Chapter 10. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

This regulation applies to recyclable materials that are applied to or placed on the land:

The materials in §A(1) of this regulation are referred to throughout this regulation as “materials used in a manner that constitutes disposal”.

Except as provided in §A(4) and (5) of this regulation, products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if:

Slags that are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, and that are used as an antiskid agent or deicing agent in a manner that constitutes disposal, are not covered by the exemption in §A(3) of this regulation.

A fertilizer that contains recyclable materials is not subject to regulation as hazardous waste when used for its intended purpose if the fertilizer meets the applicable treatment standard in 40 CFR Part 268, Subpart D, for each recyclable material, that is, hazardous waste, that it contains.

Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of COMAR 26.13.02, 26.13.05, 26.13.06, 26.13.07, and 26.13.09 and §3010 of RCRA, except that these requirements do not apply to products which contain these recyclable materials under the provisions of §A(3) of this regulation.

The use of waste or used oil or other material, which is contaminated with a hazardous waste, for dust suppression or road treatment is prohibited.

This regulation applies to hazardous wastes that are burned for energy recovery in any boiler or industrial furnace that is regulated under COMAR 26.13.05.16 except as provided by §A(2) of this regulation. These hazardous wastes burned for energy recovery are termed “hazardous waste fuel”. Fuel produced from hazardous waste by processing, blending, or other treatment is also hazardous waste fuel. These regulations do not apply, however, to gas recovered from hazardous waste management activities when the gas is burned for energy recovery.

The following hazardous wastes are not regulated under this regulation:

A person may market hazardous waste fuel only:

Hazardous waste fuel may be burned for energy recovery only in devices identified in COMAR 26.13.05.16C(3).

Fuel which contains any hazardous waste may not be burned in any cement kiln which is located within the boundaries of any incorporated municipality with a population greater than 500,000 (based on the most recent census statistics) unless the kiln fully complies with regulations under this subtitle that are applicable to incinerators.

Generators of hazardous waste that is used as a fuel or used to produce a fuel are subject to the requirements of COMAR 26.13.03.

Generators who market hazardous waste fuel to a burner also are subject to §E of this regulation.

Prohibitions. The prohibitions under §B.

Notification. Notification requirements under Section 3010 of RCRA for hazardous waste fuel activities. Even if a marketer has previously notified EPA of his hazardous waste management activities and obtained a U.S. EPA identification number he shall renotify the U.S. EPA and the Secretary to identify his hazardous waste fuel activities.

Storage. COMAR 26.13.03.03-3—.03-10, 26.13.05.01—.12, and 26.13.07.

Off-site Shipment. The standards for generators in COMAR 26.13.03 when a marketer initiates a shipment of hazardous waste fuel.

Required Notices.

Record Keeping. In addition to the applicable record-keeping requirements of COMAR 26.13.03 and 26.13.05, a marketer shall keep a copy of each certification notice he receives or sends for 3 years from the date he last engages in a hazardous waste fuel marketing transaction with the person who sends or receives the certification notice.

Prohibitions. The prohibitions under §B.

The substantive and procedural requirements of COMAR 26.13.05.16 and COMAR 26.13.07.05.

Notification. Notification requirements under Section 3010 of RCRA for hazardous waste fuel activities. Even if a burner has previously notified EPA of his hazardous waste management activities and obtained a U.S. EPA identification number, he shall renotify the U.S. EPA and the Secretary to identify his hazardous waste fuel activities.

Storage.

Required Notices. Before a burner accepts the first shipment of hazardous waste fuel from a marketer, he shall provide the marketer a one-time written and signed notice certifying that:

Record Keeping. In addition to the applicable record-keeping requirements of COMAR 26.13.05, a burner shall keep a copy of each certification notice that he sends to a marketer for 3 years from the date he last received hazardous waste fuel from that marketer.

Notification requirements under Section 3010 of RCRA;

COMAR 26.13.02.06C(2), 26.13.03.04, 26.13.04, and 26.13.05.05B and C; and

For precious metal imported to or exported from other countries for recovery, 40 CFR Part 262, Subpart H, and COMAR 26.13.05.02C.

Keep the following records to document that they are not accumulating these materials speculatively as defined in COMAR 26.13.02:

Comply with the storage requirements for generators found in COMAR 26.13.03.

