# COMAR Title 26 — Department of the Environment ## Subtitle 13 — Disposal of Controlled Hazardous Substances ### Chapter 03 — Standards Applicable to Generators of Hazardous Waste **Authority:** Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01—.07 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642) **Administrative History:** Regulations .01; .04A, D; .05D, E; .07B amended effective January 18, 1982 (9:1 Md. R. 20) **Administrative History:** Regulations .01B; .02B; .04A, B, D; .05E; .06A—C; and .07A amended, and .01G and .04E adopted effective July 30, 1984 (11:15 Md. R. 1330) **Administrative History:** Regulations .01E and .05E amended effective February 13, 1984 (11:3 Md. R. 202) **Administrative History:** Regulations .01F, .04D, .06C, and .07A amended effective January 31, 1983 (10:2 Md. R. 110) **Administrative History:** Regulation .05E amended effective August 12, 1985 (12:16 Md. R. 1607) **Administrative History:** Chapter recodified from COMAR 10.51.03 to COMAR 26.13.03 **Administrative History:** Regulation .01B, D amended effective August 28, 1995 (22:17 Md. R. 1321) **Administrative History:** Regulation .01G amended effective December 23, 1991 (18:25 Md. R. 2759) **Administrative History:** Regulation .01H and I adopted effective April 18, 1988 (15:8 Md. R. 1009) **Administrative History:** Regulation .02A amended effective December 23, 1991 (18:25 Md. R. 2759) **Administrative History:** Regulation .04 amended effective April 18, 1988 (15:8 Md. R. 1009); September 11, 2006 (33:18 Md. R. 1507) **Administrative History:** Regulation .04A, C amended effective December 23, 1991 (18:25 Md. R. 2759) **Administrative History:** Regulation .04A, D, E amended effective May 24, 1993 (20:10 Md. R. 853) **Administrative History:** Regulation .05 amended effective September 11, 2006 (33:18 Md. R. 1507) **Administrative History:** Regulation .05C amended effective December 23, 1991 (18:25 Md. R. 2759) **Administrative History:** Regulation .05E amended effective April 18, 1988 (15:8 Md. R. 1009); May 24, 1993 (20:10 Md. R. 853); September 10, 1997 (24:5 Md. R. 413) **Administrative History:** Regulation .06A amended effective May 5, 1997 (24:9 Md. R. 659) **Administrative History:** Regulation .06B amended effective April 18, 1988 (15:8 Md. R. 1009); December 23, 1991 (18:25 Md. R. 2759); August 28, 1995 (22:17 Md. R. 1321); May 5, 1997 (24:9 Md. R. 659) **Administrative History:** Regulation .06C amended effective September 11, 2006 (33:18 Md. R. 1507) **Administrative History:** Regulation .07A amended effective April 18, 1988 (15:8 Md. R. 1009) **Administrative History:** Regulation .07 repealed and new Regulations .07 and .07-1—.07-4 adopted effective August 28, 1995 (22:17 Md. R. 1321) **Administrative History:** Regulation .08 repealed effective May 5, 1997 (24:9 Md. R. 659) **Administrative History:** Chapter revised effective October 16, 2000 (27:20 Md. R. 1843) **Administrative History:** Regulation .01B-1 adopted effective November 1, 2002 (29:21 Md. R. 1647) **Administrative History:** Regulation .01G amended effective May 1, 2008 (35:8 Md. R. 809) **Administrative History:** Regulation .01J adopted effective May 1, 2008 (35:8 Md. R. 809) **Administrative History:** Regulation .02 amended effective November 1, 2002 (29:21 Md. R. 1647) **Administrative History:** Regulation .04 amended effective September 11, 2006 (33:18 Md. R. 1507) **Administrative History:** Regulation .04A amended effective May 1, 2008 (35:8 Md. R. 809) **Administrative History:** Regulation .05E amended effective May 1, 2008 (35:8 Md. R. 809) **Administrative History:** Regulation .07 amended effective November 1, 2002 (29:21 Md. R. 1647) **Administrative History:** Regulation .07A amended effective May 1, 2008 (35:8 Md. R. 809) **Administrative History:** Regulation .07-1 amended effective November 1, 2002 (29:21 Md. R. 1647) **Administrative History:** Regulation .07-2A amended effective September 11, 2006 (33:18 Md. R. 1507) **Administrative History:** Regulation .07-2C amended effective November 1, 2002 (29:21 Md. R. 1647) **Administrative History:** Regulation .07-3 amended effective September 11, 2006 (33:18 Md. R. 1507) **Administrative History:** Regulation .07-5 adopted effective November 1, 2002 (29:21 Md. R. 1647) **Administrative History:** Chapter revised effective May 3, 2021 (48:9 Md. R. 359) **Administrative History:** Regulation .01A-2 amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .01D amended effective January 13, 2022 (49:1 Md. R. 14) **Administrative History:** Regulation .01G amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .01K, L adopted effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .01-1B-1 adopted effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .02C amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .03-3E amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .03-4C amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .03-5C amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .03-7B amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .04 amended effective January 13, 2022 (49:1 Md. R. 14) **Administrative History:** Regulation .05F adopted effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .05-4C amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .06B amended effective October 1, 2025 (52:17 Md. R. 876) **Administrative History:** Regulation .06C amended effective January 13, 2022 (49:1 Md. R. 14) **Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective January 13, 2022 (49:1 Md. R. 14) **Administrative History:** Regulations .07-1—.07-3 repealed effective January 13, 2022 (49:1 Md. R. 14) **Administrative History:** Regulation .07-4 amended effective January 13, 2022 (49:1 Md. R. 14) **Administrative History:** Regulations .07-5 repealed effective January 13, 2022 (49:1 Md. R. 14) #### Regulation .01 Purpose, Scope, and Applicability. *COMAR 26.13.03.01* A. These regulations establish standards for generators of hazardous waste, and include: (1) Requirements that must be met in order for a generator to qualify for exemptions from specified requirements of COMAR 26.13; and (2) Requirements that a generator must meet independently of those requirements that determine eligibility for a conditional exemption, with these independent requirements including: (a) Hazardous waste determination and record keeping requirements of Regulations .02, .02-1, and .02-2 of this chapter; (b) Determination of applicability of requirements of this chapter based on amounts of hazardous waste generated and amounts of hazardous waste accumulated, as specified in §§A-1 and A-2 of this regulation; (c) Requirements concerning EPA identification numbers and renotification in Regulations .03—.03-2 of this chapter; (d) Manifest requirements of Regulation .04 of this chapter; (e) Pre-transport requirements of Regulation .05 of this chapter; (f) Record keeping and reporting requirements of Regulation .06 of this chapter; and (g) Requirements of 40 CFR Part 262 Subpart H, concerning transboundary movements of hazardous waste for recovery and disposal. A-1. To determine the applicability of a provision of this chapter that depends on the amount of hazardous waste generated per calendar month, a person shall use the criteria of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste generated. A-2. Except as provided in §§J—L of this regulation, a person is subject to the requirements of this chapter if the person meets any of the following criteria: (1) Generates 100 kilograms or more of hazardous waste in a calendar month; (2) Accumulates, at any time, more than 100 kilograms of hazardous waste; (3) Generates in a calendar month or accumulates at any time more than 1 kilogram of acute hazardous waste as specified in COMAR 26.13.02.05C(1), (2), (6,) and (7); (4) Generates in a calendar month or accumulates at any time: (a) Any containers identified in COMAR 26.13.02.19C that are larger than 20 liters in capacity; (b) 10 kilograms or more of inner liners from containers identified in COMAR 26.13.02.19C; or (c) 100 kilograms or more of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or onto any land or water of any acute hazardous waste listed in COMAR 26.13.02.16—.19. A-3. Requirements for Maryland-defined Small Quantity Generators. (1) A person who does not meet any of the criteria in §A-2 of this regulation is referred to as a “Maryland-defined small quantity generator”. (2) A Maryland-defined small quantity generator is subject to the requirements of COMAR 26.13.02.05 rather than this chapter, except: (a) For the requirements of Regulations .05-3—.05-5 of this chapter, regarding episodic generation; and (b) As specified in COMAR 26.13.02.05; (3) A person's eligibility to operate under the requirements applicable to Maryland-defined small quantity generators under COMAR 26.13.02.05 may be determined on a month-to-month basis, based on the amounts of hazardous waste and acute hazardous waste that: (a) Are generated in a given month; and (b) Have been accumulated on site at any time during that month. (4) Renotification Requirements for Maryland-defined Small Quantity Generators. Except as provided in Regulation .03-1 of this chapter, a person in possession of an EPA identification number issued under Regulation .03B of this chapter is not required to notify the Department of a change in the person's generator status if the generator status changes as a result of the person either newly qualifying as a Maryland-defined small quantity generator or no longer qualifying as a Maryland-defined small quantity generator. However, if the person expects the new status to remain unchanged for an extended period, the person is encouraged to notify the Department of the change in status by completing EPA Form 8700-12 with current information and submitting the revised form to the Department. B. A generator who treats, stores, or disposes of hazardous wastes on-site shall comply with the following sections of this chapter with regards to that waste: (1) Requirements identified in §A(2) of this regulation; (2) If applicable, Regulation .07-4 of this chapter for farmers; (3) Regulations .03-3—.03-10 of this chapter, concerning accumulation of hazardous waste; and (4) Applicable requirements of §§C—J of this regulation. C. Any person who imports foreign hazardous waste into the State shall comply with the standards applicable to generators established in this chapter. D. A farmer who generates waste pesticides which are hazardous wastes and who complies with all of the requirements of Regulation .07-4 of this chapter is not required to comply with other standards in this chapter or COMAR 26.13.05, 26.13.06, 26.13.07, or 26.13.09 with respect to these pesticides. E. A person who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the compliance requirements and penalties prescribed in Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, if that person does not comply with the requirements of this chapter. F. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter. G. A generator of hazardous waste who treats, stores, or disposes hazardous waste on-site shall comply with the applicable standards and permit requirements of COMAR 26.13.05, 26.13.06, 26.13.07, and 26.13.09, but may be exempted from certain of these requirements under Regulation .03-4 of this chapter. H. A generator subject to regulation under this chapter shall also comply with the “Emergency Procedures” requirements of COMAR 26.13.05.04G(4). I. A generator subject to regulation under this chapter shall follow the notification requirements of Section 3010 of RCRA by complying with the requirements of Regulation .03A—C of this chapter, or, if applicable, Regulation .03F of this chapter. J. Persons responding to an explosives or munitions emergency in accordance with the following are not required to comply with the standards of this chapter: (1) COMAR 26.13.07.01A; and (2) Any of the following: (a) COMAR 26.13.05.01A(3)(h)(iv); (b) COMAR 26.13.05.01D(5) and (6); (c) COMAR 26.13.06.01A(4)(h)(iv); or (d) COMAR 26.13.06.01A(5)(b) and (c). K. A reverse distributor, as defined in COMAR 26.13.01.03B, is subject to COMAR 26.13.10.32—.49 instead of this chapter for the management of hazardous waste pharmaceuticals. L. A healthcare facility, as defined in COMAR 26.13.01.03B: (1) Shall determine whether the healthcare facility is subject to the provisions of COMAR 26.13.10.32—.49 for the management of hazardous waste pharmaceutical based on: (a) The total hazardous amount of waste that the healthcare facility generates each calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste; and (b) The criteria in COMAR 26.13.10.32E and F; and (2) Shall, if the healthcare facility is a very small quantity generator under federal regulations, as described in COMAR 26.13.03.01-1B, when counting all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, refer to COMAR 26.13.10.32D(1)(c) and (d) to determine the applicable requirements for managing the generator’s hazardous waste pharmaceuticals and non-pharmaceutical 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. #### Regulation .02 Hazardous Waste Determination — Generator's Obligations. *COMAR 26.13.03.02* A. A person who generates a solid waste, as defined in COMAR 26.13.02.02: (1) Shall: (a) Make an accurate determination as to whether that waste is a hazardous waste, with an “accurate determination” being a determination that allows the person to determine the requirements that are applicable to the waste and the generator of the waste under the provisions of COMAR 26.13.01—26.13.10 and federal hazardous waste regulations; and (b) Take into account, when the determination required by §A(1)(a) of this regulation is made, changes in the properties of the waste that are known or likely to occur before the ultimate disposition of the waste due to: (i) Exposure of the waste to the environment; or (ii) Other factors; (2) Shall, in complying with §A(1) of this regulation, make the determination for each solid waste: (a) At the point of waste generation before any dilution, mixing, or other alteration of the waste occurs; and (b) At any time in the course of the management of the waste when: (i) The properties of the waste have, or may have, changed as a result of exposure of the waste to the environment or because of other factors; and (ii) The change or potential change to the properties of the waste may cause a change to the classification of the waste made under §A(2)(a) of this regulation; (3) May, subject to the requirements of §A(4) of this regulation, designate the solid waste to be a hazardous waste if the person: (a) Assumes that the solid waste is a hazardous waste without having made a formal determination following the procedures in Regulation .02-1 of this chapter; or (b) Has decided to voluntarily designate and manage the solid waste as a hazardous waste despite a determination, using the procedures in Regulation .02-1 of this chapter, that the waste does not have to be managed as a hazardous waste; and (4) Shall, if the person has made the assumption that the waste is hazardous, as specified in §A(3)(a) of this regulation: (a) Determine whether the waste is an acute hazardous waste, as specified in Regulation .02-1 of this chapter; (b) Comply with the record keeping requirements of Regulation .02-2 of this chapter, if applicable; and (c) Identify all hazardous wastes numbers that may be associated with the waste, in accordance with the requirements of §D(1) of this regulation, if applicable. B. A person making the determination required by §A of this regulation shall: (1) Follow the procedures specified in Regulation .02-1 of this chapter in characterizing the waste; and (2) Unless the person qualifies as a Maryland-defined small quantity generator, comply with the record keeping requirements specified in Regulation .02-2 of this chapter. C. If the result of the determination required by §A of this regulation is that the waste is a hazardous waste, the generator of the waste shall refer to COMAR 26.13.02, 26.13.05, 26.13.06, 26.13.09, and 26.13.10 for possible exclusions or restrictions pertaining to management of the specific waste. D. