply with COMAR 26.13.07.23C for changes during interim status; or By the deadline established under §B(3) of this regulation. Extension of Deadlines for Submission of Part A Application. The Secretary may, by publishing a notice in the Maryland Register, extend the date by which owners or operators of existing hazardous waste management facilities in a specified class of facilities are required to submit part A of the CHS permit application if the Secretary finds that: There has been substantial confusion as to whether the owners and operators of those facilities were required to file a permit application; and The confusion over whether owners and operators were required to file a permit application is the result of ambiguities in COMAR 26.13.01, 26.13.02, or this chapter. The Secretary may, by compliance order, extend the date by which the owner or operator of an existing hazardous waste management facility is required to submit part A of the CHS permit application. The owner or operator of a facility that fails to comply with the updating requirements of §B(2) of this regulation has interim status only for the wastes covered by part A CHS permit applications filed in accordance with the requirements of this section. The Secretary may require the owner or operator of a facility operating under interim status to file a part B CHS permit application by a certain deadline. If the facility owner or operator fails to furnish a requested part B CHS permit application by the required deadline, or fails to furnish in full the information required to be included in the part B CHS permit application, the Secretary may terminate interim status under COMAR 26.13.07. Imminent Hazard Action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, or other applicable State authority. Except as provided in §§B—F of this regulation, the owner or operator of a facility subject to this chapter shall meet the requirements of COMAR 26.13.05.02. The requirements of COMAR 26.13.05.02D(2)(c)(vi), which concern additional waste analysis requirements, are not applicable. In the waste analysis plan, the owner or operator shall specify, when applicable, the methods which will be used to satisfy the additional provisions for waste analysis for specific waste management methods as specified in: COMAR 26.13.05.10B, with which the owner or operator is required to comply in Regulation .18A of this chapter; COMAR 26.13.05.11E, with which the owner or operator is required to comply in Regulation .19B of this chapter; COMAR 26.13.05.12C, with which the owner or operator is required to comply in Regulation .20B(2) of this chapter; Regulations .22C and .22F of this chapter; and 40 CFR §§265.273, 265.341, 265.375, and 265.402, which are incorporated by reference in Regulations .21A, .23A, .24A, and .25A of this chapter, respectively. Except as provided in §E of this regulation, an owner or operator shall comply with COMAR 26.13.05.02F(2)(d). An owner or operator shall ensure that the inspection schedule required in §D of this regulation includes, at a minimum, the items and frequencies called for in: COMAR 26.13.05.09E, with which the owner or operator is required to comply in Regulation .17 of this chapter; COMAR 26.13.05.10D and .10-4, with which the owner or operator is required to comply in Regulation .18A of this chapter, COMAR 26.13.05.12E, with which the owner or operator is required to comply in Regulation .20B of this chapter; Regulation .19G of this chapter; and 40 CFR §§265.278, 265.347, 265.377, and 265.403, which are incorporated by reference in Regulations .21A, .23A, .24A, and .25A of this chapter, respectively. For the purposes of this chapter, an owner or operator: May substitute the word “unless” for the words “unless it can be demonstrated to the Secretary” in COMAR 26.13.05.02E(1); and Is not required to comply with COMAR 26.13.05.02H(3) or I(2), which concern documentation of compliance with general requirements for ignitable, reactive, or incompatible wastes, and aisle space requirements, respectively. Location Standard. The placement of any hazardous waste in a salt dome, salt bed formation, or underground mine or cave is prohibited. Construction Quality Assurance Program. The owner or operator of a surface impoundment subject to Regulation .19 of this chapter, a waste pile subject to Regulation .20 of this chapter, or a landfill subject to Regulation .22 of this chapter shall comply with the requirements of COMAR 26.13.05.02-2. Except as provided in §§B and D of this regulation, an owner or operator of a facility subject to this chapter shall comply with COMAR 26.13.05.03. An owner or operator of a facility shall comply with §C of this regulation instead of COMAR 26.13.05.03B during the period of interim status. Facility Operation. The owner or operator shall maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. An owner or operator who is subject to this chapter is not required to make the demonstrations to the Secretary required in COMAR 26.13.05.03C and F, concerning required equipment for use in emergencies and required aisle space, respectively. Except as provided in §B of this regulation, an owner or operator of a facility subject to this chapter shall comply with COMAR 26.13.05.04. For the purposes of this chapter, in COMAR 26.13.05.04E(1), “Facility permit is revised” is replaced with “Applicable regulations are revised”. Except as provided in §§B and C of this regulation, the owner or operator of a facility subject to this chapter shall comply with COMAR 26.13.05.05. For the purpose of complying with this regulation, the owner or operator of a facility subject to this chapter shall: In place of the requirement of COMAR 26.13.05.05D(2)(c), record and maintain in the operating record the results of waste analyses, waste determinations, and trial tests performed as specified in: Regulations .02 and .22F of this chapter; COMAR 26.13.05.10B, with which the owner or operator is required to comply in Regulation .18A of this chapter; COMAR 26.13.05.11E, with which the owner or operator is required to comply in Regulation .19B(3) of this chapter; COMAR 26.13.05.12C, with which the owner or operator is required to comply in Regulation .20B(2) of this chapter; 40 CFR §§265.273, 265.341, 265.375, and 265.402, which are incorporated by reference in Regulations .21A, .23B, .24A, and .25A of this chapter, respectively; and As qualified by COMAR 26.13.09.03B, 40 CFR §268.4(a) and 40 CFR §268.7. Comply with COMAR 26.13.05.05D(2)(g) and F(4)(i), except that the references to Regulations .12—.15 of this chapter are to Regulation .16 of this chapter; In place of the requirement of COMAR 26.13.05.05D(2)(h), record and maintain in the operating record monitoring, testing, or analytical data, and corrective action when required by Regulations .02, .06, and .18—.24 of this chapter; Submit with the biennial report required by COMAR 26.13.05.05F monitoring data under 40 CFR §§265.94(a)(2)(ii), (iii), and (b)(2), which are incorporated by reference in Regulation .06A of this chapter; and In place of the requirement of COMAR 26.13.05.05H(4), report to the Secretary as otherwise required by Regulations .06 and .19—.22 of this chapter. The owner or operator of a facility subject to this chapter is not required to comply with COMAR 26.13.05.05D(2)(i). Except as provided in §B of this regulation, the Department adopts as its regulations the federal regulations at 40 CFR §§265.90—265.94, adopted as of July 1, 1998, which are incorporated by reference. For the purposes of this regulation, substitute “Secretary” for “Regional Administrator”. Applicability. Except as provided in Regulation .01 of this chapter, this regulation and Regulations .08—.11 of this chapter apply to the owners and operators of all interim status facilities. Closure Performance Standard. The owner or operator shall close the facility in a manner that: Minimizes the need for further maintenance; Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and Complies with the closure requirements of this chapter, including, but not limited to, those contained in Regulations .17—.26, .28, and .29 of this chapter. Written Plan. The following requirements apply to the owner or operator of an interim status facility: By May 19, 1981, or by 6 months after the effective date of the regulation that first subjects a facility to the provisions of this regulation, the owner or operator shall have a written closure plan; Until final closure is completed and certified in accordance with Regulation .11 of this chapter, the owner or operator shall furnish a copy of the most current plan to the Secretary upon request, including request by mail; and For facilities without approved closure plans, the owner or operator shall provide a copy of the closure plan during site inspections, on the day of the inspection, to any officer, employee, or representative of the Department who is designated by the Secretary. The owner or operator shall assure that the closure plan identifies the steps necessary to perform partial or final closure of the facility, or both, at any point during its active life. Content of the Closure Plan. The owner or operator shall assure that the closure plan includes, at least: A description of how each hazardous waste management unit at the facility will be closed in accordance with §B of this regulation; A description of how final closure of the facility will be conducted in accordance with §B of this regulation, which shall identify the maximum extent of the operations that will be conducted during interim status during the active life of the facility; An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility; A detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes; An identification of the type or types of the off-site hazardous waste management units to be used, if applicable; A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to: Procedures for cleaning equipment and removing contaminated soils; Methods for sampling and testing surrounding soils; and Criteria for determining the extent of decontamination necessary to satisfy the closure performance standard; A detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including but not limited to ground water monitoring, leachate collection, and run-on and run-off control; A schedule for closure of each hazardous waste management unit, and for final closure of the facility, which includes, at a minimum: The total time required to close each hazardous waste management unit; and The time required for intervening closure activities which will allow tracking of the progress of partial and final closure; For a landfill unit, as part of the schedule required by §C(8) of this regulation, estimates of the time required to treat or dispose of all hazardous waste inventory, and of the time required to place a final cover; and An estimate of the expected year of final closure if the facility: Uses trust funds to demonstrate financial assurance under 40 CFR §265.143 or 265.145, which are incorporated by reference in Regulation .16 of this chapter, and has a remaining operating life that is less than 20 years; or Does not have an approved closure plan. Amendment of Plan. The owner or operator may amend the closure plan at any time before the notification of partial or final closure of the facility under §E of this regulation. An owner or operator with an approved closure plan seeking to amend the plan shall: Submit a written request to the Secretary to authorize a change to the approved closure plan; and Include a copy of the amended closure plan with the written request for approval by the Secretary. The owner or operator shall amend the closure plan whenever: Changes in operating plans or facility design affect the closure plan; There is a change in the expected year of closure, if applicable; or In conducting partial or final closure activities, unexpected events require a modification of the closure plan. The owner or operator shall amend the closure plan: At least 60 days before the proposed change in facility design or operation; or Except as provided in §D(5) of this regulation, not later than 60 days after an unexpected event occurs which has affected the closure plan. If an unexpected event occurs during the partial or final closure period that requires a modification of the closure plan, the owner or operator shall amend the closure plan not later than 30 days after the unexpected event. The provisions of §D(4) and (5) of this regulation also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with Regulation .22B(3) of this chapter. An owner or operator with an approved closure plan shall submit a modified plan to the Secretary: At least 60 days before the proposed change in facility design or operation; or Except as provided in §D(8) of this regulation, not more than 60 days after an unexpected event occurs which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the modified plan not more than 30 days after the unexpected event. The provisions of §D(7) and (8) of this regulation also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with Regulation .22B(3) of this chapter. Unless the amendment to the plan is a minor modification according to the criteria in COMAR 26.13.07.13—.13-3, the request for modification will be processed according to the procedures in §E(8), (9), and (10) of this regulation. Modifications at the Request of the Secretary. The Secretary may request modifications to the closure plan under the conditions described in §D(3) of this regulation. An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the Secretary, or within 30 days if the Secretary has made the request as a result of an unexpected event occurring during partial or final closure. Unless the amendment to the plan is a minor modification according to the criteria in COMAR 26.13.07.13—.13-3, the request for modification will be processed according to the procedures in §D(8), (9), and (10) of this regulation. Notification of Partial Closure and Final Closure. The owner or operator of a facility without an approved closure plan shall submit the closure plan to the Secretary at least: 180 days before the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, land treatment unit, or landfill unit; 180 days before the date on which the owner or operator expects to begin final closure if it involves a surface impoundment, waste pile, land treatment unit, or landfill unit; 45 days before the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace; and 45 days before the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units. An owner or operator with an approved closure plan shall notify the Secretary in writing at least: 60 days before the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit; 60 days before the date on which the owner or operator expects to begin final closure of a facility involving a surface impoundment, waste pile, landfill, or land treatment unit; 45 days before the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace; and 45 days before the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units. For the purposes of §E(1) and (2) of this regulation, the date when the owner or operator expects to begin partial or final closure shall be: Within 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes; Not later than 1 year after the date on which the hazardous waste management unit received the most recent volume of hazardous waste, if there is a reasonable possibility that the unit will receive additional hazardous wastes, or by a later deadline established by the Secretary under §E(4) of this regulation; or As provided in §E(5) of this regulation. The Secretary may approve an extension to the 1-year limit in §E(3)(b) of this regulation if the owner or operator of the facility can demonstrate to the Secretary that: The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes; and The owner or operator of the facility has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim status requirements. If an owner or operator of a facility has been allowed to receive non-hazardous wastes in a landfill, land treatment unit, or surface impoundment unit after the final receipt of hazardous waste as provided by Regulation .09H of this chapter, the date when the owner or operator expects to begin closure for the purposes of §E(1) and (2) of this regulation shall be not later than: 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes; or 1 year after the date on which the unit received the most recent volume of non-hazardous waste, if there is a reasonable possibility that the unit will receive additional non-hazardous wastes, or by a later deadline established by the Secretary under §E(6) of this regulation. The Secretary may approve an extension to the 1-year limit in §E(5)(b) of this regulation if the owner or operator of the facility can demonstrate to the Secretary that: The hazardous waste management unit has the capacity to receive additional non-hazardous wastes; and The owner or operator of the facility has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable interim status requirements. The owner or operator of the facility shall submit the closure plan to the Secretary not later than 15 days after: Termination of interim status except when a permit is issued simultaneously with termination of interim status; or Issuance of a judicial decree or final order under §3008 of RCRA or Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, to cease receiving hazardous wastes or close. Following submission of the closure plan by the owner or operator of the facility, or written notification of intent to begin closure under §E(1) or (2) of this regulation, the Secretary shall provide the owner or operator of the facility and the public, through a newspaper notice, the opportunity to do any of the following for up to 30 days from the date of the newspaper notice: Submit written comments on the closure plan; Request modifications to the closure plan; or Request a public hearing on the closure plan. Public Hearing. In response to a request, the Secretary shall hold a public hearing whenever a hearing might clarify one or more issues concerning a closure plan. In the absence of a request for a public hearing, a hearing may be scheduled at the Secretary's discretion. The Secretary shall give public notice of the hearing at least 30 days before the hearing occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined. Secretarial Approval, Modification, or Disapproval of Closure Plan. The Secretary shall approve, modify, or disapprove the plan within 90 days of the receipt of the plan. If the Secretary does not approve the closure plan, the Secretary shall give the owner or operator a detailed written statement of reasons for the refusal. The owner or operator shall modify the closure plan or submit a new plan for approval within 30 days after receiving the written statement provided under §E(10)(b) of this regulation. The Secretary shall approve or modify the new or revised closure plan submitted under §E(10)(c) of this regulation in writing within 60 days. If the Secretary modifies the closure plan, this modified closure plan becomes the approved closure plan. The Secretary shall assure that the approved closure plan is consistent with Regulations .07B and .08—.11 of this chapter, the applicable requirements of Regulations .06, .18D, .19B(4), .20B(6), .22B(3), .28, and .29 of this chapter, and 40 CFR §§265.280, 265.351, 265.381, and 265.404, which are incorporated by reference in Regulations .21A, .23B, .24A, and .25A of this chapter, respectively. If the Secretary modifies the closure plan, a copy of the modified closure plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator. Removal of Wastes and Decontamination or Dismantling of Equipment. This regulation does not preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure. Before the later of the following two dates, the owner or operator shall treat, remove from the hazardous waste management unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan: 90 days after receiving the final volume of: Hazardous wastes; or Non-hazardous wastes if the requirements of §§H—O of this regulation are met; or 90 days after approval of the closure plan. Subject to the requirements of §§C and G(1) of this regulation, the Secretary may approve a longer period for closure than that specified in §A of this regulation if the owner or operator demonstrates that: The activities required to comply with §A of this regulation will, of necessity, take longer than 90 days to complete; or The following conditions are met: The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with §§H—O of this regulation; There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or facility within 1 year; and Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site. In addition to the requirements of §B of this regulation, the owner or operator requesting a longer time for closure shall demonstrate that all steps necessary to prevent threats to human health and the environment have been taken and will continue to be taken, including compliance with all applicable interim status requirements. The owner or operator shall complete partial and final closure activities: In accordance with the approved closure plan; and Before the later of the following two dates: 180 days after receiving the final volume of hazardous wastes at the hazardous waste management unit or facility, or the final volume of non-hazardous wastes if the owner or operator complies with the requirements of §§H — O of this regulation; or 180 days after approval of the closure plan. Subject to the requirements of §F of this regulation, the Secretary may approve an extension to the closure period specified in §D of this regulation if the owner or operator demonstrates that: The partial or final closure activities will, of necessity, take longer than 180 days to complete; or The following conditions are met: The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous waste if the facility owner or operator complies with the requirements of §§H—O of this regulation; There is reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or facility within 1 year; and Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site. In addition to the requirements of §E of this regulation, the owner or operator requesting a longer closure period shall demonstrate that all steps necessary to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility have been taken and will continue to be taken, including compliance with all applicable interim status requirements. The owner or operator shall make the demonstration referred to in: §B of this regulation at least 30 days before the expiration of the 90-day period specified in §A of this regulation; and §E of this regulation at least 30 days before the expiration of the 180-day period specified in §D of this regulation, unless the owner or operator is otherwise subject to the deadlines in §H of this regulation. The Secretary may allow an owner or operator to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at the unit if the owner or operator: Submits an amended part B CHS permit application, or a part B CHS permit application, if not previously required; Demonstrates that: The unit has the existing design capacity as indicated on the part A CHS permit application to receive non-hazardous wastes; There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within 1 year after the final receipt of hazardous wastes; The non-hazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility design and operating requirements of the unit or facility under this chapter; Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and The owner or operator is operating and will continue to operate in compliance with all applicable interim status requirements; Includes, in the part B CHS permit application: An amended waste analysis plan; A ground water monitoring and response program; The human exposure assessment required under RCRA §3019; and Closure and post-closure plans; Includes, in the part B CHS permit application, updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate to reflect any: Changes due to the presence of hazardous constituents in the non-hazardous wastes; and Changes in closure activities, including the expected year of closure if applicable under Regulation .08C(10) of this chapter, as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; Amends the part B CHS permit application, as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; Submits the part B CHS permit application and the demonstrations referred to in §H(1)—(4) of this regulation to the Secretary by the later of the following two dates: 180 days before the date on which the owner or operator of the facility receives the known final volume of hazardous wastes; or 90 days after October 16, 2000; Complies with the requirements of §I of this regulation if the owner or operator is seeking to receive additional non-hazardous wastes in a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements of: §3004(o)(1) of RCRA, except as otherwise provided in §3004(o)(2) or (3) of RCRA; and §3005(j)(1) of RCRA, except as otherwise provided in §3005(j)(2), (3), (4), or (13) of RCRA; and Complies with the applicable requirements to obtain permits under: COMAR 26.04.07; and COMAR 26.11.19.20. In addition to the requirements in §H of this regulation, an owner or operator of a hazardous waste surface impoundment identified in §H(7) of this regulation shall: Submit with the part B CHS permit application: A contingent corrective measures plan; and A plan for removing hazardous wastes in compliance with §I(2) of this regulation; Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner or liners, if any; Complete removal of hazardous wastes not later than 90 days after the final receipt of hazardous wastes, unless the Secretary approves an extension to this deadline based upon a demonstration by the owner or operator that: The removal of hazardous wastes will, of necessity, take longer than the allotted period of time to complete; and An extension will not pose a threat to human health and the environment; Comply with the following requirements if a release that is a statistically significant increase over background levels, or decrease in the case of pH, in hazardous constituents is detected in accordance with the requirements of Regulation .06 of this chapter: Implement corrective measures in accordance with the approved contingent corrective measures plan required by §I(1) of this regulation not later than 1 year after detection of the release, or approval of the contingent corrective measures plan, whichever is later; Elect to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and Implement corrective measures in less than 1 year, or cease receipt of wastes until corrective measures have been implemented if required to do so by the Secretary, based on a determination by the Secretary that the corrective measures are necessary to protect human health and the environment; and Perform the following activities during the period of corrective action: Provide semiannual reports to the Secretary which describe the progress of the corrective action program; Compile all ground water monitoring data; and Evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action. The Secretary may require the owner or operator of a surface impoundment unit regulated under §I of this regulation to commence closure of the unit if the owner or operator: Fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within 1 year as required in §I(4) of this regulation; or Fails to make substantial progress in implementing corrective action and achieving the facility's background levels. If the owner or operator fails to implement corrective measures as required in §I(4) of this regulation, or if the Secretary determines that substantial progress has not been made under §J of this regulation, the Secretary shall: Notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in §§A—F of this regulation; Provide the owner or operator with a detailed statement of reasons for the Secretary's determination; and Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the Secretary's decision not later than 20 days after the date of the notice. If the Secretary does not receive any written comments in response to the determination in §K(1) of this regulation that the owner or operator shall begin closure, then: The Secretary's decision described in §K(1) of this regulation becomes final 5 days after the close of the comment period; and The Secretary shall notify the owner or operator that: The decision is final; A revised closure plan, if necessary, shall be submitted by the owner or operator to the Secretary within 15 days of the final notice; and Closure is required to begin in accordance with the deadlines in §§A—F of this regulation. If the Secretary receives written comments in response to the determination in §K(1) of this regulation, the Secretary shall: Make a final decision within 30 days after the end of the comment period; and Provide the owner or operator in writing, and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the Secretary determines under §J(2) of this regulation that the owner or operator has not made substantial progress in implementing corrective action and achieving the facility's background levels, then the owner or operator shall begin closure in accordance with the deadlines in §§A—F of this regulation. The final determinations made by the Secretary under §§L and M of this regulation are not subject to administrative appeal. During the partial and final closure periods, the owner or operator shall properly dispose of or decontaminate all contaminated equipment, structures, and soil unless specified otherwise in Regulations .18D, .19B(4), .20B(6), or .22B(3) of this chapter, or in 40 CFR §265.280, which is incorporated by reference in Regulation .21A of this chapter. By removing all hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that hazardous waste in accordance with all applicable requirements of COMAR 26.13.03. Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment unit, and landfill unit, and within 60 days of completion of final closure, the owner or operator shall submit to the Secretary, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification required in §A of this regulation shall be signed by the owner or operator and by an independent registered professional engineer. The owner or operator shall furnish documentation supporting the independent registered professional engineer's certification to the Secretary upon request until the owner or operator is released from the financial assurance requirements for closure under 40 CFR §265.143(h), which is incorporated by reference in Regulation .16 of this chapter. Applicability. This regulation and Regulations .13 —.15 of this chapter apply to the owners and operators of: All hazardous waste disposal facilities; Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure to the extent that these regulations are made applicable to these facilities in Regulation .19B(4) or .20B(6) of this chapter; Tank systems that are required under Regulation .18D of this chapter to meet, under COMAR 26.13.05.10-7C, the requirements for landfills; Hazardous waste munitions and explosives storage units that are required under Regulation .28 of this chapter to meet, under COMAR 26.13.05.21C(3), the requirements for landfills; and Containment buildings that are required under Regulation .29 of this chapter to meet, under COMAR 26.13.05.18-3C, the requirements for landfills. Survey Plat. Not later than the date of submission of the certification of closure of each hazardous waste disposal unit, an owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. The survey plat shall be prepared and certified by a professional land surveyor. The survey plat filed with the local zoning authority or the authority with jurisdiction over local land use, as required in §B(1) of this regulation, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable requirements of Regulations .07—.15 of this chapter. Post-Closure Care and Use of Property. Post-closure care for each hazardous waste management unit subject to the requirements of this section and Regulations .13—.15 of this chapter shall begin after completion of closure of the unit and continue for 30 years after that date. Post-closure care required in §C(1) of this regulation shall consist of at least the following: Monitoring and reporting in accordance with the requirements of Regulations .06 and .19—.22 of this chapter; and Maintenance and monitoring of waste containment systems in accordance with the requirements of Regulations .06 and .19—.22 of this chapter. The Secretary may, in accordance with §C(4) or (5) of this regulation, either shorten or lengthen the post-closure care period applicable to a hazardous waste management unit or facility: At any time preceding closure of a hazardous waste unit or facility that is subject to post-closure care requirements or final closure; or At any time during the post-closure period for a particular hazardous waste disposal unit. The Secretary may shorten the post-closure care period applicable to a hazardous waste management unit or facility if: All disposal units have been closed; and The Secretary finds that the reduced period is sufficient to protect human health and the environment, for example, by determining that leachate or ground water monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or reuse techniques indicate that the hazardous waste management unit or facility is secure. The Secretary may extend the post-closure care period applicable to a hazardous waste management unit or facility if the Secretary finds that the extended period is necessary to protect human health and the environment. For example, the post-closure care period may be extended if leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment. The Secretary may require, at partial and final closure, continuation of any of the security requirements of Regulation .02 of this chapter during part or all of the post-closure period when: Hazardous wastes may remain exposed after completion of partial or final closure; or Access by the public or domestic livestock may pose a hazard to human health. If hazardous waste remains on or in a property after partial or final closure, a person may not engage in any post-closure use of the property which would disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the facility's monitoring systems, unless the Secretary finds that the disturbance: Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or Is necessary to reduce a threat to human health or the environment. All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in Regulation .13 of this chapter. Written Plan. By May 19, 1981, the owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous wastes at closure shall prepare a post-closure plan and submit it to the Secretary within 90 days of the date that the owner, operator, or Secretary determines that the hazardous waste management unit or facility shall be closed as a landfill, subject to the requirements of this regulation, Regulation .12C, and Regulations .14 and .15 of this chapter. Except as provided in §C of this regulation, until final closure of the facility, the owner or operator shall furnish a copy of the most current post-closure plan to the Secretary upon request, including request by mail. During site inspections, on the day of the inspection, the owner or operator of a facility without an approved post-closure plan shall provide a copy of the most current post-closure plan to any officer, employee, or representative of the Department who is designated by the Secretary. Following certification of final closure, the approved post-closure plan shall be kept by the person or office specified in §E of this regulation during the post-closure period. For each hazardous waste management unit subject to the requirements of this section, the owner or operator shall: Identify in the post-closure plan the activities that will be carried on after closure of each disposal unit and the frequency of these activities; and Include in the post-closure plan, at least, the following: A description of the planned monitoring activities, and frequencies at which they will be performed, to comply with Regulations .06 and .19—.22 of this chapter during the post-closure care period, A description of the planned maintenance activities, and frequencies at which they will be performed to ensure the integrity of the cap and final cover or other containment systems in accordance with the requirements of Regulations .19—.22 of this chapter, A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure the function of the monitoring equipment in accordance with the requirements of Regulations .06 and .19—.22 of this chapter, and The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period. Amendment of Plan. The owner or operator may amend the post-closure plan at any time during the active life of the facility or during the post-closure care period. An owner or operator with an approved post-closure plan shall submit a written request to the Secretary to authorize a change to the approved plan. The written request shall include a copy of the amended post-closure plan for approval by the Secretary. The owner or operator shall amend the post-closure plan whenever: Changes in operating plans or facility design affect the post-closure plan; or Events, which occur during the active life of the facility, including partial and final closures, affect the post-closure plan. The owner or operator shall amend the post-closure plan: At least 60 days before a proposed change in facility design or operation which will affect the post-closure plan; or Not later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator with an approved post-closure plan shall submit the amended plan required by §F(3) and (4) of this regulation to the Secretary: At least 60 days before the proposed change in facility design or operation; or Not more than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment who failed to remove all hazardous wastes at closure in accordance with Regulation .19B(4) of this chapter, or an owner or operator of a waste pile who failed to remove all hazardous wastes at closure in accordance with Regulation .20B(6) of this chapter, shall: Close the unit as a landfill in accordance with Regulation .22B(3) of this chapter; and Submit a post-closure plan to the Secretary within 90 days of the determination by the owner, operator, or Secretary that the unit is to be closed as a landfill. Unless the amendment to the post-closure plan is a minor modification according to the criteria in COMAR 26.13.07.13—.13-3, the modification to the post-closure plan shall be approved according to the procedures in §§J—M of this regulation. Modification at the Request of the Secretary. The Secretary may request modifications to the post-closure plan under the conditions described in §F(3)(a) and (b) of this regulation. An owner or operator with an approved post-closure plan shall submit the modified post-closure plan not later than 60 days after the request from the Secretary. Unless the amendment to the post-closure plan is considered a minor modification according to the criteria in COMAR 26.13.07.13—.13-3, the modifications to the post-closure plan shall be approved in accordance with the procedures in §§J—M of this regulation. If the Secretary determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure is required to close the facility as a landfill, the owner or operator shall submit a post-closure plan for approval to the Secretary within 90 days of the determination. The owner or operator of a facility with hazardous waste management units subject to the requirements of this regulation shall submit a post-closure plan to the Secretary at least 180 days before the date on which the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. For the purpose of §G of this regulation, the date on which the owner or operator expects to begin closure of the first hazardous waste disposal unit shall be either: Within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste; or If there is a reasonable possibility that the owner or operator of the hazardous waste management unit will place additional hazardous wastes in the unit, not later than 1 year after the date on which the most recent volume of hazardous wastes is placed in the unit. The owner or operator of an interim status facility shall submit a post-closure plan to the Secretary not later than 15 days after: Termination of interim status, except when a permit is issued to the facility simultaneously with termination of interim status; or Issuance of a judicial decree or final orders under §3008 of RCRA or the Environment Article, Title 7, Annotated Code of Maryland, to cease receiving wastes or close. The Secretary shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan for up to 30 days from the date of the notice. The Secretary may, in response to a request or at the Secretary's discretion in the absence of a request, hold a public hearing if a hearing might clarify one or more issues concerning a post-closure plan. If a public hearing is held, the Secretary shall give public notice of the hearing at least 30 days before it occurs. The Secretary shall: Approve, modify, or disapprove the post-closure plan within 90 days of its receipt; Provide the owner or operator with a detailed written statement of reasons for the disapproval if the Secretary does not approve the post-closure plan, and require that the owner or operator modify the plan or submit a new plan for approval within 30 days after receiving the written statement; Approve or modify a post-closure plan revised in response to a disapproval under §L(1) of this regulation in writing within 60 days, and, if the Secretary further modifies the plan, designate this modified plan as the approved post-closure plan; Ensure that the approved post-closure plan is consistent with this section and Regulations .12, .14, and .15 of this chapter; and Mail to the owner or operator a copy of the plan as modified in §L(3) of this regulation and a detailed statement of reasons for the modifications to the owner or operator. The Secretary may give notice of the public hearing under §K of this regulation at the same time as the notice of the opportunity to submit comments under §J of this regulation, and may combine the two notices. The post-closure plan and length of the post-closure care period may be modified any time before the end of the post-closure care period. The owner or operator or any member of the public may petition the Secretary to: Extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause; or Alter the requirements of the post-closure care period based on cause. A person submitting a petition as described in §O of this regulation shall include in the petition evidence demonstrating that: The secure nature of the hazardous waste management unit or facility either makes the post-closure care requirements unnecessary, or supports reduction of the post-closure care period specified in the current post-closure plan, based upon information such as leachate or ground water monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, or reuse techniques which indicate that the facility is secure; or The requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threats to human health and the environment, such as when leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment. Consideration of Petitions by the Secretary. The Secretary shall consider the petitions described in §§O and P of this regulation only if the petitions present new and relevant information not previously considered by the Secretary. In considering a petition, the Secretary: Shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments up to 30 days after the date of the notice; Shall, in response to a request by the owner or operator or the public, hold a public hearing if a hearing might clarify one or more issues concerning the post-closure plan; May, at the Secretary's discretion if no request is received, hold a public hearing if a hearing might clarify one or more issues concerning the post-closure plan; Shall give the public notice of a hearing at least 30 days before the public hearing occurs; and May give public notice of the hearing under §Q(2)(b) and (c) of this regulation at the same time as notice of the opportunity for written public comments under §Q(2)(a) of this regulation, and may combine the two notices. After considering the public comments, the Secretary shall issue a final determination, based upon the criteria set forth in §P of this regulation. If the Secretary denies a petition described in §O of this regulation, the Secretary shall send the petitioner a brief written response giving a reason for the denial. The Secretary may: Tentatively decide to modify the post-closure plan if the Secretary considers modification of the plan to be necessary to prevent threats to human health and the environment; and Propose to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the post-closure care period based on cause. The Secretary shall provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments up to 30 days after the date of the notice and the opportunity for a public hearing as described in §Q(2)(b) and (c) of this regulation. After considering the comments received, the Secretary shall issue a final determination that is based upon the same criteria as required for petitions under §P of this regulation. Temporary Suspension. The Secretary may include, in the final determination under §R of this regulation, a modification of the post-closure plan, which includes, when appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of the specified period of suspension, the Secretary shall determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment. Not later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of the owner or operator's knowledge and in accordance with any records that the owner or operator has kept. Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall: Record a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that: The land has been used to manage hazardous wastes, Its use is restricted under this regulation and Regulations .07—.15 of this chapter, and The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by Regulation .12B of this chapter and §A of this regulation have been filed with the local zoning authority, or the authority with jurisdiction over local land use, and with the Secretary; and Submit to the Secretary: A certification signed by the owner or operator that the owner or operator has recorded the notation specified in Regulation .14B(1) of this chapter; and A copy of the document in which the notation has been placed. If the owner, operator, or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment, and soils, the owner or operator shall: Request a modification to the approved post-closure plan in accordance with the requirements of Regulation .13N—U of this chapter; Demonstrate that the removal of hazardous wastes will satisfy the criteria of Regulation .12C(7) of this chapter; and Manage any hazardous waste generated in these removal activities in accordance with all applicable requirements of this subtitle. If the owner or operator is granted approval to conduct the removal activities, the owner or operator may request that the Secretary approve either: The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or The addition of a notation to the deed or instrument indicating the removal of the hazardous waste. Not later than 60 days after the completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Secretary, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification required in §A of this regulation shall be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification shall be furnished to the Secretary upon request until the Secretary releases the owner or operator from the financial assurance requirements for post-closure care under 40 CFR §265.145(h), which is incorporated by reference in Regulation .16 of this chapter. Except as provided in §B of this regulation, an owner or operator of a facility subject to this chapter shall comply with 40 CFR §§265.140—265.148, which is incorporated by reference in COMAR 26.13.01.05B(1)(b). For the purposes of this regulation: Substitute “Secretary” for “Regional Administrator”; Substitute “Department” for “Environmental Protection Agency”; In establishing the financial assurance for closure required by 40 CFR §265.143, a person may not use the financial test or corporate guarantee described in 40 CFR §265.143(e); In establishing the financial assurance for post-closure care required by 40 CFR §265.145, a person may not use the financial test or corporate guarantee described in 40 CFR §265.145(e); 40 CFR §265.140(b)(3) is not incorporated by reference; and In 40 CFR §265.142(a), the reference to 40 CFR §265.1102 is not applicable. The owner or operator of a facility at which containers are managed and who is subject to this chapter shall comply with COMAR 26.13.05.09. General Requirements. An owner or operator of a tank or tank system who is subject to this chapter shall: Except as provided in §§A(2), B, and C of this regulation, comply with COMAR 26.13.05.10—.10-6; and If otherwise required by COMAR 26.13.05.10—.10-6 to comply with: COMAR 26.13.05.10-7, comply instead with the requirements of §D of this regulation, and COMAR 26.13.05.10-7C, comply instead with the requirements of §D(3) of this regulation. Request for Variance from Secondary Containment; Additional Requirements. The Secretary shall: Inform the public, through a newspaper notice, of the availability of the demonstration for a variance required in COMAR 26.13.05.10-5F; Place the notice in a daily or weekly major local newspaper of general circulation; and Provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. Hearings on Demonstrations for Variances. The Secretary shall, at the Secretary's discretion or in response to a request for a public hearing, hold a public hearing if a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing: Shall be given at least 30 days before the date of the public hearing; and May be given at the same time as notice of the opportunity for the public to review and comment on the demonstration for a variance. The public notices required in §B(1)(a) and (2)(b) of this regulation may be combined. Action on Request for Variance. The Secretary shall approve or disapprove the written request for a variance within 90 days of receipt of the demonstration from the owner or operator, and shall notify in writing the owner, operator, and each person who submitted written comments or requested notice of the variance decision. If the demonstration that is submitted in support of the written request for a variance is incomplete or does not include sufficient information, the 90-day time period under §B(4)(a) of this regulation shall begin when the Secretary receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in §B(1) of this regulation is extended, the 90-day time period under §B(4)(a) of this regulation shall be similarly extended. An owner or operator of a tank or tank system: Shall, in place of the requirement of COMAR 26.13.05.10D(1), inspect, if present, overfill or spill control equipment, such as waste-feed cutoff systems, bypass systems, and drainage systems, at least once each operating day to ensure that the equipment is in good working order; Shall, in place of the requirement of COMAR 26.13.05.10-3B(9), provide the type and degree of corrosion protection necessary, based on the informational requirements of COMAR 26.13.05.10-3B(2)(c), to ensure the integrity of the tank system during its use; Is not subject to the requirement of COMAR 26.13.05.10-3A that the written assessment required by COMAR 26.13.05.10-3B(1) be approved by the Secretary; Shall substitute “COMAR 26.13.06.02G" for "40 CFR §264.18(a)" in COMAR 26.13.05.10-3B(2)(e)(ii); Shall, in addition to the requirements of COMAR 26.13.05.10-4B(4), assure that the secondary containment system has sufficient strength and thickness to prevent failure due to the stress of installation; Is not required to make the demonstrations to the Secretary required in COMAR 26.13.05.10-4B(6) and C; and Shall, in place of the requirements of COMAR 26.13.05.10-4G(1)—(4), conduct an annual tank assessment that meets the requirements of COMAR 26.13.05.10-2B(3)(e) for both enterable and non-enterable tanks. Closure and Post-Closure Care of Tank Systems. At the closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless COMAR 26.13.02.03D applies. An owner or operator shall ensure that the closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems meet all of the requirements specified in Regulations .07—.16 of this chapter. If an owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in §D(1) of this regulation, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements of Regulation .22 of this chapter which apply to landfills. In addition, for the purposes of closure, post-closure, and financial responsibility, the tank system is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in Regulations .07—.16 of this chapter. If an owner or operator has a tank system that does not have secondary containment that meets the requirements of COMAR 26.13.05.10-4B—F, and has not been granted a variance from the secondary containment requirements in accordance with COMAR 26.13.05.10-5, then the owner or operator shall: Include in the closure plan for the tank system a: Plan for complying with §D(1) of this regulation, and Contingent plan for complying §D(3) of this regulation; Prepare and submit a contingent post-closure plan for complying with §D(3) of this regulation as part of the part B CHS permit application required under Regulation .01B(5) of this chapter; Reflect, in the cost estimates calculated for closure and post-closure care, the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under §D(1) of this regulation; Base financial assurance on the cost estimates developed in accordance with §D(4)(c) of this regulation; and Ensure that the contingent closure and post-closure plans meet all of the closure, post-closure, and financial responsibility requirements for landfills under Regulations .07—.16 of this chapter. Applicability. This regulation applies to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as Regulation .01 of this chapter otherwise provides. An owner or operator of a surface impoundment subject to this regulation shall comply with the following: COMAR 26.13.05.11C(2), concerning freeboard, except as provided in §C of this regulation; COMAR 26.13.05.11D(1), concerning protective covers for earthen dikes; COMAR 26.13.05.11E, concerning waste analysis and trial test; COMAR 26.13.05.11G(1) and (2), concerning closure and post-closure care, except that the owner or operator: Shall, for the purposes of COMAR 26.13.05.11G(2), comply with the post-closure requirements of Regulations .12—.15 of this chapter instead of the requirements of COMAR 26.13.05.07G; Is not required to comply with the requirement of COMAR 26.13.05.11G(2)(b) to maintain and monitor the leak detection system; and Shall, for the purposes of compliance with COMAR 26.13.05.11G(2)(c), comply with the ground water monitoring requirements of Regulation .06 of this chapter instead of the requirements of COMAR 26.13.05.06—.06-7; COMAR 26.13.05.11I, concerning ignitable or reactive wastes, except that the owner or operator may also place ignitable or reactive waste in a surface impoundment if the owner or operator: Manages the waste in such a way that it is protected from any material or conditions which may cause it to ignite or react; Obtains a certification from a qualified chemist or engineer that, to the best of the chemist's or engineer's knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and Maintains, at the facility, the certification required by §B(5)(b) of this regulation and the basis for the certification; and COMAR 26.13.05.11J, concerning incompatible wastes. Alternate Requirements Concerning Freeboard. The owner or operator: May maintain a freeboard level less than 60 centimeters (2 feet) in a surface impoundment if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of the engineer's knowledge and opinion, prevent overtopping of the dike; and Shall, if the owner or operator maintains a freeboard level of less than 60 centimeters, maintain at the facility: The certification required by §C(1) of this regulation; and Written identification of alternate design features or operating plans which will prevent overtopping. Design Requirements. This section applies to each new surface impoundment unit, replacement of an existing surface impoundment unit, or lateral expansion of an existing surface impoundment unit that is within the area identified in the part A permit application, which receives hazardous waste on or after May 8, 1985. The owner or operator of a unit identified in §D(1) of this regulation shall install two or more liners and a leachate collection system between the liners in accordance with the requirements of COMAR 26.13.05.11D(4)—(8) and D-1. Notification. The owner or operator of each unit referred to in §D(1) of this regulation shall notify the Secretary in writing at least 60 days before receiving waste into the unit. Persons submitting a written notice under §E(1) of this regulation shall file a part B application with the Department within 6 months of the date that the Secretary receives the written notice. Liner and Leachate Collection System Requirements for Initial Permits. Except as provided in §F(2) of this regulation, the Secretary, when issuing the first permit to a facility for a unit subject to this regulation, may not require the installation of a liner or leachate collection system different from that which was installed under §D(2) of this regulation if the owner or operator performed the installation in good faith compliance with: The requirements of §D(2) of this regulation; and Guidance documents governing liners and leachate collection systems under §D(2) of this regulation that have been issued by the Department or the U.S. Environmental Protection Agency, and which were the latest guidance at the time of installation of the system. The Secretary may require the installation of a new liner if the Secretary has reason to believe that a liner installed in response to the requirements of §D(2) of this regulation is leaking. Action Leakage Rate and Response Actions. This section applies to the owner or operator of a surface impoundment unit identified in 40 CFR >S1>265.221(a). The owner or operator shall: Comply with the requirements of 40 CFR §265.222 and 40 CFR §265.223, subject to §F-1(2)(b) of this regulation; and In complying with 40 CFR §265.222 and 40 CFR §265.223, substitute “Secretary” for “Regional Administrator”. Inspections. The owner or operator of a surface impoundment shall: Inspect, at least once each operating day: The freeboard level to ensure compliance with COMAR 26.13.05.11C(2); or The compliance with alternate design features or operating plans that serve to prevent overtopping if freeboard is allowed to be less than 60 centimeters in accordance with §C of this regulation; Inspect, at least once a week, the surface impoundment, including dikes and vegetation surrounding the dikes, to detect any leaks, deterioration, or failures in the impoundment; Comply with the requirements of 40 CFR §265.226(b) concerning the recording of information about the removal of liquids from leak detection system sumps, subject to §G(4) of this regulation; and In complying with 40 CFR §265.226(b), substitute “Secretary” for “Regional Administrator”. Compliance Schedule — Newly Regulated Impoundments. The owner or operator of a surface impoundment that is newly subject to §3005(j)(1) of RCRA due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall assure that the surface impoundment is in compliance with §D of this regulation not later than 48 months after the promulgation of the additional listing or characteristic. The compliance period of §H(1) of this regulation may not be cut short as a result of the promulgation of land disposal restrictions under 40 CFR Part 268 or the granting of an extension to the effective date of a prohibition under 40 CFR §268.5 within the 48-month period identified in §H(1) of this regulation. Applicability. This regulation applies to owners and operators of facilities that store or treat hazardous waste in piles, except as §A(2) of this regulation or Regulation .01 of this chapter otherwise provides. Instead of complying with the requirements of this regulation for the storage or treatment of hazardous waste in piles, an owner or operator may manage the pile of hazardous waste as a landfill in compliance with the requirements of Regulation .22 of this chapter. This regulation is not applicable to waste piles that are closed with wastes left in place. Owners or operators of these waste piles shall comply with the requirements of Regulation .22 of this chapter. An owner or operator of a waste pile subject to this regulation shall comply with: COMAR 26.13.05.12B(6), concerning the control of wind dispersal of particulate matter; COMAR 26.13.05.12C, concerning waste analysis; COMAR 26.13.05.12E, concerning inspection and testing; COMAR 26.13.05.12G, concerning special requirements for ignitable or reactive waste; COMAR 26.13.05.12H, concerning special requirements for incompatible wastes; COMAR 26.13.05.12I(1) and (2), concerning closure and post-closure care; and The notification requirement of Regulation .19E of this chapter with respect to the waste pile. Control of Precipitation, Run-off, and Run-on. If leachate or run-off from a pile is a hazardous waste, then the owner or operator shall ensure that either: The following requirements are met: The pile is placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage; and The facility is in compliance with: COMAR 26.13.05.12B(3), concerning a run-on control system, COMAR 26.13.05.12B(4), concerning a run-off management system, and COMAR 26.13.05.12B(5), concerning collection and holding facilities for run-off and run-on; or The following requirements are met: The pile is protected from precipitation and run-on by some means other than that required by §C(1) of this regulation; and Liquids or wastes containing free liquids are not placed in the pile. Design Requirements — Liners and Leachate Collection Systems. This section applies to each new waste pile unit, replacement of an existing waste pile unit, or lateral expansion of an existing waste pile unit that is within the area identified in the part A permit application, which receives hazardous waste on or after May 8, 1985. The owner or operator of a unit identified in §D(1) of this regulation shall comply with the requirements of COMAR 26.13.05.12B and D for liners and leachate collection systems or equivalent protection. Containment System Repairs, Contingency Plans. The owner or operator shall comply with the requirements of COMAR 26.13.05.12F, except that a waste pile that is to be closed under COMAR 26.13.05.12F(6) shall be closed in accordance with COMAR 26.13.05.12I(1) and (2). Action Leakage Rate and Response Actions. This section applies to the owner or operator of a waste pile identified in 40 CFR §265.254. The owner or operator shall: Comply with the requirements of 40 CFR §265.255 and 40 CFR §265.259, subject to §F(2)(b) of this regulation; and In complying with 40 CFR §265.255 and 40 CFR §265.259, substitute “Secretary” for “Regional Administrator”. Except as provided in §B of this regulation, an owner or operator of a land treatment facility shall comply with 40 CFR §§265.270—265.282, which are incorporated by reference in COMAR 26.13.01.05B(1)(b). For the purposes of this regulation: Substitute “Secretary” for “Regional Administrator”; Substitute “COMAR 26.13.06.01” for “§265.1”; In 40 CFR §265.280, substitute “In the closure plan under COMAR 26.13.06.08 and the post-closure plan under COMAR 26.13.06.12B ” for “In the closure plan under §265.112 and the post-closure plan under §265.118,”; In 40 CFR §265.281, substitute “An owner or operator may not apply ignitable or reactive waste to a land treatment zone unless all applicable requirements of 40 CFR part 268 are met, and: ” for “The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and treatment zone meet all applicable requirements of 40 CFR part 268, and:”; and In addition to the requirements of 40 CFR §265.272, the owner or operator shall operate and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit. Applicability. This regulation applies to facilities that dispose of hazardous waste in landfills, except as Regulation .01 of this chapter otherwise provides. This regulation also applies to a waste pile used as a disposal facility. A waste pile used as a disposal facility is considered to be a landfill. An owner or operator of a landfill subject to this regulation shall comply with the following: COMAR 26.13.05.14B(6)—(9), concerning control of run-on, run-off, and wind dispersal of particulate matter; COMAR 26.13.05.14I, concerning surveying and record keeping; COMAR 26.13.05.14J, concerning closure and post-closure care, except that: For the purposes of compliance with COMAR 26.13.05.14J(2), the owner or operator shall comply with the requirements of Regulations .12—.15 of this chapter instead of the requirements of COMAR 26.13.05.07GJ; and For the purposes of compliance with COMAR 26.13.05.14J(2)(c), the owner or operator shall comply with the groundwater monitoring requirements contained in Regulation .06 of this chapter instead of the requirements of COMAR 26.13.05.06.—06-7; COMAR 26.13.05.14L, concerning special requirements for ignitable or reactive waste, except that ignitable waste in a container may be landfilled without meeting the requirements of COMAR 26.13.05.14L if: Neither the container nor the waste contains free liquids; The waste is disposed of in such a way that it is protected from any materials or conditions which may cause it to ignite; At a minimum, the owner or operator assures that: The waste is disposed of in nonleaking containers; The container in which the waste is packaged is carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition which might cause ignition of the waste; The waste is covered daily with soil or other noncombustible material to minimize the potential for ignition of the waste; and The waste is not disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste; COMAR 26.13.05.14M, concerning special requirements for incompatible wastes; and COMAR 26.13.05.14O, concerning special requirements for containers. Design Requirements. This section applies to each new landfill unit, replacement of an existing landfill unit, or lateral expansion of an existing landfill unit that is within the area identified in the part A permit application, which receives hazardous waste on or after May 8, 1985. The owner or operator of a unit identified in §C(1) of this regulation shall: Install two or more liners and a leachate collection and removal system above and between the liners; and Ensure that the installation of the liners and the installation and operation of the leachate collection and removal system are conducted in accordance with the requirements of COMAR 26.13.05.14B(3)(5). Notification. The owner or operator of each unit referred to in §C(1) of this regulation shall notify the Secretary at least 60 days before receiving waste into the unit. Persons submitting notice under §D(1) of this regulation shall file a part B application with the Department within 6 months of the date that the Secretary receives the notice. Liner and Leachate Collection System—Requirements for Initial Permits. Except as provided in §E(2) of this regulation, the Secretary, when issuing the first permit to a facility for a unit subject to this regulation, may not require the installation of a liner or leachate collection system different from that which was installed under §C(2) of this regulation if the owner or operator performed the installation in good faith compliance with: The requirements of §C(2) of this regulation; and Guidance documents governing liners and leachate collection systems under §C(2) of this regulation that have been issued by the Department or the U.S. Environmental Protection Agency, and which were the latest guidance at the time of installation of the system. The Secretary may require the installation of a new liner if the Secretary has reason to believe that a liner installed in response to the requirements of §C(2) of this regulation is leaking. Action Leakage Rate and Response Actions. This section applies to the owner or operator of a landfill identified in 40 CFR §265.301(a). The owner or operator shall: Comply with the requirements of 40 CFR §265.302 and 40 CFR §265.303, subject to §E-1(2)(b) of this regulation; and In complying with 40 CFR §265.302 and 40 CFR §265.303, substitute “Secretary” for “Regional Administrator”. Monitoring and Inspection. The owner or operator of a landfill that is subject to §E-1 of this regulation shall: Comply with the requirements of 40 CFR §265.304, subject to §E-2(2) of this regulation; and In complying with 40 CFR §265.304, substitute “Secretary” for “Regional Administrator”. Special Requirements for Liquid Wastes and Containers. Liquids in Landfills Prohibition. Except as provided in §F(3) of this regulation, a person may not place waste containing free liquids in a landfill, including bulk waste, noncontainerized waste, or waste in containers. The prohibition of §F(1)(a) of this regulation applies regardless of whether sorbents have been added to the waste. A person may not use a sorbent to eliminate free liquids from a waste that is to be disposed of in a landfill unless the sorbent meets the requirements of 40 CFR §264.314(d). To demonstrate the absence or presence of free liquids for the purposes of §F(1) of this regulation, a person shall use Method 9095 (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods”, EPA Publication SW-846, as incorporated by reference in COMAR 26.13.01.05A(4). A person may place in a landfill small containers of hazardous waste in overpacked drums, referred to as “lab packs”, if the person assures that the following requirements are met: The lab pack does not hold any waste that contains free liquids; The hazardous waste is packaged in nonleaking inside containers which: Will not react dangerously with the waste the inside containers contain; Will not be decomposed by the waste the inside containers contain; Will not be ignited by the waste the inside containers contain; Are tightly and securely sealed; and Are of the type specified in the U.S. Department of Transportation hazardous materials regulations (49 CFR 173, 178, and 179) if those regulations specify a particular inside-container for the waste; The inside containers are: Overpacked in an open head DOT-specification metal shipping container, as described in 49 CFR 178 and 179, which has a capacity of 416 liters (110 gallons) or less; and Surrounded by absorbent material such that the metal outer container is full after packing with inside containers and absorbent material; The absorbent material required by §F(3)(c)(ii) of this regulation is not capable of reacting dangerously with, being decomposed by, or being ignited by, the contents of the inside containers; Incompatible wastes are not placed in the same outside container; and Reactive waste is treated or rendered nonreactive before it is packaged in accordance with §F(3)(a)—(e) of this regulation, except that cyanide-bearing or sulfide-bearing waste as described in COMAR 26.13.02.13A(5) may be packaged in accordance with §F(3)(a)—(e) of this regulation without first being treated or rendered nonreactive. Applicability. This regulation applies to owners and operators of facilities that incinerate hazardous waste, except as Regulation .01 of this chapter otherwise provides. The following owners or operators are considered to incinerate hazardous waste: Owners or operators of hazardous waste incinerators as defined in COMAR 26.13.01.03B; and Owners or operators who burn hazardous wastes in boilers or in industrial furnaces in order to destroy the wastes. Except as provided in §C of this regulation, an owner or operator of a facility who treats hazardous waste by thermal destruction as defined in COMAR 26.13.01.03B shall comply with 40 CFR §§265.340(b)—265.351, which is incorporated by reference in COMAR 26.13.01.05B(1)(b). An owner or operator of an incinerator subject to this regulation may not burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027. Except as provided in §B of this regulation, an owner or operator of a facility in which thermal treatment and open burning is conducted shall comply with 40 CFR §§265.370—265.382, which is incorporated by reference in COMAR 26.13.01.05B(1)(b). For the purposes of this regulation: Owners and operators of thermal treatment devices subject to this regulation may not burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027; and In 40 CFR §265.370, delete the clause “and Subpart H of part 266, if the unit is a boiler or industrial furnace as defined in §260.10”. Except as provided in §B of this regulation and COMAR 26.13.01.05B(2), an owner or operator who treats hazardous waste using chemical, physical, or biological methods shall comply with 40 CFR §265.400—265.406. For the purposes of this regulation: Substitute “COMAR 26.13.06.01” for “§265.1”; and In 40 CFR §265.400, substitute “COMAR 26.13.06.18, .19, and .21” for “subparts J, K, and M respectively”. Except as provided in §B of this regulation, an owner or operator using drip pads who is subject to this chapter shall comply with the requirements of COMAR 26.13.05.17-1—.17-4. In complying with COMAR 26.13.05.17-4B, the reference to Regulation .22 of this chapter replaces COMAR 26.13.05.14J. A person may not dispose of hazardous waste by underground injection. The owner or operator of a facility at which hazardous waste munitions or hazardous waste explosives are stored and who is subject to this chapter shall comply with COMAR 26.13.05.21. The owner or operator of a facility at which a containment building is used to manage hazardous waste and who is subject to this chapter shall comply with COMAR 26.13.05.18 —.18-3. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulation .01 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) Regulation .01B amended effective January 31, 1983 (10:2 Md. R. 110) Regulations .01—.27 under new chapter COMAR 26.13.06, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, adopted effective October 16, 2000 (27:20 Md. R. 1843) Regulation .01A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); May 3, 2021 (48:9 Md. R. 359); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876) Regulation .02E amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .05B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .02H adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .07B amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .08E amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .12A amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .19D, G amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .19F-1 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .19H adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .20B, D amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .20F adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .21B amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .22C, F amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .22E-1, E-2 adopted effective January 13, 2022 (49:1 Md. R. 14) Regulation .22F amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .25A amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .28 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .29 adopted effective May 1, 2008 (35:8 Md. R. 809) Except for persons identified in COMAR 26.13.05.01 A(3) or D, 26.13.06.01A(4) or (5), or 26.13.07.23A(1), a person may not operate any facilities without first obtaining a valid CHS permit from the Department. A CHS permit will not be issued without the facility first having applied for an EPA identification number. A person may not begin physical construction of a new facility without having submitted a complete permit application and having received a final permit under this chapter. A facility that is no longer operating but is maintained to permanently contain CHS and does not receive any additional CHS shall also be required to obtain a valid permit from the Department. A permit may be issued or denied for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. Record Keeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this chapter for a period of at least 3 years from the date the application is signed. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign and submit an application to the Secretary as described in this section. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in Regulation .19. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit. The owner shall also sign the permit application. Completeness. The Secretary may not issue a permit before receiving a complete application for a permit. An application for a permit under a program is complete when the Secretary receives an application form, and any supplemental information, which is completed to the Secretary's satisfaction. An application may be deemed by the Secretary as complete, notwithstanding the failure of the owner or operator to submit the exposure information described in §D(37) of this regulation. The Secretary shall judge the completeness of any application for a permit independently of the status of any other permit application or permit for the same facility or activity. The Secretary may deny a permit for the active life of a hazardous waste management unit before receiving a complete application for a permit. Permit Application—General Requirements. Persons submitting a permit application to the Department under this regulation shall submit a duplicate application at the same time to the Region 3 office of the U.S. Environmental Protection Agency. Permit applicants shall assure that permit applications they are submitting are signed in accordance with §§A and B of this regulation and Regulation .03 of this chapter. Permit Information. All applicants, using an application format acceptable to the Department, shall provide the following information to the Secretary: The activities conducted by the applicant which require it to obtain a permit. Name, mailing address, and location of the facility for which the application is submitted. Up to four SIC codes which best reflect the principal products or services provided by the facility. The operator's name, address, telephone number, ownership status, and status as federal, State, private, public or other entity. A listing of all permits or construction approvals received or applied under any of the following programs: Hazardous Waste Management program under the Resource Conservation and Recovery Act; Underground Injection Control program under the Safe Drinking Water Act; NPDES program under the Clean Water Act; Prevention of Significant Deterioration (PSD) program under the Clean Air Act; Nonattainment program under the Clean Air Act; National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act; Ocean dumping permits under the Marine Protection Research and Sanctuaries Act; Dredge or fill permits under §404 of the Clean Water Act; Other relevant environmental permits, including State permits. A topographic map (or other map if a topographic map is unavailable) extending 1 mile beyond the property boundaries of the source, depicting the facility and: Each of its intake and discharge structures; Each of its hazardous waste treatment, storage, or disposal facilities; Each well where fluids from the facility are injected underground; and Those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary. A brief description of the nature of business. The latitude and longitude of the facility. The name, address, and telephone number of the owner of the facility. An indication of whether the facility is new or existing and whether it is a first or revised application. For existing facilities, a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas. For existing facilities, photographs of the facility clearly delineating all: Existing structures; Existing treatment, storage, and disposal areas; and Sites of future treatment, storage, and disposal areas. A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items. A specification of the hazardous wastes listed or designated in COMAR 26.13.02 to be treated, stored, or disposed at the facility, an estimate of the quantity of the wastes to be treated, stored, or disposed of annually, and a general description of the processes to be used for the wastes. A general description of the facility. Chemical and physical analyses of the hazardous wastes to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes in accordance with COMAR 26.13.05. A copy of the waste analysis plan required by COMAR 26.13.05.02D. A description of the security procedures and equipment required by COMAR 26.13.05.02E. A copy of the general inspection schedule required by COMAR 26.13.05.02F(2). Include, when applicable, as part of the inspection schedule, specific requirements in COMAR 26.13.05.09E, .10D, .10-4G, .11F, .12E, .13D, .14C, .16I, .16-1C. A justification of any request for a waiver or waivers of the preparedness and prevention requirements of COMAR 26.13.05.03. A copy of the contingency plan required by COMAR 26.13.05.04. A description of procedures, structures, or equipment used at the facility to: Prevent hazardous discharge in unloading operations (for example, ramps, special forklifts); Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches); Prevent contamination of water supplies; Mitigate effects of equipment failure and power outages; Prevent undue exposure of personnel to hazardous waste (for example, protective clothing). Traffic pattern, volume, and control (for example, show turns across traffic lanes, and stacking lanes if appropriate, provide access road surfacing and load bearing capacity, show traffic control signals, provide estimates of traffic volume (number of types of vehicles)). A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with COMAR 26.13.05.02H including documentation demonstrating compliance with COMAR 26.13.05.02H(3). The political jurisdiction in which the facility is proposed to be located. Flood Map. Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year flood plain. This identification shall indicate the source of data for the determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used if a FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (for example, wave action) which shall be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood. If maps for the National Flood Insurance Program produced by the Federal Emergency Management Agency are available, they will normally be determinative whether a facility is located within or outside of the 100-year flood plain. However, if the FIA map excludes an area (usually areas of the flood plain less than 200 feet in width), these areas shall be considered and a determination made as to whether they are in the 100-year flood plain. If FIA maps are not available for a proposed facility location, the owner or operator shall use equivalent mapping techniques to determine whether the facility is within the 100-year flood plain, and if so located, what the 100-year flood elevation would be. Owners and operators of facilities located in the 100-year flood plain shall provide the following information: Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as a consequence of a 100-year flood. Structural or other engineering studies showing the design of operational units (for example, tanks, incinerators) and flood protection devices (for example, floodwalls, dikes) at the facility, and how these will prevent washout. If applicable, and instead of the information required by §D(27)(a) and (b) of this regulation, a detailed description of procedures to be followed to remove hazardous waste safely before the facility is flooded, including: The timing of movement relative to flood levels, including estimated time to move the waste, to show that this movement can be completed before flood waters reach the facility; A description of the location or locations to which the waste will be moved and a demonstration that those facilities will be eligible to receive hazardous waste in accordance with COMAR 26.13.0126.13.09; The planned procedures, equipment, and personnel to be used and the means to ensure that the resources will be available in time for use; and The potential for accidental discharges of the waste during movement. For an existing facility not in compliance with the requirements of COMAR 26.13.05.02-1B(2), a plan showing how the facility will be brought into compliance and a schedule for compliance. An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with COMAR 26.13.05.02G. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in COMAR 26.13.05.02G(1)(c). A copy of the closure plan and, when applicable, the post-closure plan required by COMAR 26.13.05.07C and H. An owner or operator shall include, when applicable, as part of the plan, specific requirements in COMAR 26.13.05.09I, .10-7, .11G, .12I, .13K, .14J, .16L, and .16-1B and D. For hazardous waste disposal units that have been closed, documentation that notices required under COMAR 26.13.05.07I have been filed. The most recent closure cost estimate for the facility prepared in accordance with 40 CFR §264.142, as incorporated by reference in COMAR 26.13.05.08, and a copy of the documentation required to demonstrate financial assurance under 40 CFR §264.143, as incorporated by reference in COMAR 26.13.05.08. For a new facility, a copy of the required documentation may be submitted 60 days before the initial receipt of hazardous wastes, if that is later than the submission of the permit application. If applicable, the most recent post-closure cost estimate for the facility prepared in accordance with 40 CFR §264.144, as incorporated by reference in COMAR 26.13.05.08, plus a copy of the documentation required to demonstrate financial assurance under 40 CFR §264.145, as incorporated by reference in COMAR 26.13.05.08. For a new facility, a copy of the required documentation may be submitted 60 days before the initial receipt of hazardous wastes, if that is later than the submission of the permit application. When applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of 40 CFR §264.147. For a new facility, documentation showing the amount of insurance meeting the specification of 40 CFR §264.147(a) and, if applicable, 40 CFR §264.147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in 40 CFR §264.147(c). When appropriate, proof of coverage by a State financial mechanism in compliance with 40 CFR §§264.149—264.150. A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meter (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of hazardous waste management facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following: Map scale and date; 100-year flood plain area; Surface waters including intermittent streams; Surrounding land uses (residential, commercial, agricultural, recreational); A wind rose (for example, prevailing windspeed and direction); Orientation of the map (north arrow); Legal boundaries of the hazardous waste management facility site; Access control (fences, gates); Injection and withdrawal wells both on-site and off-site; Building, treatment, storage, or disposal operations, or other structures (recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.); Barriers for drainage or flood control; Location of operational units within the hazardous waste management facility site, where hazardous waste is (or will be) treated, stored, or disposed (include equipment cleanup areas). Applicants may be required to submit such information as may be necessary to enable the Secretary to carry out his duties. Exposure Information. After August 8, 1985, any permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill shall be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. The owner or operator shall assure that information submitted in accordance with §D(37)(a) of this regulation includes, at a minimum: Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit; The potential pathways for human exposure to hazardous wastes of constituents resulting from the releases described under §D(37)(a); and The potential magnitude and nature of the human exposure resulting from these releases. The owner or operator of a landfill or a surface impoundment who has already submitted a part B permit application shall submit the exposure information required in §D(37)(a) and (b) of this regulation by August 8, 1985. A copy of the contingency plan required by COMAR 26.13.05.04, including, when applicable, as part of the contingency plan, specific requirements in COMAR 26.13.05.11H. For each preapplication public meeting held in accordance with Regulation .19-1B of this chapter, the following information as required by Regulation .19-1B(2) of this chapter: A summary of the meeting; A list of persons who attended the meeting and the addresses provided by these persons; and Copies of any written comments or materials submitted at the meeting. For hazardous debris that the facility will manage, a description of each debris category and each contaminant category to be treated, stored, or disposed of at the facility. For a land disposal facility, if a case-by-case extension has been approved under 40 CFR §268.5 or a petition has been approved under 40 CFR §268.6, a copy of the notice of approval for the extension or petition. Any facility with an effective permit shall submit to the Secretary a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Secretary. The later date may not be after the expiration date of the effective permit. Applicability. This regulation applies to persons seeking or required to obtain a controlled hazardous substances (CHS) facility permit to manage hazardous waste in a regulated unit, as defined in COMAR 26.13.05.06A(2)(b). Except as otherwise provided in COMAR 26.13.05.06A(3), a person subject to this regulation shall provide the following additional information regarding protection of ground water as a part of the permit application: A summary of the ground water monitoring data obtained from the requirements of COMAR 26.13.05.06A—E, when applicable; Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground water flow direction and rate, and the basis for the identification, such as the information obtained from hydrogeologic investigation of the facility area; On the topographic map required under Regulation .02D(6) of this chapter, a delineation of the waste management area, the property boundary, the proposed point of compliance as defined under COMAR 26.13.05.06-1D, the proposed location of ground water monitoring wells as required under COMAR 26.13.05.06-2 and, to the extent possible, the information required in §B(2) of this regulation; A description of any plume of contamination that has entered the ground water from a regulated unit at the time the application is submitted that: Delineates the extent of the plume on the topographic map required under Regulation .02D(6)(b) of this chapter; and Identifies the concentration of each constituent from Appendix IX Ground Water Monitoring List of 40 CFR Part 264, which is incorporated by reference in COMAR 26.13.01.05B(1)(c), throughout the plume, or identifies the maximum concentrations of each constituent in the plume; Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of COMAR 26.13.05.06-2; If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of COMAR 26.13.05.06-4, including: A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water; A proposed ground water monitoring system; Background values for each proposed monitoring parameter or constituent, or procedures to calculate these values; and A description of proposed sampling analysis and statistical comparison procedures to be used in evaluating ground water monitoring data; The following information if the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of permit application: Sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of COMAR 26.13.05.06-5; An engineering feasibility plan for a corrective action program necessary to meet the requirements of COMAR 26.13.05.06-6, except as provided by COMAR 26.13.05.06-4H(5), unless the permit applicant obtains written authorization in advance from the Secretary to submit a proposed permit schedule for submittal of the plan; and The following items to demonstrate compliance with COMAR 26.13.05.06-5: A description of the wastes previously handled at the facility; A characterization of the contaminated ground water, including concentrations of hazardous constituents; A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with COMAR 26.13.05.06-2 and .06-5; Proposed concentration limits for each hazardous constituent, based on the criteria set forth in COMAR 26.13.05.06-1C, including a justification for establishing any alternate concentration limits; Detailed plans and an engineering report describing the proposed ground water monitoring system, in accordance with the requirements of COMAR 26.13.05.06-2; and A description of proposed sampling, analysis, and statistical comparison procedures to be used in evaluating ground water monitoring data. Information Concerning a Corrective Action Program. Under the circumstances described in §C(2) of this regulation, a person identified in §A of this regulation shall either: Provide, as part of a CHS facility permit application, sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of COMAR 26.13.05.06-6; or Comply with the following requirements: Demonstrate to the Secretary that alternate concentration limits will protect human health and the environment after considering the criteria listed in COMAR 26.13.05.06-1C(2); and Provide as part of a CHS facility permit application, sufficient information to establish a compliance monitoring program which meets the requirements of §B of this regulation and COMAR 26.13.05.06-5. The requirements of §C(1) of this regulation apply if: Hazardous constituents have been measured in the ground water at levels which exceed the concentration limits established under COMAR 26.13.05.06-1C, Table 1; or Ground water monitoring conducted at the time of permit application under COMAR 26.13.05.06-1 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations. A person required by §C(1) of this regulation to submit information concerning a corrective action program under COMAR 26.13.05.06-6 shall address, at a minimum, the following items: A characterization of the contaminated ground water, including concentration of hazardous constituents; The concentration limit for each hazardous constituent found in the ground water as set forth in COMAR 26.13.05.06-1C; Detailed plans and an engineering report describing the corrective action to be taken; and A description of how the ground water monitoring program will assess the adequacy of the corrective action. The Secretary may issue a permit containing a schedule for submittal of the information required in §C(3)(c)—(d) of this regulation if the permit applicant obtains written authorization from the Secretary before submittal of the complete permit application. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to manage hazardous waste in containers shall provide the Secretary with the specific information required by §§B and C of this regulation. For facilities that store containers of hazardous waste, except as otherwise provided in COMAR 26.13.05.09, the permit applicant shall provide the following information: A description of the containment system to demonstrate compliance with COMAR 26.13.05.09H which includes at least the following: Basic design parameters, dimensions, and materials of construction; A description of how the design promotes drainage or how containers are kept from contact with standing liquids in the containment system; Capacity of the containment system relative to the number and volume of containers to be stored; A description of provisions for preventing or managing run-on; and A description of how accumulated liquids can be analyzed and removed to prevent overflow; Sketches, drawings, or data demonstrating compliance with COMAR 26.13.05.09F, concerning location of buffer zone and containers holding ignitable or reactive wastes, and COMAR 26.13.05.09G(3), concerning location of incompatible wastes, if applicable; and If incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with COMAR 26.13.05.02H(2) and (3) and 26.13.05.09G(1) and (2). For storage areas that store containers holding wastes that do not contain free liquids the permit applicant shall demonstrate compliance with COMAR 26.13.05.09H(4), including: Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to manage hazardous waste in tanks shall provide the Secretary with the specific information required by §B of this regulation. For facilities that use tanks to store or treat hazardous waste, except as otherwise provided in COMAR 26.13.05.10A, the permit applicant shall provide a description of design and operating procedures which demonstrate compliance with requirements of all of COMAR 26.13.05.10—.10-7, including: References to design standards or other available information used, or to be used, in design and construction of the tank; A description of design specifications including identification of construction materials and lining materials, including pertinent characteristics such as corrosion or erosion resistance; For each tank, the dimensions, capacity, and shell thickness of the tank; A diagram of piping, instrumentation, and process flow for each tank system; Description of feed systems, safety cutoff, bypass systems, and pressure controls, for example, vents; A written assessment that has been reviewed and certified by an independent qualified registered professional engineer that attests to the structural integrity and suitability for handling hazardous waste of each tank system, as required under COMAR 26.13.05.10-2 and .10-3; A description of materials and equipment used to provide external corrosion protection, as required under COMAR 26.13.05.10-3B(2)(c)(ii); For new tank systems, a detailed description of how the tank system or systems will be installed in compliance with COMAR 26.13.05.10-3B(4)—(8); Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of COMAR 26.13.05.10-4A—F; For tank systems for which a variance from the requirements of COMAR 26.13.05.10-4 is sought, as provided by COMAR 26.13.05.10-5: Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment; A description of controls and practices to prevent spills and overflows, as required by COMAR 26.13.05.10C(2); and For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of COMAR 26.13.05.10-1A and B. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to use a surface impoundment to store, dispose, or treat hazardous waste shall provide the Secretary with the specific information required by §B of this regulation. For facilities that store, dispose of, or treat hazardous waste in surface impoundments, except as otherwise provided in COMAR 26.13.05.11, the permit applicant shall submit detailed plans and specifications accompanied by an engineering report which shall collectively include the following information: A statement of the minimum freeboard to be maintained at the facility and the basis of the design to demonstrate compliance with freeboard requirements of COMAR 26.13.05.11B(1) and C(1) and (2), including, for flow-through facilities a hydraulic profile; Detailed drawings of the structure which is or will be provided to immediately stop flow into the impoundment to comply with COMAR 26.13.05.11B(2), or, if no structure is needed to comply with COMAR 26.13.05.11H(3)(a), a description of the means by which waste additions will be stopped; Detailed drawings of any dikes which exist or will be constructed; For any dike associated with the surface impoundment: A basis of design and design analysis of the dike to comply with COMAR 26.13.05.11B(4) and I(1); and A demonstration, through the design analysis, that the dike will meet the requirements of COMAR 26.13.05.11F(3)(a); Detailed design drawings and specifications of liner or liners and the leachate detection, collection, and removal system and the basis of design and design analysis to comply with COMAR 26.13.05.11B(3)—(5), and D(2)—(5); Liner installation instructions to comply with the requirements of COMAR 26.13.05.11F(1), and for existing facilities if owner or operator proposes to rely on existing liners, a description of the installation procedures used; Design details of the leachate removal system, the basis of design, and a description of the operating procedures to be used to ensure free flow from the collection system in accordance with COMAR 26.13.05.11C(4); Design plans and specifications and basis of design of any structures needed to comply with COMAR 26.13.05.11C(5); A description of the maintenance and repair procedures proposed to comply with COMAR 26.13.05.11C(4) and Regulation .07C of this chapter; A description of the operating procedures that will ensure compliance with COMAR 26.13.05.11I and J; A certification by a qualified engineer which complies with COMAR 26.13.05.11F(3) or, for a new facility, a statement by a qualified engineer that the engineer will provide this certification upon completion of construction in accordance with the plans and specifications; A description of the procedure to be used for removing a surface impoundment from service, as required under COMAR 26.13.05.11H(2) and (3), as part of the contingency plan submitted under Regulation .02D(21) of this chapter; As part of the closure plan, and, if applicable, the post-closure plan submitted under Regulation .02D(29) of this chapter: A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under COMAR 26.13.05.11G(1)(a); and For any wastes not to be removed from the unit upon closure, detailed plans and an engineering report describing how COMAR 26.13.05.11G(1)(b)—(d) and (2) will be complied with; If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how COMAR 26.13.05.11I will be complied with; If incompatible wastes and materials will be placed in a surface impoundment, an explanation of how COMAR 26.13.05.11J will be complied with; A description of the liner system or, if an exemption from the requirement for a liner is sought as provided by COMAR 26.13.05.11B(6), detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time; A waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that: Describes how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.11K; and Addresses the: Volume, physical characteristics, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere; Attenuative properties of underlying and surrounding soils or other materials; Mobilizing properties of other materials co-disposed with these wastes; and Effectiveness of additional treatment, design, or monitoring techniques; A list of the hazardous wastes placed or to be placed in each surface impoundment; If the leak detection system is located in a saturated zone, detailed plans and an engineering report explaining the leak detection system's design and operation, and the location of the saturated zone in relation to the leak detection system; The construction quality assurance plan required by COMAR 26.13.05.02-2; If required under COMAR 26.13.05.11D-2, a proposed action leakage rate with rationale and supporting information; and If required under COMAR 26.13.05.11D-3, a response action plan. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to use a waste pile to store, dispose, or treat hazardous waste shall provide the Secretary with the specific information required by §B of this regulation. For facilities that store or treat hazardous waste in waste piles, except as otherwise provided in COMAR 26.13.05.12, the permit applicant shall provide the following information: A description of practices to control wind dispersal (for example, cover or frequent wetting) of hazardous waste in piles so that the Secretary, when necessary, can specify appropriate control measures; Detailed plans and an engineering report which: Demonstrate that the design of the waste pile meets the requirements of COMAR 26.13.05.12B and D; Demonstrate how the waste pile will be constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.12B and D; Include the following information: A description of measures to divert run-on away from the pile; A description of the leachate and run-off collection and control system; A description of the foundation supporting the base; Design specifications of the pile base and liner or liners, including the estimated containment life of the base and the permeability of the liner or liners; Estimated life of the hazardous waste pile; and If applicable under COMAR 26.13.05.12D(1)(a)(ii), a description of the leachate detection, collection, and removal system including the system's relation to the water table and a description of any efforts to control the water table; A detailed description of the facility operating procedures which demonstrates compliance with COMAR 26.13.05.12D, G, and H, including: A description of efforts to protect the containment system from plant growth which could puncture any component of the system; A description of design and operating procedures to properly manage and dispose of any leachate that is a hazardous waste; A description and listing of all equipment and procedures used to place the waste in or on the pile or to clean and expose the liner surface; and A description of efforts to separate hazardous waste that is incompatible with any waste or material stored nearby, including the design specifications of any dike, berm, wall, or other device used to separate the materials; If applicable under COMAR 26.13.05.12, a description of the leachate detection, collection, and removal system, including the system's relation to the water table and a description of any efforts to control the water table; As part of the inspection plan submitted under Regulation .02D(19) of this chapter, a description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of COMAR 26.13.05.12D and E; If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quantity of the residuals; If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how an owner or operator will comply with the requirements of COMAR 26.13.05.12G; If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how an owner or operator will comply with the requirements of COMAR 26.13.05.12H; As part of the closure plan and, if applicable, the post-closure plan submitted under Regulation .02D(29) of this chapter: A description of how hazardous waste residues and contaminated materials will be removed from the waste pile upon closure; and Detailed plans and an engineering report describing how the owner or operator will comply with COMAR 26.13.05.12I; A waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that: Describes how a waste pile that is not enclosed, as defined in COMAR 26.13.05.12A, is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.12J; and Addresses the: Volume, physical characteristics, and chemical characteristics of the wastes to be disposed of in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere; Attenuative properties of underlying and surrounding soils or other materials; Mobilizing properties of other materials co-disposed with these wastes; and Effectiveness of additional treatment, design, or monitoring techniques; A list of the hazardous wastes placed, or to be placed, in each waste pile; If the permit applicant seeks an exemption from the requirements of COMAR 26.13.05.12B and D, and .06—.06-7, as provided by COMAR 26.13.05.12A(2) or .06A(3)(b), an explanation of how the standards of COMAR 26.13.05.12A(2) will be complied with or detailed plans and an engineering report describing how the requirements of COMAR 26.13.05.06A(3)(b) will be met; If the leak detection system is located in a saturated zone, detailed plans and an engineering report explaining the leak detection system’s design and operation, and the location of the saturated zone in relation to the leak detection system; The construction quality assurance plan required by COMAR 26.13.05.02-2; If required under COMAR 26.13.05.12D-1, a proposed action leakage rate with rationale and supporting information; and If required under COMAR 26.13.05.11D-2, a response action plan. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to incinerate hazardous waste shall provide the Secretary with the specific information required by §§B and C of this regulation. For facilities that incinerate hazardous waste, except as otherwise provided in COMAR 26.13.05.16B, the permit applicant shall provide the following information: If the applicant is seeking exemption under COMAR 26.13.05.16B, which provides for reduced regulatory requirements for incinerators that burn only ignitable, corrosive, or reactive wastes, documentation that the waste is: Listed as a hazardous waste in COMAR 26.13.02.15—.19 solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; Listed as a hazardous waste in COMAR 26.13.02.15—.19 solely because it is reactive (Hazard Code R) for characteristics other than those listed in COMAR 26.13.02.12A(4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; A hazardous waste solely because it possesses the characteristics of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under COMAR 26.13.02.11—.12; or A hazardous waste solely because it possesses the reactivity characteristics listed in COMAR 26.13.02.13A(1), (2), (3), (6), (7), or (8), and that it will not be burned when other hazardous wastes are present in the combustion zone; Either: A trial burn plan, or the results of a trial burn, including all required determinations conducted in accordance with Regulation .17 of this chapter; or The information required by §C of this regulation. If the permit applicant does not submit a trial burn plan or the results of a trial burn under §B(2) of this regulation, the permit applicant shall submit the following information: An analysis, using the analytical techniques specified in COMAR 26.13.02.22, of each waste or mixture of wastes to be burned including: Heat value of the waste in the form and composition in which it will be burned; Viscosity, if applicable, or description of physical form of the waste; An identification of any hazardous organic constituents listed in COMAR 26.13.02.24, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in COMAR 26.13.02.24 which would reasonably not be expected to be found in the waste; A list of the constituents excluded from the analysis required by §C(1)(c) of this regulation and the basis for their exclusion; An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in COMAR 26.13.02.22; and A quantification of those hazardous constituents in the waste which may be designated as POHCs under COMAR 26.13.05.16E, based on data submitted from other trial or operational burns which demonstrate compliance with the performance standard in COMAR 26.13.05.16F; A detailed engineering description of the hazardous waste incinerator, including: Manufacturer's name and model number of incinerator; Type of incinerator; Linear dimension of incinerator unit including cross-sectional area of combustion chamber; Description of auxiliary fuel system (type/feed); Capacity of prime mover; Description of automatic waste feed cutoff system or systems; Stack gas monitoring and pollution control monitoring system; Nozzle and burner design; Construction materials; Location and description of temperature, pressure, and flow indicating devices and control devices; A description and analysis of the waste to be burned that: Provides a comparison with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed; Includes the items listed in §C(1) of this regulation; and Specifies the POHCs which the applicant has identified in the waste for which a permit is sought, and any differences from the POHCs in the waste for which burn data are provided; The design and operating conditions of the hazardous waste incinerator unit to be used, compared with that for which comparative burn data are available; A description of the results submitted from any previously conducted trial burn or burns, including: Sampling and analysis techniques used to calculate performance standards in COMAR 26.13.05.16F; Methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity, including a statement concerning the precision and accuracy of this measurement; and The certification and results required by Regulation .17 of this chapter; The expected hazardous waste incinerator operation information to demonstrate compliance with COMAR 26.13.05.16F and H, including: Expected carbon monoxide (CO) level in the stack exhaust gas; Waste feed rate; Combustion zone temperature; Indication of combustion gas velocity; Expected stack gas volume, flow rate, and temperature; Computed residence time for waste in the combustion zone; Expected hydrochloric acid removal efficiency; Expected fugitive emissions and their control procedures; Proposed waste feed cut-off limits based on the identified significant operating parameters; Supplemental information that the Secretary finds necessary to achieve the purpose of this section; Waste analysis data, including that submitted in §C(1) of this regulation, sufficient to allow the Secretary to specify the Principal Organic Hazardous Constituents (POHCs) in the permit for which destruction and removal efficiencies will be required. The Secretary shall approve a permit application without a trial burn, if the Secretary finds that the: Wastes that the applicant seeks to burn are sufficiently similar to the wastes that were used to generate operational and trial burn data that the applicant proposes to use instead of conducting a trial burn; and Hazardous waste incinerator units are sufficiently similar, and the data from other trial burns are sufficiently similar, and the data from other trial burns are adequate to specify, under COMAR 26.13.05.16H, operating conditions that will ensure that the performance standards in COMAR 26.13.05.16F will be met by the incinerator. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses or is proposed to use land treatment to dispose of hazardous waste shall provide the Secretary with the specific information required by §§B—D of this regulation. For facilities that use land treatment to dispose of hazardous waste, except as otherwise provided in COMAR 26.13.05.01, the permit applicant shall provide the following information: A description of plans to conduct a treatment demonstration as required under COMAR 26.13.05.13C that includes the following information: The wastes for which the demonstration will be made and the potential hazardous constituents in the wastes; The data sources to be used to make the treatment demonstration such as scientific literature, laboratory data, field data, or operating data; and A description of any specific laboratory or field test that will be conducted, including: The type of test, such as column leaching or degradation; Materials and methods, including analytical procedures; Expected time for completion; Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices; A description of a land treatment program as required under COMAR 26.13.05.13B, which shall: Be submitted with the plan for the treatment demonstration; Be updated following the treatment demonstration; and Address the following items: The wastes to be land treated; Design measures and operating practices necessary to maximize treatment in accordance with COMAR 26.13.05.13D(1); Waste application method and rate; Measures to control soil pH; Enhancement of microbial or chemical reactions; Control of moisture content; Provisions for unsaturated zone monitoring, including: sampling equipment, procedures, frequency, procedures for selecting sampling locations, analytical procedures, chain of custody control, procedures for establishing background values, statistical methods for interpreting results; The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for the selection in COMAR 26.13.05.13I(1); A list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated based on waste analysis performed in accordance with COMAR 26.13.05.02D; and The proposed dimensions of the treatment zone; A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of COMAR 26.13.05.13D that addresses the following items: Control of run-on; Collection and control of run-off; Minimization of run-off of hazardous constituents from the treatment zone; Management of collection and holding facilities associated with run-on and run-off control systems; Periodic inspection of the unit, as part of the inspection plan submitted under Regulation .02D(19) of this chapter; and Control of wind dispersal of particulate matter, if applicable; A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining the cover during the post-closure care period, as required under COMAR 26.13.05.13K(1)(h) and (3)(b), as part of the closure plan and, if applicable, the post-closure care plan submitted under Regulation .02D(29) of this chapter; If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of COMAR 26.13.05.13L will be complied with; If incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how COMAR 26.13.05.13M will be complied with; A waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that: Describes how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.13N; and Addresses the: Volume, physical characteristics, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere; Attenuative properties of underlying and surrounding soils or other materials; Mobilizing properties of other materials co-disposed with these wastes; and Effectiveness of additional treatment, design, or monitoring techniques; A list of the hazardous wastes to be land treated. If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, the permit applicant shall provide a description of how the demonstration required under COMAR 26.13.05.13G was conducted including: Characteristics of the food-chain crop for which the demonstration will be made; Characteristics of the waste, treatment zone, and waste application method and rate to be used in the demonstration; Procedures for crop growth, sample collection, sample analysis, and data evaluation; and Characteristics of the comparison crop, including the location and conditions under which it was or will be grown. If food-chain crops are to be grown, and cadmium is present in the land treated waste, the permit applicant shall provide a description of how the requirements of COMAR 26.13.05.13G(6) will be complied with. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses, or is proposed to use, a landfill to manage hazardous waste shall provide the Secretary with the specific information required by §B of this regulation. For facilities that dispose of hazardous waste in landfills, except as otherwise provided in COMAR 26.13.05.01, the permit applicant shall provide the following information: A list of the hazardous wastes placed or to be placed in each landfill or landfill cell; A detailed plan and an engineering report that: Describe how the landfill is or will be designed, constructed, operated, and maintained to comply with the requirements of COMAR 26.13.05.02-2 and 14B; and Provide information on the following items as specified in COMAR 26.13.05.14B: The liner system and leachate collection and removal system, except for an existing portion of landfill; If an exemption from the requirements for a liner and a leachate collection and removal system is sought as provided by COMAR 26.13.05.14B(2) or (4), detailed plans and engineering hydrogeologic reports as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time; Control of run-on; Control of run-off; Management of collection and holding facilities associated with run-on and run-off control systems; and Control of wind dispersal of particulate matter, when applicable; A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off will be inspected in order to meet the requirements of COMAR 26.13.05.14C(1)—(4) as part of the inspection plan submitted under Regulation .02D(19) of this chapter; Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with COMAR 26.13.05.14J(1), and a description of how each landfill will be maintained and monitored after closure in accordance with COMAR 26.13.05.14J(2) as part of the closure and post-closure plans submitted under Regulation .02D(29) of this chapter; If food-chain crops are to be grown, and cadmium is present in the land treated waste, a description of how the requirements of COMAR 26.13.05.13G(5) will be complied with; A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining the cover during the post-closure care period, as required under COMAR 26.13.05.13K(1)(h) and (3)(b). This information should be included in the closure plan and, when applicable, the post-closure care plan submitted under Regulation .02D(29) of this chapter; If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of COMAR 26.13.05.13L will be complied with; A waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 that: Describes how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.14P; and Addresses the: Volume, physical characteristics, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere; Attenuative properties of underlying and surrounding soils or other materials; Mobilizing properties of other materials co-disposed with these wastes; and Effectiveness of additional treatment, design, or monitoring techniques; If the leak detection system is located in a saturated zone, detailed plans and an engineering report explaining the leak detection system's design and operation, and the location of the saturated zone in relation to the leak detection system; The construction quality assurance plan required by COMAR 26.13.05.02-2; If required under COMAR 26.13.05.14E, a proposed action leakage rate with rationale and supporting information; and If required under COMAR 26.13.05.14F, a response action plan. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit for a hazardous waste management facility that uses, or is proposed to use, miscellaneous units to manage hazardous waste shall provide the Secretary with the specific information required by §B of this regulation. For facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as otherwise provided in COMAR 26.13.05.16-1A, the permit applicant shall provide the following additional information: A detailed description of the unit being used or proposed for use, including the following: Physical characteristics, materials of construction, and dimensions of the unit; Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of COMAR 26.13.05.16-1B and C; and For disposal units, a detailed description of the plans to comply with the post-closure requirements of COMAR 26.13.05.16-1D; Information that addresses and assures compliance of the unit with each factor in the environmental performance standards of COMAR 26.13.05.16-1B, consisting of either: Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site; or The following: A demonstration, to the Secretary's satisfaction, that the unit meets the environmental performance standards of COMAR 26.13.05.16-1B, and Preliminary hydrologic, geologic, and meteorologic assessments; Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of the exposures; For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data; Any additional information determined by the Secretary to be necessary for evaluation of compliance of the unit with the environmental performance standards of COMAR 26.13.05.16-1B. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit shall provide the Secretary with the following information for each solid waste management unit at the facility: The location of the unit on the topographic map required under Regulation .02D(35) of this chapter; Designation of type of unit; General dimensions and structural description along with any available drawings; When the unit was operated; Specification of all wastes that have been managed at the unit, to the extent available; and All available information pertaining to any release of hazardous wastes or hazardous constituents from the unit. The permit applicant shall conduct and provide the results of sampling and analysis of ground water, land surface and subsurface strata, surface water, or air, which may include the installation of wells, when the Secretary ascertains it is necessary to complete an assessment that will determine if a more complete investigation is necessary. In addition to complying with the requirements of Regulation .02 of this chapter, a person seeking a CHS facility permit to collect, store, or treat hazardous waste on a drip pad shall provide the Secretary with the following specific information in a permit application: A list of hazardous wastes placed or to be placed on each drip pad; If an exemption is sought to the requirements of COMAR 26.13.05.06—.06-7, as provided by COMAR 26.13.05.06A, the detailed plans and an engineering report describing how the requirements of COMAR 26.13.05.06A(3)(b) will be met; and Detailed plans and an engineering report that: Describe how the drip pad has been or will be designed, constructed, operated, and maintained to meet the requirements of COMAR 26.13.05.17-2; Include as-built drawings and specifications; and Include information specified in §B of this regulation. The owner or operator shall ensure that the detailed plans and the engineering report required to be submitted by §A(3) of this regulation include the following items: Information on the: Design characteristics of the drip pad; Liner system; Leakage detection system, including how the system is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time; and Associated collection system; A description of the practices that the owner or operator will use to maintain the drip pad; A description of how the owner or operator will control: Run-on to the drip pad; and Run-off from the drip pad; The interval at which the owner or operator will remove drippage and other materials from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad; The procedures that the owner or operator will use to satisfy the cleaning requirements of COMAR 26.13.05.17-2F, including documentation requirements; The operating practices and procedures that the owner or operator will follow to minimize the tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment; The procedures the owner or operator will follow to ensure that, after removal from the treatment vessel, treated wood from pressure and nonpressure processes is held on the drip pad until drippage has ceased, and the associated record-keeping practices; The provisions the owner or operator has made to ensure that, as soon as possible after a storm, each collection and holding unit associated with a run-on or run-off control system is emptied or otherwise managed to maintain the design capacity of the system; If treatment is carried out on the drip pad, the details of the process equipment used, and the nature and quality of the residuals; As part of the inspection plan required by Regulation .02D(19) of this chapter, a description of how the owner or operator will inspect each drip pad, including appurtenances for control of run-on and run-off, in order to meet the requirements of COMAR 27.13.05.17-2; A certification signed by an independent qualified registered professional engineer, stating that the drip pad design meets the requirements of COMAR 26.13.05.17-2A; A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under COMAR 26.13.05.17-4A—D; and As part of the closure plan or the post-closure plan submitted under Regulation .02D(29) of this chapter, detailed plans and an engineering report describing how the requirements of COMAR 26.13.05.14J will be met for any waste that will not be removed from the drip pad at closure. Applications. All permit applications shall be signed as follows: For a corporation, by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively. For a municipality, State, federal, or other public agency, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes: The chief executive officer of the agency; or A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. An example would be the Regional Administrator of Region III, EPA. Reports. All reports required by permits and other information requested by the Secretary, shall be signed by a person described in §A of this regulation, or by a duly authorized representative of that person. A person is a duly authorized representative only if: The authorization is made in writing by a person described in §A of this regulation. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). The written authorization is submitted to the Secretary. Changes to Authorization. If an authorization under §B of this regulation is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of §B of this regulation shall be submitted to the Secretary before or together with any reports, information, or applications to be signed by an authorized representative. Certification. Any person signing a document under §A or B of this regulation shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. The Secretary may, under the procedures in Regulations .20—.20-6 of this chapter, deny the permit application either in its entirety, or as to the active life of a hazardous waste management facility or unit only. The conditions described in this regulation apply to all permits, and the Secretary shall incorporate them into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations shall be given in the permit. Duty to Comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the appropriate Act and is grounds for: Enforcement action; Permit termination, revocation and reissuance, or modification; or Denial of a permit renewal application. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. This application shall be submitted at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Secretary. This later date may not be later than the expiration date of the effective permit. Duty to Halt or Reduce Activity. It may not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. Duty to Mitigate. In the event of noncompliance with the permit, the permittee shall: Take all reasonable steps to minimize releases to the environment; and Carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance include effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this permit. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. Property Rights. This permit does not convey any property rights of any sort, or any exclusive privilege. Duty to Provide Information. The permittee shall furnish to the Secretary within a reasonable time, any relevant information which the Secretary may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Secretary, upon request, copies of records required to be kept by this permit. Inspection and Entry. The permittee shall allow the Secretary, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to: Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized, any substances or parameters at any location. Monitoring and Records. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by COMAR 26.13.05.05D(2)(i) and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Secretary at any time. Records of monitoring information shall include the: Date, exact place, and time of sampling or measurements; Individual or individuals who performed the sampling or measurements; Date or dates analyses were performed; Individual or individuals who performed the analyses; Analytical techniques or methods used; and Results of the analyses. Signatory Requirement. All applications, reports, or information submitted to the Secretary shall be signed and certified. Reporting Requirements. Planned Changes. The permittee shall give notice to the Secretary as soon as possible of any planned physical alterations or additions to the permitted facility. Anticipated Noncompliance. The permittee shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Transfers. This permit is not transferable to any person except after notice to the Secretary. The Secretary shall require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. Monitoring Reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted not later than 14 days following each schedule date. Twenty-Four Hour Reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. Both the oral and written reports shall follow the requirements of Regulation .15D. In addition, the written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. Other Noncompliance. The permittee shall report all instances of noncompliance not reported under §M(4)—(6), of this regulation, at the time monitoring reports are submitted. The reports shall contain the information listed in §M(6), of this regulation. Other Information. If the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Secretary, it shall promptly submit these facts or information. Information Repository. The Secretary may require the permittee to establish and maintain an information repository at any time, based on the factors listed in Regulation .19-2B(3) of this chapter. The permittee shall operate the information repository in accordance with the provisions of Regulation .19-2B(4)—(11) of this chapter. In addition to conditions required by regulation, the Secretary may establish conditions as required on a case-by-case basis. Each permit shall include permit conditions necessary to achieve compliance with the State law and regulations, including each of the applicable requirements specified in this subtitle. In satisfying this provision, the Secretary may incorporate applicable requirements of 40 CFR Parts 264, 266, 267, or this subtitle directly into the permit or establish other permit conditions that are based on these parts. Each permit issued shall contain terms and conditions as the Secretary determines necessary to protect human health and the environment. Incorporation of Permit Conditions. The Secretary shall assure that all permit conditions are incorporated into the permit either expressly or by reference. If a permit condition is incorporated by reference, the Secretary shall assure that the permit gives a specific citation to the applicable regulations or requirements. Permits shall be effective for a fixed term not to exceed 10 years. The Secretary may issue any permit for a duration that is less than the full allowable term under this section. The Secretary shall review each permit for a land disposal facility 5 years after the date of permit issuance and shall modify the permit as necessary, as provided in Regulation .11 of this chapter. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the appropriate Act and regulations. Time for Compliance. Any schedules of compliance under this section shall require compliance as soon as possible. Interim Dates. Except as provided in §E(1)(b), if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. The time between interim dates may not exceed 1 year. If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than 1 year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date. Reporting. The permit shall be written to require that not later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Secretary in writing of its compliance or noncompliance with the interim or final requirements. Alternate Schedules of Compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving terminal volume of hazardous waste and for treatment and storage HWM facilities, closing pursuant to applicable requirements, and for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows: If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued: The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement. If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements. If the permittee is undecided whether to cease conducting regulated activities, the Secretary may issue or modify a permit to contain two schedules as follows: Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities not later than a date that ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities. One schedule shall lead to timely compliance with applicable requirements. The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements. Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under §E(3)(a) it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities. The applicant's or permittee's decision to cease conducting regulated activities shall be evidence by a firm public commitment satisfactory to the Secretary, such as a resolution of the board of directors of a corporation. All permits shall specify: Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate); Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring; Applicable reporting requirements based upon the impact of the regulated activity and as specified in COMAR 26.13.05. Reporting may not be less frequently than specified in the above regulations. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of local law or regulations. A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued under Regulation .11, or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary. When the Secretary receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file) he or she may determine whether or not one or more of the clauses listed in §§A and B of this regulation, for modification or revocation and reissuance, or both, exist. If cause exists, the Secretary may modify or revoke and reissue the permit accordingly, subject to the limitations of §B, of this regulation, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If cause does not exist under this regulation or Regulation .13, of this chapter, the Secretary may not modify or revoke and reissue the permit. If a permit modification satisfies the criteria in Regulation .13 of this chapter, for “minor modifications” the permit may be modified without a draft permit or public review. Otherwise, a draft permit shall be prepared and other procedures of this chapter followed. Causes of Modification. The following are causes for modification but not revocation and reissuance of permits: Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occur after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. Information. The Secretary has received information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance (other revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance. New Regulations. The standards or regulations on which the permit was based have been changed by statute, through promulgation of amended standards or regulations or by judicial decision after the permit was issued. Modification. The Secretary may modify a permit: When modification of a closure plan is required by COMAR 26.13.05.07C(3) or H(4); After the Secretary receives the notification of expected closure under COMAR 26.13.05.07D when the Secretary determines that extension of the 90 or 180 day periods under COMAR 26.13.05.07D, modification of the 30-year post-closure period under COMAR 26.13.05.07G(2), continuation of security requirements under COMAR 26.13.05.07G(3), or permission to disturb the integrity of the containment system under COMAR 26.13.05.07G(4) are unwarranted; When the permittee has filed a request under 40 CFR §264.147(c) for a variance to the level of financial responsibility or when the Secretary demonstrates under 40 CFR §264.147(d) that an upward adjustment of the level of financial responsibility is required; When the corrective action program specified in the permit under COMAR 26.13.05.06-6 has not brought the regulated unit into compliance with the ground water protection standard within a reasonable period of time; To include a detection monitoring program meeting the requirements of COMAR 26.13.05.06-4, when the owner or operator has been conducting a compliance action program under COMAR 26.13.05.06-6 and the compliance period ends before the end of the post-closure care period for the unit; When a permit requires a compliance monitoring program under COMAR 26.13.05.06-5, but monitoring data collected before permit issuance indicate that the facility is exceeding the ground water protection standard; To include conditions applicable to units at a facility that were not previously included in the facility's permit; When a land treatment unit is not achieving complete treatment of hazardous constituents under its current permit conditions. Compliance Schedules. The Secretary determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. The suitability of the facility location may not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance. Causes for Modification or Revocation and Reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit: Cause exists for termination under Regulation .12 of this regulation, and the Secretary determines that modification or revocation and reissuance is appropriate; The Secretary has received notification under Regulation .04M(3) of this chapter of a proposed transfer of the permit. A CHS facility permit can be withdrawn by the Secretary at the request of the owner or operator if the following conditions are complied with: The Secretary receives a written withdrawal request at least 6 months before expiration of the permit; The Secretary approves a closure plan for activities regulated by the permit; and An inspection by a representative of the Department verifies that activities regulated by the CHS facility permit are no longer performed and that a CHS facility permit is not otherwise required. The following are causes for terminating a permit during its term, or for denying a permit renewal application: Noncompliance by the permittee with any condition of the permit; The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; Failure to pay the permit fee in a timely manner; or Failure to comply with any applicable State environmental law or regulation. For purposes of this chapter, the term “termination” means the same as the term “revocation” in Environment Article, Title 7, Annotated Code of Maryland, and Regulation .11 of this chapter. The Secretary shall follow the requirements of Regulations .20—.20-6 of this chapter in terminating any permit. Upon the consent of the permittee, the Secretary may modify a permit to make the corrections or allowances for changes in the permitted activity identified in Regulations .13-1—.13-3 of this chapter without following the procedures of Regulations .20—.20-6 of this chapter. Any permit modification not processed as a minor modification under this regulation and Regulations .13-1 —.13-3 of this chapter shall be made for cause and with the draft permit and public notice as required in Regulation .11 of this chapter. Permit modifications to allow for the continued management of a waste newly listed or identified as hazardous under COMAR 26.13.02, or to allow for the continued management of hazardous wastes in units newly regulated as hazardous waste management units, may be processed as minor modifications if the following conditions are met: The unit that is the subject of the modification was in existence as a hazardous waste facility with respect to: The newly listed or identified waste on the effective date of the regulation listing or identifying the waste; or The newly regulated waste management unit on the effective date of the regulation regulating the unit; The permittee submits a request for a minor modification of the permit on or before: The date on which the waste becomes regulated as hazardous; or The date the unit becomes subject to the new requirements; The permittee manages the waste in compliance with the requirements of COMAR 26.13.06 and 26.13.10; The permittee submits, within 180 days after the effective date of the regulation listing or identifying the waste as hazardous or within 180 days after the effective date of the regulation subjecting the unit to regulation under this subtitle, an application for a permit modification to incorporate all changes necessary to achieve compliance with the requirements of this subtitle in managing the newly regulated waste or in operating the newly regulated unit; and In the case of land disposal units, the permittee certifies that the unit is in compliance with all applicable requirements of COMAR 26.13.06 concerning ground water monitoring and financial responsibility by the date 12 months after the effective date of the regulation: Identifying or listing the waste as hazardous; or Regulating the unit as a hazardous waste management unit. If the permittee fails to certify compliance with the requirements identified in §A(5) of this regulation, the permittee shall lose authority to operate under this regulation. Continued Acceptance of Hazardous Waste Military Munitions from Off-Site. A permittee is authorized to continue to accept hazardous waste military munitions from off-site, notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if: On the date that the waste military munitions become subject to hazardous waste regulatory requirements, the facility at which the waste military munitions are being accepted from off-site is: In existence as a hazardous waste facility; and Already permitted to handle the waste military munitions; On or before the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a request for a minor modification of the permit under Regulation .13 of this chapter and §§A and B of this regulation to remove or amend the permit provision restricting the receipt of waste munitions from off-site; and Not later than 180 days after the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a complete application for a permit modification under Regulation .11 of this chapter to remove or amend the permit provision restricting the receipt of waste munitions from off-site. Except as provided in Regulations .13-1 and .13-3 of this chapter, only modifications to accomplish the following may be processed as minor modifications: The following changes to general permit provisions: Correction of typographical errors; Requirement of more frequent monitoring or reporting by the permittee; Change in an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; Allowance for a change in ownership or operational control of a facility as specified in §B, when the Secretary determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility between the current and new permittees has been submitted to the Secretary. Administrative and informational changes; Replacement or upgrading of equipment with equipment or components that are functionally equivalent; Providing for more frequent sampling or maintenance; Changes to remove permit conditions that are no longer applicable because the standards on which the permit conditions were based are no longer applicable to the facility; The following changes related to general facility standards: Changes to waste sampling or analysis methods to: Conform with agency guidance or regulations; Incorporate changes associated with sampling or analysis methods for hazardous waste F039, multi-source leachate; or Incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes; Changes to analytical quality assurance/quality control plans to conform with agency guidance or regulations; Changes in procedures for maintaining the operating record; Changes in the training plan other than those that affect the type or decrease the amount of training given to employees; Changes to the contingency plan to accomplish the following: Upgrade, relocate, or replace with functionally equivalent equipment, emergency equipment listed in the contingency plan, Change the name, address, or phone number of a coordinator or other person or agency identified in the plan; The following changes related to ground water protection: Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well; Changes in ground water sampling or analysis procedures; Changes to the ground water monitoring schedule; Changes in statistical procedures for determining whether a statistically significant change in ground water quality between upgradient and downgradient wells has occurred; The following changes related to closure: Changes to estimates of maximum inventory under COMAR 26.13.05.07C(2)(c); Changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the final closure period; Changes in the expected year of final closure, if other permit conditions are not changed; Changes in procedures for decontamination of facility equipment or structures; or Addition of tanks to be used temporarily for closure activities provided that the tanks are used for neutralization, dewatering, phase separation, or component separation; The following changes related to post-closure: Changes in the name, address, or phone number of a contact in the post-closure plan; Changes in the expected year of final closure where other permit conditions are not changed; Addition of a roof to a container management unit without alteration of the containment system; The following changes related to tanks: Addition of a new tank that will operate for up to 90 days using any of the following treatment technologies: Neutralization, Phase separation, Dewatering, or Component separation; Replacement of a tank by a tank that meets the same design standards, provided that all of the following conditions are met: The capacity of the replacement tank is between 90 percent and 110 percent of the capacity of the replaced tank, The capacity of the replacement tank is within 1,500 gallons of the capacity of the replaced tank, The facility's permitted tank capacity is not increased, and The replacement tank meets the same conditions in the permit as the replaced tank; Management of different wastes in tanks provided that the following conditions are met: The change does not require the addition of units or a change in the treatment process or management standards, The units have previously received wastes of the same type, for example, incinerator scrubber water, and The waste is not a dioxin containing waste (F020, F021, F022, F023, F026, F027, and F028); For waste piles complying with COMAR 26.13.05.12A(2), replacement of the waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit; The following changes related to land treatment: Changes to any conditions specified in the permit for land treatment units to reflect the results of the land treatment demonstration, provided performance standards are met; Allowing a second treatment demonstration for land treatment to be conducted when the results of the first demonstration have not shown the conditions under which the waste or wastes can be treated completely as required by COMAR 26.13.05.13C(1), provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration; Modification of a land treatment unit management practice to decrease the rate of waste application; The following changes related to incinerators: Changes to the ranges of the operating requirements set in a hazardous waste incinerator permit to reflect the results of the trial burn, provided that the change is minor; Changes to the operating requirements set in a hazardous waste incinerator permit for conducting a trial burn, provided that the change is minor; Granting one extension of the time period for determining operational readiness of a hazardous waste incinerator following completion of construction, for up to 720 hours operating time for incineration of hazardous waste; Substitution of an alternate type of fuel that is not specified in the permit; Technology changes needed to meet standards under 40 CFR Part 63, Subpart EEE, National Emission Standards for Hazardous Air Pollutants, or corresponding State requirements, if the facility owner or operator, before submitting a request for a permit modification to the Secretary, complies with: The Notification of Intent to Comply (NIC) requirements of 40 CFR §63.1210 in effect before May 14, 2001; or State requirements corresponding to the requirements referenced in §A(10)(e)(i) of this regulation; The removal or amendment of a permit provision restricting the receipt of waste munitions from off-site to allow the continued acceptance of waste military munitions in accordance with Regulation .13-1C of this chapter; Replacement of a containment building with a containment building that meets the same design standards if: The unit capacity is not increased; and The replacement containment building meets the same conditions in the permit as the unit it is replacing; and Any other change identified in 40 CFR §270.42 Appendix I as a class 1 modification or a class 1 modification requiring prior agency approval. Changes in the ownership or operational control of a facility may be made if the new owner or operator submits a revised permit application not later than 90 days before the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the requirements of COMAR 26.13.05.08 until the new owner or operator has demonstrated to the Secretary that he is complying with the requirements of that regulation. The new owner or operator shall demonstrate compliance with COMAR 26.13.05.08 requirements within 6 months of the date of the change in the ownership or operational control of the facility. Upon demonstration to the Secretary by the new owner or operator of compliance with COMAR 26.13.05.08, the Secretary shall notify the old owner or operator in writing that he no longer needs to comply with COMAR 26.13.05.08 as of the date of demonstration. Requests for Determination of Eligibility for Processing as a Minor Modification. For modifications not listed in Regulation .13-1 or .13-2 of this chapter, the permittee may request a determination by the Secretary that the modification should be processed as a minor modification. The permittee shall provide the Secretary with the information necessary to support the requested determination. The Secretary shall make a decision on a request for determination made under §A(1) of this regulation as promptly as practicable. In determining whether the proposed modification may be processed as a minor modification, the Secretary shall consider the similarity of the modification to modifications listed in Regulation .13-2 of this chapter. The modification in §B of this regulation may be considered minor only if it meets the following conditions: It involves minor changes that keep the permit current with routine changes to the facility or its operation; and Changes under the modification do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment. Notwithstanding any other provision of this regulation, if the Secretary finds an imminent and substantial endangerment to human health or the environment, the Secretary may issue a temporary emergency permit to a facility to allow treatment, storage, or disposal of hazardous waste for a non-permitted facility or a hazardous waste not covered by the permit for a facility with an effective permit. This emergency permit: May be oral or written. If oral, it shall be followed within 5 days by a written emergency permit. May not exceed 90 days in duration. Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal. May be terminated by the Secretary at any time without process if he or she determines that termination is appropriate to protect human health and environment. Shall be accompanied by a public notice including: Name and address of the office granting the emergency authority; Name and location of the permitted hazardous waste management facility; A brief description of the wastes involved; A brief description of the action authorized and reasons for authorizing it; Duration of the emergency permit. Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of COMAR 26.13.05, 26.13.07, and 26.13.10. Short Term Permits. For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of COMAR 26.13.05.13C, the Secretary may issue a treatment demonstration permit. The permit shall contain only those requirements necessary to meet the standards in COMAR 26.13.05.13C(3). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction, operation, and maintenance of the land treatment unit. The Secretary may issue a two-phase facility permit if the Secretary finds that, based on information submitted in the application, substantial, although incomplete or inconclusive, information already exists upon which to base the issuance of a facility permit. If the Secretary finds that not enough information exists upon which the Secretary can establish permit conditions to attempt to provide for compliance with all of the requirements of COMAR 26.13.05.13 the Secretary shall issue a treatment demonstration permit covering only the field test or laboratory analyses. Phased Permits. If the Secretary finds that a phased permit may be issued, he will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests of laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration cleanup activities, and any other conditions which the Secretary finds may be necessary under COMAR 26.13.05.13C(3). The Secretary will include conditions in the second phase of the facility permit to attempt to meet all requirements pertaining to unit design, construction, operation, and maintenance in COMAR 26.13.05.13. The Secretary will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the application. The first phase of the permit will be effective as provided in Regulation .20-6C of this chapter. The second phase of the permit will be effective as provided in §E. When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, the owner or operator shall submit to the Secretary a certification, signed by a person authorized to sign a permit application or report under Regulation .03 of this chapter, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting the tests or analyses. The owner or operator shall also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the Secretary approves a later date. Modification. If the Secretary determines that the results of the field tests or laboratory analyses meet the requirements of COMAR 26.13.05.13C, the Secretary will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with COMAR 26.13.05.13, based upon the results of the field tests or laboratory analyses. This permit modification may proceed as a minor modification under Regulation .13 of this chapter, provided any such change is minor, or otherwise will proceed as a modification under Regulation .11 of this chapter. If no modification of the second phase of the permit is necessary, or if only minor modifications are necessary and have been made, the Secretary will give notice of the final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in Regulation .20-6C of this chapter. If modifications under Regulation .11 of this chapter are necessary, the second phase of the permit will become effective only after those modifications have been made. The permittee need not comply with the conditions of this permit to the extent and for the duration the noncompliance is authorized in any emergency permit. The permittee shall maintain records from all ground monitoring wells and associated ground water surface elevations, for the active life of the facility, and for disposal facilities for the post-closure care period. For a new hazardous waste management facility, the permittee may not begin treatment, storage, or disposal of hazardous waste, and for a facility being modified the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility, until: The permittee has submitted to the Secretary by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and The Secretary has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or Within 15 days of the date of the submission of the letter in §C(1), of this regulation, the permittee has not received notice from the Secretary of his or her intent to inspect, prior inspection is waived, and the permittee may begin treatment, storage, or disposal of hazardous waste. The following shall be included as information which shall be reported orally within 24 hours as required by Regulation .04M(6) of this chapter: Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies. Any information of a release or discharge of hazardous waste, or of a fire or explosion from a hazardous waste management facility, which could threaten the environment or human health outside the facility. The description of the occurrence and its cause shall include: Name, address, and telephone number of owner or operator; Name, address, and telephone number of the facility; Date, time, and type of incident; Name and quantity of material or materials involved; The extent of injuries, if any; An assessment of actual or potential hazards to the environment and human health outside the facility, when this is applicable; and Estimated quantity and disposition of recovered material that resulted from the incident. The Secretary may waive the 5-day written notice requirement in favor of a written report within 15 days. The following reports required by COMAR 26.13.05 shall be submitted in addition to those required by COMAR 26.13.05.07G: Manifest Discrepancy Report. If a significant discrepancy in a manifest is discovered, the permittee shall attempt to reconcile the discrepancy. If not resolved within 15 days, the permittee shall submit a letter report including a copy of the manifest to the Secretary. Unmanifested Waste Report. An unmanifested waste report shall be submitted to the Secretary within 15 days of receipt of unmanifested waste. Annual or Biennial Report. An annual or biennial report shall be submitted in accordance with the requirements of COMAR 26.13.05.05F. A list of the wastes or classes of wastes which will be treated, stored, or disposed of at the facility, and a description of the process to be used for treating, storing, and disposing of these hazardous wastes at the facility including the design capacities of each storage, treatment, and disposal unit. Except in the case of containers, the description shall identify the particular wastes or classes of wastes which shall be treated, stored, or disposed of in particular equipment or locations (for example, “Halogenated organics may be stored in Tank A”, and “Metal hydroxide sludges may be disposed of in landfill cells B, C, and D”). In addition to the conditions established under Regulation .05 of this chapter, each permit shall include each of the applicable requirements of COMAR 26.13.05. Start-Up. For the purposes of determining operational readiness following completion of physical construction, the Department will establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit for a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for incineration of hazardous waste. The Department may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to Regulation .13 of this chapter. Applicants shall submit a statement, with the permit application, which suggests the conditions necessary to operate in compliance with the performance standards of COMAR 26.13.05.16F during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in COMAR 26.13.05.16H. The Department will review this statement and any other relevant information submitted with the permit application and specify requirements for this period sufficient to meet the performance standards of COMAR 26.13.05.16F based on its engineering judgment. Trial Burn. For the purposes of determining feasibility of compliance with the performance standards of COMAR 26.13.05.16F and of determining adequate operating conditions under COMAR 26.13.05.16H, the Department will establish conditions in the permit to a new hazardous waste incinerator to be effective during the trial burn. Applicants shall propose a trial burn plan, prepared under §B(3), of this regulation. The trial burn plan shall include the following information: An analysis of each waste or mixture of wastes to be burned which includes: Heat value of the waste in the form and composition in which it will be burned. The viscosity (if applicable, or description of physical form of the waste. An identification of any hazardous organic constituents listed in COMAR 26.13.02.24 which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in COMAR 26.13.02.24 which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified, and the basis for their exclusion stated. The waste analysis shall rely on analytical techniques specified in COMAR 26.13.02.22. A listing of any constituents excluded from the analysis required by §B(3)(a)(iii) of this regulation, and a statement of the basis for their exclusion. Use of analytical techniques specified in “Test Method for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in “Test Method for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). A detailed engineering description of the hazardous waste incinerator for which the permit is sought including: Manufacturer's name and model number of incinerator (if available); Type of incinerator; Linear dimensions of the incinerator unit including the cross-sectional area of combustion chamber; Description of the auxiliary fuel system (type/feed); Capacity of prime mover; Description of automatic waste feed cut-off system or systems; Stack gas monitoring and pollution control equipment; Nozzle and burner design; Construction materials; Location and description of temperature, pressure, and flow indicating and control devices. A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis. A detailed test schedule for each waste for which the trial burn is planned including date or dates, duration, quantity of waste to be burned, and other factors relevant to the Department's decision under §B(6) of this regulation. A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator. A description of, and planned operating conditions for any emission control equipment which will be used. Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction. Such other information as the Department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in §B(6). The Department, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph. Based on the waste analysis data in the trial burn plan, the Department will specify as trial Principal Organic Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the Department based on its estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and for wastes listed in COMAR 26.13.02.15.19, the hazardous waste organic constituent or constituents identified in COMAR 26.13.02.24 as the basis for listing. The Department will approve a trial burn plan if it finds that the: Trial burn is likely to determine whether the hazardous waste incinerator performance standard required by COMAR 26.13.05.16F can be met; Trial burn itself does not present an imminent hazard to human health or the environment; Trial burn will help the Department determine operating requirements to be specified under COMAR 26.13.05.16H; and Information sought in §B(6)(a) and (c) cannot reasonably be developed through other means. During each approved trial burn (or as soon after the burn as is practicable), the applicant shall make the following determinations: A quantitative analysis of the trial POHCs in the waste feed to the incinerator; A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs oxygen (O) and 2 hydrogen chloride (HCl); A quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs; A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in COMAR 26.13.05.16F(1); If the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with COMAR 26.13.05.16F(2); A computation of particulate emissions, in accordance with COMAR 26.13.05.16F(3); An identification of sources of fugitive emissions and their means of control; A measurement of average, maximum, and minimum temperatures and combustion gas velocity; A continuous measurement of carbon monoxide (CO) in the exhaust gas; and Such other information as the Department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in COMAR 26.13.05.16F and to establish the operating conditions required by COMAR 26.13.05.16H as necessary to meet those performance standards. The applicant shall submit to the Department a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in §B(7). This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Department. All data collected during any trial burn shall be submitted to the Department following the completion of the trial burn. All submissions required by this subsection shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under Regulation .03 of this chapter. Based on the results of the trial burn, the Department shall set the operating requirements in the final permit according to COMAR 26.13.05.16H. The permit modification shall proceed as a minor modification according to Regulation .13 of this chapter. Notifications Concerning Trial Burns. The Department shall send a notice announcing the scheduled beginning and completion dates for the trial burn to: All persons on the facility mailing list developed in accordance with Regulation .20-2E(1)(d) of this chapter; and The appropriate units of State and local government as identified in Regulation .20-2E(1)(e)(f) of this chapter. The applicant may not commence the trial burn until after the Department has issued the notice required by §B(12)(a) of this regulation. The Department shall mail the notice required by §B(12)(a) of this regulation at least 30 days before the scheduled start of the trial burn, except that an additional notice is not required if the start of the trial burn is delayed due to circumstances beyond the control of the facility or the Department. The Department shall include in the notice required by §B(12)(a) of this regulation: The name and telephone number of the applicant's contact person; The name and telephone number of the Department's contact office; The location where the approved trial burn plan and supporting documents can be reviewed and copied; and Expected dates for the beginning and the completion of the trial burn. Post Trial Burn. For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and before final modification of the permit conditions to reflect the trial burn results, the Department may establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of COMAR 26.13.05.16H, in the permit for a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the Department. Applicants shall submit a statement, with the permit application, which identified the conditions necessary to operate in compliance with the performance standards of COMAR 26.13.05.16F during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in COMAR 26.13.05.16H. The Department will review this statement and any other relevant information submitted with the permit application and specify those requirements for this period most likely to meet the performance standards of COMAR 26.13.05.16 based on its engineering judgment. Existing Facilities—Submission of Trial Burn Plan and Performance of Trial Burn. Except as provided in §D(4) of this regulation, for the purposes of determining feasibility of compliance with the performance standards of COMAR 26.13.05.16F and of determining adequate operating conditions under COMAR 26.13.05.16H, the applicant for a permit for an existing hazardous waste incinerator shall: Prepare and submit a trial burn plan and perform a trial burn in accordance with Regulation .02-6B(2)(a) of this chapter and §B(3)—(10) of this regulation; or Submit other information as specified in Regulation .02-6C of this chapter. If the Secretary intends to approve a trial burn plan submitted in accordance with §D(1)(a) of this regulation, the Secretary shall provide notification in accordance with the timing and distribution requirements of §B(12) of this regulation. The Secretary shall include in the notice required by §D(2) of this regulation: The name and telephone number of the applicant's contact person; The name and telephone number of the Department's contact office; The location where the trial burn plan and supporting documents can be reviewed and copied; and A schedule of the activities that are required before permit issuance, including the: Anticipated time schedule for the Department's approval of the plan; and Time period during which the trial burn is expected to be conducted. Applicants who submit information under Regulation .02-6B(1) of this chapter to qualify for the exemption of COMAR 26.13.05.16B are exempt from the requirement to conduct a trial burn unless they fail to qualify for the exemption of COMAR 26.13.05.16B, which relates to facilities that burn only ignitable, corrosive, or reactive wastes. Applicants who submit trial burn plans and receive approval before submission of a permit application shall complete the trial burn and submit the results of the determinations required under §B(7) of this regulation with the permit application. If completion of the process described in §D(5) of this regulation conflicts with the date set for submission of the application, the applicant shall contact the Department to establish a later date for submission of the application or the trial burn results. If the applicant submits a trial burn plan with Part B of the permit application, the Secretary shall specify a time period before permit issuance in which the applicant shall conduct the trial burn and submit the results. General. For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of COMAR 26.13.05.13C, the Secretary may issue a treatment demonstration permit. The permit shall contain only those requirements necessary to meet the standards in COMAR 26.13.05.13C(3). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction, operation, and maintenance of the land treatment unit. The Secretary may issue a two-phase facility permit if the Secretary finds that, based on information submitted in the application, substantial although incomplete or inconclusive information already exists upon which to base the issuance of a facility permit. If the Secretary finds that not enough information exists upon which the Secretary can establish permit conditions to attempt to provide for compliance with all of the requirements of COMAR 26.13.05.13, the Secretary shall issue a treatment demonstration permit covering the field test or laboratory analyses. Phased Permit. If the Secretary finds that a phased permit may be issued, the Secretary will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration cleanup activities, and any other conditions which the Secretary finds may be necessary under COMAR 26.13.05.13C(3). The Secretary will include conditions in the second phase of the facility permit to attempt to meet all COMAR 26.13.05.13 requirements pertaining to unit design, construction, operation, and maintenance. The Secretary will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the application. The first phase of the permit will be effective as provided in Regulation .20-6C of this chapter. The second phase of the permit will be effective as provided in §D of this regulation. Certification. When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, the owner or the operator shall submit to the Secretary a certification, signed by a person authorized to sign a permit application or report under Regulation .03A of this chapter, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting the tests or analyses. The owner or operator shall also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the Secretary approves a later date. Modifications. If the Secretary determines that the results of the field tests or laboratory analyses meet the requirements of COMAR 26.13.05.13, the Secretary will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with COMAR 26.13.05.13, based upon the results of the field tests or laboratory analyses. This permit modification may proceed as a minor modification under Regulation .13 of this chapter provided any change is minor, or otherwise will proceed as a modification under Regulation .11 of this chapter. If no modifications of the second phase of the permit are necessary, or if only minor modifications are necessary and have been made, the Secretary will give notice of the final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in Regulation .20-6C of this chapter. If modifications under Regulation .11 of this chapter are necessary, the second phase of the permit will become effective only after those modifications have been made. The Secretary may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for the experimental activity have not been adopted in COMAR 26.13.05. The permit shall include those terms and conditions that assure protection of human health and the environment. The permit shall: Provide for the construction of the facilities as necessary, and for operation of the facility for not longer than 1 year unless renewed as provided in Regulation .19D; Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Secretary considers necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of the technology or process on human health and the environment; and Include such requirements as the Secretary considers necessary to protect human health and the environment including requirements regarding monitoring, operation, financial responsibility, closure, and remedial action, and such requirements as the Secretary considers necessary regarding testing and providing of information to the Secretary with respect to the operation of the facility. For the purpose of expediting review and issuance of permits under this section, the Secretary may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in this subtitle except that there may be no modification or waiver of regulations regarding financial responsibility, including insurance, or of procedures regarding public participation, or other requirements that by law may not be waived. The Secretary may order an immediate termination, in accordance with the provisions of the Maryland Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, of all operations at the facility at any time the Secretary determines that termination is necessary to protect human health and the environment. Any permit issued under this section may be renewed not more than three times. Each renewal shall be for a period of not more than 1 year. Applicability. The requirements of this regulation apply to persons seeking, under this chapter: An initial permit for a hazardous waste management unit at a CHS facility; or Renewal of a permit for a hazardous waste management unit at a CHS facility for which the applicant is proposing a change in facility operations that would qualify as a Class 3 permit modification under 40 CFR §270.42. The requirements of this regulation do not apply to persons seeking: Permit modifications under Regulations .11 or .13—.13-3 of this chapter; Permit applications submitted under this chapter for the sole purpose of seeking authorization to conduct post-closure activities or post-closure activities and corrective action at a facility; or Renewal of a CHS facility permit for which the applicant is proposing no change in facility operations that would qualify as a Class 3 permit modification under 40 CFR §270.42. Preapplication Meeting. Persons subject to this regulation shall: Do the following before submitting a CHS facility permit application: Hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities; and Give persons attending the meeting required by §B(1)(a) of this regulation a means to voluntarily provide the prospective permit applicant with their names and addresses by posting a sign-in sheet or using some other mechanism; and In accordance with the requirements of Regulation .02D(39) of this chapter, submit the following information as part of the application for a CHS facility permit: A summary of all preapplication meetings held in accordance with §B(1)(a) of this regulation; The lists of names and addresses of persons who attended the preapplication meetings developed in accordance with §B(1)(b) of this regulation; and Copies of any written comments or materials submitted by the public at the meetings. Public Notice for Preapplication Meetings. Persons subject to this regulation shall: Provide public notice of a preapplication meeting scheduled in accordance with §B(1)(a) of this regulation at least 30 days before the meeting; Maintain, and provide to the Department on request, documentation of the notice required by §C(1) of this regulation; Use the following to provide the public notice required by §C(1) of this regulation and transmit the information required by §C(5) of this regulation: A newspaper advertisement, published as a display ad, in a newspaper of general circulation: In the county or equivalent jurisdiction in which the proposed facility will be located or in which the proposed activity will take place; and In counties or equivalent jurisdictions adjacent to the county in which the proposed facility will be located or in which the proposed activity will take place, if the Secretary determines that publication in one or more adjacent jurisdictions is necessary to inform the affected public and the Secretary so informs the prospective applicant; A clearly marked, visible, and accessible sign that is: Posted at or near the site of the proposed facility or the facility at which the proposed activity will take place; and Large enough to be read from the nearest point where the public would pass by the site, if the prospective applicant places the sign on the property of the facility or proposed facility; and A broadcast media announcement at least once on: At least one local radio station or television station; or Another medium the Secretary approves in writing before the announcement is broadcast; Send a copy of the newspaper notice required by §C(3)(a) of this regulation to: The unit in the Department responsible for issuing CHS facility permits; The appropriate units of State government having any authority under State law with respect to the construction or operation of the facility; and Any unit of local government having jurisdiction over the area where the facility is located or proposed to be located; and Assure that the notices required by §C(3) of this regulation include: The date, time, and location of the meeting; A brief description of the purpose of the meeting; A brief description of the facility and proposed operations, including the address of the facility or a map with detail to the level of neighborhood streets showing the location of the facility; A statement encouraging persons to contact the prospective applicant at least 72 hours before the meeting if they need special accommodations to be able to participate in the meeting; and The name, address, and telephone number of a representative of the prospective applicant. Public Access to Permit Applications. Concurrent with the notice required by Regulation .20-2A(5) and (6) of this chapter, the Secretary shall place the permit application and any supporting documents in a location accessible to the public near the facility or at the Department's offices. Information Repository. The requirements of this section apply to all applicants seeking a CHS facility permit under this chapter for a hazardous waste management unit. The Secretary may assess the need for an information repository on a case-by-case basis. In assessing the need for an information repository, the Secretary shall consider a variety of factors, including the: Level of public interest; Type of facility; Presence of an existing repository; and Proximity of the location of the potential repository to the nearest copy of the administrative record. If the Secretary determines that there is a need for an information repository, the Secretary shall notify the CHS facility permit applicant that the applicant is required to establish and maintain an information repository. The CHS facility permit applicant shall assure that the information repository contains all documents, reports, data, and information considered necessary by the Secretary to fulfill the purposes for which the repository is established. The Secretary may, at the Secretary's discretion, limit the contents of the repository. Subject to the requirements of §B(8) of this regulation, the applicant shall locate and maintain the repository at a site of the applicant's choosing. The Secretary shall specify an alternate location of the repository if the Secretary determines that the site chosen by the applicant is unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations. The applicant shall: Provide all individuals on the facility mailing list with written notice about the information repository; and Comply with requirements specified by the Secretary for informing the public about the information repository. The applicant is responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Secretary. Based on the factors in §B(3) of this regulation, the Secretary may, at the Secretary's discretion, close the information repository, releasing the applicant from the requirement to maintain the repository. Application for a Permit. Any person who requires a permit shall complete, sign, and submit an application to the Secretary. The Secretary may not begin the processing of a permit until the applicant has fully complied with the application requirements. Permit applicants shall comply with the signature and certification requirements of Regulation .03 of this chapter. The Secretary shall review for completeness each application for a permit in accordance with the following: The Secretary should review for completeness each application for a permit submitted by a hazardous waste management facility within 60 days of its receipt; On completing the review, the Secretary shall notify the applicant in writing whether the application is complete; If the application is incomplete, the Secretary shall list the information necessary to make the application complete; and After the application has been determined to be complete by the Secretary: The Secretary may request additional information from an applicant only when necessary to clarify, modify, or supplement previously submitted material; and Requests by the Secretary for additional information may not render an application incomplete. If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provision in the State statutes. If the Secretary decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Secretary shall notify the applicant and schedule a visit. The effective date of an application is the date on which the Secretary notifies the applicant that the application is complete as provided in §A(4) of this regulation. Project Decision Schedule. For each application from a major hazardous waste management facility, the Secretary shall, not later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The Secretary shall specify in the schedule target dates by which the Secretary intends to: Prepare a draft permit; Give public notice; Complete the public comment period, including any public hearing; and Issue a final permit. Modifications, Revocation and Reissuance, or Termination of Permits. General. Permits may be modified, revoked and reissued, or terminated either: At the request of an interested person, including the permittee; or On the Secretary's initiative. Permits may only be modified, revoked and reissued, or terminated for the reasons specified in Regulations .11 and 12 of this chapter. A person requesting modification, revocation and reissuance, or termination of a permit shall make the request in writing and shall include with the request facts or reasons supporting the request. Denial of Request. If the Secretary decides that a request made under §B(1)(c) of this regulation is not justified, the Secretary shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public hearing notice or comment. A denial of a request constitutes a final permit decision of the Secretary and is subject to judicial review under Regulation .20-5B of this chapter. Tentative Decision to Modify or Revoke and Reissue. If the Secretary tentatively decides to modify or revoke and reissue a permit under Regulation .11 of this chapter, the Secretary shall prepare a tentative determination under Regulation .20-1A of this chapter, which shall include a draft permit incorporating the proposed changes. The Secretary may request additional information when evaluating the potential modification, revocation and reissuance, or termination of a permit and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Secretary shall require the submission of a new application. Reopening Permit Conditions. Permit Modification. In a permit modification under this regulation: Only those conditions to be modified shall be reopened when a new draft permit is prepared; and All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. Permit Revocation and Reissuance. When a permit is revoked and reissued under this regulation, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued. Modifications identified as minor under Regulations .13-1—.13-3 of this chapter are not subject to the requirements of this regulation but are instead processed in accordance with Regulation .13 of this chapter. Notice of Intent to Terminate. If the Secretary tentatively decides to terminate a permit under Regulation .12 of this chapter, the Secretary shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit that follows the same procedures as a draft permit prepared under Regulation .20-1A of this chapter. Judicial Review. A final decision to modify, revoke and reissue, or terminate a permit is subject to judicial review under Regulation .20-5B of this chapter. Tentative Determinations and Draft Permits. Once an application is complete, the Secretary shall prepare a tentative determination that includes the following information: A proposal to issue or to not issue the permit; Any proposed permit limitations and conditions; A brief explanation of the Department's tentative determination; Any proposed schedule of compliance; and If the tentative determination is to issue a permit, a draft permit. Notice of Intent to Deny. If the Secretary tentatively decides to deny the permit application, the Secretary shall issue a notice of intent to deny, which is a type of draft permit. A notice of intent to deny is subject to the same procedures as any draft permit prepared under this section. If the Secretary's final decision is that the tentative decision to deny the permit application was incorrect, the Secretary shall withdraw the notice of intent to deny and proceed to prepare a draft permit under §A(3) of this regulation. If the Secretary decides to prepare a draft permit, the Secretary shall prepare a draft permit that contains the information described in Regulations .04, .05, .07, .08, .15, and .16 of this chapter. Draft Permits—General. All draft permits shall be: Accompanied by a statement of basis or fact sheet, as required by §§B and C of this regulation; Based on the administrative record, as required by §D of this regulation; Publicly noticed, as required by Regulation .20-2 of this chapter; and Made available for public comment, as required by Regulation .20-4A of this chapter. The Secretary shall: Give notice of opportunity for the public hearing, as required by Regulation .20-5A of this chapter; Issue a final decision, as required by Regulation .20-6 of this chapter; and Respond to comments, as required by Regulation .20-4D of this chapter. The final decision is subject to judicial review under Regulation .20-5B of this chapter. The Department shall publish a notice of the tentative determination that allows at least: 30 days before the Department holds a public hearing under Regulation .20-5A of this chapter; and 45 days before the Department: Issues a final determination under §E of this regulation; or Makes a final decision to issue or deny a permit, if a final determination is not required under §E(1) of this regulation. Statement of Basis. The Secretary shall: Prepare a statement of basis for every draft permit for which a fact sheet under §C of this regulation is not prepared; Briefly describe in the statement of basis the derivation of the conditions of the draft permit and the reasons for them, or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision; and Send the statement of basis to the applicant and, on request, to any other person. Fact Sheet. The Secretary shall: Prepare a fact sheet for every: Draft permit for a major hazardous waste management facility; and Permit that the Secretary finds is the subject of widespread public interest or raises major issues; Briefly set forth in the fact sheet the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit; Send this fact sheet to the applicant and, on request, to any other person; and Include in the fact sheet, when applicable: A brief description of the type of facility or activity which is the subject of the draft permit; The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged; A brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by §D of this regulation; Reasons why any requested variances or alternatives to required standards do or do not appear justified; A description of the procedures for reaching a final decision on the draft permit, including: The beginning and ending dates of the comment period under Regulation .20-2 of this chapter, and the address where comments will be received; Procedures for requesting a hearing and the nature of that hearing; and Any other procedures by which the public may participate in the final decision; and The name and telephone number of a person to contact for additional information. Administrative Record for Draft Permits. The provisions of a draft permit prepared by the Department under §A of this regulation shall be based on the administrative record defined in this regulation. For preparing a draft permit under §A of this regulation, the record shall consist of: The application, if required, and any supporting data furnished by the applicant; The draft permit or notice of intent to deny the application or to terminate the permit; The statement of basis under §B of this regulation or the fact sheet under §C of this regulation; All documents cited in the statement of basis or fact sheet; and Other documents contained in the supporting file on the draft permit. Material readily available at the Department or published material that is generally available, and that is included in the administrative record under §D(2) of this regulation, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet. The Department shall assure that, except for materials that have been designated confidential business information, the administrative record for a draft permit is available to the public for inspection and copying. Public Availability of Information—Tentative Determination. Except as provided in §D(5)(b) of this regulation, the Department shall, not later than the date of publication of a notice of tentative determination under Regulation .20-2A of this chapter, make available for inspection and copying: The permit application on which the tentative determination is based; Documents that were submitted with the permit application; All documents that the Department relied on in making the tentative determination; and The privilege log developed under §D(5)(c) of this regulation. The requirements of §D(5)(a) of this regulation do not apply to materials that have been designated confidential business information, documents for which disclosure is precluded by law, or documents that are subject to privilege. The Department shall compile a privilege log that: Identifies all documents not made available for inspection and copying under §D(5)(b) of this regulation; and States the reasons for withholding each document identified in the log. Final Determination. The Department shall prepare a final determination if: Written comments adverse to the tentative determination were received by the Department during the comment period established for the tentative determination; Comments adverse to the tentative determination were received in writing at, or within 5 days after, the public hearing held under Regulation .20-5A of this chapter; Comments adverse to the tentative determination were received orally at the public hearing held under Regulation .20-5A of this chapter; or The final determination is substantively different from the tentative determination. Notice of Final Determination. If the Department is required to prepare a final determination under §E(1) of this regulation, the Department shall publish a notice of the final determination in accordance with the requirements of Regulation .20-2 of this chapter. If the final determination differs substantively from the tentative determination, the Department shall, before publishing notice of the final determination under §E(2)(a) of this regulation: Publish notice of intent to issue a final determination that includes a proposed final determination and provides the opportunity for written public comment for a period of at least 30 days on the portion of the proposed final determination that differs substantively from the tentative determination; Consider all public comments submitted on the proposed final determination during the public comment period; and Prepare written responses to public comments submitted on the proposed final determination during the public comment period, and provide a copy of the written responses to persons who submitted the comments. Final Decision. The final determination made by the Department under §E(1) of this regulation or, if applicable, under the process established in §E(2) of this regulation, constitutes the Department’s final decision. If the Department is not required to prepare a final determination under §E(1) of this regulation, the tentative determination becomes a final decision by the Department when the permit is issued or denied. The Secretary shall give public notice of the following: A permit application has been tentatively denied; A draft permit has been prepared and a tentative determination has been made to issue the draft permit; An informational meeting has been scheduled; A public hearing has been scheduled; An application to own, operate, establish, or maintain a CHS facility has been received by the Department; An application to modify a CHS permit under Regulation .11 of this chapter has been received by the Department; A final determination has been prepared under Regulation .20-1E of this chapter; The Department intends to issue a final determination that differs substantively from a tentative determination, in accordance with Regulation .20-1E(2)(b) of this chapter; and The Department has reopened a comment period under Regulation .20-4C of this chapter. Public Notice—Denials. The Secretary: Is not required to provide public notice when a request for permit modification, revocation and reissuance, or termination is denied; and Shall provide written notice of a denial under §B(1) of this regulation to the requester and to the permittee. Public notices may describe more than one permit or permit action. Timing. Public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under §A of this regulation shall allow at least 45 days for public comment. Public notice of a public hearing shall be given at least 30 days before the hearing. The Secretary may give public notice of a public hearing at the same time as public notice of the draft permit, and the two notices may be combined. The Secretary shall assure that a public notice of receipt of a permit application published as required by §E(3) of this regulation in accordance with §A(5) or (6) of this regulation is published within a reasonable period of time after the Department receives the application. The Secretary: Shall extend the comment period established under §D(1) of this regulation for an additional 60 days if the Secretary receives a written request to do so from any person during the original comment period provided; May not extend the comment period under §D(5)(a) of this regulation more than once; and May establish a longer comment period to the extent that the Secretary determines that the longer comment period is necessary. Methods. Except as provided in §E(2) of this regulation, the Secretary shall give public notice of activities described in §A of this regulation by mailing a copy of a notice to the following persons: The applicant; Any other agency who has issued or is required to issue a UIC, PSD, NPDES, or 404 permit for the same facility or activity; Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected states; Persons on a mailing list developed by: Including those who request in writing to be on the list; Soliciting persons for “area lists” from participants in past permit proceedings in that area; and Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press or on the Department’s website and in such publications as regional and State funded newsletters, environmental bulletins, or State law journals; Any unit of local government having jurisdiction over the area where the facility is proposed to be located; Each State agency having any authority under State law with respect to the construction and operation of the facility; Any person who submitted written comments during the public comment period; and Any person who submitted oral or written comments at a public hearing conducted under Regulation .20-5A of this chapter and who provided the Department with a legible mailing address when signing in at the hearing. Any person otherwise entitled to receive notice under §E(1) of this regulation may waive the right to receive notice for any classes and categories of permits. The Secretary shall assure that any public notice required by §A of this regulation is published at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed facility is located. The Secretary shall give public notice through a broadcast message over a radio station that serves the community in which a facility is located or proposed to be located that any of the following has occurred: A CHS facility permit application has been tentatively denied; A draft CHS facility permit has been prepared; and A public hearing has been scheduled. The Secretary may: Require a permit applicant to provide notice of an informational meeting or a public hearing by mail to: Each person requesting the meeting or the hearing; or An authorized representative of the person requesting the meeting or hearing; and Provide additional notice in the situations identified in §A of this regulation by requiring the permit applicant to post the notice at the proposed facility or at public facilities in the geographical area of the proposed facility. Responsibility for Publishing or Otherwise Providing Notice. For any notice given under §E(1)—(5) of this regulation, the Secretary shall: Require the permit applicant to provide the notice; or Provide the notice at the applicant's expense. Electronic Posting. Notice of Receipt of Application. The Department shall: Post on the Department’s website the notice of receipt of an application for a CHS facility permit under §A(5) of this regulation, and the notice of receipt of an application for modification of a CHS facility permit under §A(6) of this regulation; and Provide a method for interested persons to electronically request any additional notices related to an application for a permit identified in §E(7)(a)(i) of this regulation. Final Determination. The Department shall post on the Department’s website notice that a tentative determination has become a final determination. Public Notices—Content. General. The Secretary shall assure that all public notices issued under this regulation contain the following minimum information: Name and address of the office processing the permit action for which notice is being given; Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit; A brief description of the business conducted at the facility or activity described in the permit application or the draft permit; Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application; A brief description of the comment procedures required by Regulations .20-4A and .20-5A of this chapter; The specific time and place of any hearing that will be held; A statement of procedures to request a hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the final permit decision; The location of the administrative record required by Regulation .20-1D of this chapter, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record; and Any additional information the Secretary considers necessary or proper. Public Notices for Hearings. The Secretary shall ensure that: In addition to the information required to be contained in general public notices by §F(1) of this regulation, the public notice of a hearing on a draft permit contains the following information: Reference to the date of previous public notices relating to the permit; Date, time, and place of the hearing; and A brief description of the nature and purpose of the hearing, including the applicable regulations and procedures; and All persons identified in §E(1)(a)—(c) of this regulation are mailed a copy of the fact sheet or statement of basis, information on how the permit application may be reviewed, and information on how the draft permit may be reviewed, in addition to the general public notice described in §F(1) of this regulation. Public Notices Announcing Receipt of an Application. The Secretary shall assure that public notices announcing the receipt of an application for a CHS facility permit under §A(5) and (6) of this regulation contain, in addition to the information required to be contained in general public notices by §F(1) of this regulation, the following information: The name and telephone number of a representative of the applicant; An address to which people may write in order to be put on the facility mailing list; A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice; The date that the application was submitted; and Information on how to request that an informational meeting be held, or information on the time, date, and location of an informational meeting on the application if the Department has already scheduled one. Public Notices of Final Determination. In addition to the information required to be contained in public notices by §F(1) of this regulation, the public notice of a final determination under Regulation .20-1E(1) of this chapter shall include reference to the right to judicial review in accordance with Environment Article §1-601(a), Annotated Code of Maryland. The Department shall provide an opportunity for an informational meeting, with respect to a CHS facility permit application: At the Department's discretion; or On written request, if the request is