Except as provided in §B of this regulation, this regulation applies to spent lead-acid batteries that are recyclable materials.

For the purposes of this regulation, “spent batteries” means spent lead-acid batteries that are recyclable materials.

Persons who manage spent batteries as described in §C(2) of this regulation shall comply with the applicable regulatory requirements in the sections that are cross-referenced.

Persons who manage spent batteries that are to be reclaimed:

Persons who export batteries to be reclaimed through regeneration or any other means in a foreign country shall comply with §J of this regulation.

Persons who transport batteries to export them to be reclaimed through regeneration or any other means in a foreign country shall comply with §K of this regulation.

Are exempt from the following requirements with respect to management of those batteries, including the regeneration:

Are subject to the requirements of COMAR 26.13.02.

Notification requirements under §3010 of RCRA;

All applicable provisions of COMAR 26.13.02;

COMAR 26.13.03.02, which concerns hazardous waste determination;

All applicable provisions of COMAR 26.13.05.01—.12, except for:

All applicable provisions of COMAR 26.13.07 and .09; and

If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H.

Notification requirements under §3010 of RCRA;

All applicable provisions of COMAR 26.13.02;

COMAR 26.13.03.02, which concerns hazardous waste determination;

All applicable provisions of COMAR 26.13.06, except for:

All applicable provisions of COMAR 26.13.07 and .09; and

If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H.

Exempt from the following requirements with respect to those batteries:

Subject to:

Exempt from the following requirements with respect to those batteries:

Subject to:

Exempt from the following requirements with respect to those batteries:

Subject to the applicable requirements of COMAR 26.13.09.

Exempt from the following requirements with respect to those batteries:

Subject to 40 CFR Part 262, Subpart H.

Exempt from the following requirements with respect to those batteries:

Subject to 40 CFR Part 262, Subpart H.

Mixtures of used oil and waste that is listed as hazardous in COMAR 26.13.02.16—.19 are subject to regulation as hazardous waste under COMAR 26.13.01 —26.13.09 and Regulations .01—.04 of this chapter rather than as used oil under COMAR 26.10.15.

Rebuttable Presumption for Used Oil. Except as provided in COMAR 26.13.02.04-1A(11), used oil containing more than 1,000 parts per million total halogens is regulated as a hazardous waste because it is presumed to have been mixed with halogenated hazardous waste listed in COMAR 26.13.02.16—.19.

Hazardous waste rather than used oil under COMAR 26.10.15 if the resultant mixture exhibits any of the characteristics of hazardous waste; or

Used oil under COMAR 26.10.15 if the resultant mixture does not exhibit any of the characteristics of hazardous waste.

Except as provided in §E(2) and (3) of this regulation, a person may not mix the following hazardous wastes with used oil as a means of rendering the waste nonhazardous:

Section E(1) of this regulation does not prohibit incidental mixing of oil and characteristic hazardous waste that may occur during the intended use of the oil.

A person may mix used oil with waste that is hazardous solely because it exhibits the characteristic of ignitability as identified in COMAR 26.13.02.11 if the mixture is to be burned for energy recovery.

Except as provided in §G(2) of this regulation, materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible, so that no visible signs of free-flowing oil remain in or on the material; are

Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10.

Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under COMAR 26.10.15.

Except as provided in §H(2) of this regulation, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under COMAR 26.10.15.

Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to this regulation or to COMAR 26.10.15 once the used oil and diesel fuel have been mixed.

Before used oil and diesel fuel are mixed for use in the generator's own vehicles, the used oil is subject to regulation under COMAR 26.10.15.

Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal, such as re-refined lubricants, are not:

Materials produced from used oil that are burned for energy recovery, such as used oil fuels, are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10.

Except as provided in COMAR 26.13.02.04-1A(15), materials derived from used oil that are disposed of or used in a manner constituting disposal are:

Batteries, as described in Regulation .07 of this chapter;

Pesticides, as described in Regulation .08 of this chapter;

Lamps, mercury-containing equipment, or PCB-containing lamp ballasts, each as described in Regulation .09 of this chapter; and

Aerosol cans, as described in Regulation .09-1 of this chapter; and

Batteries, as defined in COMAR 26.13.01.03B; and

Spent lead-acid batteries, which are not managed under Regulation .04 of this chapter.

