# COMAR Title 26 — Department of the Environment

## Subtitle 13 — Disposal of Controlled Hazardous Substances

### Chapter 03 — Standards Applicable to Generators of Hazardous Waste

#### Regulation .01-1 Federally-defined Hazardous Waste Generator Categories — Applicability in Maryland.

*COMAR 26.13.03.01-1*

A. 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:

  (1) Restates the definitions of the federally-defined hazardous waste generator categories;

  (2) 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

  (3) 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.

B. Federal Categories for Hazardous Waste Generators. Under federal regulations at 40 CFR §260.10, a:

  (1) “Very small quantity generator” is a generator who generates less than or equal to the following amounts in a calendar month:

    (a) 100 kilograms (220 lbs) of nonacute hazardous waste;

    (b) 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); and

    (c) 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);

  (2) “Small quantity generator” is a generator who generates that following amounts in a calendar month:

    (a) Greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste;

    (b) 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

    (c) 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);

  (3) “Large quantity generator” is a generator who generates any of the following amounts in a calendar month:

    (a) Greater than or equal to 1,000 kilograms (2200 pounds) of non-acute hazardous waste;

    (b) 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

    (c) 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).

B-1. 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.

C. A Maryland generator of hazardous waste shall:

  (1) Determine the applicable generator category under federal regulations using the procedures in 40 CFR §262.13, except that the generator shall:

    (a) 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;

    (b) 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

    (c) 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.

  (2) Use the federal generator category determined under §C(1) of this regulation for the purposes of:

    (a) Completing forms associated with:

      (i) Obtaining an EPA identification number under Regulation .03 of this chapter;

      (ii) Satisfying the renotification requirement of Regulation .03-1 of this chapter; and

      (iii) Reactivating an EPA identification number under Regulation .03-2 of this chapter;

    (b) Completing forms associated with the biennial report of hazardous waste activity required by Regulation .06B of this chapter; and

    (c) 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.

D. 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:

  (1) 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;

  (2) The requirement of Regulation .03-5E of this chapter to prepare and distribute a quick reference guide to the facility contingency plan;

  (3) 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;

  (4) 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

  (5) The closure notification requirements of regulation .05-2B of this chapter.