Regulation .17 Hazardous Waste from Specific Sources.
Regulation .17 Hazardous Waste from Specific Sources.LinkCopy Citation
A.
As qualified by §B of this regulation, the following solid wastes are listed as hazardous wastes from specific sources unless they are excluded under:
(1)
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
(2)
COMAR 26.13.01.04A and C and listed in Regulation .26 of this chapter:
B.
Qualifiers Concerning Hazardous Waste from Specific Sources.
(1)
General. This section provides qualifiers concerning the wastes listed in §A of this regulation.
(2)
The following requirements apply to Hazardous Waste Number K174 listed under the organic chemicals industry in the table in §A of this regulation:
(a)
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
(b)
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.
(3)
The following qualifiers apply to Hazardous Waste Number K181 listed under the organic chemicals industry in the table in §A of this regulation:
(a)
A nonwastewater that otherwise meets the listing for K181 in §A of this regulation does not meet that waste listing if the nonwastewater is:
(i)
Disposed in a RCRA Subtitle D landfill unit subject to the design criteria in 40 CFR §258.40 or equivalent state regulations;
(ii)
Disposed in a RCRA Subtitle C landfill unit subject to either 40 CFR §264.301, 40 CFR §265.301, or equivalent state regulations;
(iii)
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
(iv)
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.
(b)
The scope of “dyes and pigments production” for the purposes of the K181 waste listing includes the manufacture of the following product classes:
(i)
Dyes;
(ii)
Pigments; or
(iii)
FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes.
(c)
In identifying applicable product classes under §B(3)(b) of this regulation:
(i)
Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products; and
(ii)
Triarylmethane products include both triarylmethane and triphenylmethane products.
(d)
The K181 listing does not apply to the following wastes:
(i)
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;
(ii)
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
(iii)
Wastes generated before any annual mass loading limit is met.
C.
K181 Listing Levels.
(1)
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.
(2)
Table 1.
D.
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).