Spent lead-acid batteries that are managed under Regulation .04 of this chapter;

Batteries as defined in COMAR 26.13.01.03B that are not yet wastes under COMAR 26.13.02, including batteries that do not meet the criteria for waste generation in §C of this regulation; and

Batteries as defined in COMAR 26.13.01.03B that do not meet the definition of hazardous waste in COMAR 26.13.02.03.

A used battery becomes a waste on the date it is discarded, as defined by the criteria in COMAR 26.13.02.02A(2).

An unused battery becomes a waste on the date the handler decides to discard it.

Recalled pesticides that are stocks of:

Stocks of unused pesticide products, other than those identified in §A(1) of this regulation, that are collected and managed as part of a waste pesticide collection program.

Recalled pesticides described in §A(1) of this regulation, and unused pesticide products described in §A(2) of this regulation, that are managed by farmers in compliance with COMAR 26.13.03.07-4, which addresses disposal of pesticides by a farmer on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label;

Except for a pesticide in an aerosol can as defined in COMAR 26.13.01.03, pesticides not meeting the conditions of §A of this regulation, which shall instead be managed in compliance with the hazardous waste regulations in COMAR 26.13.01—26.13.10.05;

A pesticide in an aerosol can as defined in COMAR 26.13.01.03 that does not meet the conditions of §A of this regulation, which shall be managed either:

Pesticides that are not wastes under COMAR 26.13.02, including pesticides that:

Pesticides that do not meet the definition of hazardous waste in COMAR 26.13.02.03.

A recalled pesticide described in §A(1) of this regulation becomes a waste on the first date on which both of the following conditions apply:

An unused pesticide product described in §A(2) of this regulation becomes a waste on the date that the generator decides to discard it.

Recalled Pesticides.

Unused Pesticide Products.

A lamp, mercury-containing equipment, or a PCB-containing lamp ballast if the item is:

Mercury-containing equipment from which all mercury-containing components have been removed.

A used lamp, used mercury-containing equipment, or a used PCB-containing lamp ballast becomes a waste on the date it is discarded, with “discard” being defined by the criteria in COMAR 26.13.02.02A(2).

An unused lamp, unused mercury-containing equipment, or an unused PCB-containing lamp ballast becomes a waste on the date the handler decides to discard it.

Is not yet waste under COMAR 26.13.02, including an aerosol can that does not meet the criteria for waste generation in §C of this regulation;

Does not meet the criteria of §D of this regulation to be regulated as hazardous waste; or

Qualifies as an empty container under the provisions of COMAR 26.13.02.07B.

A used aerosol can becomes a waste on the date the can is discarded, with “discarded” being defined by the criteria of COMAR 26.13.02.02A(2).

An unused aerosol can becomes a waste on the date the handler decides to discard the can.

Exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14;

Contains a substance listed in COMAR 26.13.02.15—.19; or

Otherwise meets the definition of hazardous waste in COMAR 26.13.02.03.

Household wastes that are exempt under COMAR 26.13.02.04-1A(1) and are also identified among the universal wastes listed in Regulation .06B of this chapter; and

Hazardous wastes that are generated by a Maryland-defined small quantity generator as defined in COMAR 26.13.01.03B and are also identified among the universal wastes listed in Regulation .06B of this chapter.

Dispose of universal waste, unless the handler does so under authority of a hazardous waste disposal facility permit; or

Dilute or treat universal waste, except:

Except as provided in §C(2) and (3) of this regulation, a small quantity handler of universal waste is not required to notify the Department or the U.S. Environmental Protection Agency of universal waste handling activities.

A person who uses a device to crush universal waste lamps is subject to the notification requirement of Regulation .15B(3)(e) of this chapter.

Persons Accepting Universal Waste from Off-site. Except for persons identified in §C(4) of this regulation, a small quantity handler of universal waste who accepts universal waste from off site shall:

The notification requirement of §C(3) of this regulation does not apply if either of the following conditions is met:

In a way that prevents release of any universal waste or any component of universal waste to the environment; and

In compliance with the requirements of this regulation;

Kept closed unless waste is being added to or removed from the container;

Structurally sound;

Compatible with the contents of the battery; and

Free of evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;

Sorting batteries by type;

Mixing battery types in one container;

Discharging batteries to remove the batteries' electric charge;

Regenerating used batteries;

Disassembling batteries or battery packs into individual batteries or cells;