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall: (1) Identify, for each hazardous waste generated, all hazardous waste numbers and EPA hazardous waste numbers, as specified in COMAR 26.13.02.11—.19, that apply to the hazardous waste; and (2) Comply with the record keeping requirements of Regulation .02-2 of this chapter. Agency Note: information from the complete determination of applicable hazardous waste numbers required by §D(1) of this regulation is needed in order to comply with the container marking requirements of Regulation .03-10 of this chapter. #### Regulation .02-1 Hazardous Waste Determination — Procedures. *COMAR 26.13.03.02-1* A. This regulation specifies procedures that a person shall follow in determining whether a solid waste is a hazardous waste, and establishes record keeping requirements with respect to hazardous waste determinations. B. In order to determine whether a solid waste is a hazardous waste, a person shall, in accordance with the requirements of §§C—D of this regulation: (1) Determine if the waste is excluded from regulation under COMAR 26.13.02.04—.04-5; (2) If the waste is not excluded from regulation under COMAR 26.13.02.04—.04-5: (a) Determine if the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19; and (b) Determine whether the waste exhibits any of the characteristics of hazardous waste specified in COMAR 26.13.02.10—.14. C. To determine if a waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, a person shall: (1) Use knowledge of the waste to determine if the waste meets any of the listing descriptions in COMAR 26.13.02.10—.14; and (2) Ensure that the information that the person uses in making the determination is sufficient to result in an accurate characterization that can serve as the basis for determining the management standards that apply, such as information on: (a) The origin of the waste; (b) Waste composition; (c) The process that produced the waste; (d) The feedstock for the process from which the waste is derived; and (e) Other reliable and relevant information. Agency Note: Even if the waste is listed as a hazardous waste, the generator still has an opportunity under 40 CFR 260.20 and 260.22 for a waste listed as hazardous by the federal government, and COMAR 26.13.01.04A and C for a Maryland-only listed waste, to demonstrate that the waste from the generator’s particular facility or operation does not meet the criteria for listing. However, the waste must be managed as a hazardous waste until a petition to delist the waste under these provisions is successful. D. Determining Whether a Waste Exhibits a Characteristic of Hazardous Waste. (1) To determine whether a waste exhibits a characteristic of hazardous waste, a person shall: (a) Apply knowledge of the characteristics of the waste in accordance with §D(2) of this regulation; (b) Test the waste in accordance with §D(3) of this regulation; or (c) Use a combination of both application of knowledge of the waste and testing of the waste. (2) In using knowledge of waste characteristics as the basis for determining whether a waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14, a person: (a) Shall apply knowledge of the hazard characteristics of the waste in light of the materials and the processes used to generate the waste; (b) Shall ensure that the information that the person uses in making the determination is sufficient to result in an accurate characterization that can serve as the basis for determining the management standards that apply, relying on such things as: (i) Process knowledge, such as information about the identities and properties of chemical feedstocks and other inputs to the production process and the transformations that occur as part of the process; (ii) Knowledge of products, by-products, and intermediates produced by the manufacturing process; (iii) Chemical or physical characteristics of wastes; (iv) Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; (v) Testing that illustrates the properties of the waste; or (vi) Other reliable and relevant information about the properties of the waste or its constituents; and (c) May use a test method other than a test method specified in COMAR 26.13.02.10—.14, or an equivalent test method approved by the Secretary under COMAR 26.13.01.04A and B, as part of the person’s knowledge if the person: (i) Understands that such tests, by themselves, do not provide definitive results; and (ii) Ensures that any testing that is performed is done on a representative sample as defined in COMAR 26.13.01.03B. (3) If available knowledge is insufficient to allow an accurate determination of whether a waste exhibits a characteristic of hazardous waste, a person required to characterize the waste shall: (a) Test the waste according to the applicable methods specified in COMAR 26.13.02.10—.14, or an equivalent test method approved by the Department under COMAR 26.13.01.04A and B; and (b) Perform the testing on a representative sample as defined in COMAR 26.13.01.03B. (4) The results from a properly performed test using a test method that is specified in COMAR 26.13.02.10—.14 are definitive for determining the regulatory status of the waste. (5) If a person who is required to characterize a waste concludes, based on the person’s knowledge of the characteristics of the waste, that the waste does not exhibit a characteristic of hazardous waste specified in COMAR 26.13.02.10—.14, but subsequent testing of a representative sample of the waste using a test method specified in COMAR 26.13.02.10—.14 shows the waste to exhibit a characteristic of hazardous waste, the person is subject to any liability that applies as a result of the person’s mischaracterization of the waste. #### Regulation .02-2 Hazardous Waste Determination — Record Keeping Requirements. *COMAR 26.13.03.02-2* A. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall maintain records that support the generator’s hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined by COMAR 26.13.02.03. B. Record Retention Period. (1) A generator who is required under §A of this regulation to maintain records of a hazardous waste determination shall maintain the records for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. (2) The period of record retention specified in §B(1) of this regulation is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. C. A person required to maintain records under §A of this regulation shall ensure that the records: (1) Comprise the generator’s knowledge of the waste and support the generator’s determinations made in accordance with Regulation .02-1B—D of this chapter; and (2) Include, at a minimum, the following types of information: (a) The results of any tests, sampling, waste analyses, or other determinations made in accordance with Regulations .02 and .02-1 of this chapter; (b) Records documenting the tests and sampling referenced in §C(2)(a) of this regulation, and information on analytical methods used to demonstrate the validity and relevance of such tests; (c) Records that were consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and (d) Records that explain the basis for the knowledge that the generator relied on in determining whether a waste exhibits a characteristic of hazardous waste, in accordance with Regulation .02-1D of this chapter. #### Regulation .03 EPA Identification Numbers — General Requirements for Generators. *COMAR 26.13.03.03* A. A generator may not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Department. B. A generator who has not received an EPA identification number may obtain one by applying to the Department using EPA Form 8700-12 or another form specified by the Department. C. Upon receiving a request for an EPA identification number, the Department will: (1) Assign an identification number to the generator; or (2) Inform the generator that an EPA identification number has previously been assigned to the site for which the generator is applying for a number, provide the previously assigned number to the generator, and instruct the generator to use the previously assigned number for the purposes of compliance with this chapter. D. In completing EPA Form 8700-12, a generator: (1) Shall determine the generator's federally defined hazardous waste generator category as specified in Regulation .01-1B—C of this chapter; and (2) May elect to identify on the form as being in a more stringently regulated category of generator than is actually the case based on the generator's current rate of hazardous waste generation, such as identifying as a large quantity generator when the generator's current rate of generation corresponds to the small quantity generator category. E. A generator may not offer the generator's hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. F. A recognized trader may not arrange for import or export of hazardous waste without having received an EPA identification number from the Department. G. Temporary EPA Identification Number. (1) A generator who is required to obtain an EPA identification number in order for a shipment of hazardous waste to be made from a particular location may apply to the Department for a temporary EPA identification number if the location has not previously been issued an EPA identification number or a temporary EPA identification number. (2) To obtain a temporary EPA identification number, a person shall contact the Department and provide the Department with any information that the Department considers to be relevant to the request for the temporary EPA identification number, including information on the site location, information about the generator, information about the waste, information about the person who will transport the waste, and information about the destination facility to which the waste will be sent. (3) If additional hazardous waste is generated at the site subsequent to the completion of shipment off site of the hazardous waste that necessitated issuance of a temporary EPA identification number for the site, the generator: (a) May not continue to use the temporary EPA identification number that had been issued for the site; and (b) Shall obtain an EPA identification number for the site as specified in §B of this regulation, unless the generator is otherwise excluded from the requirement to obtain an EPA identification number for the site. #### Regulation .03-1 Renotification. *COMAR 26.13.03.03-1* A. Periodic Renotification Requirement. Periodically, except as specified in §B of this regulation, the hazardous waste generator or the owner or operator associated with a site for which an EPA identification number has been issued shall file a renotification with the Department to provide current information about the generator and the site, as specified in §§C and D of this regulation. B. Exclusions. The renotification requirement of §A of this regulation does not apply with respect to a site: (1) With an EPA identification number that has been deactivated in accordance with Regulation .03-2 of this chapter, unless a person has initiated or resumed a hazardous waste activity at the site that requires an EPA identification number; or (2) For which only a temporary EPA identification number has been issued under Regulation .03G of this chapter. C. Initial Renotification. (1) Applicability. Except as provided in §B of this regulation, this initial renotification requirement applies with respect to each site with an EPA identification number where: (a) A person qualified as a fully regulated generator of hazardous waste, as defined in COMAR 26.13.01.03B, at any time during the period running from January 1, 2011 through December 31, 2020; or (b) As of December 31, 2020, the hazardous waste generator status was identified in the U.S. Environmental Protection Agency’s RCRAInfo data base as a federally-defined small quantity generator or a large quantity generator. (2) Initial Renotification Requirement. For a site identified in §C(1) of this regulation, the owner, the operator, and the hazardous waste generator associated with the site shall jointly ensure that one of them satisfies the renotification requirement of §A of this regulation by either: (a) Having submitted a biennial report of hazardous waste activity for 2019; or (b) Submitting, to the Department, by September 1, 2021, a subsequent notification of hazardous waste activity using EPA Form 8700-12. D. Subsequent Renotifications. (1) Applicability. Except as provided in §B of this regulation, a subsequent notification requirement applies with respect to each site with an EPA identification number where: (a) A person qualified as a fully regulated generator of hazardous waste, as defined in COMAR 26.13.01.03B, at any time during a 4-year period specified in §D(2) of this regulation; or (b) As of January 1 of the last calendar year of a 4-year period specified in §D(2) of this regulation, the hazardous waste