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<regulation prefix="Regulation" num=".25" citation="COMAR 26.13.10.25" title_num="26" subtitle_num="13" chapter_num="10" heading="Petitions to Include Other Wastes as Universal Wastes.">
  <paragraph num="A.">
    <text>General Requirements.</text>
    <paragraph num="(1)">
      <text>Except as provided in §C of this regulation, a person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Regulations .06—.25 of this chapter may petition for a regulatory amendment under this regulation and COMAR 26.13.01.04A and J.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>General requirements relating to these petitions are established in COMAR 26.13.01.04J.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Evaluative Factors for Petitions to Include Other Wastes as Universal Wastes. In considering whether to grant or deny a petition to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Regulations .06—.25 of this chapter, the Secretary shall consider:</text>
    <paragraph num="(1)">
      <text>The extent to which:</text>
      <paragraph num="(a)">
        <text>The waste or category of waste, as generated by a large variety of generators, is listed as a hazardous waste in COMAR 26.13.02.15—.19;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A proportion of the waste stream as generated by a large variety of generators, if not listed as a hazardous waste in COMAR 26.13.02.15.19, exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10.14;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The waste or category of waste is:</text>
        <paragraph num="(i)">
          <text>Not exclusive to a specific industry or group of industries; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Commonly generated by a wide variety of types of establishments, including, for example, households, retail and commercial businesses, office complexes, Maryland-defined small quantity generators, small businesses, government organizations, and large industrial facilities;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>The waste or category of waste is:</text>
        <paragraph num="(i)">
          <text>Generated by a large number of generators; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Frequently generated in relatively small quantities by each generator;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Systems to be used for collecting the waste or category of waste, including packaging, marking, and labeling practices, would ensure close stewardship of the waste;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Specific management standards proposed or referenced by the petitioner, such as waste management requirements appropriate to be added to Regulations .12—.16 of this chapter, Regulation .20 of this chapter, Regulation .22C of this chapter, or applicable U.S. Department of Transportation requirements, would be protective of human health and the environment during accumulation and transport;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Regulation of the waste or category of waste under Regulations .06—.24 of this chapter will increase the likelihood that the waste will be diverted from nonhazardous waste management systems, such as the municipal waste stream, nonhazardous industrial or commercial waste stream, municipal sewer or stormwater systems, to recycling, treatment, or disposal in compliance with Subtitle C of RCRA; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Regulation of the waste or category of waste under Regulations .06—.24 of this chapter will improve implementation of and compliance with the hazardous waste regulatory program; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Any factors in addition to those identified in §B(1) of this regulation that may be appropriate.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Hazardous waste pharmaceuticals are regulated by Regulations .32—.49 of this chapter and may not be added to the universal waste regulations of Regulations .06—.25 of this chapter as a category of universal waste.</text>
  </paragraph>
</regulation>