Removing batteries from consumer products; and

Removing electrolyte from batteries;

Each solid waste generated in conducting the activities identified in §C of this regulation; and

Any electrolyte the handler removes from batteries;

Manage any of the items identified in §E of this regulation that meet the definition of hazardous waste in accordance with all applicable requirements of COMAR 26.13.01—26.13.10;

Be considered the generator of the hazardous electrolyte or other hazardous waste identified in §F(1) of this regulation; and

Comply with the requirements of COMAR 26.13.03 in managing the hazardous electrolyte or other hazardous waste identified in §F(1) of this regulation; and

A container that:

A container that does not meet the requirements of §B(1) of this regulation but is overpacked in a container that does meet the requirements of §B(1) of this regulation;

A tank that meets the requirements of COMAR 26.13.06.18, except for:

A transport vehicle or vessel that:

A small quantity handler of universal waste shall manage universal waste mercury-containing equipment in a way that prevents release of any universal waste or any component of universal waste to the environment.

For the purposes of this regulation, “open original housing” means a tube or similar object that is open at one end and that holds mercury while the mercury performs a function in a piece of mercury-containing equipment.

Shall place any universal waste mercury-containing equipment identified in §B(2) of this regulation in a container that is:

Shall place the following universal waste mercury-containing equipment in a container that satisfies the requirements of §B(1)(a)—(e) of this regulation:

May remove mercury-containing ampules from universal waste mercury-containing equipment, if the handler:

May remove an open original housing holding mercury from universal waste mercury-containing equipment if the handler:

May remove from mercury-containing equipment any ancillary equipment that has come in contact with mercury and may manage it as universal waste mercury-containing equipment if the handler:

Shall comply with the following requirements if the handler removes mercury-containing ampules or ancillary equipment from mercury-containing equipment, or if the handler seals mercury from mercury-containing equipment in its original housing:

Shall contain any lamp that the handler is managing as universal waste in a container or package that is:

Shall immediately:

May use a device to crush mercury-containing universal waste lamps if:

Structurally sound;

Adequate to prevent damage to the container's contents that could result in a release of hazardous constituents;

Compatible with the contents of the PCB-containing lamp ballast;

Kept closed, except when adding waste to, or removing waste from, the container; and

Free of evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

Accumulate universal waste aerosol cans in a container that is:

Manage a universal waste aerosol can that show evidence of leakage by:

Sorting aerosol cans by type;

Commingling intact aerosol cans in one container; and

Removing actuators to reduce the risk that an accidental release will occur.

Recycle the empty punctured aerosol can;

Conduct puncturing and draining activities using a device specifically designed to:

Establish and follow a written procedure that specifies how to safely puncture and drain the universal waste aerosol can, including details about the following topics:

Maintain, on site, a copy of the manufacturer’s operating instructions and specifications for the device that is being used for puncturing and draining;

Ensure that persons performing puncturing and draining activities are trained in the proper procedures for conducting the activities.

Ensure that puncturing of the can is done in a manner that:

Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements in:

Conduct a hazardous waste determination in accordance with the requirements of COMAR 26.13.03.02—.02-2 on:

Manage any hazardous waste generated as a result of puncturing and draining the aerosol can in accordance with all applicable requirements of COMAR 26.13.01—.10, with the universal waste handler being considered the generator of the hazardous waste and subject to the requirements of COMAR 26.13.03;

Manage nonhazardous waste generated as a result of puncturing and draining the aerosol can in accordance with applicable State, federal, and local solid waste regulations; and

Satisfy the following requirements concerning emergency preparedness and response:

A small quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified in §A(2) of this regulation.

A small quantity handler of universal waste shall:

As an alternative to the requirements of §A(2)(d) of this regulation, a small quantity handler of universal waste mercury-containing equipment may clearly label or mark a universal waste mercury-containing thermostat or a container that holds only universal waste mercury-containing thermostats with any of the following phrases:

Unless the requirements of §B(2) of this regulation are met, a small quantity handler of universal waste may accumulate universal waste for not longer than 1 year from the date the universal waste is generated, or received from another universal waste handler.

A small quantity handler of universal waste may accumulate universal waste for longer than 1 year from the date the universal waste is generated, or received from another universal waste handler, if:

A small quantity handler of universal waste shall:

Proper handling procedures for each type of universal waste handled at the facility; and

Emergency procedures appropriate for the types of universal waste handled at the facility.