generator status was identified in the U.S. Environmental Protection Agency’s RCRAInfo data base as a federally-defined small quantity generator or a large quantity generator. (2) Periods of Activity for Subsequent Renotifications. The subsequent renotification requirements of §D(1) and (3) of this regulation apply to the 4-year period that runs from September 1, 2021 to September 1, 2025 and to each successive 4-year period defined by adding whole number multiples of 4 years to these starting and ending dates. (3) Subsequent Renotification Requirements. For a site identified in §D(1) of this regulation, the owner, operator, and hazardous waste generator associated with the site shall jointly ensure that one of them satisfies the renotification requirement of §D(1) of this regulation by either: (a) Having submitted a biennial report of hazardous waste activity for the full odd-numbered year that falls in the 4-year period specified in §D(2) of this regulation, such as 2023 for the period September 1, 2021 to September 1, 2025; or (b) Submitting, to the Department, a subsequent notification of hazardous waste activity using EPA Form 8700-12 during the period that runs from January 1 to September 1 of the last calendar year of the 4-year period specified in in §D(2) of this regulation, such as 2025 for the period September 1, 2021 to September 1, 2025. #### Regulation .03-2 . Deactivation and Reactivation of an EPA Identification Number. *COMAR 26.13.03.03-2* A. Deactivation at the Request of the Holder of an EPA Identification Number. (1) If, at a site that has been issued an EPA identification number, no hazardous waste activity that requires possession of an EPA identification number is being conducted, the owner or the operator of the site may request that the Department deactivate the EPA identification number. (2) To request deactivation of an EPA identification number, a person shall: (a) Complete EPA Form 8700-12 with current information; (b) Indicate that the form is being submitted in order to deactivate the specific EPA identification number associated with the site because no hazardous waste activities that require an EPA identification number are being conducted at the site; and (c) Submit the completed form to the Department. (3) An EPA identification number that has been deactivated: (a) Will remain associated with the location to which it was assigned for tracking purposes in State and federal databases to indicate that hazardous waste activity has occurred at the site; and (b) Shall be reactivated in accordance with §C of this regulation if any activities that require an EPA identification number are conducted at the site subsequent to the deactivation. B. Deactivation on the Initiative of the Department. The Department may deactivate an EPA identification number on the Department’s own initiative if the Department determines that no activity that requires an EPA identification number is being conducted at the location associated with the EPA identification number, and no such activity is likely to be conducted for the foreseeable future. C. Reactivation. If a person initiates or resumes an activity that requires possession of an EPA identification number at a site at which the EPA identification number has been deactivated, the person shall request that the EPA identification number be reactivated by: (1) Completing EPA Form 8700-12 with current information; (2) Indicating on the form that the form is being submitted in order to reactivate the specific EPA identification number associated with the site; and (3) Submitting the completed form to the Department. #### Regulation .03-3 Satellite Accumulation Areas. *COMAR 26.13.03.03-3* A. Applicability. (1) This regulation establishes conditions under which a person may accumulate a limited quantity of hazardous waste in containers at or near the point of generation of the waste without having to: (a) Manage the area where the waste is being accumulated under the hazardous waste accumulation requirements of Regulations .03-4—.03-10 of this chapter, except as otherwise specified in this regulation; (b) Obtain a CHS permit issued under COMAR 26.13.07 for the area in which the hazardous waste is being accumulated; or (c) Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the area where the hazardous waste is being accumulated. (2) A hazardous waste management area referred to in §A(1) of this regulation is known as a satellite accumulation area. B. Eligible Locations. A location is only eligible to be used as a satellite accumulation area for hazardous waste if the location is: (1) At or near a point of generation where the waste initially accumulates; and (2) Under the control of the operator of the process generating the waste. C. Satellite Accumulation Area Waste Removal Triggers. (1) If a person accumulates more than the following amounts of hazardous waste in a satellite accumulation area, the person shall take the actions specified in §D of this regulation with respect to that waste: (a) 55 gallons of nonacute hazardous waste; or (b) Acute hazardous waste in excess of: (i) 1 quart of liquid acute hazardous waste; (ii) Either 1 kilogram of solid acute hazardous waste or 1 quart of solid acute hazardous waste, at the discretion of the person who is accumulating the waste; or (iii) 1 kilogram of any combination of solid and liquid acute hazardous waste. (2) If a waste removal trigger has been reached in a satellite accumulation area for nonacute hazardous waste but not for acute hazardous waste, or vice versa, the actions specified in §D of this regulation are only required for the waste for which the waste removal trigger has been exceeded. D. Actions Required if a Waste Removal Trigger is Exceeded. (1) The requirements of this section apply separately to containers of acute hazardous waste and containers of nonacute hazardous waste. (2) Upon accumulation in a satellite accumulation area of an amount of hazardous waste that exceeds a quantity specified in §C(1) of this regulation, the generator of the waste shall: (a) Immediately mark each container of hazardous waste that is contributing to the exceedance with the date on which the exceedance occurred; and (b) If the generator begins using an additional container for the accumulation of hazardous waste in the satellite accumulation area, contributing to the exceedance of the waste removal trigger, before the actions required by §D(3) of this regulation are taken, the generator shall mark the container with the date identified in §D(2)(a) of this regulation. (3) Not later than the end of the third day after the date of exceedance identified in §D(2)(a) of this regulation, the generator shall either: (a) Begin operating the satellite accumulation area as a hazardous waste accumulation area in accordance with the requirements of Regulation .03-4 of this chapter; or (b) Remove all waste required to have been marked with the date of exceedance from the satellite accumulation area and transfer it to: (i) A hazardous waste accumulation area operated in accordance with the requirements of Regulation .03-4 of this chapter; (ii) An on-site interim status or permitted hazardous waste treatment, storage, or disposal facility; or (iii) An off-site designated facility authorized to accept the waste. E. Management Standards. (1) The generator of a hazardous waste that is being managed in a satellite accumulation area shall ensure that the waste is managed in accordance with the requirements of this section. If the generator fails to do so, then, during the period of noncompliance, the generator will lose the exemption from the requirement to have a CHS permit or interim status, and may be subject to enforcement action for operating a CHS facility without a permit or interim status authorization. (2) Container Standards. (a) The generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired. (b) If a container of hazardous waste in a satellite accumulation area is not in good condition, or if it begins to leak, the generator shall immediately: (i) Transfer the hazardous waste from the container to a container that is in good condition and that does not leak; or (ii) Transfer the hazardous waste to a hazardous waste accumulation area operated in compliance with the requirements of Regulation .03-4 of this chapter. (3) Special Standards for Incompatible Wastes. A person: (a) May not place incompatible wastes, or incompatible wastes and materials, examples of which are found in COMAR 26.13.05.24, in the same container unless the requirements of COMAR 26.13.05.02H(2) are met; (b) May not place hazardous waste in an unwashed container that previously held an incompatible waste or material unless the requirements of COMAR 26.13.05.02H(2) are met; and (c) Shall ensure that a container that holds hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers is separated from the other materials or protected from them by any practical means. (4) A container holding hazardous waste shall be kept closed at all times during accumulation except when: (a) Adding, removing, or consolidating waste; or (b) Temporary venting of the container is necessary: (i) For the proper operation of equipment; or (ii) To prevent dangerous situations, such as the buildup of extreme pressure. (5) The generator shall mark or label a container that is being used to accumulate hazardous waste with (a) The words “Hazardous Waste”; and (b) An indication of the hazards of the contents of the container, with the marking or label communicating the hazards by: (i) Listing the hazardous waste characteristic or characteristics that the waste exhibits; (ii) Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); (iii) Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; (iv) Providing a chemical hazard label consistent with the National Fire Protection Association code 704; or (v) Some other method that is at least as effective as any of the methods listed in §E(5)(b)(i)—(iv) of this regulation. (6) The generator shall ensure that the satellite accumulation area is operated in accordance with the: (a) Preparedness and prevention requirements of Regulation .03-5C of this chapter; and (b) Contingency plan and emergency procedure requirements of Regulation .03-5D and E of this chapter. #### Regulation .03-4 Accumulation of Hazardous Waste — Exemption from Permit Requirement. *COMAR 26.13.03.03-4* A. General. (1) Except as specified in §A(2) of this regulation, this regulation and Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter specify requirements with which a person subject to this chapter shall comply in order for the person to be allowed to temporarily accumulate hazardous waste on-site without having met the requirement to either: (a) Obtain a CHS permit issued under COMAR 26.13.07 for the unit in which the hazardous waste is being managed; or (b) Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the unit in which the hazardous waste is being managed. (2) The requirements specified in this regulation and Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter do not apply to the management of hazardous waste: (a) In a satellite accumulation area in accordance with the requirements of Regulation .03-3 of this chapter; or (b) In accordance with the alternative standards for episodic generation events in Regulations .05-3—.05-5 of this chapter. (3) A person who fails to comply with a requirement of this regulation, Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, or Regulations .05-1—.05-2 of this chapter while accumulating hazardous waste: (a) Shall, while out of compliance, lose the exemption from the requirement to have a CHS permit or be operating under interim status authority; and (b) May be subject to enforcement action for operating a CHS facility without a permit or having qualified for interim status. (4) A person who is accumulating hazardous waste without a permit or without having qualified for interim status under the exemption provided by this regulation shall, before the time limit specified in §C of this regulation is exceeded: (a) Ship the waste to an off-site facility permitted or authorized to accept it; (b) Place the waste in an on-site permitted hazardous waste management unit; or (c) Otherwise arrange for final disposition of the waste in accordance with State and federal regulations regarding hazardous waste management. B. Types of Waste Management Units Authorized for Accumulation of Hazardous Waste. A person may accumulate hazardous waste under the exemption from permit requirements provided by this regulation: (1) In containers, as specified in Regulation .03-6 of this chapter; (2) In tanks, as specified in Regulation .03-7 of this chapter; (3) On drip pads, as specified in Regulation .03-8 of this chapter, if the waste is drippage from a wood preserving process, precipitation, or surface water run-on; or (4) In a containment building, as specified in Regulation .03-9 of this chapter. C. Limits on Time of Accumulation of Hazardous Waste. A person may accumulate a hazardous waste on site for no more than 90 days, unless: (1) The generator has been granted an extension on accumulation time by the Department, in accordance with §D of this regulation; (2) The waste is being managed in a satellite accumulation area under the provisions of Regulation .03-3 of this chapter; (3) The waste is being managed in a container or a tank by a person who qualifies for an additional 90 days of accumulation time under the provisions of §D(2) of this regulation, for a maximum accumulation limit of 180 days, by being a person who: (a) Either: (i) Meets the federal definition of a small quantity generator; or (ii) Does not qualify as a Maryland-defined small quantity generator under Regulation .01A-3(1) of this chapter, and meets the federal definition of a very small quantity generator; (b) Never accumulates more than: (i) 1,000 kilograms of hazardous waste; and (ii) 1 kilogram of acute hazardous waste; and (c) Does not receive hazardous waste from an off-site generator under the provisions of Regulation .03-11 of this chapter; (4) The waste is being managed in a unit that has: (a) Been approved for management of the waste under the terms of a CHS permit; or (b) Qualified for interim status; or (5) The waste is being managed under the provisions for an episodic generation event in Regulations .05-3—.05-5 of this chapter. D. Allowance for Accumulation of Hazardous Waste for Additional Periods of Time. (1) The Department may grant an extension of up to 30 days to the 90-day accumulation