made within 10 working days after publication of a notice of receipt of application. The Department may cancel an informational meeting scheduled under §A of this regulation if all persons who made timely written requests to hold the meeting withdraw the requests before the meeting. Presentation of Information Concerning an Application. The Department may require the applicant to attend an informational meeting or public hearing, and present information concerning the application. If the applicant fails to appear and present information after a request from the Department, the application may be denied. Public Comments and Requests for Public Hearings. During the public comment period provided, any interested person may: Submit written comments on the draft permit; and Request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. The Secretary shall: Consider all comments in making the final decision; and Answer all comments as provided in §D of this regulation. Obligation to Raise Issues and Provide Information During the Public Comment Period. All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Secretary's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period, including any public hearing, under Regulation .20-2 of this chapter. All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to the Secretary. Because a comment period longer than 45 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this regulation: Commenters may request longer comment periods; and The Secretary shall freely establish longer comment periods under Regulation .20-2 of this chapter to the extent they appear necessary and as required by Regulation 20-2D(5) of this chapter. Reopening of the Public Comment Period. If any data, information, or arguments submitted during the public comment period, including information or arguments required under §B of this regulation appear to raise substantial new questions concerning a permit, the Secretary may take one or more of the following actions: Prepare a new draft permit, appropriately modified, and prepare a new tentative determination under Regulation .20-1A of this chapter; Prepare a revised statement of basis, a fact sheet, or revised fact sheet and reopen the comment period; and Reopen or extend the comment period to give interested persons an opportunity to comment on the information or arguments submitted. If the comment period is reopened under §C(1)(c) of this regulation, the Secretary shall: Limit the scope of comments that may be considered to the substantial new questions that caused the reopening of the comment period; and Assure that public notice for the reopening of the public comment period issued according to Regulation .20-2 of this chapter defines the scope of the reopening. The Secretary may, in the circumstances described in §C(1) and (2) of this regulation, elect to hold further proceedings. The Secretary shall issue public notice of actions taken under §C(1) or (3) of this regulation under Regulation .20-2 of this chapter. Response to Comments. At the time that any final permit is issued, the Secretary shall: Issue a response to comments, including a response to any comments on a proposed final determination submitted in accordance with Regulation .20-1E(2)(b) of this chapter; and Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change. The Secretary shall include in the administrative record for the final permit decision: All materials in the administrative record for the draft permit under Regulation .20-1D of this chapter; and All new materials supplied during the public comment period, new points raised, and documents cited in the response to comments. If new points are raised or new material is supplied during the public comment period, the Department may document its response to those matters by adding new materials to the administrative record. The Secretary shall make the response to comments available to the public. Public Hearings. The Secretary: Shall hold a public hearing whenever the Secretary: Receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, or Receives a written request for a hearing within 45 days of public notice; May hold a public hearing at the Secretary's discretion, whenever, for instance, a hearing might clarify one or more issues involved in the permit decision; Shall give public notice of the hearing as specified in Regulation .20-2 of this chapter; and May cancel a scheduled public hearing if all persons who made timely written requests to hold the hearing withdraw the requests before the hearing is scheduled to begin. Whenever a public hearing will be held, the Secretary shall designate a hearing officer who shall be responsible for its scheduling and orderly conduct. Hearing Limitations and Extension of Comment Period. Any person may submit oral or written statements and data concerning the tentative determination or the draft permit at the public hearing. The Secretary or the hearing officer may: Set reasonable limits on the time allowed for oral statements; and Require the submission of statements in writing. The Secretary shall consider the public comment period under Regulation .20-2 of this chapter to be automatically extended to 5 days after the close of any public hearing under this section if the comment period was originally scheduled to end sooner than this. The hearing officer may extend the comment period under Regulation .20-2 of this chapter by announcing the extension of the comment period at the hearing. The Secretary shall make a tape recording or written transcript of the hearing available to the public. Whenever possible, the Secretary shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility. Judicial Review. A person may file a petition for judicial review of a final permit decision on the issuance, denial, renewal, modification, or revocation and reissuance of a CHS facility permit under Environment Article, §7-232, Annotated Code of Maryland, if the person: Meets threshold requirements for standing under federal law; and Either: Is the applicant; or Participated in the public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided. The record on review and the objections considered during judicial review shall be limited in accordance with the provisions of Environment Article, Title 1, Subtitle 6, Annotated Code of Maryland. Venue. Unless otherwise provided by statute, a person who is filing a petition for judicial review of a final permit decision under §B(1) of this regulation shall file the petition with the circuit court for the county where the application for the permit states that the proposed activity will occur. The decision of the circuit court may be appealed to the Appellate Court of Maryland. A person submitting a petition for judicial review of a final permit decision shall file the petition within 30 days after publication of notice of a final determination in accordance with Regulation .20-2A(7) of this chapter. After the close of the public comment period on a draft permit under Regulation .20-2 of this chapter, or the close of the public comment period on a notice of intent to issue a final determination under Regulation .20-1E(2)(b) of this chapter the Secretary shall: Issue a final permit decision in accordance with Regulation .20-1E(3) of this chapter; Notify the applicant and each person who has submitted written comments or requested notice of the final permit decision; and Include in the notification required by §A(2) of this regulation reference to the procedures for petitioning for judicial review on a final permit decision. “Final permit decision” means, for the purposes of this regulation, a final decision to issue, deny, modify, revoke and reissue, or terminate a permit. A final permit decision shall become effective 30 days after the service of notice of the decision under §A of this regulation, unless: A later effective date is specified in the decision; or Comments do not request a change in the draft permit, in which case the permit shall become effective immediately upon issuance. Application Fee. A person applying for a facility permit, a facility permit renewal, or a major modification of a facility permit shall pay a nonrefundable application fee according to the fee schedule in §A(2) of this regulation. Application Fee Schedule. The application fee is: $2,000 for an application for a new or previously unpermitted storage facility; $3,000 for an application for a new or previously unpermitted treatment facility other than an incinerator; $5,000 for an application for a new or previously unpermitted incinerator; $10,000 for an application for a new or previously unpermitted land disposal unit; $2,000 for an application for renewal of a storage facility permit; $3,000 for an application for renewal of a permit for a treatment facility; $5,000 for an application for renewal of a land disposal unit; $2,000 for an application for a major modification of a facility permit which involves the addition of a new storage unit; $3,000 for an application for a major modification of a facility permit which involves the addition of a new treatment unit other than an incinerator; $5,000 for an application for a major modification of a facility permit which involves the addition of a new incinerator; $10,000 for an application for a major modification of a facility permit which involves the addition of a new land disposal unit; and For new applications, renewal applications, or applications for permit modification which involve more than one type of unit, the sum of the application fees for the corresponding units specified in §A(2)(a)—(k) of this regulation. The Secretary shall apply the application fee towards the permit fee required by §B of this regulation. Permit Fee. Permit fees shall be established based upon the following considerations: Acreage involved in the facility; Nature and quantity of the CHS handled at the facility; The threat that the CHS may present to human health or the environment; The anticipated costs of monitoring and regulating the facility; The anticipated costs attributable to the removing and properly disposing of all CHS that may escape from a facility; and Anticipated needs for program development activities relating to CHS. The Secretary shall calculate the permit fee for a facility as 1.1 times the sum of a service fee and an environmental fee. The service fee is comprised of the costs borne by the Department in monitoring and regulating the facility, and is calculated as described in §B(3) of this regulation. The environmental fee is calculated as described in §B(6) of this regulation. Service Fee. The service fee is calculated using the formulae in the following work sheet, and the values for salary, benefits, overhead, and work years specified in §B(4) of this regulation: Monitoring—Analyses to be Performed by the Department. (Cost per analysis x number of analyses) = $___; Yearly Costs of Regulating the Facility for the Permit Duration. Cost of project manager = (permit writer work years) x (permit writer's annual salary + annual benefits) x (overhead factor) = $___, Cost of supervision of project manager = 0.25 x (permit writer work years) x (permit writer's annual salary + annual benefits) x (overhead factor) = $___, (Compliance and enforcement work years) x (enforcement personnel annual salary + annual benefits) x (overhead factor) = $___, Subtotal, costs of regulating = $___; Service fee = costs of regulating + costs of monitoring = $___. Except as specified in §B(5) of this regulation, the Secretary shall use the following values in performing the calculations outlined in §B(3): For the sum of the permit writer's annual salary and benefits, $49,000; For the sum of enforcement personnel annual salary and benefits, $51,000; For the overhead factor, 1.25; For permit writer work years: 0.1 for storage facilities, 0.1 for treatment facilities, 0.12 for incineration facilities, 0.18 for disposal facilities, and For facilities that have a combination of the types of waste management units listed in §B(4)(d)(i)—(iv) of this regulation, the sum of the corresponding factors listed in §B(4)(d)(i)—(iv) of this regulation; and For compliance and enforcement work years: 0.2 for operating disposal facilities, and 0.05 for facilities other than operating disposal facilities. The Secretary may modify the factors specified in §B(4) of this regulation as necessary to reflect increased personnel and overhead costs, and additional expenditures of staff time based on the complexity of the facility. Environmental Fee. The environmental fee component of the permit fee is calculated as the product of a size factor, location factor, and a waste management factor. The size factor is equal to one plus (0.1 times the number of acres used for hazardous waste management units at the facility). The location factor is obtained by determining the land uses adjacent to the facility as shown on zoning maps, and choosing the maximum of the following numbers associated with the corresponding land uses that are adjacent to the facility: Industrial—1.0; Agricultural—1.2; Residential—1.5; Institutional—1.5; Recreational—1.7. The waste management factor is equal to the sum of the products of a hazard factor and a quantity factor assigned to permitted storage, treatment, active disposal, and inactive disposal activities at a facility. Hazard Factor. For disposal facilities, the hazard factor is equal to 10 times the fraction of acute hazardous waste that the facility is permitted to handle plus 3.0 times the fraction of nonacute hazardous waste that the facility is permitted to handle. For all other facilities, the hazard factor is equal to 10 times the fraction of acute hazardous waste that the facility is permitted to handle plus 2.0 times the fraction of nonacute hazardous waste that the facility is permitted to handle. If a facility is permitted to manage acute hazardous wastes, but the facility's permit does not specify the fraction of waste that may be acute, the fraction is assumed to be 0.1 for the purpose of the calculations described in §B(6)(e)(i) and (ii) of this regulation. Quantity Factor. The quantity factor is set according to the type of facility, as described in §B(6)(g)—(l) of this regulation. For storage facilities, the quantity factor is equal to the hazardous waste storage capacity, in tons. For treatment facilities permitted to treat up to 1,000 tons of hazardous waste per year, the quantity factor is equal to the maximum amount of hazardous waste authorized to be treated per year, in tons. For treatment facilities permitted to treat more than 1,000 tons of hazardous waste per year, the quantity factor is equal to 1,000 plus (0.001 times the number of tons in excess of 1,000 authorized to be treated per year). For active disposal facilities permitted to dispose of up to 20,000 tons per year of hazardous waste, the quantity factor is equal to the amount of waste authorized to be disposed of per year, in tons. For active disposal facilities permitted to dispose of more than 20,000 tons per year of hazardous waste, the quantity factor is equal to 20,000 plus (0.001 times the amount of hazardous waste, in tons, in excess of 20,000 tons authorized to be disposed of per year). For inactive disposal facilities, the quantity factor is equal to 0.001 times the total amount of hazardous waste in tons disposed of at the facility. Failure to pay the permit fee in a timely manner constitutes grounds for permit termination under Regulation .12. Permits Required. A person may not thermally destroy hazardous waste in an installation other than a hazardous waste incinerator without first obtaining a Limited Facility Permit and an air quality operating permit, except that an electric generating station is not required to obtain an air quality operating permit. The effects of these regulations with respect to persons who have submitted timely applications under §B(2) shall be stayed until the Department has either issued or denied the Limited Facility Permit, but only so long as the applicant operates in compliance with the terms and conditions of an approval issued by the Department under COMAR 26.11.09.10. Upon issuance of the Limited Facility Permit, the terms and conditions of the Limited Facility Permit will supersede the terms and conditions of any approval issued under COMAR 26.11.09.10. Application for a Limited Facility Permit. A person may apply to the Department for a Limited Facility Permit on an application provided by the Department. The application shall include the following information: The name and address of the owner of the installation in which the thermal destruction is to take place; The location of the installation in which the thermal destruction is to take place; A description of the installation in which the thermal destruction is to take place including: The maximum rated heat input, The burner type or types, A description of the combustion chamber, The fuel type usually used, Any air pollution control devices used, and A description of the exhaust system including the stack height and diameter; The characteristics of the hazardous waste to be thermally destroyed including: The flash point, The heat content, expressed in Btu per pound, and The viscosity; The total annual quantity of the hazardous waste to be thermally destroyed and the expected firing rate, expressed in pounds/hour; An operations plan for the installation that will be thermally destroying the hazardous waste including: The start-up procedure, The normal operating procedure, The shut-down procedure, and The estimated firing time, expressed in hours per day and days per week; A waste analysis plan as described in COMAR 26.13.05.02D(2); A general inspection schedule as described in COMAR 26.13.05.02F(2); A contingency plan as described in COMAR 26.13.05.04; A closure plan as described in COMAR 26.13.05.07C; A closure cost estimate, evidence of financial responsibility and evidence of insurance, all as described in COMAR 26.13.05.08; Any other information the Department may request in order to make a determination under this regulation; The signature on the application of the applicant, if the applicant is an individual person, or of a person who is a responsible official, as described in Regulation .03A, of the organization, if the applicant is a business, governmental, or other organization entity. An installation subject to §A(1) that was in operation on the effective date of these regulations shall apply to the Department for a Limited Facility Permit on an application provided by the Department within 6 months of the effective date of this regulation. The application shall contain the information requested in §B(1). Issuance of a Limited Facility Permit. General. Applications for a Limited Facility Permit will be reviewed and a permit issued by the Department based on the combustion efficiency and capacity of the installation to be used to destroy the waste. In determining the approvability of an application, the Department will consider the characteristics of the components in the waste and the capability of the installation to dispose of the waste in a manner that will have no adverse impact on the environment or on persons living in the area of the installation proposed to be used. Specific Requirements. A permit may be issued if the following requirements are met: The burner within the installation shall be of a type and size to burn the specified waste and the heat energy demand of the installation shall be constant during the time when the waste is burned or otherwise capable of maintaining the required combustion conditions; The stack height of the installation shall be consistent with good engineering practice; The installation shall be operated and maintained by a person directly assigned to those responsibilities; The discharge of components of the waste or products of combustion of the waste, including sulfur, lead, and halogenated compounds, may not cause a violation of any ambient air quality standards at COMAR 26.11.03 and COMAR 26.11.04 or cause a threat to public health; If PCBs are present in the waste to be destroyed, the PCB content of the waste shall be within allowable limits for the selected installation as specified by the U.S. EPA. Permit Conditions and Procedures. The conditions and procedures specified at Regulations .04--.14 as applicable to facility permits shall also apply to Limited Facility Permits. The Department may establish conditions on a permit for the purpose of monitoring and controlling the efficiency of combustion of the waste, the products of combustion in the exhaust, or the composition of the waste feed. The Department will deny an application for a Limited Facility Permit if it determines that the requirements of §§B and D of this regulation or any other applicable requirements under this subtitle have not been satisfied. Permit Duration. A Limited Facility Permit under this regulation is valid for 3 years unless modified, revoked, or terminated under Regulation .11 or .20B of this chapter. Qualifying for Interim Status. Except as provided in §A(3) of this regulation, an owner or operator of a facility identified in COMAR 26.13.06.01A may qualify for interim status and may operate as if the owner or operator has a CHS permit if the owner or operator has complied with the requirements of: §3010(a) of RCRA, pertaining to notification of hazardous waste activity, if applicable; COMAR 26.13.06.01B, governing submission of part A CHS permit applications; and §B of this regulation. Failure to Qualify for Interim Status. If the Department has reason to believe upon examination of a part A CHS permit application that the application fails to meet the requirements for a part A CHS permit application as defined in COMAR 26.13.01.03B, it shall: Notify the owner or operator of the facility in writing of the apparent deficiency; and Specify in the notice to the owner or operator of the facility the grounds for the Department's belief that the application is deficient. The owner or operator of the facility shall have 30 days from the date of receipt of the Department's notice to respond in writing to the notice and to explain or rectify the alleged deficiency in the part A CHS permit application. If, after providing notification and opportunity for response to the owner or operator of the facility, the Department determines that the application is deficient, it may take appropriate enforcement action. Section A(1) of this regulation does not apply to a facility: That has previously been denied a CHS permit; or For which authority to operate the facility under RCRA or Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, has previously been terminated. Operation During Interim Status. During the period of interim status, the owner or operator of the facility may not: Treat, store, or dispose of hazardous waste not specified in the part A CHS permit application; Employ processes not specified in the part A CHS permit application; or Exceed the design capacities specified in the part A CHS permit application. During the period of interim status, the owner or operator of the facility shall comply with the interim status standards in COMAR 26.13.06. Changes During Interim Status. Permissible Changes. The owner or operator of the facility may make the following changes, if the changes do not involve reconstruction as defined in §C(2) of this regulation: An owner or operator of the facility may submit a revised part A CHS permit application to obtain approval from the Department to: Treat, store, or dispose of new hazardous wastes not previously identified in the part A CHS permit application, and In the case of newly listed or identified wastes, add units to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification; An owner or operator of the facility may increase the design capacity of processes used at the facility if a revised part A CHS permit application that includes a justification for the change is submitted before the change, and the Secretary approves the changes because: There is a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities, or The change is necessary to comply with a federal, state, or local requirement; An owner or operator of the facility may make a change in a process for the treatment, storage, or disposal of hazardous waste or may add a process for the treatment, storage, or disposal of hazardous waste if: The owner or operator submits a revised part A permit application to the Department before implementing the change, The owner or operator submits a justification explaining the need for the change to the Department, and The Secretary approves the change because the change is necessary to prevent a threat to human health and the environment caused by an emergency situation, or because the change is necessary to comply with a federal, State, or local requirement; Changes in ownership or operational control may be made in accordance with the following: The new owner or operator of the facility shall submit a revised part A CHS permit application not later than 90 days before the scheduled change, When a transfer of operational control of a facility occurs, the former owner or operator of the facility shall comply with the requirements of COMAR 26.13.06.16 until the new owner or operator of the facility has demonstrated compliance with that regulation to the Secretary, The new owner or operator of the facility shall demonstrate compliance with COMAR 26.13.06.16 within 6 months of the date of the change in ownership or operational control of the facility, Once the new owner or operator of the facility demonstrates compliance with COMAR 26.13.06.16, the Secretary shall notify the former owner or operator of the facility in writing that, as of the date of the demonstration of compliance by new owner or operator, the former owner or operator no longer needs to comply with COMAR 26.13.06.16, Interim status duties not specified in §C(1)(d)(i)—(iv) of this regulation are transferred to the new owner or operator of the facility effective immediately upon the date of the change in ownership or operational control of the facility; Changes limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility which are made in accordance with an interim status corrective action order issued by: EPA under §3008(h) of RCRA or other federal authority, The Department, under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, or other applicable State authority, or A court in a judicial action brought by EPA or the Department; and The addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised part A CHS permit application on or before the date on which the unit becomes subject to the new requirements. Except as specifically allowed under §C(3) of this regulation, changes listed under §C(1) of this regulation may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all applicable requirements under this subtitle are met, the following changes may be made even if these changes amount to a reconstruction under §C(2) of this regulation: Changes made solely for the purposes of complying with the requirements of COMAR 26.13.05.10-4 for tanks and ancillary equipment; If necessary to comply with federal, State, or local requirements, changes: To an existing unit, Solely involving tanks or containers, or Involving addition of replacement surface impoundments that satisfy the standards of RCRA §3004(o); Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility before the effective date of the regulation establishing the new listing or identification; Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan; Changes necessary to comply with an interim status corrective action order issued by EPA under §3008(h) of RCRA or other federal authority, by the Department under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, other applicable State authority, or by a court in a judicial proceeding brought by EPA or the Department, if the changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility; Changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by 40 CFR Part 268 or RCRA §3004, if the changes are made solely for the purpose of complying with 40 CFR Part 268 or RCRA §3004; Addition of newly regulated units under §C(1)(f) of this regulation; and Changes necessary to comply with standards under 40 CFR Part 63, Subpart EEE, National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors, or corresponding State regulations. Termination of Interim Status. Interim status terminates: When final administrative disposition of a CHS permit application is made; or As provided in COMAR 26.13.06.01B(5). Termination of Interim Status—Submission of Permit Application and Additional Requirements. For owners or operators of each land disposal facility, which has been granted interim status before November 8, 1984, interim status terminates on November 8, 1985, unless: The owner or operator submits a part B CHS permit application for the facility before that date; and The owner or operator certifies that the facility is in compliance with all applicable ground water monitoring and financial responsibility requirements. For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a CHS permit, and which is granted interim status, interim status terminates 12 months after the date on which the facility first becomes subject to the requirement for a CHS permit, unless the owner or operator of the facility: Submits a part B CHS permit application for the facility not later than 12 months after the date on which the facility first becomes subject to the permitting requirement; and Certifies that the facility is in compliance with all applicable ground water monitoring and financial responsibility requirements. For owners or operators of a land disposal unit who are required to make changes during interim status to comply with a federal, State, or local requirement, and who are granted authority to operate under §C(1)(a), (b), or (c) of this regulation, interim status terminates on the date 12 months after the effective date of the requirement, unless the owner or operator certifies that the unit is in compliance with all applicable ground water monitoring and financial responsibility requirements. For owners and operators of each incinerator facility, which has achieved interim status before November 8, 1984, interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a part B CHS permit application for an incinerator facility by November 8, 1986. For owners or operators of any facility other than a land disposal or an incinerator facility, which has achieved interim status before to November 8, 1984, interim status terminates on November 8, 1992, unless the owner or operator of the facility submits a part B CHS permit application for the facility by November 8, 1988. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulations .01—.05 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) Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 20) Regulation .02A—F repealed, and new .02A—O adopted effective January 31, 1983 (10:2 Md. R. 110) Regulations .02A, B, F, J, L, M, N, .03A, B, C, L, M amended and .01C, P, and .05 adopted effective February 13, 1984 (11:3 Md. R. 202) Regulations .02A, C, J, .03I amended and .01D, E, and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330) Regulation .03A—E repealed, and new .03A—M adopted effective January 31, 1983 (10:2 Md. R. 110) Regulation .05 repealed effective January 31, 1983 (10:2 Md. R. 110) Chapter recodified from COMAR 10.51.07 to COMAR 26.13.07 Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .01F amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759) Regulation .02A—D, J—L, and P amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .02D and E amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853) Regulation .02F amended effective May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533) Regulation .02I adopted effective April 11, 1994 (21:7 Md. R. 533) Regulation .02R adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .03B, C, F, G, and L amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009) Regulation .05B amended effective April 18, 1988 (15:8 Md. R. 1009) Regulation .11B amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533) Regulation .13 amended and recodified as Regulations .13 and .13-1—.13-3 adopted effective December 23, 1991 (18:25 Md. R. 2759) Regulation .13-1C adopted effective April 11, 1994 (21:7 Md. R. 533) Regulation .13-2A amended effective April 11, 1994 (21:7 Md. R. 533) Regulation .15E amended effective May 5, 1997 (24:9 Md. R. 659) Regulation .21A, B amended effective March 15, 1993 (20:5 Md. R. 515) Regulation .22B amended effective December 23, 1991 (18:25 Md. R. 2759) Chapter revised effective September 10, 1997 (24:5 Md. R. 413) Chapter revised effective October 16, 2000 (27:20 Md. R. 1843) Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647) Regulation .13-2A amended effective November 1, 2002 (29:15 Md. R. 1647) Regulation .23C amended effective November 1, 2002 (29:15 Md. R. 1647) Chapter revised effective May 1, 2008 (35:8 Md. R. 809) Regulation .01F repealed effective October 1, 2025 (52:17 Md. R. 876) Regulation .02D amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .02-4B amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .02-5B amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .02-6C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .02-8B amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .13-2A amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .17B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20-1 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20-2 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20-3C amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20-4 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20-5 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .20-6 amended effective October 1, 2025 (52:17 Md. R. 876) The Department, pursuant to the applicable provisions of the Real Property Article, may condemn any land or facility used for disposal of CHS if it determines any of the following: The condemnation is necessary to provide for proper perpetual care and monitoring of the facility; Future disturbance of the land poses a substantial threat to the natural resources of the State; or The facility poses a substantial threat to the public health. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: Regulation .01 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) Chapter recodified from COMAR 10.51.09 to COMAR 26.13.08 This chapter: Identifies certain requirements associated with the management of hazardous wastes that are to be land disposed; Applies to: Generators of hazardous waste; Transporters of hazardous waste; Owners and operators of hazardous waste facilities; and Reverse distributors; and Does not apply to a hazardous waste that is listed in COMAR 26.13.02.16—.19 but is not listed in 40 CFR §§261.30—261.34, unless the waste: Exhibits a characteristic of hazardous waste; or Is otherwise subject to the requirements identified in Regulation .03 of this chapter. In this chapter, the following terms have the meanings indicated. Terms Defined. “Prohibited characteristic” means a characteristic of hazardous waste identified under COMAR 26.13.02.08 that will cause a solid waste to become a prohibited waste if the waste exhibits that characteristic. “Prohibited waste” means a hazardous waste that either: Is prohibited from land disposal by this chapter; or May be land disposed despite not meeting a treatment standard established by this chapter because of an exemption granted: Under this chapter; or By EPA under 40 CFR Part 268. “Restricted waste” means a hazardous waste for which restrictions on land disposal are established by this chapter. As qualified by §B of this regulation, a hazardous waste generator, a hazardous waste transporter, and an owner or operator of a hazardous waste facility shall comply with the requirements of 40 CFR Part 268. In complying with 40 CFR Part 268, a person shall: Substitute “Secretary” for “Administrator” and “Regional Administrator”, except in: 40 CFR §268.5, which relates to case-by-case extensions of effective dates; 40 CFR §268.6, which relates to petitions to allow land disposal of certain prohibited wastes; 40 CFR §268.13, which relates to deadlines imposed on EPA; 40 CFR §268.40(b) and 40 CFR §268.42(b), which relate to approval of alternate treatment methods; and 40 CFR §268.44(a)—(g), which relate to approvals of variances from treatment standards; Substitute “Department” for “EPA”, except when “EPA” is being used as a modifier, as in “EPA Publication”, or “EPA Hazardous Waste Number”; Interpret the terms “prohibited characteristic”, “prohibited waste”, and “restricted waste” to have the meanings given in Regulation .02B of this chapter; and Refer to the table in COMAR 26.13.01.05B(2) to identify references to provisions in COMAR that should be substituted for corresponding references to federal regulations that are made in 40 CFR Part 268. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: January 13, 2022 (49:1 Md. R. 14) Regulation .01 amended effective October 1, 2025 (52:17 Md. R. 876) Applicability. This regulation applies to recyclable materials that are applied to or placed on the land: Without mixing with any other substance or substances; or After mixing or combining with any other substance or substances. The materials in §A(1) of this regulation are referred to throughout this regulation as “materials used in a manner that constitutes disposal”. Except as provided in §A(4) and (5) of this regulation, products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if: The recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means; For each recyclable material, that is, hazardous waste, that the product contains, the product meets the applicable: Treatment standards in 40 CFR Part 268, Subpart D; or Prohibition levels in 40 CFR §268.32 or RCRA §3004(d), if no treatment standards have been established under 40 CFR Part 268, Subpart D; and The recycler complies with the requirements of 40 CFR §268.7(b)(6), either directly or, if located in Maryland, as qualified by COMAR 26.13.09.03B. Slags that are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, and that are used as an antiskid agent or deicing agent in a manner that constitutes disposal, are not covered by the exemption in §A(3) of this regulation. A fertilizer that contains recyclable materials is not subject to regulation as hazardous waste when used for its intended purpose if the fertilizer meets the applicable treatment standard in 40 CFR Part 268, Subpart D, for each recyclable material, that is, hazardous waste, that it contains. Standards Applicable to Generators and Transporters of Materials Used in a Manner That Constitutes Disposal. Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of COMAR 26.13.03 and 26.13.04 and the notification requirement of Section 3010 of RCRA. Standards Applicable to Storers of Materials That Are To Be Used in a Manner That Constitutes Disposal, Who Are Not the Ultimate Users. Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of COMAR 26.13.02, 26.13.05.01—.12, 26.13.06.01—.20, and 26.13.07, and the notification requirement under §3010 of RCRA. Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal. Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of COMAR 26.13.02, 26.13.05, 26.13.06, 26.13.07, and 26.13.09 and §3010 of RCRA, except that these requirements do not apply to products which contain these recyclable materials under the provisions of §A(3) of this regulation. The use of waste or used oil or other material, which is contaminated with a hazardous waste, for dust suppression or road treatment is prohibited. Applicability. This regulation applies to hazardous wastes that are burned for energy recovery in any boiler or industrial furnace that is regulated under COMAR 26.13.05.16 except as provided by §A(2) of this regulation. These hazardous wastes burned for energy recovery are termed “hazardous waste fuel”. Fuel produced from hazardous waste by processing, blending, or other treatment is also hazardous waste fuel. These regulations do not apply, however, to gas recovered from hazardous waste management activities when the gas is burned for energy recovery. The following hazardous wastes are not regulated under this regulation: Hazardous wastes that are exempt from regulation under the provisions of COMAR 26.13.02.04, .04-1, and .06A(3); Except as provided in §D of this regulation, used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in COMAR 26.13.02. This used oil is subject to regulation under COMAR 26.10.15, 26.13.02.06A(3)(c), 26.13.04.01D(4), and 26.13.10.05, rather than this regulation. Prohibitions. A person may market hazardous waste fuel only: To persons who have notified the State of their hazardous waste fuel activities and have a U.S. EPA identification number; and If the fuel is burned, to persons who burn the fuel in boilers or industrial furnaces identified in §B(2) of this regulation. Hazardous waste fuel may be burned for energy recovery only in devices identified in COMAR 26.13.05.16C(3). Fuel which contains any hazardous waste may not be burned in any cement kiln which is located within the boundaries of any incorporated municipality with a population greater than 500,000 (based on the most recent census statistics) unless the kiln fully complies with regulations under this subtitle that are applicable to incinerators. Standards Applicable to Generators of Hazardous Waste Fuel. Generators of hazardous waste that is used as a fuel or used to produce a fuel are subject to the requirements of COMAR 26.13.03. Generators who market hazardous waste fuel to a burner also are subject to §E of this regulation. Standards Applicable to Transporters of Hazardous Waste Fuel. Transporters of hazardous waste fuel, and hazardous waste that is used to produce a fuel are subject to COMAR 26.13.04. Standards Applicable to Marketers of Hazardous Waste Fuel. Persons who market hazardous waste fuel are termed “marketers”. Marketers include generators who market hazardous waste fuel directly to a burner, persons who receive hazardous waste from generators and produce, process, or blend hazardous waste fuel from these hazardous wastes, and persons who distribute but do not process or blend hazardous waste fuel. These persons are subject to the following requirements: Prohibitions. The prohibitions under §B. Notification. Notification requirements under Section 3010 of RCRA for hazardous waste fuel activities. Even if a marketer has previously notified EPA of his hazardous waste management activities and obtained a U.S. EPA identification number he shall renotify the U.S. EPA and the Secretary to identify his hazardous waste fuel activities. Storage. COMAR 26.13.03.03-3—.03-10, 26.13.05.01—.12, and 26.13.07. Off-site Shipment. The standards for generators in COMAR 26.13.03 when a marketer initiates a shipment of hazardous waste fuel. Required Notices. Before a marketer initiates the first shipment of hazardous waste fuel to a burner or another marketer, he shall obtain a one-time written and signed notice from the burner or marketer certifying that: The burner or marketer has notified EPA and the Secretary under §3010 of RCRA and identified his waste-as-fuel activities; and If the recipient is a burner, the burner will burn the hazardous waste fuel in a facility permitted under COMAR 26.13.05.15 or .16 and COMAR 26.13.07.05. Before a marketer accepts the first shipment of hazardous waste fuel from another marketer, he shall provide the other marketer with a one-time written and signed certification that he has notified EPA and the Secretary under Section 3010 of RCRA and identified his hazardous waste fuel activities. Record Keeping. In addition to the applicable record-keeping requirements of COMAR 26.13.03 and 26.13.05, a marketer shall keep a copy of each certification notice he receives or sends for 3 years from the date he last engages in a hazardous waste fuel marketing transaction with the person who sends or receives the certification notice. Standards Applicable to Burners of Hazardous Waste Fuel. Owners and operators of industrial furnaces and boilers identified in §B(2) that burn hazardous waste fuel for energy recovery are “burners”, and are subject to the following requirements: Prohibitions. The prohibitions under §B. The substantive and procedural requirements of COMAR 26.13.05.16 and COMAR 26.13.07.05. Notification. Notification requirements under Section 3010 of RCRA for hazardous waste fuel activities. Even if a burner has previously notified EPA of his hazardous waste management activities and obtained a U.S. EPA identification number, he shall renotify the U.S. EPA and the Secretary to identify his hazardous waste fuel activities. Storage. For short term accumulation by generators who burn their hazardous waste fuel on-site, the applicable provisions of COMAR 26.13.03.03-3—.03-10. For storage facilities the applicable provisions of COMAR 26.13.05.01—.12 and 26.13.07. Required Notices. Before a burner accepts the first shipment of hazardous waste fuel from a marketer, he shall provide the marketer a one-time written and signed notice certifying that: He has notified EPA under Section 3010 of RCRA and identified his waste-as-fuel activities; and He will burn the fuel only in a boiler or furnace identified in §B of this regulation and COMAR 26.13.05.16. Record Keeping. In addition to the applicable record-keeping requirements of COMAR 26.13.05, a burner shall keep a copy of each certification notice that he sends to a marketer for 3 years from the date he last received hazardous waste fuel from that marketer. This regulation applies to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these. Persons who generate, transport, or store recyclable materials regulated by this regulation are subject to the following requirements: Notification requirements under Section 3010 of RCRA; COMAR 26.13.02.06C(2), 26.13.03.04, 26.13.04, and 26.13.05.05B and C; and For precious metal imported to or exported from other countries for recovery, 40 CFR Part 262, Subpart H, and COMAR 26.13.05.02C. Persons who store recycled materials that are regulated under this regulation shall: Keep the following records to document that they are not accumulating these materials speculatively as defined in COMAR 26.13.02: Records showing the volume of these materials stored at the beginning of the calendar year, The amount of these materials generated or received during the calendar year, and The amounts of materials remaining at the end of the calendar year; and Comply with the storage requirements for generators found in COMAR 26.13.03. A recyclable material that is subject to this regulation that is material accumulated speculatively, as defined in COMAR 26.13.02.01D, is subject to all applicable provisions of COMAR 26.13.03—26.13.10. Applicability. Except as provided in §B of this regulation, this regulation applies to spent lead-acid batteries that are recyclable materials. For the purposes of this regulation, “spent batteries” means spent lead-acid batteries that are recyclable materials. A person may choose to manage spent lead-acid batteries under the provisions applicable to universal waste batteries in COMAR 26.13.10.06—.25, rather than under the requirements of this regulation. Management Requirements — General. Persons who manage spent batteries as described in §C(2) of this regulation shall comply with the applicable regulatory requirements in the sections that are cross-referenced. Persons who manage spent batteries that are to be reclaimed: By regeneration, shall comply with §D of this regulation; and By a means other than regeneration and who: Store the spent batteries at a permitted CHS facility before reclaiming them, shall comply with §E of this regulation; Store the spent batteries at an interim status facility before reclaiming them, shall comply with §F of this regulation; Do not store the spent batteries before they reclaim them, shall comply with §G of this regulation; Store the spent batteries before they are reclaimed by others, shall comply with §H of this regulation; and Generate, collect, or transport the spent batteries, shall comply with §I of this regulation. Persons who export batteries to be reclaimed through regeneration or any other means in a foreign country shall comply with §J of this regulation. Persons who transport batteries to export them to be reclaimed through regeneration or any other means in a foreign country shall comply with §K of this regulation. Requirements — Reclamation by Regeneration. Persons who manage spent batteries that are to be reclaimed through regeneration, such as by electrolyte replacement: Are exempt from the following requirements with respect to management of those batteries, including the regeneration: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.09; and The notification requirements of §3010 of RCRA; and Are subject to the requirements of COMAR 26.13.02. Requirements — Permitted Facilities That Reclaim Spent Batteries. Owners or operators of facilities that store spent batteries before reclaiming them by a means other than regeneration are subject to the following requirements: Notification requirements under §3010 of RCRA; All applicable provisions of COMAR 26.13.02; COMAR 26.13.03.02, which concerns hazardous waste determination; All applicable provisions of COMAR 26.13.05.01—.12, except for: COMAR 26.13.05.02D, which concerns waste analysis; COMAR 26.13.05.05B, which concerns use of manifests; and COMAR 26.13.05.05C, which concerns manifest discrepancies; All applicable provisions of COMAR 26.13.07 and .09; and If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H. Requirements — Interim Status Facilities That Reclaim Spent Batteries. Owners or operators of interim status facilities that store spent batteries before reclaiming them by a means other than regeneration are subject to the following requirements: Notification requirements under §3010 of RCRA; All applicable provisions of COMAR 26.13.02; COMAR 26.13.03.02, which concerns hazardous waste determination; All applicable provisions of COMAR 26.13.06, except for: COMAR 26.13.05.02D, which concerns waste analysis, and which the owner or operator would otherwise be required to comply with by COMAR 26.13.06.02A; COMAR 26.13.05.05B, which concerns use of manifests, and which the owner or operator would otherwise be required to comply with by COMAR 26.13.06.05; and COMAR 26.13.05.05C, which concerns manifest discrepancies, and which the owner or operator would otherwise be required to comply with by COMAR 26.13.06.05; All applicable provisions of COMAR 26.13.07 and .09; and If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H. Requirements — Reclamation Without Storage. Persons who reclaim spent batteries by a method other than regeneration and do not store the spent batteries before reclaiming them are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.07; and The notification requirements of §3010 of RCRA; and Subject to: Applicable requirements of COMAR 26.13.09; and If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H. Requirements — Storage Before Reclamation by Persons Other Than the Reclaimer. Persons who store spent batteries that are to be reclaimed by a method other than regeneration, and who do not themselves reclaim the batteries are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.07; and The notification requirements of §3010 of RCRA; and Subject to: Applicable requirements of COMAR 26.13.09; and If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H. Requirements — Generation, Collection, and Transport of Batteries That Will Be Reclaimed. Persons who generate, collect, or transport spent batteries that will be reclaimed by a method other than regeneration, or who perform any combination of these activities, are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.07; and The notification requirements of §3010 of RCRA; and Subject to the applicable requirements of COMAR 26.13.09. Requirements — Exports of Batteries That Will Be Reclaimed. Persons who export batteries to be reclaimed through regeneration or any other means in a foreign country are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; and COMAR 26.13.04—.07 and .09; and Subject to 40 CFR Part 262, Subpart H. Requirements — Transport of Batteries That Will Be Exported and Reclaimed. Persons who transport batteries in the U.S. to export them to be reclaimed through regeneration or any other means in a foreign country are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.04—.07 and .09; and The notification requirements of §3010 of RCRA; and Subject to 40 CFR Part 262, Subpart H. Purpose. This regulation identifies circumstances under which used oil is regulated as hazardous waste, and identifies other regulations with which persons managing used oil are required to comply. Applicability. This regulation applies to used oil as defined in COMAR 26.13.01.03B, and to other materials, whether or not the used oil or other materials exhibit any characteristics of hazardous waste identified in COMAR 26.13.02.10—.14. Mixtures of Used Oil and Waste that is Listed as Hazardous. Mixtures of used oil and waste that is listed as hazardous in COMAR 26.13.02.16—.19 are subject to regulation as hazardous waste under COMAR 26.13.01 —26.13.09 and Regulations .01—.04 of this chapter rather than as used oil under COMAR 26.10.15. Rebuttable Presumption for Used Oil. Except as provided in COMAR 26.13.02.04-1A(11), used oil containing more than 1,000 parts per million total halogens is regulated as a hazardous waste because it is presumed to have been mixed with halogenated hazardous waste listed in COMAR 26.13.02.16—.19. Mixtures of Used Oil and Characteristic Hazardous Waste. Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14 are regulated as: Hazardous waste rather than used oil under COMAR 26.10.15 if the resultant mixture exhibits any of the characteristics of hazardous waste; or Used oil under COMAR 26.10.15 if the resultant mixture does not exhibit any of the characteristics of hazardous waste. Mixing Used Oil and Characteristic Hazardous Waste. Except as provided in §E(2) and (3) of this regulation, a person may not mix the following hazardous wastes with used oil as a means of rendering the waste nonhazardous: Hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14; and Hazardous waste that is listed in COMAR 26.13.02.16—.19 solely because it exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14. Section E(1) of this regulation does not prohibit incidental mixing of oil and characteristic hazardous waste that may occur during the intended use of the oil. A person may mix used oil with waste that is hazardous solely because it exhibits the characteristic of ignitability as identified in COMAR 26.13.02.11 if the mixture is to be burned for energy recovery. A person who generates hazardous waste that is subject to reduced regulatory requirements under COMAR 26.13.02.05 shall comply with §E of this regulation with respect to mixing the waste with used oil. Materials Containing or Otherwise Contaminated with Used Oil. Except as provided in §G(2) of this regulation, materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible, so that no visible signs of free-flowing oil remain in or on the material; are Not regulated as used oil; and Subject to applicable regulations of COMAR 26.13.01—26.13.10. Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10. Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under COMAR 26.10.15. Mixtures of Used Oil with Products. Except as provided in §H(2) of this regulation, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under COMAR 26.10.15. Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to this regulation or to COMAR 26.10.15 once the used oil and diesel fuel have been mixed. Before used oil and diesel fuel are mixed for use in the generator's own vehicles, the used oil is subject to regulation under COMAR 26.10.15. Materials Derived from Used Oil. Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal, such as re-refined lubricants, are not: Regulated as used oil; and Solid wastes and are not subject to the hazardous waste regulations of COMAR 26.13.01—26.13.10, as provided in COMAR 26.13.02.03C(2). Materials produced from used oil that are burned for energy recovery, such as used oil fuels, are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10. Except as provided in COMAR 26.13.02.04-1A(15), materials derived from used oil that are disposed of or used in a manner constituting disposal are: Solid wastes and are regulated as hazardous waste if they meet the definition of hazardous waste under COMAR 26.13.02.03; and Not regulated as used oil. A person managing used oil shall also determine if the management of the used oil is regulated under COMAR 26.10.15, as described in COMAR 26.10.15.01. This regulation and Regulations .07—.25 of this chapter: Establish requirements for managing universal waste; Include standards for managing the following: Batteries, as described in Regulation .07 of this chapter; Pesticides, as described in Regulation .08 of this chapter; Lamps, mercury-containing equipment, or PCB-containing lamp ballasts, each as described in Regulation .09 of this chapter; and Aerosol cans, as described in Regulation .09-1 of this chapter; and Provide an alternative set of management standards to COMAR 26.13.01—26.13.09 and Regulations .01—.05 of this chapter. Except as provided in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing: Batteries, as defined in COMAR 26.13.01.03B; and Spent lead-acid batteries, which are not managed under Regulation .04 of this chapter. The requirements of Regulations .06—.25 of this chapter do not apply to the management of the following batteries: Spent lead-acid batteries that are managed under Regulation .04 of this chapter; Batteries as defined in COMAR 26.13.01.03B that are not yet wastes under COMAR 26.13.02, including batteries that do not meet the criteria for waste generation in §C of this regulation; and Batteries as defined in COMAR 26.13.01.03B that do not meet the definition of hazardous waste in COMAR 26.13.02.03. Generation of Waste Batteries. A used battery becomes a waste on the date it is discarded, as defined by the criteria in COMAR 26.13.02.02A(2). An unused battery becomes a waste on the date the handler decides to discard it. Except for pesticides identified in §B of this regulation, or as otherwise specified in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing pesticides, as defined in COMAR 26.13.01.03B, meeting the following conditions: Recalled pesticides that are stocks of: A suspended and canceled pesticide that is part of a voluntary or mandatory recall under §19(b) of FIFRA, including, but not limited to, those owned by the registrant responsible for conducting the recall; or A suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, that is part of a voluntary recall by the registrant; and Stocks of unused pesticide products, other than those identified in §A(1) of this regulation, that are collected and managed as part of a waste pesticide collection program. Except as otherwise noted in this section, the requirements of Regulations .06—.25 of this chapter do not apply to management of the following pesticides: Recalled pesticides described in §A(1) of this regulation, and unused pesticide products described in §A(2) of this regulation, that are managed by farmers in compliance with COMAR 26.13.03.07-4, which addresses disposal of pesticides by a farmer on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label; Except for a pesticide in an aerosol can as defined in COMAR 26.13.01.03, pesticides not meeting the conditions of §A of this regulation, which shall instead be managed in compliance with the hazardous waste regulations in COMAR 26.13.01—26.13.10.05; A pesticide in an aerosol can as defined in COMAR 26.13.01.03 that does not meet the conditions of §A of this regulation, which shall be managed either: As aerosol can universal waste in compliance with: Regulation .16-1 of this chapter or Regulation .20F of this chapter; and All other applicable requirements of Regulations .06—.25 of this chapter; or In compliance with the hazardous waste regulations in COMAR 26.13.01—26.13.10.05 Pesticides that are not wastes under COMAR 26.13.02, including pesticides that: Do not meet the criteria for waste generation in §C of this regulation; or Are not wastes as described in §D of this regulation; and Pesticides that do not meet the definition of hazardous waste in COMAR 26.13.02.03. Determining When a Pesticide Becomes a Waste. A recalled pesticide described in §A(1) of this regulation becomes a waste on the first date on which both of the following conditions apply: The generator of the recalled pesticide agrees to participate in the recall; and The person conducting the recall decides to discard the pesticide, with “discard” being defined by the criteria in COMAR 26.13.02.02A(2). An unused pesticide product described in §A(2) of this regulation becomes a waste on the date that the generator decides to discard it. Pesticides That Are Not Wastes. Recalled Pesticides. Recalled pesticides described in §A(1) of this regulation are not wastes, if the person conducting the recall: Has not made a decision to discard the pesticide, with “discard” being defined by the criteria of COMAR 26.13.02.02A(2); or Has made a decision to use a management option that, under COMAR 26.13.02.02, 40 CFR §261.2, or an equivalent regulation in another state, does not cause the pesticide to be a solid waste. Until a decision to discard a pesticide is made in accordance with §D(1)(a)(i) of this regulation, the pesticide: Is not a solid waste and therefore, is not a hazardous waste subject to hazardous waste requirements, including the standards for universal waste management in Regulations .06—.24 of this chapter; and Remains subject to the requirements of FIFRA. If a decision is made to manage a pesticide in a manner that does not cause the pesticide to be a solid waste, in accordance with §D(1)(a)(ii) of this regulation, the pesticide: Is not a hazardous waste and is not subject to hazardous waste requirements, including the standards for universal waste management in Regulations .06—.24 of this chapter; and Remains subject to the requirements of FIFRA, even if it is to be exported to a foreign destination for use or reuse. Unused Pesticide Products. An unused pesticide product described in §A(2) of this regulation is not a waste if the generator of the unused pesticide product has not decided to discard it, with “discard” being defined by the criteria of COMAR 26.13.02.02A(2). The unused pesticide products described in §D(2)(a) of this regulation remain subject to the requirements of FIFRA. Except as provided in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing lamps, mercury-containing equipment, or PCB-containing lamp ballasts as defined in COMAR 26.13.01.03B. The requirements of Regulations .06—.25 of this chapter do not apply to management of an item that is: A lamp, mercury-containing equipment, or a PCB-containing lamp ballast if the item is: Not yet a waste under COMAR 26.13.02, as described in §C of this regulation; and Not hazardous waste as defined in COMAR 26.13.02.03; and Mercury-containing equipment from which all mercury-containing components have been removed. Determination of When a Lamp, Mercury-Containing Equipment, or a PCB-Containing Lamp Ballast Becomes a Waste. A used lamp, used mercury-containing equipment, or a used PCB-containing lamp ballast becomes a waste on the date it is discarded, with “discard” being defined by the criteria in COMAR 26.13.02.02A(2). An unused lamp, unused mercury-containing equipment, or an unused PCB-containing lamp ballast becomes a waste on the date the handler decides to discard it. Except for aerosol cans identified in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing aerosol cans as defined in COMAR 26.13.01.03B. The requirements of Regulations .06—.25 of this chapter do not apply to the management of an aerosol can that: Is not yet waste under COMAR 26.13.02, including an aerosol can that does not meet the criteria for waste generation in §C of this regulation; Does not meet the criteria of §D of this regulation to be regulated as hazardous waste; or Qualifies as an empty container under the provisions of COMAR 26.13.02.07B. Generation of Waste Aerosol Cans. A used aerosol can becomes a waste on the date the can is discarded, with “discarded” being defined by the criteria of COMAR 26.13.02.02A(2). An unused aerosol can becomes a waste on the date the handler decides to discard the can. Criteria to be Regulated as Hazardous Waste. An aerosol can is regulated as hazardous waste if the aerosol can: Exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14; Contains a substance listed in COMAR 26.13.02.15—.19; or Otherwise meets the definition of hazardous waste in COMAR 26.13.02.03. Voluntary Management. A person managing an aerosol can excluded under §B of this regulation may voluntarily elect to manage the aerosol can in accordance with the provisions of Regulations .06—.25 of this chapter. A person managing the following wastes may, at the person's option, manage the waste under the requirements of Regulations .06—.25 of this chapter: Household wastes that are exempt under COMAR 26.13.02.04-1A(1) and are also identified among the universal wastes listed in Regulation .06B of this chapter; and Hazardous wastes that are generated by a Maryland-defined small quantity generator as defined in COMAR 26.13.01.03B and are also identified among the universal wastes listed in Regulation .06B of this chapter. If a person commingles a waste described in §A of this regulation with universal waste regulated under Regulations .06—.25 of this chapter, the person shall manage the commingled waste under the requirements of Regulations .06—.25 of this chapter. Applicability. This regulation and Regulations .12—.18 of this chapter apply to small quantity handlers of universal waste, as defined in COMAR 26.13.01.03B. Prohibitions. A small quantity handler of universal waste may not: Dispose of universal waste, unless the handler does so under authority of a hazardous waste disposal facility permit; or Dilute or treat universal waste, except: In responding to releases as provided in Regulation .17D of this chapter; As provided in Regulations .12—.16 of this chapter; or In accordance with a hazardous waste treatment facility permit. Notification. Except as provided in §C(2) and (3) of this regulation, a small quantity handler of universal waste is not required to notify the Department or the U.S. Environmental Protection Agency of universal waste handling activities. A person who uses a device to crush universal waste lamps is subject to the notification requirement of Regulation .15B(3)(e) of this chapter. Persons Accepting Universal Waste from Off-site. Except for persons identified in §C(4) of this regulation, a small quantity handler of universal waste who accepts universal waste from off site shall: Send a written notification to the Department that contains the following information: The universal waste handler’s name and mailing address; The name and business telephone number of the person at the universal waste handler’s site who should be contacted regarding universal waste management activities; The address or location where universal wastes accepted from off site will be managed; A list of all the types of universal waste that the handler will accept from off site, such as “batteries, pesticides, mercury-containing equipment, and lamps”; and A statement in the cover letter accompanying the notification that the notification should be directed to the group in the Department responsible for oversight of hazardous waste management; and Submit the notification required by §C(2)(a) of this regulation by the later of the following deadlines: Within 90 days after the effective date of this regulation; or Before the date universal waste is first accepted from off site. The notification requirement of §C(3) of this regulation does not apply if either of the following conditions is met: The site where universal waste is accepted from off site has been issued an EPA identification number; or The amount of universal waste at the location that is accepting universal waste from off site never exceeds 500 kilograms. A small quantity handler of universal waste: Shall manage universal waste batteries: In a way that prevents release of any universal waste or any component of universal waste to the environment; and In compliance with the requirements of this regulation; Shall place any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container that is: Kept closed unless waste is being added to or removed from the container; Structurally sound; Compatible with the contents of the battery; and Free of evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; May conduct any of the following activities if the conditions of §D of this regulation are met: Sorting batteries by type; Mixing battery types in one container; Discharging batteries to remove the batteries' electric charge; Regenerating used batteries; Disassembling batteries or battery packs into individual batteries or cells; Removing batteries from consumer products; and Removing electrolyte from batteries; Shall, in conducting the activities identified in §C of this regulation, assure that the casing of each individual battery cell is not breached and remains intact and closed, except that a cell may be opened to remove electrolyte if the cell is immediately closed after the electrolyte is removed; Shall determine if the following items meet the definition of hazardous waste in COMAR 26.13.02.03: Each solid waste generated in conducting the activities identified in §C of this regulation; and Any electrolyte the handler removes from batteries; Shall: Manage any of the items identified in §E of this regulation that meet the definition of hazardous waste in accordance with all applicable requirements of COMAR 26.13.01—26.13.10; Be considered the generator of the hazardous electrolyte or other hazardous waste identified in §F(1) of this regulation; and Comply with the requirements of COMAR 26.13.03 in managing the hazardous electrolyte or other hazardous waste identified in §F(1) of this regulation; and May manage electrolyte or other solid waste identified in §E of this regulation that does not meet the definition of hazardous waste in any manner that is in compliance with applicable federal, state and local solid waste regulations. A small quantity handler of universal waste shall manage universal waste pesticides in a way that prevents releases of any universal waste or any component of universal waste to the environment. A small quantity handler of universal waste shall contain universal waste pesticides in: A container that: Remains closed, except when adding or removing waste; Is structurally sound; Is compatible with the pesticide that it is being used to contain; and Shows no evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; A container that does not meet the requirements of §B(1) of this regulation but is overpacked in a container that does meet the requirements of §B(1) of this regulation; A tank that meets the requirements of COMAR 26.13.06.18, except for: COMAR 26.13.06.18D(4), which concerns additional requirements for tanks that do not have secondary containment; and COMAR 26.13.05.10B, which concerns waste analysis and trial tests and is cross-referenced by COMAR 26.13.06.18A; or A transport vehicle or vessel that: Remains closed, except when adding or removing waste; Is structurally sound; Is compatible with the pesticide that it is being used to contain; and Shows no evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. General. A small quantity handler of universal waste shall manage universal waste mercury-containing equipment in a way that prevents release of any universal waste or any component of universal waste to the environment. For the purposes of this regulation, “open original housing” means a tube or similar object that is open at one end and that holds mercury while the mercury performs a function in a piece of mercury-containing equipment. A small quantity handler of universal waste: Shall place any universal waste mercury-containing equipment identified in §B(2) of this regulation in a container that is: Kept closed, unless waste is being added to or removed from the container; Structurally sound; Compatible with the contents of the mercury-containing equipment; Free of evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; and Reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means; Shall place the following universal waste mercury-containing equipment in a container that satisfies the requirements of §B(1)(a)—(e) of this regulation: Mercury-containing equipment that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; Mercury-containing equipment with noncontained elemental mercury, such as equipment that contains mercury in: An open original housing that has not been sealed in a way that prevents release of mercury to the environment during accumulation or transportation; or A part of the device into which mercury has escaped from the part of the device designed to hold mercury, such as a valve that separates mercury in the mercury-containing equipment from the rest of the device; and Ancillary equipment, such as a valve or other component of mercury-containing equipment that has come into contact with mercury and been removed from the mercury-containing equipment; May remove mercury-containing ampules from universal waste mercury-containing equipment, if the handler: Removes and manages the ampules in a manner designed to prevent breakage of the ampules; Removes ampules only over or in a containment device, such as a tray or pan, sufficient to collect and contain any mercury released from an ampule if the ampule were to break; Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks, as required by §B(3)(d) of this regulation; Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device required by §B(3)(b) of this regulation to a container that meets and is managed in accordance with all applicable requirements of COMAR 26.13.01—26.13.10; Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable exposure levels for mercury established by the federal Occupational Safety and Health Administration (OSHA) and the Maryland Occupational Safety and Health (MOSH) program; Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers; Stores removed ampules in closed, nonleaking containers that are in good condition; and Ensures that packing materials adequate to prevent breakage during storage, handling, and transportation are used in packing removed ampules in the container required by §B(3)(g) of this regulation; May remove an open original housing holding mercury from universal waste mercury-containing equipment if the handler: Immediately seals the original housing holding the mercury with an air-tight seal to prevent any release of mercury to the environment; and In handling the open original housing and the original housing after it has been sealed, manages the housing in accordance with the requirements of §B(3) of this regulation that apply to mercury-containing ampules; May remove from mercury-containing equipment any ancillary equipment that has come in contact with mercury and may manage it as universal waste mercury-containing equipment if the handler: Removes and manages the ancillary equipment in a manner designed to prevent releases of mercury; Removes the ancillary equipment only over or in a containment device, such as a tray or pan, sufficient to collect and contain any mercury that may be released from the ancillary equipment; and Manages the ancillary equipment during and after its removal in accordance with the requirements of §B(3)(c)—(h) of this regulation that apply to intact or broken mercury-containing ampules; and Shall comply with the following requirements if the handler removes mercury-containing ampules or ancillary equipment from mercury-containing equipment, or if the handler seals mercury from mercury-containing equipment in its original housing: Determine whether the following meet the definition of hazardous waste in COMAR 26.13.02.03: Mercury or clean-up residues resulting from spills or leaks; and Other solid waste generated as a result of the removal of mercury-containing ampules, housings, or ancillary equipment, such as the remaining mercury-containing device; If a waste identified in §B(6)(a) of this regulation meets the definition of hazardous waste in COMAR 26.13.02.03, the handler: Shall manage the waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10; and Is considered to be the generator of the waste and shall manage it in accordance with the requirements of COMAR 26.13.03; and If a waste identified in §B(6)(a) of this regulation does not meet the definition of hazardous waste in COMAR 26.13.02.03, the handler shall manage the waste in compliance with applicable federal, State, or local solid waste regulations. A small quantity handler of universal waste shall manage universal waste lamps in a way that prevents release of any universal waste or any component of universal waste to the environment. A small quantity handler of universal waste: Shall contain any lamp that the handler is managing as universal waste in a container or package that is: Structurally sound; Adequate to prevent breakage of the contents of the container or package; Compatible with the contents of the lamps; Kept closed except when adding waste to, or removing waste from, the container or package; and Free of evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions; Shall immediately: Collect any materials resulting from breakage of a universal waste lamp; Clean up any contamination and collect any residues resulting from breakage of a universal waste lamp; and Place the materials identified in §B(2)(a)—(b) of this regulation and any universal waste lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment in a container that is: Kept closed except when adding waste to, or removing waste from, the container; Structurally sound; Compatible with the contents of the lamps; and Free of evidence of leakage, spillage, or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions; and May use a device to crush mercury-containing universal waste lamps if: The handler meets the requirements of §B(2) of this regulation in operating the device; Use of the device does not cause exceedance of the federal Occupational Safety and Health Administration (OSHA) permissible exposure limit for mercury of 0.10 milligrams per cubic meter of air; The handler has documentation from the manufacturer of the device or from another organization approved by the Department that demonstrates that the unit: Is capable of achieving the OSHA permissible exposure limit for mercury of 0.10 milligrams per cubic meter of air, taking into account the conditions in which the device will be operated, such as room size and room ventilation rate; and Achieves a particle retention rate of at least 99.7 percent in the HEPA filter or alternate particulate control device, at a particle diameter of 0.3 microns; The device is equipped with air pollution controls that capture both particulate mercury and vapor phase mercury; The air pollution controls required by §B(3)(d) of this regulation either: Include a High Efficiency Particulate Air (HEPA) filter, a filter using activated carbon, and engineering controls that ensure that exhaust pathways other than those going through the filters are at a negative pressure with respect to air outside the device; or Capture mercury emissions at least as well as a system that employs the items identified in §B(3)(e)(i) of this regulation; The handler operates the device indoors; The handler develops and implements a written procedure detailing how to safely crush mercury-containing lamps that includes: A description of the equipment that will be used to crush the lamps; Requirements to operate and maintain the crushing equipment in accordance with written procedures developed by the manufacturer of the equipment; Documentation of maintenance of the crushing equipment in accordance with the manufacturer's recommendations; and Training of operators of crushing equipment in operating procedures, waste handling procedures, and emergency procedures; The handler: Stores crushed lamps in closed, nonleaking drums or containers that are in good condition; and Does not transfer crushed lamps from one container to another; The handler manages: The crushed lamps in accordance with the applicable requirements of Regulations .06—.25 of this chapter concerning universal waste lamps; and Residues, filter media, or other solid waste generated as part of the crushing operation that are not being reclaimed in accordance with applicable requirements of COMAR 26.13.01—26.13.10; The handler provides the following information in writing to the Department: The handler's name, address, telephone number, EPA identification number, if any, and the name of a contact person at the handler; and The manufacturer and model number of the device that will be used to crush universal waste lamps; The handler makes the notification required by §B(3)(j) of this regulation by one of the following deadlines: Before the lamp crushing device is first used, if the device was not in use before November 1, 2002; or January 1, 2003, if the device was used before November 1, 2002; and The handler makes maintenance records required to be kept by §B(3)(g)(iii) of this regulation available to representatives of the Department upon request. A small quantity handler of universal waste shall manage universal waste PCB-containing lamp ballasts in a way that prevents release of any universal waste or any component of universal waste to the environment. A small quantity handler of universal waste shall contain any PCB-containing lamp ballast that the handler is managing as universal waste in a container that is: Structurally sound; Adequate to prevent damage to the container's contents that could result in a release of hazardous constituents; Compatible with the contents of the PCB-containing lamp ballast; Kept closed, except when adding waste to, or removing waste from, the container; and Free of evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. A small quantity handler of universal waste shall manage universal waste aerosol cans in a way that prevents any releases of universal waste or a component of universal waste to the environment. A small quantity handler of universal waste shall: Accumulate universal waste aerosol cans in a container that is: Structurally sound; Compatible with the contents of the aerosol cans; Lacking evidence of: Leakage; Spillage; or Damage that could cause leakage under reasonably foreseeable conditions; and Protected from sources of heat; Manage a universal waste aerosol can that show evidence of leakage by: Packaging the aerosol can in a separate closed container; Overpacking the aerosol can in a container with absorbents; or Immediately puncturing and draining the aerosol can in accordance with the requirements of §D of this regulation. A small quantity handler of universal waste may conduct the following activities if each individual aerosol can is not breached and remains intact: Sorting aerosol cans by type; Commingling intact aerosol cans in one container; and Removing actuators to reduce the risk that an accidental release will occur. A small quantity handler of universal waste aerosol cans who punctures and drains a universal waste aerosol can shall: Recycle the empty punctured aerosol can; Conduct puncturing and draining activities using a device specifically designed to: Safely puncture aerosol cans; and Effectively contain the residual contents from the punctured can and any related emissions; Establish and follow a written procedure that specifies how to safely puncture and drain the universal waste aerosol can, including details about the following topics: Proper assembly, operation, and maintenance of the device used for the activity; Segregation of incompatible wastes generated; and Proper waste management practices to prevent fires and releases; Maintain, on site, a copy of the manufacturer’s operating instructions and specifications for the device that is being used for puncturing and draining; Ensure that persons performing puncturing and draining activities are trained in the proper procedures for conducting the activities. Ensure that puncturing of the can is done in a manner that: Is designed to prevent fires and prevent the release of any component of universal waste to the environment; and In addition to other appropriate measures to satisfy the requirements of §D(6(a) of this regulation, includes locating the puncturing equipment on a solid, flat surface in a well-ventilated area; Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements in: COMAR 26.13.02.05; COMAR 26.13.03.03-3; or COMAR 26.13.03.03-4 —.03-11, .05E, .05-1, and .05-2; Conduct a hazardous waste determination in accordance with the requirements of COMAR 26.13.03.02—.02-2 on: The contents emptied from the aerosol can; The punctured, drained aerosol can if the aerosol can does not meet the criteria of COMAR 26.13.02.07B to be considered “empty”; and Any other solid waste generated in connection with the puncturing and draining of the aerosol can; Manage any hazardous waste generated as a result of puncturing and draining the aerosol can in accordance with all applicable requirements of COMAR 26.13.01—.10, with the universal waste handler being considered the generator of the hazardous waste and subject to the requirements of COMAR 26.13.03; Manage nonhazardous waste generated as a result of puncturing and draining the aerosol can in accordance with applicable State, federal, and local solid waste regulations; and Satisfy the following requirements concerning emergency preparedness and response: Have in place a written procedure on how to respond in the event of a spill or leak to minimize risks to human health and the environment; Have a spill cleanup kit readily available; and Promptly clean up any spill or leak of the contents of an aerosol can. Labeling and Marking. A small quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified in §A(2) of this regulation. A small quantity handler of universal waste shall: Clearly label or mark each universal waste battery that is not in a container, and each container in which universal waste batteries are being held with one of the following phrases: “Universal Waste—Battery(ies)”; “Waste Battery(ies)”; or “Used Battery(ies)”; Ensure that each container, multiple-container package unit, tank, transport vehicle or vessel which contains recalled universal waste pesticides, as described in Regulation .08A(1) of this chapter, is clearly labeled or marked with: The label that was on or accompanied the product as sold or distributed; and The words “Universal Waste—Pesticide(s)” or “Waste—Pesticide(s)”; Ensure that each container, tank, transport vehicle, or vessel containing unused pesticide products as described in Regulation .08A(2) of this chapter is clearly labeled or marked with: The label that was on the product when purchased, if the label is still legible; The appropriate label as required under the U.S. Department of Transportation regulation, 49 CFR 172, if using the label described by §A(2)(c)(i) of this regulation is not feasible; Another label prescribed or designated by the waste pesticide collection program administered or recognized by the State, if using the label described by §A(2)(c)(i) or (ii) of this regulation is not feasible; and The words “Universal Waste—Pesticide(s)” or “Waste—Pesticide(s)”; Except as provided in §A(3) of this regulation, clearly label or mark each item of universal waste mercury-containing equipment that is not in a container, and each container in which universal waste mercury-containing equipment is being held, with one of the following phrases: “Universal Waste—Mercury-Containing Equipment”; “Waste Mercury—Containing Equipment”; or “Used Mercury—Containing Equipment”; Clearly label or mark each universal waste lamp that is not in a container, and each container or package in which universal waste lamps are being held, with one of the following phrases: “Universal Waste—Lamp(s)”; “Waste Lamp(s)”; or “Used Lamp(s)”; and Clearly label or mark each universal waste PCB-containing lamp ballast that is not in a container, and each container or package in which universal waste PCB-containing lamp ballasts are being held, with one of the following phrases: “Universal Waste—PCB-containing lamp ballast(s)”; “Waste PCB-containing lamp ballast(s)”; or “Used PCB-containing lamp ballast(s)”. Clearly label or mark each universal waste aerosol can that is not in a container, and each container in which universal waste aerosol cans are being held with one of the following phrases: “Universal Waste—Aerosol Can(s)”; “Waste Aerosol Can(s)”; or “Used Aerosol Can(s) As an alternative to the requirements of §A(2)(d) of this regulation, a small quantity handler of universal waste mercury-containing equipment may clearly label or mark a universal waste mercury-containing thermostat or a container that holds only universal waste mercury-containing thermostats with any of the following phrases: “Universal Waste—Mercury Thermostats”; “Waste Mercury Thermostat(s) “; or “Used Mercury Thermostat(s)”. Accumulation Time Limits. Unless the requirements of §B(2) of this regulation are met, a small quantity handler of universal waste may accumulate universal waste for not longer than 1 year from the date the universal waste is generated, or received from another universal waste handler. A small quantity handler of universal waste may accumulate universal waste for longer than 1 year from the date the universal waste is generated, or received from another universal waste handler, if: Accumulation of the universal waste for a period longer than 1 year is solely for the purpose of accumulation of a quantity of universal waste as necessary to facilitate proper recovery, treatment, or disposal; and The handler can demonstrate, on request of the Department, and to the satisfaction of the Secretary, that accumulation of the universal waste for more than 1 year is solely for the purpose of accumulation of a quantity of universal waste as necessary to facilitate proper recovery, treatment, or disposal. A small quantity handler of universal waste shall: Be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received; and Make the demonstration required by §B(3)(a) of this regulation by: Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received by the handler; Marking or labeling each individual item of universal waste, such as each battery or thermostat, with the date the individual item became a waste or was received by the handler; Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received by the handler; Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received by the handler; Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received by the handler; or Using any other method that clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received by the handler. Employee Training. A small quantity handler of universal waste shall provide the following information to all employees who handle or have responsibility for managing universal waste: Proper handling procedures for each type of universal waste handled at the facility; and Emergency procedures appropriate for the types of universal waste handled at the facility. Response to Release. A small quantity handler of universal waste shall: Immediately contain all releases of universal wastes and other residues from universal wastes; and Determine whether any material resulting from a release associated with the management of universal waste is hazardous waste, and if it is, manage the hazardous waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10. If a small quantity handler of universal waste has a release of hazardous waste, the handler: Is considered the generator of the hazardous waste resulting from the release; and Shall manage the hazardous waste in compliance with COMAR 26.13.03. Off-Site Shipments. A small quantity handler of universal waste may not send or take universal waste to a place other than: Another universal waste handler; A destination facility; or A destination outside of the United States. If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of Regulation .22 of this chapter while transporting the universal waste. If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171—180, a small quantity handler of universal waste shall package, label, mark, and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. Department of Transportation regulations under 49 CFR 172—180. Before sending a shipment of universal waste to another universal waste handler, the originating handler shall verify that the receiving handler agrees to receive the shipment. If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either: Receive the waste back when notified that the shipment has been rejected; or Agree with the receiving handler on a destination facility to which the shipment will be sent. Rejecting Shipments of Universal Waste. A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that the handler has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. A small quantity handler of universal waste who rejects a shipment of universal waste shall: Send the shipment back to the originating handler; or If agreed to by both the originating and receiving handler, send the shipment to a destination facility. If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, and the handler does not have a permit to accept that hazardous waste, the handler shall immediately: Notify the Department of the illegal shipment; Provide the Department with the name, address, and phone number of the originating shipper; and Obtain instructions for managing the hazardous waste from the Department and manage the waste in accordance with those instructions. If a small quantity handler of universal waste receives a shipment of nonhazardous, nonuniversal waste, the handler may manage the waste in any way that is in compliance with applicable federal, State, and local solid waste regulations. Tracking Universal Waste Shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste. Exports. A small quantity handler of universal waste that sends universal waste to a foreign destination is subject to the requirements of 40 CFR Part 262, Subpart H. Applicability. This regulation and Regulations .20 and .21 of this chapter apply to large quantity handlers of universal waste as defined in COMAR 26.13.01.03B. A universal waste handler retains the classification of a large quantity handler of universal waste at least until the end of the calendar year in which the handler was classified as a large quantity handler, even if the amount of universal waste that the handler has accumulated becomes less than 5,000 kilograms. If a handler does not have an accumulation of 5,000 kilograms or more of universal waste on January 1 of a given year, the handler may elect to be regulated as a small quantity handler of universal waste under Regulations .11—.18 of this chapter until the handler accumulates 5,000 kilograms or more of universal waste for the first time in that calendar year. Prohibitions. A large quantity handler of universal waste may not: Dispose of universal waste, unless the handler does so under authority of a hazardous waste disposal facility permit; or Dilute or treat universal waste, except: In responding to releases as provided in Regulation .21D of this chapter; As provided in Regulation .20 of this chapter; or In accordance with a hazardous waste treatment facility permit. Notification. Except as provided in §C(2) of this regulation, a large quantity handler of universal waste, before accumulating 5,000 kilograms of universal waste for the first time, shall: Send to the Secretary a written notification that includes the following information: The universal waste handler's name and mailing address; The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities; The address or location of the universal waste management activities; A list of all the types of universal waste managed by the handler, such as “batteries, pesticides, mercury-containing equipment, aerosol cans, and lamps”; and A statement indicating that the handler is accumulating more than 5,000 kilograms of universal waste at one time; and Obtain an EPA identification number from the Department. A large quantity handler of universal waste who has already notified EPA or the Department of the handler's hazardous waste management activities and who has received an EPA identification number is considered to have satisfied the requirements of §C(1) of this regulation. Universal Waste Batteries. A large quantity handler of universal waste shall manage universal waste batteries in accordance with the requirements established for small quantity handlers in Regulation .12 of this chapter. Universal Waste Pesticides. A large quantity handler of universal waste shall manage universal waste pesticides in accordance with the requirements established for small quantity handlers in Regulation .13 of this chapter. Universal Waste Mercury-Containing Equipment. A large quantity handler of universal waste shall manage universal waste mercury-containing equipment in accordance with the requirements established for small quantity handlers in Regulation .14 of this chapter. Universal Waste Lamps. A large quantity handler of universal waste shall manage universal waste lamps in accordance with the requirements established for small quantity handlers in Regulation .15 of this chapter. Universal Waste PCB-Containing Lamp Ballasts. A large quantity handler of universal waste shall manage universal waste PCB-containing lamp ballasts in accordance with the requirements established for small quantity handlers in Regulation .16 of this chapter. Universal Waste Aerosol Cans. A large quantity handler of universal waste shall manage universal waste aerosol cans in accordance with the requirements established for small quantity handlers in Regulation .16-1 of this chapter. Labeling and Marking. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .17A of this chapter. Accumulation Time Limits. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .17B of this chapter. Employee Training. A large quantity handler of universal waste shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures pertinent to the employees' responsibilities during normal facility operations and emergencies. Response to Releases. In the event of a release of universal waste or the release of any residues from universal waste, a large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .17D of this chapter. Off-Site Shipments. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .18A of this chapter. Tracking Universal Waste Shipments. Receipt of Shipments. A large quantity handler of universal waste shall keep a record of each shipment of universal waste received at the facility. The record required by §F(1)(a) of this regulation may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document. The handler shall ensure that the record required by §F(1)(a) of this regulation includes the following information: The name and address of the originating universal waste handler or shipper from outside the United States from whom the universal waste was sent; The quantity of each type of universal waste received, for example, the quantities of batteries and thermostats received; and The date of receipt of the shipment of universal waste. Shipments Off-Site. A large quantity handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record required by §F(2)(a) of this regulation may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document. The handler shall ensure that the record required by §F(2)(a) of this regulation includes the following information: The name and address of the universal waste handler, destination facility, or destination outside the United States to which the universal waste was sent; The quantity of each type of universal waste, such as batteries and thermostats, sent; and The date the shipment of universal waste left the handler's facility. Record Retention. A large quantity handler of universal waste shall retain the records: Required by §F(1) of this regulation for a given shipment of universal waste for at least 3 years from the date of receipt of the shipment of universal waste; and Required by §F(2) of this regulation for a given shipment of universal waste for at least 3 years from the date the shipment of universal waste left the handler's facility. Exports. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .18C of this chapter. Applicability. This regulation applies to universal waste transporters as defined in COMAR 26.13.01.03B. Prohibitions. A universal waste transporter: May not dispose of universal waste; and Except as provided in §E of this regulation, may not dilute or treat universal waste. Waste Management. For any universal waste that meets the definition of hazardous material in 49 CFR §171.8, or that meets the criteria for one or more hazard classes specified in 49 CFR §173.2, a universal waste transporter shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR 171—180. Because shipments of universal waste are not required to be accompanied by a hazardous waste manifest: Universal waste is not considered hazardous waste for purposes of U.S. Department of Transportation regulations; and A person may not: Describe universal waste by the U.S. Department of Transportation proper shipping name “hazardous waste, (l) or (s), n.o.s.”; and Modify the hazardous material's proper shipping name by adding the word “waste”. Storage Time Limits. A universal waste transporter may not store a given item of universal waste at a universal waste transfer facility for more than 10 days. If a universal waste transporter stores a given item of universal waste for more than 10 days, the transporter: Becomes a universal waste handler; and Shall comply with the applicable requirements of Regulations .11—.21 of this chapter while storing the universal waste. Response to Releases. A universal waste transporter shall: Immediately contain all releases of universal wastes and other residues from universal wastes; and Determine whether any material resulting from a release associated with the management of universal waste is hazardous waste, and if it is, manage the hazardous waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10. Off-Site Shipments. A universal waste transporter may not transport the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination. If a universal waste being shipped off-site meets the U.S. Department of Transportation's definition of hazardous materials under 49 CFR §171.8, the transporter shall ensure that the shipment is properly described on a shipping paper in accordance with the applicable U.S. Department of Transportation regulations under 49 CFR 172. Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of 40 CFR Part 262, Subpart H. Applicability. The owner or operator of a destination facility as defined in COMAR 26.13.01.03B is subject to all applicable requirements of COMAR 26.13.05—26.13.10, and the notification requirement under §3010 of RCRA. The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled, shall comply with COMAR 26.13.02.06C(2). Off-Site Shipments. The owner or operator of a destination facility may not send or take universal waste to a place other than a universal waste handler, another destination facility, or a destination outside the United States. Rejection of Shipments. The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of a destination facility rejects a shipment or a portion of a shipment, the owner or operator shall: Contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load; and Either send the shipment back to the original shipper or, if agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility. If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, and the facility does not have a permit to accept that hazardous waste, the owner or operator of the destination facility shall: Immediately notify the Department of the illegal shipment; Provide, as part of the notification required by §B(3)(a) of this regulation, the name, address, and phone number of the shipper; and Obtain instructions for managing the hazardous waste from the Department and manage the waste in accordance with those instructions. If the owner or operator of a destination facility receives a shipment of nonhazardous, nonuniversal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal, State, and local solid waste regulations. Tracking Universal Waste Shipments. Receipt of Shipments. The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility. The record required by §C(1)(a) of this regulation may be a log, invoice, manifest, bill of lading, movement document, or other shipping document. The owner or operator of a destination facility shall ensure that the record required by §C(1)(a) of this regulation includes the following information: The name and address of the universal waste handler, destination facility, or shipper outside the United States from whom the universal waste was sent; The quantity of each type of universal waste, such as batteries and thermostats, received; and The date of receipt of the shipment of universal waste. Record Retention. The owner or operator of a destination facility shall retain the records required by §C(1) of this regulation for a given shipment of universal waste for at least 3 years from the date of receipt of the shipment of universal waste. Applicability. This regulation establishes requirements for persons managing universal waste that is imported from a country outside the United States into the United States. The requirements of this regulation apply immediately after the universal waste enters the United States. A person subject to this regulation is subject to the requirements of 40 CFR Part 262, Subpart H, and the applicable requirements of §B of this regulation. For the management of universal waste that is imported into the United States: A universal waste transporter is subject to the universal waste transporter requirements of Regulation .22 of this chapter; A universal waste handler is subject to the following requirements, depending upon whether the handler is classified as a small quantity handler of universal waste or a large quantity handler of universal waste: Small quantity handlers of universal waste are subject to the requirements of Regulations .11—.18 of this chapter; and Large quantity handlers of universal waste are subject to the requirements of Regulations .19—.21 of this chapter; and An owner or operator of a destination facility is subject to the requirements of Regulation .23 of this chapter. General Requirements. Except as provided in §C of this regulation, a person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Regulations .06—.25 of this chapter may petition for a regulatory amendment under this regulation and COMAR 26.13.01.04A and J. General requirements relating to these petitions are established in COMAR 26.13.01.04J. Evaluative Factors for Petitions to Include Other Wastes as Universal Wastes. In considering whether to grant or deny a petition to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Regulations .06—.25 of this chapter, the Secretary shall consider: The extent to which: The waste or category of waste, as generated by a large variety of generators, is listed as a hazardous waste in COMAR 26.13.02.15—.19; A proportion of the waste stream as generated by a large variety of generators, if not listed as a hazardous waste in COMAR 26.13.02.15.19, exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10.14; The waste or category of waste is: Not exclusive to a specific industry or group of industries; and Commonly generated by a wide variety of types of establishments, including, for example, households, retail and commercial businesses, office complexes, Maryland-defined small quantity generators, small businesses, government organizations, and large industrial facilities; The waste or category of waste is: Generated by a large number of generators; and Frequently generated in relatively small quantities by each generator; Systems to be used for collecting the waste or category of waste, including packaging, marking, and labeling practices, would ensure close stewardship of the waste; The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes; Specific management standards proposed or referenced by the petitioner, such as waste management requirements appropriate to be added to Regulations .12—.16 of this chapter, Regulation .20 of this chapter, Regulation .22C of this chapter, or applicable U.S. Department of Transportation requirements, would be protective of human health and the environment during accumulation and transport; Regulation of the waste or category of waste under Regulations .06—.24 of this chapter will increase the likelihood that the waste will be diverted from nonhazardous waste management systems, such as the municipal waste stream, nonhazardous industrial or commercial waste stream, municipal sewer or stormwater systems, to recycling, treatment, or disposal in compliance with Subtitle C of RCRA; and Regulation of the waste or category of waste under Regulations .06—.24 of this chapter will improve implementation of and compliance with the hazardous waste regulatory program; and Any factors in addition to those identified in §B(1) of this regulation that may be appropriate. Hazardous waste pharmaceuticals are regulated by Regulations .32—.49 of this chapter and may not be added to the universal waste regulations of Regulations .06—.25 of this chapter as a category of universal waste. Applicability. This regulation applies to fluorescent lamps that exhibit the toxicity characteristic of COMAR 26.13.02.14 and that are: Generated by small quantity generators, that is, persons that generate and accumulate hazardous waste in amounts less than those identified in COMAR 26.13.02.05A, C, and D(3); or Household waste, as defined in COMAR 26.13.02.04-1B. Disposition of Waste Fluorescent Lamps. A person that generates, in a calendar year, more than 200 kilograms of waste fluorescent lamps meeting the criteria of §A of this regulation shall assure that the waste lamps are delivered to a: Reclamation facility, as defined in §C of this regulation; or Destination facility, as defined in COMAR 26.13.01.03B. For the purposes of §B(1) of this regulation, waste fluorescent lamps include lamps that are to be disposed and lamps that are to be recycled. Unless otherwise provided under federal or State law: An owner or operator of an industrial or commercial property may assign the responsibility for ensuring compliance with the requirements of §B(1) of this regulation to a tenant who is otherwise responsible for maintaining the property through a written agreement with the tenant; and If a tenant is responsible for assuring compliance under §B(3)(a) of this regulation and fails to do so, the owner of the property is not liable for the failure to comply. Agency note: 200 kilograms represents, for example, approximately 720 4-foot T12 fluorescent lamps. For the purposes of this regulation, “reclamation facility” means a site: Where equipment is used to recapture mercury from mercury-added fluorescent lamps for the purpose of recycling or reusing the mercury; or That collects mercury containing components from mercury-added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury. Applicability. This regulation and Regulations .28—.31 of this chapter specify the: Circumstances under which military munitions become a solid waste; and Management standards that apply if a military munition is a hazardous waste under this regulation, Regulations .28—.31 of this chapter, or COMAR 26.13.02. Unless otherwise specified in this regulation or Regulations .28—.31 of this chapter, all applicable requirements in COMAR 26.13.01—26.13.07 and 26.13.10.01 —.04 apply to waste military munitions. Definition of Military Munitions as Solid Waste. A military munition is not a solid waste when: Used for its intended purpose, including: Use in training military personnel or explosives and munitions emergency response specialists, including training in proper destruction of unused propellant or other munitions; Use in research, development, testing, and evaluation of military munitions, weapons, or weapons systems; or Recovery, collection, and on-range destruction of conventional unexploded ordnance, munitions, and munitions fragments during range clearance activities at active or inactive ranges; or An unused munition, or component of it, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to material recovery activities, and none of these activities involve: Disposal as defined in COMAR 26.13.02.02C(1); or Burning for energy recovery as defined in COMAR 26.13.02.02C(2). For the purposes of §B(1)(a) of this regulation, “used for its intended purpose” does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use. An unused military munition is a solid waste when any of the following occurs: The munition is abandoned by being: Disposed of; Burned; Detonated, except during intended use as specified in §B(1) of this regulation; Incinerated; Treated; or Treated before disposal; The munition is removed from storage in a military magazine or other storage area for the purpose of being: Disposed of; Burned or incinerated; Treated; or Treated before disposal; The integrity of the munition is compromised by cracks, leaks, or other damage or the munition is otherwise deteriorated or damaged, to the point that the munition cannot be: Put into serviceable condition; or Reasonably recycled or used for other purposes; or The munition has been declared a solid waste by an authorized military official. A used or fired military munition is a solid waste: When transported off-range, or from the site of use where the site of use is not a range, for the purposes of: Disposal; Reclamation; Storage; Treatment; or Treatment before disposal; or If recovered, collected, and disposed of by burial or landfilling either on-range or off-range. Used or Fired Military Munitions Landing Off-Range. For the purposes of RCRA §1004(27), a used or fired military munition is a solid waste, and, therefore, if the munition lands off-range and is not promptly rendered safe, retrieved, or both, is potentially subject to: RCRA corrective action authorities under RCRA §§3004(u) and (v) and 3008(h) and analogous State authorities; or Imminent and substantial endangerment authorities under RCRA §7003, or analogous State authorities. A person who is responsible for causing a used or fired military munition to land off-range shall address any imminent and substantial threats associated with any remaining material from the munition. If remedial action to address threats associated with the landing of a used or fired military munition off-range is infeasible, the operator of the range shall: Maintain a record of the event for at least as long as any threat remains; and Include as part of the record of the event specific information on the type of munition and the location of the munition, to the extent the location is known. Scope and Applicability. This regulation: Applies to the transport of military munitions by: The military; and Commercial carriers who are under contract with the military and have signed a contractual compliance agreement with the Military Traffic Management Command or its successor; and Does not apply to the transport of waste military munitions by persons who are not required by the U.S. Department of Defense (DOD) to comply with DOD military munitions shipping controls. Criteria for Hazardous Waste Regulation of Waste Nonchemical Military Munitions in Transportation. Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as a hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous waste and are subject to COMAR 26.13.01—26.13.07 and 26.13.10.01—.04, unless all the following conditions are met: The waste military munitions are not chemical agents or chemical munitions; The waste military munitions are: Required by the U.S. Department of Defense (DOD) to be transported in accordance with DOD shipping controls applicable to the transport of military munitions; and Transported in accordance with DOD shipping controls identified in §D of this regulation; The waste military munitions are transported from an installation owned or operated by the military to a treatment, storage, disposal, or recycling facility owned or operated by the military; The transporter of the waste military munitions provides oral notice to the Secretary within 24 hours from the time the transporter becomes aware of: Any loss or theft of the waste military munitions; or Any failure to meet a requirement of §B(1) of this regulation that may endanger human health or the environment; and The transporter of the waste military munitions provides a written submission to the Secretary: Within 5 days from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a requirement of §B(1) of this regulation; and Describing the circumstances associated with the events identified in §B(1)(e)(i) of this regulation. If any waste military munitions shipped under §B(1) of this regulation are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility shall report this nonreceipt to the Secretary within 5 days. The exemption in §B(1) of this regulation from regulation as hazardous waste: Applies only to the transportation of nonchemical waste military munitions; and Does not affect the regulatory status of waste military munitions as hazardous waste with regard to storage, treatment, or disposal. The conditional exemption in §B(1) of this regulation applies only as long as all the conditions in §B(1) of this regulation are met. Reinstatement of Exemption. If any waste military munition loses its exemption under §B(1) of this regulation, a person responsible for managing the munition may file an application with the Secretary for reinstatement of the exemption from hazardous waste transport regulation with respect to the waste military munition as soon as the waste military munition is returned to compliance with the conditions of §B(1) of this regulation. If the Secretary finds that reinstatement of the exemption is appropriate based on factors such as the transporter's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the Secretary may reinstate the exemption under §B(1) of this regulation. If the Secretary does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be considered to have been granted, retroactive to the date of the application. The Secretary may terminate a reinstatement of a conditional exemption that occurred by default under §C(3) of this regulation, if the Secretary finds that reinstatement is inappropriate based on factors such as the transporter's failure to provide a satisfactory explanation of the circumstances of the violation or a failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under §B(1) of this regulation, the Secretary may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment. Department of Defense Shipping Controls—Definition and Amendments. The Department of Defense shipping controls referred to in §B(1)(b) of this regulation are the following, as constituted on November 8, 1995, except as provided in §D(2) of this regulation: For military transporters: DD Form 626, “Motor Vehicle Inspection (Transporting Hazardous Materials)”; DD Form 836, “Dangerous Goods Shipping Papers/Declaration and Emergency Response Information for Hazardous Materials Transported by Government Vehicles”; DD Form 1348-1A, “Issue Release/Receipt Document”; and DD Form 1907, “Signature and Tally Record”; and For commercial carriers who are under contract with the military and have signed a contractual compliance agreement with the Military Traffic Management Command or its successor: GSA Form 1103, “U.S. Government Bill of Lading”; DD Form 626, “Motor Vehicle Inspection (Transporting Hazardous Materials)”; and DD Form 1907, “Signature and Tally Record”. For the purposes of §B(1)(b) of this regulation, a person shall adhere to the Department of Defense shipping controls identified in §D(1) of this regulation as amended by the Department of Defense, with the effective date of an amendment being the date the Department of Defense publishes notice in the Federal Register that the shipping control has been amended. The following requirements are applicable to explosives and munitions emergencies involving military munitions or explosives: COMAR 26.13.03.01J, 26.13.04.01A(4), 26.13.05.01A(3)(h) and D(5)—(6), 26.13.06.01A(4)(h) and (5), and 26.13.07.01A. If not exempted under the regulations cited in §A of this regulation, explosives and munitions emergencies involving military munitions or explosives may be subject to COMAR 26.13.07.14, which concerns emergency permits. Criteria for Hazardous Waste Regulation of Waste Nonchemical Military Munitions in Storage. A waste military munition in storage that exhibits a characteristic of hazardous waste or is listed as hazardous waste under COMAR 26.13.02 is listed or identified as a hazardous waste and is subject to COMAR 26.13.01—26.13.10, unless all the following conditions are met: The waste military munition is not a chemical agent or chemical munition; The waste military munition is subject to the jurisdiction of the Department of Defense Explosives Safety Board (DDESB) or its successor agency; The waste military munition is stored in accordance with DDESB storage standards applicable to waste military munitions, as identified in §E of this regulation; The owner of the munition assures that access to the stored waste military munitions is limited to appropriately trained and authorized personnel; and The owner or operator of the storage unit in which the waste military munition is being managed: Notifies the Secretary, in writing, of the location of the waste storage unit by January 26, 2009, or within 90 days of when the storage unit is first used to store waste military munitions, whichever is later; Provides oral notice to the Secretary within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of §A(1) of this regulation that may endanger human health or the environment; Provides a written submission to the Secretary within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of §A(1) of this regulation, describing the circumstances of the incident; Conducts an inventory of the waste military munitions at least once each calendar year, with no more than 365 days elapsing between inventory dates; Inspects the waste military munitions at least once per quarter for compliance with the conditions of §A(1) of this regulation; and Maintains records of the findings of the inventories and inspections required by §A(1)(e)(iv) and (v) of this regulation for at least 3 years. The conditional exemption in §A(1) of this regulation from regulation as hazardous waste: Applies only to the storage of nonchemical waste military munitions; and Does not affect the regulatory status of waste military munitions as hazardous waste with regard to transportation, treatment, or disposal. The conditional exemption in §A(1) of this regulation applies only as long as all of the conditions in §A(1) of this regulation are met. Notice of Termination of Waste Storage. The owner or operator shall notify the Secretary in writing when a storage unit identified in §A(1)(e)(i) of this regulation will no longer be used to store waste military munitions. Reinstatement of Conditional Exemption. If any waste military munition loses its conditional exemption from hazardous waste storage regulations under §A(1) of this regulation, the owner or operator of the unit in which the waste is being stored may file an application with the Secretary for reinstatement of the conditional exemption. The owner or operator may file the application for reinstatement of the conditional exemption under §C(1) of this regulation as soon as the waste military munition is returned to compliance with the conditions of §A(1) of this regulation. If the Secretary finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner's or operator's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the Secretary may reinstate the conditional exemption under §A(1) of this regulation. If the Secretary does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement is considered to have been granted, retroactive to the date of the application. The Secretary may terminate the reinstatement of a conditional exemption that occurred by default under §C(4) of this regulation, if the Secretary finds that reinstatement is inappropriate based on factors such as the owner's or operator's failure to provide a satisfactory explanation of the circumstances of the violation or a failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under §A(1) of this regulation, the Secretary may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment. Waste Chemical Munitions. Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous waste and are subject to the applicable regulatory requirements of COMAR 26.13. Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as a hazardous waste under COMAR 26.13.02 are not subject to the storage prohibition in RCRA §3004(j), codified at 40 CFR §268.50. Department of Defense Explosive Safety Board (DDESB) Standards—Applicability and Amendments. The DDESB storage standards applicable to waste military munitions referenced in §A(1)(c) of this regulation are DOD 6055.9-STD, “DOD Ammunition and Explosives Safety Standards” as adopted by the DDESB effective October 5, 2004, except as provided in §E(2) of this regulation. For the purposes of §A(1)(c) of this regulation, “DDESB storage standards applicable to waste military munitions” become an amended version of the standards referenced in §E(1) of this regulation on the date the Department of Defense publishes notice in the Federal Register that the DDESB standard has been amended. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in COMAR 26.13.01— 26.13.10. Scope. This regulation and Regulations .33—.49 of this chapter: Establish requirements for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors; and Identify certain pharmaceuticals that are excluded from regulation under COMAR 26.13.01—.10. Defined Terms. The following terms used in this regulation and Regulations .33—.49 of this chapter have the meaning stated in COMAR 26.13.01.03B: “Evaluated hazardous waste pharmaceutical”; “Hazardous waste pharmaceutical”; “Healthcare facility”; “Household waste pharmaceutical”; “Long-term care facility”; “Non-creditable hazardous waste pharmaceutical”; “Non-hazardous waste pharmaceutical”; “Non-pharmaceutical hazardous waste”; “Pharmaceutical”; “Potentially creditable hazardous waste pharmaceutical”; and “Reverse distributor”. Excluded Materials and Wastes. Except as specified in this section, the following pharmaceuticals are not subject to regulation under COMAR 26.13.01—26.13.10: A pharmaceutical that is not a solid waste, as defined in COMAR 26.13.02.02, because the pharmaceutical is to be: Reclaimed; or Legitimately used or legitimately reused, such as by being lawfully donated for use for the pharmaceutical’s intended purpose; An over-the-counter pharmaceutical, a dietary supplement, or a homeopathic drug that is not a solid waste, as defined in COMAR 26.13.02.02, because: The material is going to be reclaimed; or There is a reasonable expectation that the material will be legitimately used or legitimately reused, such as by being lawfully redistributed for use for its intended purpose; A pharmaceutical that is being managed in accordance with a recall strategy that has been approved by the U.S. Food and Drug Administration (FDA) in accordance with 21 CFR Part 7, Subpart C, except that this regulation and Regulations .33—.49 of this chapter apply to the management of the recalled hazardous waste pharmaceutical after the FDA approves the destruction of the recalled pharmaceutical; A pharmaceutical that is being managed in accordance with a recall corrective action plan that has been accepted by the U.S. Consumer Product Safety Commission (CPSC) in accordance with 16 CFR Part 1115, except that this regulation and Regulations .33—.49 of this chapter apply to the management of the recalled hazardous waste pharmaceutical after the CPSC approves the destruction of the recalled pharmaceutical; A pharmaceutical that is being stored during an investigation, during a judicial proceeding, or according to a preservation order until either: The investigation, judicial proceeding, or preservation order has concluded, and a decision is made to discard the pharmaceutical; or A decision is made to discard the pharmaceutical before the investigation, judicial proceeding, or preservation order has concluded; An investigational new drug for which an investigational new drug application is in effect in accordance with the FDA’s regulations in 21 CFR Part 312, except that this regulation and Regulations .33—.49 of this chapter apply to the management of the drug if: The drug, if discarded, would meet the definition of hazardous waste; and A decision has been made to discard the investigational new drug, or the FDA has approved the destruction of the investigational new drug; and A household waste pharmaceutical, including a household waste pharmaceutical that has been collected by an authorized collector as defined by the U.S. Drug Enforcement Administration if the authorized collector complies with the conditional exemption in Regulations .34A(2) and B of this chapter. The residue of a hazardous waste pharmaceutical that remains in a stock container, dispensing container, unit dose container, syringe, or intravenous bag that is empty according to the criteria in Regulation .35 of this chapter is not regulated as hazardous waste. Excluded Facilities. A healthcare facility that is a very small quantity generator under federal regulations, as described in COMAR 26.13.03.01-1B, when counting all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste: Is subject to: Regulation .33 of this chapter, which prohibits the discharge of hazardous waste pharmaceuticals to sewer systems that discharge to publicly owned treatment works; and Regulation .35 of this chapter, which concerns residues of hazardous waste pharmaceuticals in empty containers; Has the option of complying with the requirements of §E(3) of this regulation for the management of the facility’s hazardous waste pharmaceuticals, as an alternative to managing the hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05 and the optional provisions of Regulation .36 of this chapter; Unless the facility voluntarily elects to manage hazardous waste pharmaceuticals in accordance with the regulations specified in §E(3) of this regulation: Shall manage the hazardous waste pharmaceuticals it generates in accordance with COMAR 26.13.02.05; May comply with the optional provisions of Regulation .36 of this chapter; and Is not subject to the requirements of §E(3) of this regulation; and Shall manage the non-pharmaceutical hazardous waste it generates in accordance with: COMAR 26.13.03 if the amount of non-pharmaceutical hazardous waste accumulated by the facility prevents the facility from being classified as a Maryland-defined small quantity generator, as specified in COMAR 26.13.03.01A-3(1); or COMAR 26.13.02.05 if the amount of non-pharmaceutical hazardous waste accumulated by the facility allows the facility to be classified as a Maryland-defined small quantity generator. A long-term care facility with 20 beds or fewer: Is presumed to be a very small quantity generator under federal regulations with respect to all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, unless the Department is able to demonstrate otherwise; and Shall comply with §D(1) of this regulation unless the Department demonstrates that the facility does not qualify as a very small quantity generator under federal regulations, taking into account both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, in which case the facility shall comply with the requirements of §§E(3) and E(4) of this regulation. Applicability — Healthcare Facilities and Management of Hazardous Waste Pharmaceuticals. Based on the criteria specified in COMAR 26.13.03.01-1B, a healthcare facility is subject to the requirements specified in §E(3) of this regulation if, in a calendar month: The facility: Meets the criteria to be classified as a federally-defined large quantity generator or a federally-defined small quantity generator based on the amount of non-pharmaceutical hazardous waste generated in a calendar month; and Generates any quantity of hazardous waste pharmaceuticals; The facility: Meets the criteria to be classified as a very small quantity generator under federal regulations, counting only the non-pharmaceutical hazardous waste generated by the facility; and Generates a quantity of hazardous waste pharmaceuticals that exceeds the criteria to be classified as a very small quantity generator under federal regulations, taking into account only the hazardous waste pharmaceuticals generated by the facility; or The total amount of hazardous waste that the facility generates, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, exceeds the criteria to be classified as a very small quantity generator under federal regulations. §F of this regulation provides a summary, in a tabular format, of the criteria specified in §E(1) of this regulation. A healthcare facility identified in §E(1) of this regulation is subject to the following instead of COMAR 26.13.02—26.13.06 in managing hazardous waste pharmaceuticals: Regulations .33—.35, .37—.45, and .47 of this chapter with respect to the management of: Non-creditable hazardous waste pharmaceuticals; and Potentially creditable hazardous waste pharmaceuticals if they are not destined for a reverse distributor; and Regulations .33—.35, .37, .38, .46, and .48 of this chapter with respect to the management of potentially creditable hazardous waste pharmaceuticals that are prescription pharmaceuticals and are destined for a reverse distributor. A healthcare facility shall manage its non-pharmaceutical hazardous waste in accordance with all applicable requirements of COMAR 26.13.01—26.13.10 based on whether the facility is a fully regulated generator or a Maryland-defined small quantity generator, as defined in COMAR 26.13.01.03B, taking into account the total amount of hazardous waste generated and accumulated, including both pharmaceutical hazardous waste and non-pharmaceutical hazardous waste. Summary Table — Applicability to Healthcare Facilities. Table 1 of §F(3) of this regulation: Summarizes, for most generators, the criteria on the amount of hazardous waste generated in a calendar month that determine whether a healthcare facility is subject to the requirements specified in §E(3) of this regulation; and Identifies the federal hazardous waste generator category that applies to the facility. If a healthcare facility also generates any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in COMAR 26.13.02.16 or COMAR 26.13.02.19E, the facility shall also consider that waste in determining the facility’s federal generator category for the purposes of §E(1) of this regulation, based on the criteria in COMAR 26.13.03.01-1B. Table 1. Agency Note: In Table 1 of §F(3) of this regulation, “<” means less than; “≤” means less than or equal, “>” means greater than, and “≥” means greater than or equal. Applicability — Reverse Distributors. A reverse distributor: Is subject to Regulations .33—.35 and .47—.49 of this chapter instead of COMAR 26.13.03—26.13.06 with respect to the management of hazardous waste pharmaceuticals; and Shall manage its non-pharmaceutical hazardous waste in accordance with all applicable requirements of COMAR 26.13.01—26.13.10. Applicability — Other Entities. An entity other than a healthcare facility or a reverse distributor that generates or manages a hazardous waste pharmaceutical, such as a pharmaceutical manufacturer or a reverse logistics center: Is not subject to Regulations .33—.49 of this chapter; and Shall manage the hazardous waste pharmaceutical in accordance with the applicable requirements of COMAR 26.13.03. This regulation applies to: A healthcare facility that meets any of the following criteria: The facility is managing hazardous waste pharmaceuticals under the provisions of COMAR 26.13.02.05, as provided in Regulation .32D(1)(c)(i) of this chapter; The facility is voluntarily complying with the requirements of Regulations .37—.48 of this chapter, in accordance with Regulation .37A(2) of this chapter; or The facility is subject to Regulations .37—.48 of this chapter; and A reverse distributor. A facility identified in §A of this regulation may not discharge a hazardous waste pharmaceutical to a sewer system that passes through to a publicly owned treatment works (POTW). Healthcare facilities and reverse distributors remain subject to the prohibitions in 40 CFR §403.5(b), which prohibits introduction of specified pollutants into a POTW. If the conditions of §B of this regulation are met, the following are exempt from the requirements of COMAR 26.13.03—26.13.10: A hazardous waste pharmaceutical that is also listed on a schedule of controlled substances by the Drug Enforcement Administration in 21 CFR Part 1308; and A household waste pharmaceutical that is collected in a take-back event or program, including, but not limited to, a household waste pharmaceutical that is: Collected by an authorized collector, as defined by the Drug Enforcement Administration, who is registered with the Drug Enforcement Administration; and Commingled by the authorized collector with controlled substances from an ultimate user as defined by the Drug Enforcement Administration. Conditions for Exemption. The exemption of §A of this regulation applies if a waste pharmaceutical identified in §A of this regulation is: Managed in compliance with the sewer prohibition of Regulation .33 of this chapter; Collected, stored, transported, and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances; and Either: Destroyed by a method that the Drug Enforcement Administration has publicly deemed in writing to meet the Drug Enforcement Administration’s non-retrievable standard of destruction; or Combusted at one of the facilities identified in 40 CFR §266.506(b)(3)(i)—(v). This regulation establishes criteria under which a container that held a pharmaceutical is considered to be empty. A container that is empty according to the criteria in this regulation is not regulated as hazardous waste unless the materials of construction of the container itself cause the container to meet the definition of hazardous waste. Stock, Dispensing and Unit-dose Containers. Except as provided in §C(2) of this regulation, the following containers are considered empty, and any residues remaining in the containers are not regulated as hazardous waste if the pharmaceuticals have been removed from the container using the practices commonly employed to remove materials from that type of container: A stock bottle, dispensing bottle, vial, or ampule; and A unit-dose container, such as a unit-dose packet, cup, wrapper, blister pack, or delivery device. The criterion of §C(1) of this regulation does not apply to a stock bottle, dispensing bottle, vial, or ampule that exceeds 1 liter or has a capacity of more than 10,000 pills. Syringes. A syringe is considered empty and the residues are not regulated as hazardous waste if the contents of the syringe have been removed by fully depressing the plunger of the syringe. At a healthcare facility that is operating under Regulations .32—.47 of this chapter, if a syringe is not empty, the generator of the waste shall place the syringe with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of: As a noncreditable hazardous waste pharmaceutical under Regulations .33—.47 of this chapter; and Any applicable federal, state, and local requirements for sharps containers and medical waste. Intravenous (IV) Bags. An IV bag is considered empty and the residues are not regulated as hazardous waste if: The pharmaceuticals in the IV bag have been fully administered to a patient; or The IV bag: Held non-acute hazardous waste pharmaceuticals; and Is empty as defined in COMAR 26.13.02.07B(1). At a healthcare facility that is operating under Regulations .32—.47 of this chapter, if an IV bag that is going to be discarded is not empty as specified in §E(1) of this regulation, the generator shall place the IV bag with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a noncreditable hazardous waste pharmaceutical under Regulations .33 — .47 of this chapter. Other Containers, Including Delivery Devices. This section applies to any type of container, including a delivery device, that: Is not identified in §§C—E of this regulation; Held or contains a pharmaceutical that would be regulated as hazardous waste if discarded; and Is unused, partially administered or fully administered. Examples of containers subject to this section include inhalers, aerosol cans, nebulizers, and tubes of ointments, gels, or creams. Except as specified in §F(4) of this regulation, at a healthcare facility that is operating under Regulations .32—.47 of this chapter, the generator of a container identified in §F(1) of this regulation that is going to be discarded shall manage the container as a non-creditable hazardous waste pharmaceutical under Regulations .33—.47 of this chapter. §F(3) of this regulation does not apply if the container that is going to be discarded: Held non-acute hazardous waste pharmaceuticals; and Is empty as defined in COMAR 26.13.02.07B(1) or B(2). Applicability. This regulation applies to a healthcare facility that: Is a very small quantity generator under federal regulations, as described in COMAR 26.13.03.01-1B, when counting all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste; and Has not voluntarily elected to manage hazardous waste pharmaceuticals in accordance with the requirements of Regulations .37—.48 of this chapter, as provided in Regulation .37A(2) of this chapter. The provisions of §B—D of this regulation may be used by a healthcare facility that meets the criteria of §A(1)(b) of this regulation. A healthcare facility identified in §A of this regulation may send the healthcare facility’s potentially creditable pharmaceuticals to a reverse distributor. Off-site Consolidation of Hazardous Waste Pharmaceuticals. A healthcare facility identified in §A of this regulation may send a hazardous waste pharmaceutical it generates to an off-site location of another generator if: The receiving site is a healthcare facility that is: Located in Maryland and meets the conditions in: Regulation .45 of this chapter, if a noncreditable hazardous waste pharmaceutical is being shipped; and Regulation .46B of this chapter, if a potentially creditable hazardous waste pharmaceutical is being shipped; or Not located in Maryland and meets requirements that correspond to the requirements of §C(1)(a) of this regulation that are applicable in the state in which the receiving facility is located; or The healthcare facility proposes to send the hazardous waste pharmaceutical off-site to a hazardous waste generator, and: The healthcare facility meets the conditions in COMAR 26.13.02.05D(2)(h); and The receiving hazardous waste generator meets the conditions in: COMAR 26.13.03.03-11 if the generator is located in Maryland; or 40 CFR §262.17(f) or the corresponding requirements of the state in which the off-site generator is located if the generator is not located in Maryland. Long-term Care Facilities. Except as provided in §D(2) of this regulation, a long-term care facility that meets the conditions in §A of this regulation may dispose of a hazardous waste pharmaceutical in an on-site collection receptacle of an authorized collector, as defined by the Drug Enforcement Administration, that is registered with the Drug Enforcement Administration if the contents of the receptacle are collected, stored, transported, destroyed, and disposed of in compliance with all Drug Enforcement Administration regulations for controlled substances. §D(1) of this regulation does not apply to contaminated personal protective equipment or clean-up materials. This regulation and Regulations .38—.48 of this chapter apply to a healthcare facility that: Meets the criteria specified in Regulation .32E(1) of this chapter or is identified in Regulation .32E(2) of this chapter as being subject to these requirements; or Is identified in Regulation .32D(1) of this chapter and has voluntarily elected to comply with this regulation and Regulations .38—.48 of this chapter, as provided in Regulation .32D(1)(b) of this chapter. A healthcare facility identified in §A of this regulation shall: Manage the following in accordance with the provisions of Regulations .38—.45, and .47 of this chapter: Non-creditable hazardous waste pharmaceuticals; and Potentially creditable hazardous waste pharmaceuticals that are not destined for a reverse distributor; and Manage potentially creditable hazardous waste pharmaceuticals that are destined for a reverse distributor in accordance with the provisions of Regulations .38, .46 and .48 of this chapter. This regulation establishes requirements for a facility identified in Regulation .37A of this chapter to notify the Department that the facility: Is operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals; and Will no longer be operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals. Notification of Operation. A healthcare facility shall notify the Department that the healthcare facility is operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals by: Submitting an initial or revised Site Identification Form (EPA Form 8700-12) to the Department; and Completing the questions on “Pharmaceutical Activities” in the “Additional Regulated Waste Activities” section of the Site Identification Form, checking the “yes” box on the form to indicate that the facility is operating under 40 CFR Part 266, Subpart P for the management of hazardous waste pharmaceuticals. A healthcare facility submitting a notification under this section is not required to list waste codes for the facility’s hazardous waste pharmaceuticals in Box 10B of the Site Identification Form, but shall list waste codes in Box 10B for non-pharmaceutical hazardous wastes that are generated or managed at the facility. A person that is the owner or operator of multiple sites or locations that are operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals shall submit a separate notification for each site or existing EPA identification number, except that a single notification is required for a location with multiple sites that are considered to be on the site of a single facility. Deadlines for the Notification Required by §B(1) of this Regulation. A healthcare facility that already has an EPA identification number shall make the notification: As part of the healthcare facility’s next biennial report of hazardous waste activity, if the healthcare facility’s generator status under federal regulations is “large quantity generator”, or if federal regulations otherwise require the healthcare facility to submit a biennial report of hazardous waste activity; or If the healthcare facility does not meet the criteria of §B(4)(a)(i) of this regulation, within 60 days after the effective date of §B of this regulation, or within 60 days after the date the healthcare facility becomes subject to the standards of this chapter relating to the management of hazardous waste pharmaceuticals, whichever is later. A healthcare facility that does not have an EPA identification number shall make the notification within 60 days after the effective date of §B of this regulation, or within 60 days after the date the healthcare facility becomes subject to the standards of this chapter relating to the management of hazardous waste pharmaceuticals, whichever is later. A healthcare facility shall keep a copy of its notification on file for as long as the healthcare facility is operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals. Notification of Withdrawal. Applicability. This section applies to a healthcare facility that: Either: Had been required to manage hazardous waste pharmaceuticals in accordance with the regulations identified in Regulation .32E(3) of this chapter, but is no longer required to do so because the facility is now classified as a very small quantity generator under federal regulations, as described in COMAR 26.13.03.01-1B, when counting all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste; and Will not be voluntarily complying with the requirements of Regulation .32E(3) of this chapter for the management of the facility’s hazardous waste pharmaceuticals, as an alternative to managing the hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05 and the optional provisions of Regulation .36 of this chapter; or Had voluntarily elected to comply with the requirements of Regulation .32E(3) of this chapter for the management of the facility’s hazardous waste pharmaceuticals, but no longer will be doing so, and will instead be managing the hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05 and the optional provisions of Regulation .36 of this chapter. A healthcare facility identified in §C(1) of this regulation shall: Before beginning to manage hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05, notify the Department that the healthcare facility will no longer be operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals; Make the notification required by §C(2)a) of this regulation by: Submitting a Site Identification Form (EPA Form 8700-12) to the Department; and Completing the questions on “Pharmaceutical Activities” in the “Additional Regulated Waste Activities” section of the Site Identification Form, as directed in the instructions for the form; and Keep a copy of its withdrawal notification on file for at least 3 years from the date of signature on the notification of withdrawal. A healthcare facility submitting a notification under this section is not required to list waste codes for the facility’s hazardous waste pharmaceuticals in Box 10B of the Site Identification Form. A person that is the owner or operator of multiple sites or locations that are required to submit notification under this section shall submit a separate notification of withdrawal for each affected site or existing EPA identification number, except that a single notification is required for a location with multiple sites that are considered to be on the site of a single facility. Training. The owner or operator of a healthcare facility managing non-creditable hazardous waste pharmaceuticals shall ensure that all personnel that manage non-creditable hazardous waste pharmaceuticals are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. Hazardous Waste Determination. A healthcare facility that generates a solid waste that is a non-creditable pharmaceutical shall determine whether that pharmaceutical is a hazardous waste pharmaceutical by determining whether the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, and whether the waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14. In determining whether a solid waste is a hazardous waste, a healthcare facility shall follow the procedures in COMAR 26.13.03.02-1. A healthcare facility shall use the hazardous waste determination conducted in accordance with this section to determine the applicability of Regulations .32—.48 of this chapter to the waste, except that the healthcare facility may choose to manage its non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals under Regulations .32—.48 of this chapter. Land Disposal Restrictions. A healthcare facility: Shall ensure that the non-creditable hazardous waste pharmaceuticals generated by the facility are managed in accordance with the land disposal restrictions of 40 CFR Part 268, as incorporated by reference at COMAR 26.13.09.03A; and Response to Spills. A healthcare facility shall: Immediately contain a spill of a non-creditable hazardous waste pharmaceutical; and Manage spill cleanup materials as non-creditable hazardous waste pharmaceuticals in accordance with Regulations .32—.48 of this chapter. A healthcare facility may not place a non-creditable hazardous waste pharmaceutical in a container unless the container: Is structurally sound; Is compatible with the contents of the container; and Lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. A healthcare facility that manages ignitable or reactive non-creditable hazardous waste pharmaceuticals in a container, or that mixes or commingles incompatible non-creditable hazardous waste pharmaceuticals in a container shall manage the container so that the container does not have the potential to: Generate: Extreme heat or pressure; A fire or an explosion; or A violent reaction; Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health; Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion; Damage the structural integrity of the container; or Threaten human health or the environment through means other than those identified in §B(1)—(4) of this regulation. A healthcare facility shall keep each container of non-creditable hazardous waste pharmaceuticals closed and secured in a manner that prevents unauthorized access to the contents of the container. Commingling Non-creditable Hazardous Waste Pharmaceuticals with Non-hazardous Non-creditable Waste Pharmaceuticals. Except as provided in §D(2) of this regulation, a healthcare facility may accumulate non-creditable hazardous waste pharmaceuticals and non-hazardous non-creditable waste pharmaceuticals in the same container. A healthcare facility may not accumulate the following non-creditable hazardous waste pharmaceuticals in the same container with non-hazardous non-creditable waste pharmaceuticals: Non-creditable hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of 40 CFR §268.3(c), namely, metal bearing waste codes listed in Appendix XI of 40 CFR Part 268 that meet none of the criteria in 40 CFR §268.3(c)(1)—(6); and Non-creditable hazardous waste pharmaceuticals that are prohibited from being lab packed by 40 CFR §268.42(c), namely, wastes having waste codes listed in Appendix IV of 40 CFR Part 268. A healthcare facility shall label a container that contains a non-creditable hazardous waste pharmaceutical identified in §D(2) of this regulation with all applicable EPA hazardous waste numbers, which are also referred to as hazardous waste codes. Container Labeling. A healthcare facility shall label or clearly mark each container of non-creditable hazardous waste pharmaceuticals with the phrase “Hazardous Waste Pharmaceuticals”. A healthcare facility may accumulate a