A small quantity handler of universal waste shall:

If a small quantity handler of universal waste has a release of hazardous waste, the handler:

A small quantity handler of universal waste may not send or take universal waste to a place other than:

If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of Regulation .22 of this chapter while transporting the universal waste.

If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171—180, a small quantity handler of universal waste shall package, label, mark, and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. Department of Transportation regulations under 49 CFR 172—180.

Before sending a shipment of universal waste to another universal waste handler, the originating handler shall verify that the receiving handler agrees to receive the shipment.

If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either:

Rejecting Shipments of Universal Waste.

If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, and the handler does not have a permit to accept that hazardous waste, the handler shall immediately:

If a small quantity handler of universal waste receives a shipment of nonhazardous, nonuniversal waste, the handler may manage the waste in any way that is in compliance with applicable federal, State, and local solid waste regulations.

This regulation and Regulations .20 and .21 of this chapter apply to large quantity handlers of universal waste as defined in COMAR 26.13.01.03B.

A universal waste handler retains the classification of a large quantity handler of universal waste at least until the end of the calendar year in which the handler was classified as a large quantity handler, even if the amount of universal waste that the handler has accumulated becomes less than 5,000 kilograms.

If a handler does not have an accumulation of 5,000 kilograms or more of universal waste on January 1 of a given year, the handler may elect to be regulated as a small quantity handler of universal waste under Regulations .11—.18 of this chapter until the handler accumulates 5,000 kilograms or more of universal waste for the first time in that calendar year.

Dispose of universal waste, unless the handler does so under authority of a hazardous waste disposal facility permit; or

Dilute or treat universal waste, except:

Except as provided in §C(2) of this regulation, a large quantity handler of universal waste, before accumulating 5,000 kilograms of universal waste for the first time, shall:

A large quantity handler of universal waste who has already notified EPA or the Department of the handler's hazardous waste management activities and who has received an EPA identification number is considered to have satisfied the requirements of §C(1) of this regulation.

Receipt of Shipments.

Shipments Off-Site.

Record Retention. A large quantity handler of universal waste shall retain the records:

May not dispose of universal waste; and

Except as provided in §E of this regulation, may not dilute or treat universal waste.

For any universal waste that meets the definition of hazardous material in 49 CFR §171.8, or that meets the criteria for one or more hazard classes specified in 49 CFR §173.2, a universal waste transporter shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR 171—180.

Because shipments of universal waste are not required to be accompanied by a hazardous waste manifest:

A universal waste transporter may not store a given item of universal waste at a universal waste transfer facility for more than 10 days.

If a universal waste transporter stores a given item of universal waste for more than 10 days, the transporter:

Immediately contain all releases of universal wastes and other residues from universal wastes; and

Determine whether any material resulting from a release associated with the management of universal waste is hazardous waste, and if it is, manage the hazardous waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10.

A universal waste transporter may not transport the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

If a universal waste being shipped off-site meets the U.S. Department of Transportation's definition of hazardous materials under 49 CFR §171.8, the transporter shall ensure that the shipment is properly described on a shipping paper in accordance with the applicable U.S. Department of Transportation regulations under 49 CFR 172.

The owner or operator of a destination facility as defined in COMAR 26.13.01.03B is subject to all applicable requirements of COMAR 26.13.05—26.13.10, and the notification requirement under §3010 of RCRA.

The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled, shall comply with COMAR 26.13.02.06C(2).

The owner or operator of a destination facility may not send or take universal waste to a place other than a universal waste handler, another destination facility, or a destination outside the United States.

Rejection of Shipments.

If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, and the facility does not have a permit to accept that hazardous waste, the owner or operator of the destination facility shall:

If the owner or operator of a destination facility receives a shipment of nonhazardous, nonuniversal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal, State, and local solid waste regulations.

Receipt of Shipments.

Record Retention. The owner or operator of a destination facility shall retain the records required by §C(1) of this regulation for a given shipment of universal waste for at least 3 years from the date of receipt of the shipment of universal waste.

This regulation establishes requirements for persons managing universal waste that is imported from a country outside the United States into the United States.

The requirements of this regulation apply immediately after the universal waste enters the United States.

A person subject to this regulation is subject to the requirements of 40 CFR Part 262, Subpart H, and the applicable requirements of §B of this regulation.