time limit of §C of this regulation or the 180 day accumulation time limit of §D(2) of this regulation if the Department determines that an extension is necessary due to temporary, unforeseen, and uncontrollable circumstances. (2) A generator who meets the criteria in §C(3) of this regulation may accumulate hazardous waste for up to 90 days beyond the 90 day limit specified in §C of this regulation. E. In order to be eligible for the exemption from permitting and interim status requirements with respect to accumulation of hazardous waste identified in §A of this regulation, a person shall comply with all requirements of this regulation and Regulations .03-5—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter. #### Regulation .03-5 General Requirements for Persons Accumulating Hazardous Waste. *COMAR 26.13.03.03-5* A. Except as provided in Regulation .03-4A(2) of this chapter, a person who is accumulating hazardous waste without authorization provided by a permit or interim status, or under the exclusions applicable to Maryland-defined small quantity generators shall comply with all provisions of this regulation. B. Personnel Training. The generator of a hazardous waste that is being accumulated: (1) Shall: (a) Implement a personnel training program that meets the requirements of COMAR 26.13.05.02G, as modified by §B(1)(b), (2) and (3) of this regulation; and (b) Ensure that the training program is designed to teach facility personnel how to: (i) Perform their duties in a way that ensures compliance with State and federal regulations regarding hazardous waste management; and (ii) Respond effectively and appropriately to emergencies that may involve hazardous waste; (2) May implement the personnel training program required by §B(1) of this regulation through a program of online training, classroom instruction, on-the-job training, or all of these; and (3) Is not required to provide separate emergency response training to facility personnel who receive emergency response training in accordance with the requirements of 29 CFR §1910.120(p)(8) and 29 CFR §1910.120(q) if the overall training program otherwise meets the requirements of §B(1) and (2) of this regulation. C. Preparedness and Prevention. (1) Except as provided in §C(2) of this regulation, a person subject to this regulation: (a) Shall: (i) Ensure that, for each area at a site where hazardous waste is generated or accumulated, the requirements of COMAR 26.13.05.03 for preparedness and prevention at a hazardous waste facility are met; and (ii) Maintain records documenting arrangements made with local emergency response agencies required by COMAR 26.13.05.03H, or, in cases where such arrangements do not exist, documenting attempts that were made to make such arrangements; and (b) May determine the most appropriate locations within the facility to locate equipment necessary to prepare for and respond to emergencies. (2) A person is not required to have a particular kind of equipment specified in COMAR 26.13.05.03C at a given location at a site if the person can demonstrate to the Department that, for safety reasons, the location does not lend itself to having the particular kind of equipment. D. Contingency Plan and Emergency Procedures. (1) Except as provided in §D(2) of this regulation, a person subject to this regulation shall comply with the requirements of COMAR 26.13.05.04B—G. (2) A hazardous waste generator is exempt from the requirement of COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan, and the requirements of §E of this regulation regarding a quick reference guide for emergency responders if the generator: (a) Meets the federal definition of a small quantity generator; and (b) Does not receive hazardous waste from an off-site Maryland-defined small quantity generator under the provisions of Regulation .03-11 of this chapter. (3) In addition to submitting a copy of the contingency plan to the persons identified in COMAR 26.13.05.04D(2), the generator may also submit the plan to a local emergency planning committee, as appropriate. E. Quick Reference Guide for Emergency Responders. (1) Except for persons identified in §D(2) of this regulation, a generator shall, by the deadline specified in §E(3) of this regulation, submit a quick reference guide for emergency responders that meets the requirements of this section. (2) The generator shall submit the quick reference guide to: (a) All local emergency responders who may be called upon to provide emergency services, such as police departments, fire departments, hospitals, and State and local emergency response teams; or (b) As appropriate, a local emergency planning committee. (3) Deadlines for Submission. (a) A person who was accumulating hazardous waste under the provisions of Regulation .03-4 of this chapter before December 1, 2021 shall distribute the quick reference guide in accordance with §E(1) of this regulation when the generator first amends the generator’s contingency plan after December 1, 2021; and (b) A person who begins accumulating hazardous waste under the provisions of Regulation .03-4 of this chapter on or after December 1, 2021 shall have distributed the quick reference guide before having begun the accumulation of hazardous waste. (4) The generator shall include the following in the quick reference guide: (a) Identification, in layman’s terms, of the types or names of hazardous wastes being managed, such as “toxic paint waste”, “spent ignitable solvent”, or “corrosive acid”; (b) The maximum amount of hazardous waste that may be present at any time; (c) Identification of any hazardous waste for which an exposure to the waste would require unique or special treatment by medical or hospital staff; (d) A map of the facility that shows where hazardous wastes are generated, accumulated, and treated, and routes for accessing these wastes; (e) A street map that shows the location of the facility in relation to surrounding businesses, schools, and residential areas, with sufficient detail to allow emergency response personnel to determine how best to: (i) Get to the facility; and (ii) Evacuate citizens and workers; (f) The locations and capacities of sources of water supply, such as fire hydrants and their flow rates; (g) Identification of on-site emergency notification systems, such as smoke alarms or a fire alarm that rings off-site; and (h) The name of each emergency coordinator and the telephone number at which each emergency coordinator can be reached at any time, or, if the facility continuously has an emergency coordinator on duty, the telephone number at which the on-duty emergency coordinator can be reached. (5) Revisions. The generator shall: (a) Update, if necessary, the quick reference guide to the contingency plan whenever the generator amends the contingency plan; and (b) Submit the revised contingency plan and quick reference guide to the persons identified in §E(2) of this regulation. F. Status of Recovered Material Following an Emergency. Unless the generator can demonstrate, in accordance with COMAR 26.13.02.03C and D and COMAR 26.13.02.04-1 that material recovered following an emergency is not a hazardous waste, then the recovered material is a newly generated hazardous waste, and the generator shall manage the waste in accordance with all applicable requirements and conditions of this chapter, COMAR 26.13.04, and COMAR 26.13.06. #### Regulation .03-6 Requirements for Accumulation of Hazardous Waste in Containers. *COMAR 26.13.03.03-6* A. Except as provided in §B of this regulation, a hazardous waste generator who is accumulating hazardous waste in a container without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10 of this chapter. B. The requirements of this regulation do not apply to a container being managed in accordance with the requirements for satellite accumulation areas in Regulation .03-3 of this chapter. C. Condition of Containers. If a container holding hazardous waste is not in good condition, or if a container holding hazardous waste begins to leak, the generator shall immediately: (1) Transfer the hazardous waste from the container to a container that is in good condition; or (2) Manage the waste in some other way that complies with the requirements identified in Regulation .03-4 of this chapter. D. Compatibility of Waste with Container. The generator shall use a container made of or lined with materials that do not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired. E. Management of Containers. The generator shall ensure that a container holding hazardous waste: (1) Is always closed during storage, except when it is necessary to add or remove waste; and (2) Is not opened, handled, or stored in a manner that may rupture the container or cause it to leak. F. Inspections. The generator shall: (1) Inspect each area where a container is stored, at least weekly, looking for leaks and for deterioration of containers and the containment system caused by corrosion or other factors; and (2) Maintain an inspection log or summary in accordance with the following: (a) The log or summary documents inspections performed in accordance with §F(1) of this regulation; (b) The log or summary includes the date and time of each inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs made or other remedial actions taken; and (c) The generator keeps the log on file for a minimum of 3 years from the date of inspection. G. Special Conditions for Accumulation of Ignitable Waste and Reactive Waste. The generator shall: (1) Ensure that all containers holding ignitable waste or reactive waste are located at least 15 meters (50 feet) from the facility’s property line unless the generator: (a) Has obtained a written approval from the authority having jurisdiction over the local fire code allowing ignitable or reactive waste to be accumulated within the restricted area; or (b) Qualifies for the exemption from this requirement under Regulation .01-1D(3) of this chapter that is available to certain persons who qualify as a federally-defined small quantity generator; (2) Maintain a record of the written approval required by §G(1)(a) of this regulation for as long as the ignitable or reactive waste is accumulated in the otherwise-restricted area; and (3) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by complying with the requirements of COMAR 26.13.05.03G. H. Special Conditions for Accumulation of Incompatible Wastes. The generator shall comply with the requirements of COMAR 26.13.05.09G. I. Containment. The generator shall ensure that each area in which hazardous waste is being accumulated in containers meets the requirements of COMAR 26.13.05.09H. J. Air Emission Standards. The generator shall comply with all applicable requirements of Subparts AA, BB, and CC of 40 CFR Part 265 unless the generator qualifies for the exemption that is available under Regulation .01-1D(4) of this chapter to certain persons who qualify as a federally-defined small quantity generator. #### Regulation .03-7 Requirements for Accumulation of Hazardous Waste in Tanks. *COMAR 26.13.03.03-7* A. A hazardous waste generator who is accumulating hazardous waste in a tank without authorization provided by a permit or interim status shall comply with all provisions of this regulation and the requirements of Regulation .03-10B of this chapter. B. A person subject to this regulation shall: (1) Comply with the requirements of: (a) COMAR 26.13.05.10A and C—E, .10-1, .10-2, .10-6A, and COMAR 26.13.06.18D(1)—(3); (b) COMAR 26.13.05.10-3B, except that the person need not obtain approval by the Department of the written assessment required by COMAR 26.13.05.10-3B(1) before managing hazardous waste in the tank system; (c) COMAR 26.13.05.10-4; and (d) All applicable requirements of Subparts AA, BB, and CC of 40 CFR Part 265 unless the generator qualifies for the exemption that is available under Regulation .01-1D(4) of this chapter to certain persons who qualify as a federally-defined small quantity generator. (2) Inspect overfill controls at least once each operating day; (3) Maintain an inspection log or summary in accordance with the following: (a) The log or summary documents inspections performed in accordance with §B(2) of this regulation and COMAR 26.13.05.10D; (b) The log or summary includes the date and time of each inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs made or other remedial actions taken; and (c) The generator keeps the log on file for a minimum of 3 years from the date of inspection; (4) Use inventory logs, monitoring equipment, or other records to demonstrate that: (a) If using a batch process, hazardous waste has been emptied within 90 days of first entering the tank or by an alternate deadline established under Regulation .03-4C(1) or C(3) of this chapter; and (b) If using a continuous flow process, the volumes of hazardous waste that are estimated to be entering the tank each day are exiting the tank within 90 days of first entering the tank or by an alternate deadline established under Regulation .03-4C(1) or C(3) of this chapter; (5) Keep inventory logs or records with the information required by §B(4) of this regulation on site and available for inspection; (6) Submit to the Department, by the deadline specified in §B(7) of this regulation, the following information for each tank being used to accumulate hazardous waste: (a) Date of installation of the tank, or, if the date of installation is unknown, the age of the facility; (b) Tank capacity; (c) Secondary containment capacity; (d) Whether the tank is an above-ground tank, on-ground tank, in-ground tank, or underground tank; (e) For underground tanks, whether the tank can be entered for inspection; and (f) Waste code of each waste managed in the tank; and (7) Provide the information required by §B(6) of this regulation by the following deadlines: (a) For an existing tank system, as defined in COMAR 26.13.01.03B by January 1, 1994; (b) For a new tank system, as defined in COMAR 26.13.01.03B, before the tank is used to manage hazardous waste. #### Regulation .03-8 Requirements for Accumulation of Hazardous Waste on Drip Pads. *COMAR 26.13.03.03-8* A. A hazardous waste generator who is accumulating hazardous waste on a drip pad without authorization provided by a permit or interim status shall comply with all provisions of this regulation. B. If hazardous waste is placed on a drip pad, the generator shall: (1) Manage the waste in accordance with the requirements of COMAR 26.13.05.17-1—.17-4; (2) Remove all wastes from the drip pad at least once every 90 