<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".26" citation="COMAR 26.13.02.26" title_num="26" subtitle_num="13" chapter_num="02" heading="Wastes Excluded Under COMAR 26.13.01.04A and C.">
  <paragraph num="A.">
    <text>Wastes with State Hazardous Waste Number MD02.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is performed at a facility located at the U.S. Army Aberdeen Proving Ground that is operated by:</text>
        <paragraph num="(i)">
          <text>The Edgewood Chemical Biological Center or a successor organization; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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.)</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The exclusion of §A(1) of this regulation is applicable to residuals from the decontamination of the following chemical warfare agents:</text>
      <paragraph num="(a)">
        <text>Ethyl dimethylamidocyanophosphate, also known by the common names GA and Tabun and the following alternate chemical names:</text>
        <paragraph num="(i)">
          <text>Ethyl N,N dimethylphosphoramidocyanidate; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Dimethylamidoethoxyphosphoryl cyanide;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Isopropyl methanefluorophosphonate, also known by the common names GB and Sarin and the following alternate chemical names:</text>
        <paragraph num="(i)">
          <text>Isopropyl methylphosphonofluoridate; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Isopropyl ester of methylphosphonofluoridic acid;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>3,3-dimethyl-n-but-2-yl methylphosphonofluoridate, also known by the common names GD and Soman and the following alternate chemical names:</text>
        <paragraph num="(i)">
          <text>Pinacolyl methylphosphonofluoridate;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>1,2,2-trimethylpropyl methylphosphonofluoridate; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Pinacoloxymethylphosphoryl fluoride;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>O-ethyl S-(2-diisopropyl-aminoethyl) methylphosphonothioate, also known by the common name VX;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Chlorovinylarsine dichloride, also known by the common names L and Lewisite, and the following alternate chemical names:</text>
        <paragraph num="(i)">
          <text>Dichloro (2-chlorovinyl) arsine; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>2-chlorovinyldichloroarsine; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Bis(2-chloroethyl) sulfide, also known by the common names sulfur mustard, H, HS, and HD.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.)</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The HD hydrolysate is solely produced at the U.S. Army Aberdeen Proving Ground, Aberdeen Chemical Agent Neutralization Facility, Aberdeen Proving Ground, Maryland under:</text>
      <paragraph num="(a)">
        <text>A controlled hazardous substances treatment facility permit issued by the Department; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An order issued under authority of Environment Article, §7-207(a), Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provides the Secretary with a written notification that includes:</text>
      <paragraph num="(a)">
        <text>A statement that the generator believes that the waste should be excluded from the list of hazardous wastes in Regulation .18 of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The identity of the generator and the facility where the waste will be generated, decontaminated, or treated; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Provides the Secretary with additional information that the Secretary may consider necessary to evaluate the appropriateness of excluding the waste; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Receives written approval of the exclusion from the Secretary.</text>
    </paragraph>
  </paragraph>
</regulation>