A universal waste transporter is subject to the universal waste transporter requirements of Regulation .22 of this chapter;

A universal waste handler is subject to the following requirements, depending upon whether the handler is classified as a small quantity handler of universal waste or a large quantity handler of universal waste:

An owner or operator of a destination facility is subject to the requirements of Regulation .23 of this chapter.

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.

General requirements relating to these petitions are established in COMAR 26.13.01.04J.

The extent to which:

Any factors in addition to those identified in §B(1) of this regulation that may be appropriate.

Generated by small quantity generators, that is, persons that generate and accumulate hazardous waste in amounts less than those identified in COMAR 26.13.02.05A, C, and D(3); or

Household waste, as defined in COMAR 26.13.02.04-1B.

A person that generates, in a calendar year, more than 200 kilograms of waste fluorescent lamps meeting the criteria of §A of this regulation shall assure that the waste lamps are delivered to a:

For the purposes of §B(1) of this regulation, waste fluorescent lamps include lamps that are to be disposed and lamps that are to be recycled.

Unless otherwise provided under federal or State law:

Where equipment is used to recapture mercury from mercury-added fluorescent lamps for the purpose of recycling or reusing the mercury; or

That collects mercury containing components from mercury-added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.

This regulation and Regulations .28—.31 of this chapter specify the:

Unless otherwise specified in this regulation or Regulations .28—.31 of this chapter, all applicable requirements in COMAR 26.13.01—26.13.07 and 26.13.10.01 —.04 apply to waste military munitions.

A military munition is not a solid waste when:

For the purposes of §B(1)(a) of this regulation, “used for its intended purpose” does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.

An unused military munition is a solid waste when any of the following occurs:

A used or fired military munition is a solid waste:

Used or Fired Military Munitions Landing Off-Range.

Applies to the transport of military munitions by:

Does not apply to the transport of waste military munitions by persons who are not required by the U.S. Department of Defense (DOD) to comply with DOD military munitions shipping controls.

Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as a hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous waste and are subject to COMAR 26.13.01—26.13.07 and 26.13.10.01—.04, unless all the following conditions are met:

If any waste military munitions shipped under §B(1) of this regulation are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility shall report this nonreceipt to the Secretary within 5 days.

The exemption in §B(1) of this regulation from regulation as hazardous waste:

The conditional exemption in §B(1) of this regulation applies only as long as all the conditions in §B(1) of this regulation are met.

If any waste military munition loses its exemption under §B(1) of this regulation, a person responsible for managing the munition may file an application with the Secretary for reinstatement of the exemption from hazardous waste transport regulation with respect to the waste military munition as soon as the waste military munition is returned to compliance with the conditions of §B(1) of this regulation.

If the Secretary finds that reinstatement of the exemption is appropriate based on factors such as the transporter's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the Secretary may reinstate the exemption under §B(1) of this regulation.

If the Secretary does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be considered to have been granted, retroactive to the date of the application.

The Secretary may terminate a reinstatement of a conditional exemption that occurred by default under §C(3) of this regulation, if the Secretary finds that reinstatement is inappropriate based on factors such as the transporter's failure to provide a satisfactory explanation of the circumstances of the violation or a failure to demonstrate that the violations are not likely to recur.

In reinstating the exemption under §B(1) of this regulation, the Secretary may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

The Department of Defense shipping controls referred to in §B(1)(b) of this regulation are the following, as constituted on November 8, 1995, except as provided in §D(2) of this regulation:

For the purposes of §B(1)(b) of this regulation, a person shall adhere to the Department of Defense shipping controls identified in §D(1) of this regulation as amended by the Department of Defense, with the effective date of an amendment being the date the Department of Defense publishes notice in the Federal Register that the shipping control has been amended.

A waste military munition in storage that exhibits a characteristic of hazardous waste or is listed as hazardous waste under COMAR 26.13.02 is listed or identified as a hazardous waste and is subject to COMAR 26.13.01—26.13.10, unless all the following conditions are met:

The conditional exemption in §A(1) of this regulation from regulation as hazardous waste:

The conditional exemption in §A(1) of this regulation applies only as long as all of the conditions in §A(1) of this regulation are met.

If any waste military munition loses its conditional exemption from hazardous waste storage regulations under §A(1) of this regulation, the owner or operator of the unit in which the waste is being stored may file an application with the Secretary for reinstatement of the conditional exemption.