days; (3) Manage any waste removed from the drip pad by: (a) Accumulating the waste for no more than 90 days in containers, tanks, or a containment building in accordance with the requirements of Regulation .04-1 of this chapter; (b) Managing the waste in accordance with the requirements for satellite accumulation areas in Regulation .03-3 of this chapter; (c) Shipping the waste to an off-site facility permitted or authorized to accept it; (d) Placing the waste in an on-site permitted hazardous waste management unit; or (e) Otherwise arranging for final disposition of the waste in accordance with State and federal regulations regarding hazardous waste management. (4) Maintain, at the facility, the following records readily available for inspection: (a) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad, the sump, and the collection system at least once every 90 days; and (b) Documentation, for each waste removal, of the date, the time, and the quantity of waste removed from the drip pad, the sump, and the collection system; and (5) Notify the Department in writing of the intent to close the drip pad at least 45 days before closure begins. #### Regulation .03-9 Requirements for Accumulation of Hazardous Waste in Containment Buildings. *COMAR 26.13.03.03-9* A. A hazardous waste generator who is accumulating hazardous waste in a containment building without authorization provided by a permit or interim status shall comply with all provisions of this regulation. B. If hazardous waste is placed in a containment building, the generator shall: (1) Manage the waste in accordance with the requirements of COMAR 26.13.05.18—.18-3; (2) Label the containment building with the words “Hazardous Waste” in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, and other persons on site; (3) Provide, in a conspicuous place, a label or signage that: (a) Indicates the hazards of the waste that is being accumulated; (b) Communicates the hazards associated with the waste by: (i) Listing the hazardous waste characteristic or characteristics that the waste exhibits; (ii) Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); (iii) Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; (iv) Providing a chemical hazard label consistent with the National Fire Protection Association Code 704; or (v) Some other method that is at least as effective as one of the methods listed in §B(3)(b)(i)—(iv) of this regulation; (4) Before accumulating hazardous waste in the unit, obtain and place in the facility’s operating record a certification by a qualified registered professional engineer that the containment building design meets the requirements of COMAR 26.13.05.18-1; and (5) Maintain records at the facility documenting that hazardous waste is not accumulated in the containment building for periods of accumulation longer than 90 days, with the records: (a) Being generated by use of inventory logs, monitoring equipment, or another equally effective means; (b) Consisting of either: (i) Documentation that the containment building is emptied at least once every 90 days; or (ii) A written description of the procedures that are followed to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices at the facility that shows these practices are consistent with respecting the 90-day limit, and documentation demonstrating that the procedures have been followed; and (c) Being readily available for inspection. #### Regulation .03-10 Labeling and Marking of Containers and Tanks. *COMAR 26.13.03.03-10* A. Containers. A person accumulating hazardous waste in a container shall mark or label the container with: (1) The words “Hazardous Waste”; (2) An indication of the hazards of the contents of the container, with the marking or label communicating the hazards by: (a) Listing each hazardous waste characteristic of those identified in COMAR 26.13.02.11—.14 that the waste exhibits; (b) Providing hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); (c) Providing a hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; (d) Providing a chemical hazard label consistent with the National Fire Protection Association Code 704; or (e) Some other method that is at least as effective as any of the methods listed in §A(2)(a)—(d) of this regulation; and (3) The date upon which each period of accumulation begins, with the date clearly visible for inspection. B. Tanks. A person accumulating hazardous waste in a tank shall mark or label the tank with: (1) The words “Hazardous Waste”; and (2) An indication of the hazards of the contents of the tank, with the marking or label communicating the hazards by one of the methods identified in §A(2)(a)—(e) of this regulation. #### Regulation .03-11 Consolidation of Waste Received from Maryland-Defined Small Quantity Generators and Others. *COMAR 26.13.03.03-11* A. Purpose. This regulation establishes conditions under which a person may accept hazardous waste from an off-site generator who is under the control of the person: (1) Without having to obtain a hazardous waste storage facility permit under COMAR 26.13.05 and COMAR 26.13.07, or having to qualify as an interim status storage facility under COMAR 26.13.06; (2) Without having to comply with requirements of Chapters .05—.07 of this subtitle and 40 CFR Part 268 to which facilities are subject if they hold a hazardous waste storage facility permit or operate as a hazardous waste storage facility under interim status; and (3) Without having to comply with the notification requirements of Section 3010 of RCRA that apply to facilities that require a hazardous waste storage facility permit or authorization to operate a hazardous waste storage facility under interim status. B. Scope. This regulation conditionally authorizes a person to accept, at a site of hazardous waste generation, hazardous waste from an off-site generator for consolidation, if: (1) The generator associated with the point of consolidation and the off-site generator are under the control of the same person, subject to the following: (a) “Person” has the meaning given by the definition in COMAR 26.13.01.03B; and (b) For the purposes of this regulation, “control”: (i) Means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise; and (ii) Does not include the situation where a contractor operates a proposed site of consolidation and an off-site generator facility on behalf of a different person; (2) The generator from whom the waste is being accepted is located: (a) In Maryland and is regulated as a Maryland-defined small quantity generator; (b) Outside of Maryland, located in a jurisdiction in which the U.S. Environmental Protection Agency is the primary implementing authority of the hazardous waste regulatory program, and qualifies as a very small quantity generator as defined in 40 CFR §260.10; or (c) Outside of Maryland and is: (i) Classified by the state or other implementing authority as being in a category that is equivalent to the federal very small quantity generator category; and (ii) Allowed, under the regulations of the implementing authority, to send hazardous waste to the Maryland point of consolidation; (3) The generator at the site that is accepting the off-site waste does not take advantage of any of the exemptions that are identified in Regulation .01-1D of this chapter that are available to generators who qualify as a small quantity generator under federal regulations; and (4) The requirements of §§C—E of this regulation are met. C. Notification. A generator who wishes to accept hazardous waste from an off-site generator, as allowed under §§A—B of this regulation, shall: (1) Notify the Department: (a) At least 30 days before receiving the first shipment of hazardous waste from the off-site generator; and (b) Using EPA Form 8700-12, unless the Department specifies an alternate method; (2) As part of the notification, identify the name and the address of each off-site generator from whom hazardous waste will be accepted; and (3) Submit an updated notification to the Department within 30 days after a change in the name or in the site address of an off-site generator from whom hazardous waste is accepted under this regulation, using EPA Form 8700-12 unless the Department specifies an alternate method. D. Record Keeping. A generator who accepts hazardous waste from an off-site generator under this regulation shall: (1) Maintain a record of each shipment received from off-site for 3 years from the date the hazardous waste was received from the off-site generator; (2) Include in the record of each shipment received: (a) The name, site address, and contact information for the off-site generator; and (b) A description of the hazardous waste received, along with information on the quantity of waste and the date received. E. Waste Management Requirements. A generator who accepts hazardous waste from off-site under this regulation shall, in managing that waste: (1) Comply with the requirements of this chapter that apply to a hazardous waste generator independently of any conditional exemptions, as specified in Regulation .01A(2) of this chapter; (2) Comply with the requirements of Regulations .03-4—.03-11 of this chapter, Regulation .05E of this chapter, and Regulations .05-1—.05-2 of this chapter, consistent with the limitation in §B(3) of this regulation that prevents a person from taking advantage of certain exemptions available to persons who qualify as a small quantity generator under federal regulations; and (3) For the purposes of the labeling and marking requirements of Regulations .03—.10 of this chapter, label the container or unit with: (a) The date that the waste was received from the off-site generator as the date on which accumulation started; or (b) If the generator is consolidating waste from the off-site generator with the generator’s own waste, or with hazardous waste from other off-site generators, label the container or unit with the starting date for accumulation as the earliest of the following dates: (i) The earliest date of receipt of any of the off-site waste that has been consolidated in the container or unit; or (ii) The start date of waste accumulation in the generator’s container or unit into which the off-site waste is being consolidated. #### Regulation .04 The Manifest. *COMAR 26.13.03.04* A. General Requirements. (1) A generator who transports, or offers for transport, hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility who offers for transport a rejected hazardous waste load: (a) Shall prepare a manifest (OMB control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A; or (b) May, instead of using the manifest forms specified in §A(1)(a) of this regulation, prepare and use an electronic manifest if the person complies with the requirements of: (i) Section E-1 of this regulation for use of electronic manifests; and (ii) 40 CFR §3.10 for the reporting of electronic documents to EPA. (2) A generator shall designate on the manifest one facility which is permitted to handle the waste described on the manifest. (3) A generator may also designate on the manifest one alternate facility which is permitted to handle the generator’s waste if an emergency prevents delivery of the waste to the primary designated facility. (4) A generator whose manifest for an interstate shipment has not been returned to the generator within the prescribed time of 45 days shall give notice of that to the: (a) State in which the designated facility is located; (b) State in which the shipment may have been delivered, or to the EPA in the case of an unauthorized state; and (c) Department. (5) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste. (6) Contiguous Property. (a) The requirements of this regulation and Regulation .05C(2) of this chapter do not apply to the transport on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if this contiguous property is divided by a public or private right-of-way. (b) Notwithstanding COMAR 26.13.04.01A(1), the generator or transporter shall comply with the requirements for transporters in COMAR 26.13.04.03 in the event of a discharge of hazardous waste on a public or private right-of-way. B. Manifest Printing — Requirements for Registrants. (1) General Requirements. (a) In this section, the following terms have the meanings indicated: (i) “Registrant” means a person that seeks approval to print, or have printed, the manifest for use or distribution; and (ii) “Approved registrant” means a person that has received approval from the EPA Director of the Office of Resource Conservation and Recovery or other authorized EPA official to print, or have printed, the manifest for use or distribution. (b) A registrant may not print, or have printed, the manifest for use or distribution unless the registrant has received approval from the EPA Director of the Office of Resource Conservation and Recovery or other authorized EPA official to do so. (2) Approval Process for Registrants. (a) EPA implements the program of review and approval of requests to print, or have printed, the manifest for use or distribution. (b) A person who seeks to print, or have printed, the manifest for use or distribution shall apply to the EPA to become an approved registrant, following the procedures and subject to the requirements in 40 CFR §262.21(a)—(f) and 40 CFR A§262.21(h)—(m). (c) EPA is the implementing authority for the requirements referenced in §B(2)(b) of this regulation and does not delegate this authority to states. In complying with §B(2)(b) of this regulation, the person shall comply with the referenced requirements in 40 CFR §262.21 as written, rather than substituting “the Department” for “EPA”. C. Obtaining Manifests and Information on State Requirements. (1) A generator may use manifests printed by any source that has received approval from EPA to print the manifest under the provisions of 40 CFR §262.21(c) and (e). (2) Examples of entities that may be approved by the EPA to be a source of manifests include state agencies, commercial printers, hazardous waste generators, hazardous waste transporters, hazardous waste treatment, storage, and disposal facilities, and hazardous waste brokers or other persons who prepare or arrange shipments of hazardous waste for transportation. (3) The generator shall determine whether the generator state or the consignment state for a shipment: (a) Regulates any additional wastes beyond those federally regulated as hazardous wastes under the states' authorized hazardous waste regulatory programs; and (b) Requires the generator to submit any copies of the manifest to these states. D. Number