non-creditable hazardous waste pharmaceutical on site for 1 year or less without having to either: Obtain a CHS permit issued under COMAR 26.13.07 that authorizes storage of the pharmaceutical; or Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the waste management unit in which the pharmaceutical is being managed. A healthcare facility that accumulates a non-creditable hazardous waste pharmaceutical on site shall demonstrate the length of time that the non-creditable hazardous waste pharmaceutical has been accumulating, starting from the date that the pharmaceutical first became a waste, as specified in §C of this regulation. A healthcare facility shall demonstrate the length of time that a non-creditable hazardous waste pharmaceutical has been accumulating by one or more of the following methods: Marking or labeling the container of the non-creditable hazardous waste pharmaceutical with the date that the non-creditable hazardous waste pharmaceutical became a waste; Maintaining an inventory system that identifies the date that the non-creditable hazardous waste pharmaceutical item being accumulated became a waste; or Placing the non-creditable hazardous waste pharmaceutical in a specific area in which non-creditable hazardous waste pharmaceuticals are accumulated, identifying the earliest date that any of the non-creditable hazardous waste pharmaceuticals in the area became a waste, and having that information readily available during a compliance inspection, by, for example, marking or labeling the accumulation area with the accumulation start-date, or by entering the current earliest accumulation start-date in a log book or facility operating record. Applicability. This regulation applies to a healthcare facility that sends a shipment of non-creditable hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of: COMAR 26.13.05.05C or COMAR 26.13.06.05, as applicable, if the designated facility is located in Maryland; or 40 CFR §264.72 or 40 CFR §265.72, as applicable, or equivalent state requirements, if the designated facility is not located in Maryland. A healthcare facility identified in §A of this regulation may accumulate a rejected non-creditable hazardous waste pharmaceutical on site for up to an additional 90 days if the healthcare facility manages the rejected shipment in accordance with Regulation .40 of this chapter. Upon receipt of a rejected shipment of a non-creditable hazardous waste pharmaceutical, a healthcare facility shall: Sign either: Item 18c of the original manifest, if the original manifest was used for the returned shipment; or Item 20 of the new manifest, if a new manifest was used for the returned shipment; Provide the transporter with a copy of the manifest; Within 30 days of receipt of the rejected shipment, send a copy of the manifest to the designated facility that returned the shipment to the healthcare facility; and Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment in accordance with the shipping standards of Regulation .47A—E of this chapter. Biennial Reporting. Healthcare facilities are not subject to biennial reporting requirements under COMAR 26.13.03.06B with respect to non-creditable hazardous waste pharmaceuticals managed under Regulations .32—.49 of this chapter. Exception Reporting for a Missing Copy of the Manifest. For a shipment of a non-creditable hazardous waste pharmaceutical from a healthcare facility to a designated facility, if the healthcare facility does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date that the initial transporter accepted the non-creditable hazardous waste pharmaceutical, the healthcare facility shall submit the following to the unit in the Department responsible for oversight of the State’s hazardous waste management program: A legible copy of the original manifest for which the healthcare facility has not received confirmation of delivery to the designated facility; and A handwritten or typed note on the copy of the manifest itself, or on an attached sheet of paper, that: States that the return copy of the manifest was not received; Explains the efforts taken to locate the non-creditable hazardous waste pharmaceuticals; and Presents the results of the efforts taken to locate the non-creditable hazardous waste pharmaceuticals. For a shipment of a non-creditable hazardous waste pharmaceutical from a healthcare facility that was rejected by the designated facility and shipped to an alternate facility using appropriate manifest procedures, if the healthcare facility has not received, within 60 days of the date the rejected shipment was accepted by the initial transporter forwarding the shipment from the originally designated facility to the alternate facility, a copy of the manifest with the signature of the owner or operator of the alternate facility, the healthcare facility shall submit the following to the unit in the Department responsible for oversight of the State’s hazardous waste management program: A legible copy of the original manifest for which the healthcare facility has not received confirmation of delivery to the designated facility; and A handwritten or typed note on the copy of the manifest itself, or on an attached sheet of paper, that: States that the return copy of the manifest was not received; Explains the efforts taken to locate the non-creditable hazardous waste pharmaceuticals; and Presents the results of the efforts taken to locate the non-creditable hazardous waste pharmaceuticals. Additional Reports. The Department may require healthcare facilities to furnish additional reports concerning the quantities and disposition of non-creditable hazardous waste pharmaceuticals. Manifests and Exception Reports. Unless a specified period of retention is extended in accordance with §C of this regulation, a healthcare facility shall: Keep a copy of each manifest signed in accordance with COMAR 26.13.03.04E(1) for 3 years or until the healthcare facility receives a signed copy of the manifest from the designated facility that received the non-creditable hazardous waste pharmaceuticals that are being tracked by the manifest; Retain as a record each signed copy of a manifest received from the designated facility identified on the manifest, with the period of retention being at least 3 years from the date the waste was accepted by the initial transporter; and Keep a copy of each exception report required by Regulation .43B of this chapter for a period of at least 3 years from the date of the report; Waste Determinations. Unless a healthcare facility is excluded from this requirement by §B(3) of this regulation, a healthcare facility shall keep records of any test result, waste analysis, or other determination made to support the healthcare facility’s hazardous waste determinations consistent with COMAR 26.13.03.02-2, the record keeping requirements for hazardous waste determinations by generators of hazardous waste. Unless the period of retention is extended in accordance with §C of this regulation, a healthcare facility shall retain the records identified in §B(1) of this regulation for at least 3 years from the date that the waste that was the subject of the waste determination was last sent to on-site or off-site treatment, storage, or disposal. A healthcare facility that manages all of the healthcare facility’s non-creditable non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals is not required to keep documentation of hazardous waste determinations for waste pharmaceuticals. The periods of retention for records referred to in §A—B of this regulation are extended: Automatically during the course of any unresolved enforcement action regarding the regulated activity; or As requested by the Department or the Regional Administrator of Region 3 of the EPA. The healthcare facility shall ensure that any record required to be kept by this regulation is made readily available upon the request of an inspector representing the Department or the EPA. This regulation establishes conditions under which a healthcare facility may accept non-creditable hazardous waste pharmaceuticals from an off-site healthcare facility that qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste. Regulation .32F of this chapter specifies criteria that determine whether a generator of hazardous waste pharmaceuticals qualifies as a very small quantity generator of hazardous waste under federal regulations. A healthcare facility that does not have a permit or interim status that allows the facility to accept hazardous waste from off site may accept non-creditable hazardous waste pharmaceuticals from an off-site healthcare facility if: The off-site facility qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste; Either: The receiving facility and the VSQG healthcare facility that is sending the non-creditable hazardous waste pharmaceuticals off site are under the control of the same person, as specified in §D of this regulation; or The receiving facility has a contractual or other documented business relationship by which the receiving healthcare facility supplies pharmaceuticals to the VSQG healthcare facility; and The receiving facility: Is operating under the provisions of Regulations .32—.48 of this chapter for the management of the receiving facility’s non-creditable hazardous waste pharmaceuticals; Manages the non-creditable hazardous waste pharmaceuticals that it receives from off site in compliance with the requirements of Regulations .32—.48 of this chapter; and Keeps records of the non-creditable hazardous waste pharmaceuticals that the facility receives from off site for 3 years from the date that the shipment is received, except that the periods of retention of these records is extended automatically during the course of any unresolved enforcement action regarding the regulated activity. For the purposes of this regulation: “Person” has the meaning given by the definition in COMAR 26.13.01.03B; and “Control”: Means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise; and Does not include the situation when a contractor operates healthcare facilities on behalf of a different person. Hazardous Waste Determination for Potentially Creditable Pharmaceuticals. A healthcare facility that generates a solid waste that is a potentially creditable pharmaceutical shall determine whether that pharmaceutical is a hazardous waste pharmaceutical by determining whether the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, and whether the waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14. In determining whether a solid waste is a hazardous waste, a healthcare facility shall follow the procedures in COMAR 26.13.03.02-1. A healthcare facility shall use the hazardous waste determination conducted in accordance with this section to determine the applicability of Regulations .32—.49 of this chapter to the waste, except that the healthcare facility may choose to manage its potentially creditable non-hazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under Regulations .32—.49 of this chapter. Acceptance of Potentially Creditable Hazardous Waste Pharmaceuticals from Off Site. This section establishes conditions under which a healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste. Regulation .32F of this chapter specifies criteria that determine whether a generator of hazardous waste pharmaceuticals qualifies as a very small quantity generator of hazardous waste under federal regulations. . For the purposes of this regulation: “Person” has the meaning given by the definition in COMAR 26.13.01.03B; and “Control”: Means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise; and Does not include the situation when a contractor operates healthcare facilities on behalf of a different person. A healthcare facility that does not have a permit or interim status that allows the facility to accept hazardous waste from off site may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility if: The off-site facility qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste; Either: The receiving facility and the VSQG healthcare facility that is sending the potentially creditable hazardous waste pharmaceuticals off site are under the control of the same person, as specified in §B(3) of this regulation; or The receiving facility has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the VSQG healthcare facility; and The receiving facility: Is operating under the provisions of Regulations .32—.49 of this chapter for the management of the receiving facility’s potentially creditable hazardous waste pharmaceuticals; Manages the potentially creditable hazardous waste pharmaceuticals that it receives from off site in compliance with the requirements of Regulations .32—.49 of this chapter; and Keeps records of the potentially creditable hazardous waste pharmaceuticals that the facility receives from off site for 3 years from the date that the shipment is received, except that the periods of retention of these records is extended automatically during the course of any unresolved enforcement action regarding the regulated activity; Prohibition of Shipment. Except for potentially creditable hazardous waste pharmaceuticals, a healthcare facility may not send hazardous waste to a reverse distributor. Biennial Reporting. A healthcare facility is not subject to biennial reporting requirements under COMAR 26.13.03.06B with respect to potentially creditable hazardous waste pharmaceuticals managed under Regulations .32—.49 of this chapter. Record Keeping. A healthcare facility that initiates a shipment of a potentially creditable hazardous waste pharmaceutical to a reverse distributor shall: Keep the following records, in either a paper or electronic format, for each shipment of a potentially creditable hazardous waste pharmaceutical: The confirmation of delivery; and The shipping paper or papers prepared in accordance with 49 CFR Part 172 Subpart C, if applicable; Unless the period of retention is extended in accordance with §E(3) of this regulation, retain the records identified in §E(1) of this regulation for at least 3 years from the date of shipment; Maintain a record beyond the period specified in §E(2) of this regulation: During the course of any unresolved enforcement action regarding the regulated activity; or As requested by the Department or the Regional Administrator of Region 3 of the EPA; and Ensure that any record required to be kept by this regulation is made readily available upon the request of an inspector representing the Department or the EPA. Response to Spills. A healthcare facility shall: Immediately contain a spill of a potentially creditable hazardous waste pharmaceutical; and Manage clean-up materials from a spill of a potentially creditable hazardous waste pharmaceutical as non-creditable hazardous waste pharmaceuticals in accordance with Regulations .32—.48 of this chapter. This regulation establishes requirements that apply to: A healthcare facility shipping non-creditable hazardous waste pharmaceuticals off site; and A reverse distributor shipping evaluated hazardous wastes pharmaceuticals off site. A person identified in §A of this regulation shall: Ship the waste identified in §A of this regulation to a designated facility that is authorized to accept the specified hazardous waste by a hazardous waste facility permit, interim status authority, or other legal mechanism consistent with state and federal hazardous waste regulations; and Ensure that the waste is transported by a transporter that has been issued a CHS Hauler Certificate in accordance with COMAR 26.13.04.01C. Pre-transport Requirements — Healthcare Facilities. A healthcare facility shall comply with the following requirements before transporting off site or offering for transport off site a non-creditable hazardous waste pharmaceutical: Package the waste in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Parts 173, 178, and 180; Label each package in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172 Subpart E; Mark each package of hazardous waste pharmaceuticals in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172 Subpart D; Mark each container of 119 gallons or less being used in the off-site shipment with the following words and information in accordance with the requirements of 49 CFR § 172.304: Mark each lab pack container that will be incinerated in compliance with 40 CFR § 268.42(c) as follows: Mark the container with EPA Hazardous Waste Numbers D004, D005, D006, D007, D008, D010, and D011, when applicable, by either: Directly marking the applicable EPA Hazardous Waste Numbers on the container; or Using an electronic system for data capture, storage, and retrieval, such as bar coding or a radio frequency identification tag, if the electronic system allows the destination facility to be informed of the container's contents for the purposes of compliance with applicable hazardous waste management regulations; and It is not necessary to mark the container with EPA Hazardous Waste Numbers other than those identified in §C(5)(a) of this regulation; Placard the shipment or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F. Pre-transport Requirements — Reverse Distributors. A reverse distributor shipping evaluated hazardous waste pharmaceuticals off site shall: Comply with the requirements of §C of this regulation; and Mark each container of 119 gallons or less that is being used in the off-site shipment with the EPA hazardous waste numbers of the wastes in the container by either: Directly marking the applicable EPA Hazardous Waste Numbers on the container; or Using a method described in §C(5)(a)(ii) of this regulation. Manifesting. Except as specified in §E(2) of this regulation, a person identified in §A of this regulation shall comply with the manifest requirements of COMAR 26.13.03.04. A healthcare facility shipping non-creditable hazardous waste pharmaceuticals: Is not required to list all applicable hazardous waste numbers, also known as hazardous waste codes, in the “Waste Codes” section of the manifest form, item 13 of EPA Form 8700-22; and Shall write either the code “PHRM” or the code “PHARMS” in the “Waste Codes” section of the manifest form, item 13 of EPA Form 8700-22. Export and Import Requirements. A healthcare facility or reverse distributor that exports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to COMAR 26.13.02.07. Import Requirements. A person that imports a non-creditable hazardous waste pharmaceutical or an evaluated hazardous waste pharmaceutical is subject to COMAR 26.13.02.07. A healthcare facility or a reverse distributor may not accept an imported non-creditable hazardous waste pharmaceutical or an imported evaluated hazardous waste pharmaceutical unless the healthcare facility or reverse distributor has a permit or interim status that allows hazardous waste to be accepted from off site. A healthcare facility or a reverse distributor that transports off site or offers for transport off site potentially creditable hazardous waste pharmaceuticals to a reverse distributor shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR Parts 171—180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of hazardous material in 49 CFR § 171.8. Delivery Confirmation. A reverse distributor that receives a shipment of potentially creditable hazardous waste pharmaceuticals: Shall, upon receipt of the shipment, provide confirmation of receipt to the healthcare facility or reverse distributor that initiated the shipment; Shall indicate in the confirmation of receipt that the shipment of potentially creditable hazardous waste pharmaceuticals has arrived at its destination and is under the control of the reverse distributor; and May provide the confirmation of receipt in a paper format or an electronic format. Required Actions if a Timely Confirmation of Delivery is not Received. If 35 days have elapsed since a healthcare facility or reverse distributor initiated a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor, and the initiating shipper has not received confirmation of delivery, the initiating shipper shall promptly contact the carrier and the reverse distributor that was the intended recipient of the shipment to: Report that the delivery confirmation has not been received; and Determine the status of the potentially creditable hazardous waste pharmaceuticals that were shipped. Exports. A healthcare facility or reverse distributor that sends a potentially creditable hazardous waste pharmaceutical to a foreign destination: Is not required to comply with the manifesting requirements of 40 CFR § 262.83(c); Shall comply with: The applicable sections of 40 CFR Part 262, Subpart H, as qualified by COMAR 26.13.03.07B(2); and §§A—C of this regulation. Imports. A person that imports potentially creditable hazardous waste pharmaceuticals into the United States is subject to §§A—C of this regulation instead of 40 CFR Part 262, Subpart H. Immediately after a potentially creditable hazardous waste pharmaceutical enters the United States, the potentially creditable hazardous waste pharmaceutical is subject to all applicable requirements of Regulations .32—.49 of this chapter. Transporter Requirements. A person that transports potentially creditable hazardous waste pharmaceuticals to a reverse distributor: May do so without meeting the requirements of COMAR 26.13.04 that apply to persons who transport hazardous waste; and Shall comply with all applicable requirements of the U.S. Department of Transportation for the transport of hazardous materials. This regulation establishes requirements for reverse distributors for the management of: Potentially creditable hazardous waste pharmaceuticals; and Evaluated hazardous waste pharmaceuticals. A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from off site and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals on site without a hazardous waste permit and without having interim status if the reverse distributor complies with the requirements of §§C—D of this regulation. Management Standards. As qualified by §C(2) of this regulation, a reverse distributor shall manage potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals in accordance with the following: The management standards of 40 CFR §266.510(a); Additional standards for management of potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor as specified in 40 CFR §266.510(b)(1)—(2) and (4); and Additional standards for management of evaluated hazardous waste pharmaceuticals as specified in 40 CFR §266.510(c)(1)—(4) and 40 CFR §266.510(c)(7)—(10). In complying with the provisions of 40 CFR §266.510 cited in §C(1) of this regulation, a reverse distributor shall: Substitute “Department” for “EPA Regional Administrator”; and Refer to the table in COMAR 26.13.01.05B(2) to identify references to provisions in COMAR that should be substituted for corresponding references to federal regulations that are made in 40 CFR §266.510. Shipping Requirements. A reverse distributor shall: Ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with the requirements of Regulation .48 of this chapter; Ship evaluated hazardous waste pharmaceuticals in accordance with the requirements of Regulation .47 of this chapter; and Ensure that an evaluated hazardous waste pharmaceutical that is shipped off-site from a location within the State or to a facility within the State is transported by a hauler and vehicle that is in compliance with COMAR 26.13.04.01C. Permit Requirements. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to applicable requirements of COMAR 26.13.05, .06, and .07 if the reverse distributor: Does not meet the conditions of this Regulation; Accepts manifested hazardous waste from off-site; or Treats or disposes of hazardous waste pharmaceuticals on site. Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland Effective date: April 18, 1988 (15:8 Md. R. 1009) Chapter recodified from COMAR 10.51.11 to 26.13.10 Regulation .01A, C amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .01A, D amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .01C, D amended effective October 16, 2000 (27:20 Md. R. 1843) Regulation .02A amended effective December 23, 1991 (18:25 Md. R. 2759); October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647) Regulation .02E, F amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .03A, B amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .03B, D amended effective October 16, 2000 (27:20 Md. R. 1843); January 13, 2022 (49:1 Md. R. 14) Regulation .04 amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14) Regulation .04B, C amended effective October 16, 2000 (27:20 Md. R. 1843) Regulation .04J amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .05 adopted effective September 7, 1998 (25:18 Md. R. 1438) Regulations .06—.25 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .06B amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .08A, B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .09 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .09-1 adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .10A amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .11C amended effective January 18, 2016 (43:1 Md. R. 14) Regulation .14 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .14B amended effective May 3, 2021 (48:9 Md. R. 359); October 1, 2025 (52:17 Md. R. 876) Regulation .16-1 adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .17A amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .18C amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .19C amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .20C amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .20F adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .21F amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .22G amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .23C amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .24 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .25A amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .25B amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .25C adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .26 adopted effective January 1, 2007 (33:26 Md. R. 1999) Regulation .27 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .28 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .29 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .30 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .31 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulations .32—.49 adopted effective October 1, 2025 (52:17 Md. R. 876) This chapter identifies those solid wastes that are subject to regulation as special medical wastes under COMAR 26.13.12 and 26.13.13. In this chapter: Regulation .02 defines the terms “solid waste” and “special medical waste”, identifies those wastes that are excluded, and establishes management requirements for special medical waste; Regulations .02 and .03 set forth the criteria used by the Department to identify special medical wastes; Special medical wastes are Controlled Hazardous Substances (CHS) and are subject to the provisions of COMAR 26.13.1126.13.13, 26.13.02.02A, and the applicable provisions of 26.13.01; Special medical waste is hereby exempted from the requirements of Environment Article, §§7-205, 7-224, 7-226, 7-232, and §7-253(4), Annotated Code of Maryland. The following terms have the meanings indicated. Terms Defined. “Anatomical material” means human or animal body parts, including tissues and organs. “Blood” means human blood, human blood components, and products made from human blood. “Blood-soiled article” means any article that contains blood in any form as a result of contact with blood. “Contaminated item” means an item for which it is known or reasonably anticipated that blood or other potentially infectious material is present on the item. “Contaminated material” means: Microbiological laboratory waste; The feces of an individual diagnosed as having a disease that may be transmitted to another human being through the feces; An article soiled with the feces of an individual diagnosed as having a disease that may be transmitted to another human being through the feces; or An article that has come into contact with a known human pathogen. “Generator” means any person whose act or process produces a special medical waste. “Infectious substance” means a material known or reasonably expected to contain a pathogen. “Microbiological laboratory waste” means waste from a microbiological laboratory that contains a human pathogen and includes cultures and stocks of pathogens and associated biologicals. “Other potentially infectious material” means: The following human body fluids: Amniotic fluid; A body fluid that is visibly contaminated with blood; A body fluid that cannot be readily identified; Cerebrospinal fluid; Pericardial fluid; Peritoneal fluid; Pleural fluid; Saliva generated in the performance of dental procedures; Semen; Synovial fluid; and Vaginal secretions; A tissue or organ from a living or dead human, not including intact skin, that has not been preserved by a chemical additive or preservative; The following items relating to human immunodeficiency virus (HIV), hepatitis B virus, or hepatitis C virus: HIV-containing cell, tissue, or organ cultures; Media or other solutions containing HIV, Hepatitis B, or Hepatitis C; and Blood, organs, or other tissues, including blood, organs or other tissues from experimental animals infected with HIV or hepatitis B virus; and Microbiological laboratory waste. “Pathogen” means a microorganism, including bacteria, viruses, rickettsiae, parasites, and fungi, or other agent, such as a proteinaceous infectious particle, also known as a prion, that can cause disease in humans or animals. “Person” means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, political subdivision of a state, any interstate body, and any combination of persons using a common disposal collection device. Sharp. “Sharp” means an object that: Is capable of cutting or penetrating skin or a packaging material, and Either is known, suspected, or reasonably anticipated to be contaminated with a human pathogen, blood, or other potentially infectious material or may become contaminated with a human pathogen through handling or during transportation; “Sharp” includes needles, syringes with an attached needle or other sharp, scalpels, surgical instruments, broken glass, broken capillary tubes, broken rigid plastic, and exposed ends of dental wires. “Sharp” includes an item that is capable of cutting or penetrating skin or a packaging material if the item is not in its original, intact packaging unless the item: Is not commonly associated with blood, other potentially infectious material or infectious substances, such as, for example, broken glass from beverage containers or disposable blades used by a contractor in building maintenance; and Has not been exposed to or commingled with special medical waste; and “Sharp” does not include an item in its original, intact packaging. “Shipping paper” means a shipping order, bill of lading, manifest, or other shipping document serving a similar purpose and containing the information required by 49 CFR §§172.202, 172.203, and 172.204, which are incorporated by reference in COMAR 26.13.12.01B(5) and 26.13.13.01G. “Solid waste” means any waste defined by COMAR 26.13.02.02. “Special medical waste” means a solid waste that is not excluded under Regulation .03 of this chapter and is composed of: Anatomical material; Blood that is in a liquid or semiliquid state; Blood-soiled articles that: Would release blood in a liquid or semiliquid state if compressed; or Are caked with dried blood and are capable of releasing the blood during handling of the items; A contaminated item that: Would release other potentially infectious material in a liquid or semiliquid state if compressed; or Is caked with other potentially infectious material and is capable of releasing the other potentially infectious material during handling of the item; Contaminated material; An infectious substance that can cause disease in humans; Microbiological laboratory waste; Other potentially infectious material that is in a liquid or semiliquid state; Pathological and microbiological waste that contains blood or other potentially infectious material; or Sharps. “Sterilize” means to use a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores. The following solid wastes are not special medical wastes: Household waste, including household waste that has been collected, transported, stored, treated, disposed of, recovered, or reused. “Household waste” means any waste material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels, and motels). Wastes generated in the handling of an animal unless the generator knows or has reason to know that the animal has a disease that is capable of being transmitted to humans. The ash or by-product from an incinerator authorized by a state to burn special medical waste. Wastes not generated in the ordinary course of business. Except as otherwise provided in this regulation, if a person generates, in a calendar month, a total of less than 50 pounds of special medical wastes, those wastes are not subject to regulation under COMAR 26.13.12 and 26.13.13, except as provided in §§C and D of this regulation. If a person whose waste has been excluded from regulation under §B of this regulation accumulates special medical wastes in quantities greater than 50 pounds, those accumulated wastes are subject to regulation under COMAR 26.13.12 and 26.13.13. In order for special medical waste to be excluded from regulation under §B of this regulation, the generator shall comply with COMAR 26.13.12.02 and .05A and C. If a person sterilizes special medical wastes, those wastes are excluded from the requirements of COMAR 26.13.12 and 26.13.13, except for COMAR 26.13.12.02 and .05A and C. Environment Article, §§7-104, 7-201 et seq., 9-252, and 9-314, Annotated Code of Maryland Effective date: Regulations .01—.03 adopted as an emergency provision effective September 28, 1988 (15:22 Md. R. 2549); emergency status extended at 16:4 Md. R. 493 (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.03 adopted effective April 3, 1989 (16:6 Md. R. 733) Regulation .01 amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .02 amended effective April 20, 1998 (25:8 Md. R. 599) Regulation .02B amended effective April 21, 2008 (35:8 Md. R. 812) Regulation .03E amended effective December 23, 1991 (18:25 Md. R. 2759) These regulations establish standards for generators of special medical waste. A generator who treats, stores, or disposes of special medical wastes on-site shall only comply with the following regulations of this chapter with regard to that waste: Regulation .02 of this chapter for determining whether or not the generator has special medical waste; Regulation .03 of this chapter for obtaining an identification number; Regulation .06A(2) and (3) of this chapter for record keeping; Regulation .06B of this chapter for additional reporting; and Applicable requirements of U.S. Department of Transportation Hazardous Materials Regulations, 49 CFR 171—178, which are incorporated by reference. An owner or operator who initiates a shipment of special medical waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter. A person who generates a solid waste, as defined in COMAR 26.13.02.02, shall determine if that waste is a special medical waste using the following method. A person shall: First determine if the waste is excluded from regulation under COMAR 26.13.11.03; Then determine if the waste is a special medical waste pursuant to COMAR 26.13.11.02. A generator may not treat, store, dispose of, transport, or offer for transportation, special medical waste without having received a Maryland identification number from the Secretary. A generator who has not received a Maryland identification number may obtain one by applying to the Secretary. Upon receiving the request the Secretary will assign an identification number to the generator. A generator may not offer his special medical waste to transporters that have not received a Maryland identification number. A generator of special medical waste who transports, or offers for transportation, special medical waste for off-site treatment, storage, or disposal shall prepare shipping papers in accordance with the requirements of 49 CFR §§172.200—172.204, which are incorporated by reference in COMAR 26.13.12.01B(5). Classification of Special Medical Waste for Transport. Before transporting special medical waste off-site or offering special medical waste for transport off-site, a generator shall classify the waste and assign a proper shipping name under the U.S. Department of Transportation Hazardous Materials Transportation Regulations, 49 CFR 171—178, which are incorporated by reference in Regulation .01B(5) of this chapter. In complying with §A(1) of this regulation, a generator shall determine the hazardous material description under the U.S. Department of Transportation Hazardous Materials Regulations, including: Proper shipping name; Hazard class or division; Identification number assigned to the proper shipping name; and Packing group, if any. Agency note: Generally, special medical waste will be classified as “infectious substances, affecting humans” or “regulated medical waste, n.o.s.” under the federal hazardous materials transportation regulations unless the special medical waste is regulated as a hazardous material for an additional reason, such as because of its chemical nature or because it is also a radioactive material. Packaging, Marking, and Labeling. Before transporting special medical waste off-site or offering special medical waste for transport off-site, a generator shall: Package the waste in accordance with 49 CFR Part 173; Comply with the marking requirements of 49 CFR Part 172, Subpart D; and Comply with the labeling requirements of 49 CFR Part 172, Subpart E. Treating. If a generator treats special medical waste before transporting it off-site, offering it for transport off-site, disposing of it, or arranging for disposal of it, then the generator: May treat the special medical waste only as provided in COMAR 10.06.06; and Shall, in complying with the requirements of COMAR 10.06.06 as required by §C(1)(a) of this regulation, interpret “special medical waste” and “sharp” to have the meanings given in COMAR 26.13.11.02B. A generator may not dispose of sharps in a solid waste landfill unless the generator incinerates the sharps or first sterilizes and then mechanically destroys the sharps. Record Keeping. A generator shall keep a copy of each annual report and exception report for a period of at least 3 years from the date of the report. A generator shall keep records of any test results, waste analyses, or other determinations made in accordance with Regulation .02 of this chapter for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary. Additional Reporting. The Secretary, as the Secretary deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of special medical wastes. A person who exports special medical waste to a foreign country or imports special medical waste from a foreign country into the State shall comply with the requirements of this chapter and with the requirements of this regulation. When shipping special medical waste outside the United States the generator shall: Notify the Secretary in writing 4 weeks before the initial shipment of special medical waste to each country in each calendar year; Include in the notification required by §B(1) of this regulation: An identification of the waste to be shipped, and The name and address of the foreign consignee; Require that the foreign consignee confirm the delivery of the waste in the foreign country by providing the generator with a copy of the shipping papers signed by the foreign consignee or by other appropriate means; and Meet the requirements under Regulation .04 of this chapter. When importing special medical waste, a person shall meet all requirements of Regulation .04 of this chapter. Environment Article, §§7-104, 7-201 et seq., 9-252, and 9-314, Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective September 28, 1988 (15:22 Md. R. 2549); emergency status extended at 16:4 Md. R. 493 Regulations .01—.07 adopted effective April 3, 1989 (16:6 Md. R. 733) Regulation .01B amended effective April 20, 1998 (25:8 Md. R. 599) Regulation .04 repealed and new Regulation .04 adopted effective April 20, 1998 (25:8 Md. R. 599) Regulation .05 amended effective April 21, 2008 (35:8 Md. R. 812) Regulation .06 amended effective April 20, 1998 (25:8 Md. R. 599) Regulation .07 amended effective April 20, 1998 (25:8 Md. R. 599) Scope. These regulations establish standards which apply to persons transporting special medical waste within the State if the transportation requires a shipping paper under COMAR 26.13.12. These regulations do not apply to on-site transportation of special medical waste by generators or by owners or operators of permitted special medical waste management facilities. A transporter of special medical waste shall also comply with COMAR 26.13.12 if the transporter transports special medical waste into the United States from abroad. State Identification Number. A transporter may not transport special medical wastes without having received a State identification number from the Secretary. A transporter who has not received a State identification number may obtain one by applying to the Secretary. Certificate. General. A person may not transport special medical waste to a facility within the State or from a source within the State unless the person obtains a certificate from the Department. A special medical waste hauler certificate is required of persons engaged in transporting special medical wastes. Transporters using vehicles or articulated transports to transport special medical waste to a facility within the State or from a source within the State shall carry the vehicle certificate in the cab of the special medical waste vehicle. As a condition to the issuance of a certificate, a person shall: Secure a bond of not less than $10,000 for the purpose of indemnifying the State for abatement of pollution resulting from the improper transportation or spill of special medical waste; Pay a yearly fee for certification not to exceed $50 per vehicle used for hauling special medical waste; and Submit a certificate of safety inspection for each vehicle as provided in Regulation .01F of this chapter. Certification. A request for certification shall be submitted in writing and shall include: Information pertaining to the nature and quantity of the special medical waste to be transported; The source and destination of the waste; The method of transportation; Specific information pertaining to the vehicles used to transport special medical waste, such as vehicle age and construction specifications; The safety inspection of the vehicle; and The fee for certification. Failure to provide the information required in §C(3)(a) of this regulation, the fee for certification, or other information required by the Department shall constitute grounds for denial of certification. The certification shall be carried in the vehicle at all times and presented upon request. This regulation does not apply to transportation within sites such as transport of a special medical waste from an on-site storage area to an on-site waste treatment facility. Personnel of the Department approved by the Secretary are certified special medical waste transporters. Interstate Certificates. Interstate carriers with more than ten trucks operating in or out of the State, and servicing more than three states, may apply for interstate certificates if the carrier: Has five vehicle certificates currently issued; and Meets the insurance requirements of 49 CFR Part 387—Minimum Levels of Financial Responsibility for Motor Carriers. Interstate certificates are transferable from one vehicle to another. The location of the certificate shall be registered with the Department. The carrier shall notify the Department 24 hours before use of the certificate. The notification shall include information detailing the type of vehicle, serial number, make, model, state of registration, license destination, material transported, and other information as may be requested. The maximum number of transferable certificates issued may not exceed the number of permanent certificates issued to a carrier. Each certificate issued shall carry a fee of $50. The Department may require the applicant to report periodically, on a form provided by the Department, on the source, disposal destination, volume, and nature of the special medical waste transported. Standards for Vehicles. A person shall transport special medical waste in a leakproof, noncompacting, and fully enclosed vehicle compartment. A person shall transport special medical waste in a manner that prevents any nuisance condition. Stoppage. Except under the supervision of the Department during an emergency, a special medical waste hauler may not store special medical waste except in an approved facility. Storage in a special medical waste vehicle does not include periods of stoppage, as defined by §E(2) of this regulation. Stoppage is a period of time not to exceed 72 hours during which a special medical waste vehicle is at rest. The cumulative period of stoppage may not exceed 5 days for a particular shipment of special medical waste within the State. Any stoppage in excess of 12 hours shall be at an authorized facility or other suitable site. Safety Inspection. Before a person may receive a special medical waste vehicle certificate, the person shall provide written proof that the vehicle has passed a safety inspection as provided in §F(2)—(4) of this regulation within 60 days before the date of the application. A safety inspection for a special medical waste vehicle includes each of the following: Windshield wipers and washers; Headlights, taillights, and signal lights; Exhaust system; Wheels, tire wear, and tire pressure; Glass and mirrors; Horn; and Brakes. A safety inspection may only be performed by a state agency authorized to perform vehicle safety inspections or by a commercial establishment authorized by a state to perform vehicle safety inspections. A motor vehicle of the current or preceding model year that has not been previously titled or registered and for which the ownership document is a manufacture's certificate of origin is excluded from the requirements of §F(1)—(3) of this regulation for a period of 12 months from the month of initial titling. A person subject to this chapter shall comply with the applicable requirements of U.S. Department of Transportation Hazardous Materials Regulations, 49 CFR 171—178, which are incorporated by reference. Shipping Papers. A transporter of special medical waste may not accept special medical waste from a generator unless the waste is accompanied by a shipping paper prepared by the generator in accordance with COMAR 26.13.12.04. Delivery Requirements. The transporter shall deliver the entire quantity of special medical waste which the transporter has accepted from a generator or a transporter to: The facility designated by the generator; An alternate facility designated by the generator, if the special medical waste cannot be delivered to the designated facility because an emergency prevents delivery; Next designated transporter; or Place outside the United States designated by the generator. If the special medical waste cannot be delivered in accordance with §B(1) of this regulation, the transporter shall contact the generator for further directions. Immediate Action. If a discharge of special medical waste occurs during transportation, the transporter shall take appropriate immediate action to protect human health and the environment (for example, notify local authorities, dike the discharge area), and shall notify the Department and local authorities, if any, within 1 hour of the incident, or, if not immediately discovered, within 1 hour of discovery of the incident, by calling (866) 633-4686. If a discharge of special medical waste occurs during transportation, and an official of a State or local government or a federal agency acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have State identification numbers. An air, rail, highway, or water transporter who has discharged special medical waste shall: Give notice, if required by 40 CFR §171.15, to the National Response Center, (800)424-8802; Submit a report in writing to the Department. A water (bulk shipment) transporter who has discharged special medical waste shall give notice under 33 CFR §153.203 to the National Response Center, (800) 424-8802 or, in the District of Columbia, (202) 276-2675, and to the State, (866) 633-4686. Discharge Clean Up. A transporter shall clean up any special medical waste discharge that occurs during transportation or take such action as may be required or approved by federal, State, or local officials so that the special medical waste discharge no longer presents a hazard to human health or the environment. All references to 49 CFR in COMAR 26.13.11—26.13.13 mean 49 CFR as it has been adopted as of October 1, 2007. The Department, as a condition to the issuance of a special medical waste hauler certificate, shall require a person to secure a bond of not less than $10,000 for the purpose of indemnifying the State for abatement of pollution from the improper transportation or spill of special medical waste. Execution of Bond. The bond shall be executed by the permittee and corporate surety licensed to do business in the State. Instead of a corporate surety, either of the following shall be acceptable: Deposits of cash or negotiable bonds of the United States Government. The cash deposit or market value of the securities shall be equal at least to the required sum of the bond. The Department, on receipt of any deposit of cash or securities, immediately shall forward it to the State Treasurer, who shall receive and hold the bond in the name of the State, in trust, for the purposes for which the deposit is made. The State Treasurer at all times is responsible for the custody and safekeeping of these deposits. The person making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the sum of the bond. A certificate of deposit, if it is equivalent to the required bond, issued by a bank within the State, and accompanied by written agreement of the bank to pay on demand to the State upon a finding of forfeit by the Secretary. Upon expiration of the time limitations specified in the certification, the Department shall release the bond, provided that all provisions of the certificate and Environment Article, §§7-210—7-268, inclusive, have been satisfactorily met. Failure to fully comply with the provisions set forth above, or revocation of the certificate, shall constitute grounds for the Department to initiate forfeiture proceedings. Forfeiture Proceedings. The Department shall notify the permittee by registered mail of its intent to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited. Environment Article, §§7-201 et seq., 9-252, and 9-314, Annotated Code of Maryland Effective date: Regulations .01—.04 adopted as an emergency provision effective September 28, 1988 (15:22 Md. R. 2549); emergency status extended at 16:4 Md. R. 493 (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.04 adopted effective April 3, 1989 (16:6 Md. R. 733) Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 599) Regulation .01C amended effective June 18, 2018 (45:12 Md. R. 619) Regulation .02 amended effective April 20, 1998 (25:8 Md. R. 599) Regulation .02C amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .03 amended effective April 20, 1998 (25:8 Md. R. 599) Regulation .03C amended effective April 21, 2008 (35:8 Md. R. 812)