The owner or operator may file the application for reinstatement of the conditional exemption under §C(1) of this regulation as soon as the waste military munition is returned to compliance with the conditions of §A(1) of this regulation.

If the Secretary finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner's or operator's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the Secretary may reinstate the conditional exemption under §A(1) of this regulation.

If the Secretary does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement is considered to have been granted, retroactive to the date of the application.

The Secretary may terminate the reinstatement of a conditional exemption that occurred by default under §C(4) of this regulation, if the Secretary finds that reinstatement is inappropriate based on factors such as the owner's or operator's failure to provide a satisfactory explanation of the circumstances of the violation or a failure to demonstrate that the violations are not likely to recur.

In reinstating the exemption under §A(1) of this regulation, the Secretary may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.

Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous waste and are subject to the applicable regulatory requirements of COMAR 26.13.

Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as a hazardous waste under COMAR 26.13.02 are not subject to the storage prohibition in RCRA §3004(j), codified at 40 CFR §268.50.

The DDESB storage standards applicable to waste military munitions referenced in §A(1)(c) of this regulation are DOD 6055.9-STD, “DOD Ammunition and Explosives Safety Standards” as adopted by the DDESB effective October 5, 2004, except as provided in §E(2) of this regulation.

For the purposes of §A(1)(c) of this regulation, “DDESB storage standards applicable to waste military munitions” become an amended version of the standards referenced in §E(1) of this regulation on the date the Department of Defense publishes notice in the Federal Register that the DDESB standard has been amended.

Establish requirements for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors; and

Identify certain pharmaceuticals that are excluded from regulation under COMAR 26.13.01—.10.

“Evaluated hazardous waste pharmaceutical”;

“Hazardous waste pharmaceutical”;

“Healthcare facility”;

“Household waste pharmaceutical”;

“Long-term care facility”;

“Non-creditable hazardous waste pharmaceutical”;

“Non-hazardous waste pharmaceutical”;

“Non-pharmaceutical hazardous waste”;

“Pharmaceutical”;

“Potentially creditable hazardous waste pharmaceutical”; and

“Reverse distributor”.

Except as specified in this section, the following pharmaceuticals are not subject to regulation under COMAR 26.13.01—26.13.10:

The residue of a hazardous waste pharmaceutical that remains in a stock container, dispensing container, unit dose container, syringe, or intravenous bag that is empty according to the criteria in Regulation .35 of this chapter is not regulated as hazardous waste.

A healthcare facility that 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:

A long-term care facility with 20 beds or fewer:

Based on the criteria specified in COMAR 26.13.03.01-1B, a healthcare facility is subject to the requirements specified in §E(3) of this regulation if, in a calendar month:

§F of this regulation provides a summary, in a tabular format, of the criteria specified in §E(1) of this regulation.

A healthcare facility identified in §E(1) of this regulation is subject to the following instead of COMAR 26.13.02—26.13.06 in managing hazardous waste pharmaceuticals:

A healthcare facility shall manage its non-pharmaceutical hazardous waste in accordance with all applicable requirements of COMAR 26.13.01—26.13.10 based on whether the facility is a fully regulated generator or a Maryland-defined small quantity generator, as defined in COMAR 26.13.01.03B, taking into account the total amount of hazardous waste generated and accumulated, including both pharmaceutical hazardous waste and non-pharmaceutical hazardous waste.

Table 1 of §F(3) of this regulation:

If a healthcare facility also generates 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 COMAR 26.13.02.16 or COMAR 26.13.02.19E, the facility shall also consider that waste in determining the facility’s federal generator category for the purposes of §E(1) of this regulation, based on the criteria in COMAR 26.13.03.01-1B.

Table 1.

Is subject to Regulations .33—.35 and .47—.49 of this chapter instead of COMAR 26.13.03—26.13.06 with respect to the management of hazardous waste pharmaceuticals; and

Shall manage its non-pharmaceutical hazardous waste in accordance with all applicable requirements of COMAR 26.13.01—26.13.10.

Is not subject to Regulations .33—.49 of this chapter; and

Shall manage the hazardous waste pharmaceutical in accordance with the applicable requirements of COMAR 26.13.03.

A healthcare facility that meets any of the following criteria:

A reverse distributor.