and Distribution of Copies. (1) The manifest consists of five preprinted copies and the additional number of photocopies needed so that copies can be distributed as described in §D(2) of this regulation. (2) Manifest copies shall be distributed as follows: (a) The generator shall retain one copy, in accordance with Regulation .06A(1) of this chapter; (b) Each transporter shall retain one copy in accordance with COMAR 26.13.04.02C, reproducing the preprinted form if necessary; (c) The designated facility shall retain one copy in accordance with COMAR 26.13.05.05B; (d) The designated facility shall forward copies as indicated on the manifest to the: (i) Generator; and (ii) Electronic manifest system, in accordance with COMAR 26.13.05.05B if the designated facility is located in Maryland, or in accordance with 40 CFR §264.71(a)(2)(v)(B) if the designated facility is not located in Maryland; and (e) The generator, in accordance with §E(1) and (2) of this regulation: (i) Shall forward a legible photocopy of the manifest to the consignment state if the consignment state is other than Maryland and the consignment state requires the generator to submit a copy of the manifest; and (ii) Is not required to submit a copy of the manifest to the Department. E. Use of the Manifest. (1) The generator shall: (a) Sign the manifest certification by hand; (b) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and (c) Retain one copy, in accordance with Regulation .06A(1) of this chapter. (2) The generator shall forward a legible photocopy of the manifest to the consignment state if the consignment state: (a) Is a state other than Maryland; and (b) Requires the generator to submit a copy of the manifest. (3) The generator shall give the transporter the remaining copies of the manifest. (4) For shipment of hazardous waste within the United States solely by water (bulk shipments only), the generator shall send three copies of the manifest dated and signed in accordance with this regulation to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter. (5) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least three copies of the manifest dated and signed in accordance with this section to the: (a) Next nonrail transporter, if any; (b) Designated facility if transported solely by rail; or (c) Last rail transporter to handle the waste in the United States if exported by rail. (6) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that: (a) The owner or operator of the designated facility agrees to sign and return the manifest to the generator; and (b) Any out-of-State transporter signs and forwards the manifest to the designated facility. (7) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility in accordance with the requirements of COMAR 26.13.05.05C, COMAR 26.13.06.05A, or analogous regulations effective in the state in which the destination facility is located, the generator shall: (a) Sign either: (i) Item 20 of the new manifest if a new manifest is used for the returned shipment; or (ii) Item 18c of the original manifest if the original manifest is used for the returned shipment; (b) Provide the transporter with a copy of the manifest; (c) Within 30 days of delivery of the rejected shipment or container residues contained in the non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and (d) Retain at the generator's site a copy each manifest for at least 3 years from the date of delivery. E-1. Use of the Electronic Manifest. (1) Legal Equivalence to Paper Manifests. For the purposes of COMAR 26.13.01—.10: (a) An electronic manifest that is obtained, completed, and transmitted in accordance with §A(1)(b) of this regulation, and used in accordance with this section instead of using EPA Forms 8700-22 and 8700-22A, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest; (b) A requirement to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of §E-2 of this regulation; (c) A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the electronic manifest system; (d) A requirement for a generator to keep or retain a copy of a manifest is satisfied by retention of a signed electronic manifest in the generator's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and (e) If a generator is unable to produce an electronic manifest for inspection in accordance with §E-1(1)(d) of this regulation, the generator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility. (2) Accessing the Electronic Manifest System. A generator may participate in the electronic manifest system either by accessing the electronic manifest system from the generator's own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator's site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation. (3) Restriction on Use of Electronic Manifests. (a) Except as provided in §E-1(3)(b) of this regulation, a generator may use an electronic manifest for the tracking of waste shipments involving any hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest. (b) A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, instead of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically. (4) Requirement for One Printed Copy. To the extent that the U.S. Department of Transportation hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR §177.817, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest. (5) Special Procedures When the Electronic Manifest System Is Unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason before the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator shall: (a) Obtain and complete a paper manifest and, if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in accordance with the manifest instructions; and (b) Use the paper forms identified in §E-1(5)(a) of this regulation from this point forward for the shipment in accordance with the requirements of §E of this regulation. (6) Special Procedures for Electronic Signature Methods Undergoing Tests. If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the certification of the generator or offeror on the printed copy of the manifest provided under §E-1(4) of this regulation. (7) Post-Receipt Manifest Data Corrections. (a) After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person named on the manifest, such as a waste handler; and (b) Generators may participate electronically in the post-receipt data corrections process by following the process described in COMAR 26.13.05.05B(11), which applies to corrections made to either paper or electronic manifest records. E-2. Electronic Manifest Signatures. An electronic signature method used in connection with the electronic manifest system is acceptable only if: (1) Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and (2) The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest. F. Waste Minimization Certification. (1) For the purposes of the certification in §F(2) of this regulation: (a) “Large quantity generator” means a person that generates, in a calendar month: (i) 1,000 kilograms or more of hazardous waste; or (ii) 1 kilogram or more of acute hazardous waste; and (b) “Small quantity generator” means a person that generates, in a calendar month: (i) Less than 1,000 kilograms of hazardous waste; and (ii) Less than 1 kilogram of acute hazardous waste. (2) A generator that initiates a shipment of hazardous waste and that is required to prepare a manifest in accordance with §A of this regulation shall certify to one of the following statements in Item 15 of the uniform hazardous waste manifest: (a) “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.”; or (b) “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.” #### Regulation .05 Pretransport Requirements. *COMAR 26.13.03.05* A. Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR 173, 178, and 179. B. Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of Transportation regulations on hazardous materials, under 49 CFR 172. C. Marking. (1) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR 172. (2) Except as provided in §C(4) of this regulation, before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR §172.304: (3) To satisfy the requirement of §C(2) of this regulation to mark a container with the EPA hazardous waste numbers of the wastes in the container, a generator may use an electronic system for data capture, storage, and retrieval, such as bar coding, if the electronic system allows the destination facility to be informed of the container's contents for the purposes of compliance with applicable hazardous waste management regulations. (4) A generator is not required to mark EPA Hazardous Waste Numbers on a lab pack container that will be incinerated in compliance with 40 CFR §268.42(c), except for EPA Hazardous Waste Numbers D004, D005, D006, D007, D008, D010 and D011, when applicable. D. Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F. E. Returned, Rejected Loads. (1) A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment or part of that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of COMAR 26.13.05.05C, COMAR 26.13.06.05A, 40 CFR §264.72, 40 CFR §265.72, or analogous regulations of the designated facility's state, may accumulate the returned waste onsite in accordance with Regulations .03-3—.03-10 of this chapter. (2) Upon receipt of a shipment returned in accordance with §E(1) of this regulation, the generator shall: (a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or (b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest. F. Liquids in Landfills Prohibition. (1) A person may not place or arrange to have placed bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids in a landfill. (2) The prohibition of §F(1) of this regulation applies regardless of whether sorbents have been added to the waste. (3) To demonstrate the absence or presence of free liquids, a person shall use Method 9095, Paint Filter Liquids Test, as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4). (4) A person may not use a sorbent to eliminate free liquids from a waste that is to be disposed of in a landfill unless the sorbent meets the requirements of 40 CFR §264.314(d). #### Regulation .05-1 Closure Requirements — Hazardous Waste Accumulation Areas and Waste Management Units. *COMAR 26.13.03.05-1* A. Purpose and Scope. This regulation: (1) Establishes requirements with which a hazardous waste generator must comply in connection with the permanent removal from service, for the purposes of hazardous waste management, of: (a) An area in which hazardous waste was accumulated in a manner that was subject to the requirements of this chapter, other than accumulation in a satellite accumulation area; (b) A waste management unit, such as a tank, used to manage hazardous waste in an accumulation area described in §A(1)(a) of this regulation; and (c) A site or facility that had an area or waste management unit of the type described in §A(1)(a) or (b) of this regulation; (2) Establishes a general closure performance standard that a hazardous waste generator must meet for all hazardous waste accumulation areas and hazardous waste management units identified in §A(1) of this regulation; (3) Identifies specific requirements that must be met in implementing closure, including requirements: (a) That apply to all types of accumulation units; and (b) Specific to particular types of accumulation units; and (4) Identifies: (a) Record keeping requirements with respect to closure; and (b) Closure notification requirements that apply to a generator who qualified as a federally-defined large quantity generator for significant periods of time. B. Closure Requirements. (1) Applicability. The general closure performance standard and other requirements of this section: (a) Apply to an area or waste management unit in which hazardous waste was managed, as described in §A(1)(a) of this regulation; and (b) Apply to a site or facility that had an area or waste management unit identified in §A(1)(a) of this regulation and at which the generator: (i) Will no longer be generating or accumulating hazardous waste; or (ii) Is ceasing operations entirely; (c) May be deferred for an accumulation area or unit if the generator anticipates that the area or unit may again be used to accumulate hazardous waste, if the: (i) Notification requirements of Regulation .05-2 of this chapter are met; and (ii) Closure performance standard and other requirements of this section are met before the facility is closed. (2) General Closure Performance Standard. A generator shall ensure that, if a hazardous waste accumulation area, a hazardous waste management unit, or a facility or site at which hazardous waste was generated or accumulated is closed by being permanently removed from service for the purposes of hazardous waste management: (a) The closure is conducted in a manner that minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to ground water, to surface water, or to the atmosphere; and (b) Any hazardous waste that is generated in closing the generator’s facility or a portion of the facility is managed in accordance with all applicable requirements of: (i) This chapter, including, for hazardous waste that is being accumulated in a unit that is being closed, accumulation time limits of Regulation .03-4C of this chapter; (ii) Chapters .04 and .06 of this subtitle; and (iii) 40 CFR Part 268. (3) Additional Unit-specific Closure Requirements for Container, Tank System, and Containment Building Accumulation Units. For the closure of a hazardous waste accumulation unit in which hazardous waste was managed in a container, a tank system, or a containment building: (a) The generator shall ensure that closure of the unit provides, to the extent necessary to meet the general closure performance standard of §B(2) of this regulation, for the removal or decontamination of: (i) All contaminated equipment, structures, and soil, and any remaining hazardous waste residues from waste accumulation units, including containment system components such as pads or liners; (ii) Contaminated soils, subsoils, bases, and structures; and (iii) Structures and equipment contaminated with waste; and (b) If the generator is unable to practicably remove or decontaminate contaminated soils or wastes as required by §B(3)(a) of this regulation, then the waste accumulation unit is considered to be a landfill for the purposes of closure, post-closure, and financial responsibility, and the generator shall: (i) Close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure requirements of COMAR 26.13.05.14J, which apply to landfills; (ii) Meet all of the requirements for landfills