Regulation .05 Incorporation by Reference.
Regulation .05 Incorporation by Reference.LinkCopy Citation
A.
When used in COMAR 26.13.01—26.13.10, the following publications are incorporated by reference:
(1)
“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.
(2)
“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.
(3)
“NFPA 30 Flammable and Combustible Liquids Code” (1990), available from the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.
(4)
“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.
B.
Incorporation of Federal Regulations by Reference.
(1)
As qualified by §B(2) of this regulation, certain federal regulations are incorporated by reference as follows:
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
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;
(f)
When used in COMAR 26.13.01—26.13.10, 49 CFR 171—180, 387, and 396, as amended, are incorporated by reference;
(g)
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;
(h)
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;
(i)
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;
(j)
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;
(k)
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;
(l)
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;
(m)
When used in COMAR 26.13.05.04G(4), 40 CFR Part 302, as amended, is incorporated by reference;
(n)
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;
(o)
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;
(p)
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;
(q)
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;
(r)
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;
(s)
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;
(t)
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
(u)
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.
(v)
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.
(2)
References to Other Federal Regulations in Federal Regulations That Have Been Incorporated by Reference.
(a)
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.
(b)
The following table lists federal regulations and the analogous provisions within the Code of Maryland Regulations:
C.
When used in COMAR 26.13.01—26.13.10, the following federal statutory provisions are incorporated by reference:
(1)
The minimum technological requirements of:
(a)
§3004(o)(1) of RCRA,
(b)
§3004(o)(2) and (3) of RCRA, except that “the Administrator” shall be replaced by “the Administrator or the Secretary”;
(2)
The requirements concerning interim status surface impoundments in:
(a)
§3005(j)(1)—(4) of RCRA, and
(b)
§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)”;
(3)
The notification requirements of §3010 of RCRA; and
(4)
The requirements concerning exposure information in §3019 of RCRA.