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.