specified in COMAR 26.13.05.07 and 26.13.05.08; and (iii) Submit a complete and sufficient application to the Department for a CHS post-closure permit in accordance with a deadline to be specified by the Department. (4) Unit Specific Closure Requirements for Drip Pads. At the closure of a drip pad waste accumulation unit, as defined in COMAR 26.13.01.03B, the generator shall: (a) Comply with the closure requirements of COMAR 26.13.05.17-4A—C; and (b) If required to close the facility and provide post-closure care as a landfill, in accordance with COMAR 26.13.05.17—4B, submit a complete and sufficient application to the Department for a CHS post-closure permit in accordance with a deadline to be specified by the Department. (5) Closure Plan. A generator who is closing a waste accumulation area, waste accumulation unit, or facility under this regulation shall: (a) Perform the closure in accordance with a written closure plan; (b) Ensure that the closure plan includes: (i) A description of how the requirements of §B(2)—(4) of this regulation will be met in performing the closure, taking into account the nature of facility operations and the history of any spills or releases of hazardous wastes; (ii) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard; and (iii) A detailed description of other activities necessary during the closure to ensure that closure activities satisfy the closure performance standard, including, but not limited to, groundwater monitoring, and run-on and runoff control; and (c) For each implemented closure action: (i) Maintain, as part of the generator’s facility operating record, a copy of the written closure plan that was followed in implementing the closure; (ii) Make a copy of the written closure plan available to the Department on request; and (iii) Retain a copy of the written closure plan for a period of 3 years following the date of final closure of the facility. #### Regulation .05-2 Closure Notification Requirements. *COMAR 26.13.03.05-2* A. Applicability. (1) This regulation applies to a generator who is closing, in accordance with Regulation .05-1 of this chapter, a hazardous waste accumulation area, a hazardous waste management unit, or a site or facility where hazardous waste was accumulated. (2) Sections B—C of this regulation apply to a generator and to a site at which the generator either: (a) At the time of initiation of a closure activity, qualifies as a large quantity generator under federal regulations, as described in Regulation .01-1 of this chapter; or (b) For a significant period of time before initiation of the closure action, generated quantities of hazardous waste that met the threshold for the federal large quantity generator category, with “significant period of time” determined by the criteria of §A(4) of this regulation. (3) Section D of this regulation applies to a generator and a site at which the generator at the time of initiation of a closure activity: (a) Does not qualify as a Maryland-defined small quantity generator as defined in COMAR 26.13.01.03B; and (b) Did not meet the criteria of §A(2) of this regulation. (4) For the purposes of §A(2)(b) of this regulation, a generator is considered to have operated for a significant period of time as a generator who would qualify as a large quantity generator under federal regulations if any of the following apply: (a) At any time during the 12 months before the initiation of the closure activity, the generator qualified as a large quantity generator under federal regulations in 5 or more months; or (b) During any 24-month period, the generator qualified as a large quantity generator under federal regulations in 10 or more months. B. Closure Notification Requirements for a Waste Accumulation Unit. (1) A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation, shall, before closing a unit that was used to accumulate hazardous waste in a container, in a tank, on a drip pad, or in a containment building, shall either: (a) Place a notice in the facility’s operating record within 30 days after closure identifying the location of the unit within the facility, and temporarily defer full implementation of required closure activities and notification of the Department; or (b) Meet the closure requirements and the closure performance standard of Regulation .05-1 of this chapter and notify the Department as specified §C of this regulation. (2) A generator may remove from the facility operating record a notification of closure of an area or unit made in accordance with §B(1)(a) of this regulation if the generator resumes using the area or unit for the accumulation of hazardous waste. C. Facility Closure Notification Requirements. (1) A generator who qualified as a large quantity generator under federal regulations as described in §A(2) of this regulation shall, if intending to close a facility: (a) Notify the Department of the intent to close: (i) No later than 30 days before closing the facility; and (ii) Using EPA Form 8700-12, unless another method is specified by the Department; (b) Within 90 days after closing the facility, or by a later deadline specified by the Department under the provisions of §C(2) of this regulation, either: (i) Notify the Department, using EPA Form 8700-12 or another method specified by the Department, that the generator has complied with the closure performance standard and closure requirements of Regulation .05-1 of this chapter; or (ii) If unable to meet the closure requirements and closure performance standard of Regulation .05-1 of this chapter, notify the Department using EPA Form 8700-12 or another method specified by the Department that the generator will close as a landfill under COMAR 26.13.05.14J in the case of a container unit, tank unit, or containment building unit, or, for a facility with a drip pad, that the generator will close under the standards of COMAR 26.13.05.17-4. (2) A generator: (a) May request additional time to clean close, which the Department may or may not grant; and (b) If requesting additional time to clean close, shall do so by notifying the Department within 75 days after the date of notification under §C(1)(a)(i) of this regulation, using EPA Form 8700-12 or another method specified by the Department to make the notification, and providing an explanation as to why the extra time is required. D. Closure Notification — Generators Who Do Not Meet Criteria to be Considered a Large Quantity Generator. A generator who does not meet the criteria of §A(2) of this regulation, and who intends to cease accumulating hazardous waste throughout a site, either by permanently ending the on-site operation of hazardous waste accumulation units, or by ceasing operation at the site entirely, shall: (1) Notify the Department by submitting a subsequent site notification using EPA Form 8700-12, indicating the change in generator status, and, if applicable, requesting that the Department deactivate the EPA identification number associated with the site; and (2) Submit the notification required by §D(1) of this regulation not later than 30 days before the scheduled date of cessation of the accumulation of hazardous waste or 30 days before the anticipated final date of facility operations. #### Regulation .05-3 Special Provisions for Episodic Generation Events — Purpose and Scope. *COMAR 26.13.03.05-3* A. This regulation and Regulations .05-4 and .05-5 of this chapter: (1) Establish provisions that, if followed, allow a generator of hazardous waste to maintain the generator’s status as a Maryland-defined small quantity generator despite the occurrence of an event that causes the generator to exceed an upper limit on waste generation or accumulation that defines the generator’s current hazardous waste generator category; and (2) Are not applicable to a person who meets the federal definition of a small quantity generator. B. This regulation and Regulations .05-4 and .05-5 of this chapter address waste that is generated in connection with an episodic generation event, which is an event that: (1) Is either: (a) A planned event, as described in §C of this regulation; or (b) An unplanned event, as described in §D of this regulation; (2) Does not normally occur during the operations of the waste generator; and (3) Results in an increase in the amount of hazardous waste generated or accumulated that causes the generator to exceed waste generation or accumulation limits for the generator’s current generator category. C. For the purposes of this regulation and Regulations .05-4 and .05-5 of this chapter, a planned episodic generation event: (1) Is an activity that the generator scheduled in advance, and made arrangements, plans, and preparations to conduct; and (2) Includes such things as: (a) Periodic maintenance of facility equipment or features; (b) Tank cleanouts; (c) Short-term projects; and (d) Removal of excess chemical inventory. D. For the purposes of this regulation and Regulations .05-4 and .05-5 of this chapter, an unplanned episodic generation event: (1) Is an event that the generator: (a) Did not plan; and (b) Reasonably did not expect to occur; and (2) Includes such things as: (a) A production process upset; (b) An emergency product recall; (c) An accidental spill; and (d) A catastrophic, naturally occurring event, such as a tornado, hurricane, or flood. #### Regulation .05-4 Episodic Generation Events — Maryland-Defined Small Quantity Generators. *COMAR 26.13.03.05-4* A. person who qualifies as a Maryland-defined small quantity generator may maintain that generator status following an episodic generation event, as described in regulation .05-3 of this chapter, by complying with the requirements of §§B—D of this regulation. B. General Requirements. (1) Limit on Number of Episodic Generation Events. (a) A generator may maintain the generator’s status as a Maryland-defined small quantity generator following, at most, one episodic generation event during a calendar year, unless the Department grants a petition for an additional episodic generation event under Regulation .05-5 of this chapter. (b) For an episodic generation event beyond the one or two allowed by §B(1)(a) of this regulation, the generator is subject to all applicable requirements of this chapter, based on the amount of hazardous waste generated and accumulated as a result of the event, in addition to any other hazardous waste generated or accumulated. (2) Notification. The generator shall: (a) Notify the Department using EPA Form 8700-12 no later than 30 days before initiating a planned episodic generation event, as described in Regulation .05-3C of this chapter; (b) For an unplanned episodic generation event, as described in Regulation .05-3D of this chapter, notify the Department within 72 hours of the unplanned event, contacting the unit in the Department that is responsible for oversight of hazardous waste management, making the notification: (i) Initially, by phone, email, or fax communication; and (ii) Subsequent to the initial notification, by submitting a notification using EPA Form 8700-12; and (c) Include, as part of the notification: (i) The start date of the episodic generation event; (ii) The anticipated end date of the episodic generation event; (iii) The reason or reasons for the event; (iv) The types and estimated quantities of hazardous waste expected to be generated as a result of the event; (v) Contact information for a facility contact with whom the Department may discuss the submittal; and (vi) Contact information for an emergency coordinator with 24-hour telephone access who will respond to emergencies in compliance with §B(4) of this regulation. (3) EPA ID Number. If the generator does not have an EPA identification number, the generator shall obtain one from the Department using EPA Form 8700-12. (4) Emergency Coordinator. The generator shall ensure that at all times when hazardous waste is being managed under the provisions for an episodic generation event, there is an employee who has been designated as the emergency coordinator who: (a) Has the responsibility for coordinating all emergency response measures specified in §B(5) of this regulation; (b) Is either on the premises or is on-call by being able to be readily contacted; and (c) If is on-call rather than at the premises, is available to respond to an emergency by reaching the facility within a short period of time. (5) Response to Emergencies. The generator shall ensure that appropriate actions, as specified in §B(6) of this regulation, are taken in response to an emergency, with the actions being taken by: (a) The generator; (b) The emergency coordinator; (c) A person working for the generator at the site of the episodic generation event who is confronted with the emergency; (d) A contractor operating on behalf of the generator; or (e) Any of these. (6) Emergency Response Measures. A person identified in §B(5) of this regulation shall, in responding to an emergency, respond as follows: (a) In the event of a fire: (i) Call the fire department; (ii) Attempt to extinguish the fire using the appropriate fire extinguisher; or (iii) Both; (b) In the event of a spill: (i) Contain the flow of hazardous waste to the extent possible; and (ii) As soon as is practical, clean up materials contaminated with spilled hazardous waste, and any contaminated soil or other contaminated environmental media resulting from the spill; and (c) In the event of a fire, explosion, or other release that could threaten human health outside the facility, or if the generator or an agent of the generator has knowledge that a spill has reached surface water, immediately notify the National Response Center using the 24-hour toll free number (800) 424-8802, and include, as part of the notification: (i) The name, address, and EPA identification number of the generator; (ii) The date and time of the incident; (iii) The type of incident, such as a spill or fire; (iv) The quantity and type of hazardous waste involved in the incident; (v) The extent of injuries, if any; and (vi) The estimated quantity and disposition of recovered materials, if any. (7) Record Keeping. The generator shall maintain the following information for 3 years from the end date of the episodic generation event: (a) The starting date and the end date of the event; (b) A description of the event; (c) A description of the types and quantities of hazardous waste generated during the event; (d) A description of how the hazardous waste that was generated during the event was managed; (e) The name of the designated facility, as defined in COMAR 26.13.01.03B, that received the hazardous waste from the event; (f) The name of each transporter that transported hazardous waste from the event; and (g) A copy of the approval letter issued by the Department if the event is a second episodic generation event during the same calendar year. C. Management Standards. (1) A Maryland-defined small quantity generator managing hazardous waste from an episodic generation event: (a) May accumulate the waste in a: (i) Container, if the requirements of §C(2) and (3) of this regulation are met; or (ii) Tank, if the requirements of §C(4) of this regulation are met; (b) May not accumulate the waste on a drip pad or in a containment building; and (c) Shall manage the waste in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water. (2) Container Management Standards. The generator shall ensure that if a container is being used to accumulate hazardous waste from an episodic generation event, the container is: (a) In good condition; (b) Compatible with the waste that is being accumulated; (c) Kept closed, except to add or remove waste; and (d) Marked or labeled with the following information clearly visible for inspection: (i) The words “Episodic hazardous waste”; (ii) An indication of the hazards of the contents of the container, as specified in §C(3) of this regulation; and (iii) The date on which the episodic generation event began. (3) The following are acceptable indications of hazards for the purposes of labeling containers under §C(2)(ii) of this regulation: (a) The hazardous waste characteristic or characteristics of those identified in COMAR 26.13.02.11—.14 that the waste exhibits; (b) Hazard communication information consistent with the U.S. Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); (c) A hazard statement or pictogram consistent with the U.S. Occupational Health and Safety Administration Hazard Communication Standard at 29 CFR §1910.1200; (d) A chemical hazard label consistent with the National Fire Protection Association Code 704; or (e) Some other method that is at least as effective as any of the methods listed in §C(3)(a)—(d) of this regulation. (4) Tank Management Standards. The generator shall ensure that if a tank is being used to accumulate hazardous waste from an episodic event, the tank is: (a) In good condition; (b) Compatible with the waste that is being accumulated in the tank; (c) Provided with design features and operational procedures that will prevent overflow of the tank, such as the tank being equipped with a high-level alarm and a means to quickly stop waste inflow; and (d) Inspected at least once each operating day to ensure that: (i) All applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order; (ii) The tank is operated according to its design, as determined by reviewing the data gathered from monitoring equipment, associated with the tank, such as level gauges, pressure gauges, and temperature gauges; and (e) Marked or labeled: (i) With the words “Episodic Hazardous Waste”; and (ii) An indication of the hazards of the contents of the tank using one of the methods listed in §C(3)(a)—(e) of this regulation (5) Manifest Requirements. The generator shall comply with the hazardous waste manifest provisions of Regulation .04 of this chapter and applicable provisions of 40 CFR Part 262 Subpart B when the generator sends hazardous waste from an episodic event off site to a designated facility as defined in COMAR 26.13.01.03B. (6) Time Limit on Waste Accumulation. Not later than 60 calendar days after the starting date of the episodic generation event, the generator shall have manifested and sent all hazardous waste from the episodic generation event to a designated facility as defined in COMAR 26.13.01.03B. #### Regulation .05-5 Petitions to Operate under Episodic Event Provisions for an Additional Event. *COMAR 26.13.03.05-5* A. A generator may petition the Department to be allowed to operate under the provisions applicable to an episodic generation event for a second event in a calendar year under the following conditions: (1) If the generator has already held a planned episodic generation event in a calendar year, the generator may petition the Department for an additional event that is an unplanned episodic generation event within 72 hours of the beginning of the unplanned event; and (2) If the generator has already operated under provisions for an episodic generation event for an unplanned event in a calendar year, the generator may petition the Department for an additional event that is a planned episodic event that will occur in that calendar year. B. A generator submitting a petition under this regulation shall include, as part of the petition: (1) The reason or reasons why the generator needs to operate under the provisions for an episodic generation event for a second event; (2) Information on the nature of the second episodic generation event; (3) An estimate of the amount of hazardous waste to be managed in connection with the episodic generation event; (4) A description of how the waste from the episodic generation event is to be managed; (5) The estimated length of time, not to exceed 60 days, of the period needed to complete management of the hazardous waste generated from the episodic generation event; and (6) Information about the generator’s previous episodic generation event from the current calendar year, including the nature of the event, whether it was a planned event or an unplanned event, and how the generator complied with the conditions of this chapter with which the event was required to have been conducted. C. The generator shall make the petition to the Department in writing, either on paper or electronically. D. The generator shall: (1) Retain in the generator’s records a copy of a written approval by the Department of a petition submitted by the generator under this regulation; and (2) Retain the copy of the Department’s written approval for 3 years from the date the second episodic generation event ended. #### Regulation .06 Record Keeping and Reporting. *COMAR 26.13.03.06* A. Record Keeping. (1) A generator shall keep a copy of each manifest signed in accordance with Regulation .04A(1) for 3 years or until he receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter. (2) A generator shall keep a copy of each annual report or biennial report required under §B of this regulation, and each exception report required under §C of this regulation, for a period of at least 3 years from the due date of the report, or the date the report was submitted, whichever is later. (3) A generator shall keep records documenting hazardous waste determinations in accordance with the requirements of Regulation .02-1 of this chapter. (4) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary. B. Annual or Biennial Reporting. (1) Except as provided in B(5) of this regulation, a person who generates hazardous waste and ships it off-site to a facility within the United States shall: (a) Periodically, submit reports to the Secretary concerning hazardous waste generated during the preceding calendar year on EPA Form 8700-13A/B, or on an alternate form provided by the Department; (b) Submit the reports required by §B(1)(a) of this regulation with the following frequency: (i) Annually, for reporting periods through December 31, 1995; and (ii) Biennially, for reporting periods beginning January 1, 1997; (c) Submit the reports required by §B(1)(a) of this regulation not later than: (i) March 1 of the following year for reporting periods through December 31, 1995; and (ii) March 1 of each even numbered year for the preceding calendar year for reporting periods beginning January 1, 1997; and (d) Assure that the reports required by §B(1)(a) of this regulation contain, at a minimum, the following information, unless otherwise specified in the currently available currently applicable version of EPA Form 8700-13A/B: (i) The EPA identification number, name, and address of the generator; (ii) The calendar year covered by the report; (iii) The EPA identification number, name, and address for each off-site treatment, storage, or disposal facility in the United States to which waste was shipped during the year; (iv) The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage, or disposal facility within the United States; (v) For shipments of hazardous waste to a treatment, storage, or disposal facility within the United States, the description, the EPA or State hazardous waste number from COMAR 26.13.02, the DOT hazard class, and the quantity of each hazardous waste listed by the EPA identification number of each off-site facility to which waste was shipped; (vi) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; (vii) Except as provided in §B4 of this regulation, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years; and (viii) The certification on EPA Form 8700-13A/B signed by the generator or authorized representative. (2) A generator who treats, stores, or disposes of hazardous waste on-site shall submit an annual or biennial report covering those wastes in accordance with the provisions of COMAR 26.13.05.05F, 26.13.06.05A and B(3) and (4), 26.13.07.15E(3), and 26.13.10. (3) Information on exports of hazardous waste is not required to be included in the report required by §B(1) and (2) of this regulation. Instead, exporters of hazardous waste shall comply with the annual reporting requirements that are established by 40 CFR §262.83(g) and administered by EPA, as specified in Regulation .07B of this chapter. (4) Information required by §B(1)(d)(vii) of this regulation on changes in volume and toxicity of waste actually achieved in comparison to years before 1984 is only required to the extent that this information is available. (5) The reporting requirement of this section does not apply to person who qualifies as a Maryland-defined small quantity generator in every month of a year for which a report under this section would otherwise have to be submitted, but does apply if the person did not qualify as a Maryland-defined small quantity generator in any month of that year. C. Exception Reporting. (1) A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste. (2) A generator shall submit an exception report to the Secretary if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter and include in the exception report the following: (a) A legible copy of the manifest for which the generator does not have confirmation of delivery; (b) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts. (3) If the designated facility is located out-of-State in a state which administers the federal program, the generator who does not receive a copy of the manifest as described in §C(1) of this regulation, shall submit an exception report to that state's approving authority as specified in §C(2) of this regulation. If that state's program is administered by the EPA, the Report shall be forwarded to the EPA Regional Administrator for the region in which the designated facility is located. (4) For a rejected shipment of hazardous waste or container residues contained in non-empty containers that a designated facility forwards to an alternate facility using a new manifest, following the procedures of COMAR 26.13.05.05C(5)(b)(i)—(ix), the generator shall : (a) Comply with the requirements of §C(1) and (2) of this regulation for the shipment that is forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility; and (b) In complying with §C(1) and (2) of this regulation with respect to the shipment to the alternate facility: (i) Take the required actions based on whether the generator has received, by the specified deadlines, a copy of the manifest with the handwritten signature of the owner or operator of the alternate facility rather than a copy of the manifest with the handwritten signature of the owner or operator of the original designated facility; and (ii) Determine whether the 35-day and 45-day deadlines have passed by comparing the current date to the date that the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility. D. Additional Reporting. The Secretary, as he deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in COMAR 26.13.02. #### Regulation .07 Transboundary Movements of Hazardous Waste for Recovery or Disposal. *COMAR 26.13.03.07* A. Applicability. (1) Except as provided in §A(3) of this regulation, this regulation applies to transboundary movements of hazardous wastes. (2) The requirements identified in §B(1) of this regulation are administered by the U.S. Environmental Protection Agency as a foreign policy matter and are not delegated to the states. (3) State Wastes Excluded from this Regulation. (a) Except for a waste that exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14, this regulation does not apply to a waste that is listed as a hazardous waste by the State but not by the U.S. Environmental Protection Agency. (b) The waste codes for the wastes referred to in §B(3(a) of this regulation that are listed as hazardous by the State but not by EPA, and the sections of COMAR where the waste codes are assigned are: (i) MD01, MD02, and MD03, assigned in COMAR 26.13.02.17; (ii) MX01, assigned in COMAR 26.13.02.19D; (iii) M001, assigned in COMAR 26.13.02.19F; and (iv) MT01, assigned in COMAR 26.13.02.19H. B. Requirements. (1) A person involved in the transboundary movement of hazardous waste shall comply with the requirements of 40 CFR Part 262, Subpart H, as qualified by §B(2) of this regulation. (2) In complying with the requirements of 40 CFR Part 262, Subpart H, a person shall comply with provisions in the Code of Federal Regulations as referenced rather than analogous provisions in COMAR, except in instances when the federal reference includes the qualifier “or the state equivalent”. #### Regulation .07-1 Export Notification — Repealed *COMAR 26.13.03.07-1* #### Regulation .07-2 Exports of Hazardous Waste — Manifesting, Reporting, and Record Keeping — Repealed *COMAR 26.13.03.07-2* #### Regulation .07-3 Imports of Hazardous Waste — Repealed *COMAR 26.13.03.07-3* #### Regulation .07-4 Farmers. *COMAR 26.13.03.07-4* A farmer disposing of waste pesticides from the farmer's own use which are hazardous wastes is not required to comply with the standards of this chapter or other standards in COMAR 26.13.05, 26.13.06, 26.13.07, or 26.13.09 for those wastes, provided the farmer triple rinses each emptied pesticide container in accordance with COMAR 26.13.02.07B(3) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with disposal instructions on the pesticide label.