A hazardous waste pharmaceutical that is also listed on a schedule of controlled substances by the Drug Enforcement Administration in 21 CFR Part 1308; and

A household waste pharmaceutical that is collected in a take-back event or program, including, but not limited to, a household waste pharmaceutical that is:

Managed in compliance with the sewer prohibition of Regulation .33 of this chapter;

Collected, stored, transported, and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances; and

Either:

Except as provided in §C(2) of this regulation, the following containers are considered empty, and any residues remaining in the containers are not regulated as hazardous waste if the pharmaceuticals have been removed from the container using the practices commonly employed to remove materials from that type of container:

The criterion of §C(1) of this regulation does not apply to a stock bottle, dispensing bottle, vial, or ampule that exceeds 1 liter or has a capacity of more than 10,000 pills.

A syringe is considered empty and the residues are not regulated as hazardous waste if the contents of the syringe have been removed by fully depressing the plunger of the syringe.

At a healthcare facility that is operating under Regulations .32—.47 of this chapter, if a syringe is not empty, the generator of the waste shall place the syringe with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of:

An IV bag is considered empty and the residues are not regulated as hazardous waste if:

At a healthcare facility that is operating under Regulations .32—.47 of this chapter, if an IV bag that is going to be discarded is not empty as specified in §E(1) of this regulation, the generator shall place the IV bag with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a noncreditable hazardous waste pharmaceutical under Regulations .33 — .47 of this chapter.

This section applies to any type of container, including a delivery device, that:

Examples of containers subject to this section include inhalers, aerosol cans, nebulizers, and tubes of ointments, gels, or creams.

Except as specified in §F(4) of this regulation, at a healthcare facility that is operating under Regulations .32—.47 of this chapter, the generator of a container identified in §F(1) of this regulation that is going to be discarded shall manage the container as a non-creditable hazardous waste pharmaceutical under Regulations .33—.47 of this chapter.

§F(3) of this regulation does not apply if the container that is going to be discarded:

This regulation applies to a healthcare facility that:

The provisions of §B—D of this regulation may be used by a healthcare facility that meets the criteria of §A(1)(b) of this regulation.

The receiving site is a healthcare facility that is:

The healthcare facility proposes to send the hazardous waste pharmaceutical off-site to a hazardous waste generator, and:

Except as provided in §D(2) of this regulation, a long-term care facility that meets the conditions in §A of this regulation may dispose of a hazardous waste pharmaceutical in an on-site collection receptacle of an authorized collector, as defined by the Drug Enforcement Administration, that is registered with the Drug Enforcement Administration if the contents of the receptacle are collected, stored, transported, destroyed, and disposed of in compliance with all Drug Enforcement Administration regulations for controlled substances.

§D(1) of this regulation does not apply to contaminated personal protective equipment or clean-up materials.

Meets the criteria specified in Regulation .32E(1) of this chapter or is identified in Regulation .32E(2) of this chapter as being subject to these requirements; or

Is identified in Regulation .32D(1) of this chapter and has voluntarily elected to comply with this regulation and Regulations .38—.48 of this chapter, as provided in Regulation .32D(1)(b) of this chapter.

Manage the following in accordance with the provisions of Regulations .38—.45, and .47 of this chapter:

Manage potentially creditable hazardous waste pharmaceuticals that are destined for a reverse distributor in accordance with the provisions of Regulations .38, .46 and .48 of this chapter.

Is operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals; and

Will no longer be operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals.

A healthcare facility shall notify the Department that the healthcare facility is operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals by:

A healthcare facility submitting a notification under this section is not required to list waste codes for the facility’s hazardous waste pharmaceuticals in Box 10B of the Site Identification Form, but shall list waste codes in Box 10B for non-pharmaceutical hazardous wastes that are generated or managed at the facility.

A person that is the owner or operator of multiple sites or locations that are operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals shall submit a separate notification for each site or existing EPA identification number, except that a single notification is required for a location with multiple sites that are considered to be on the site of a single facility.

Deadlines for the Notification Required by §B(1) of this Regulation.

A healthcare facility shall keep a copy of its notification on file for as long as the healthcare facility is operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals.

Applicability. This section applies to a healthcare facility that:

A healthcare facility identified in §C(1) of this regulation shall:

A healthcare facility submitting a notification under this section is not required to list waste codes for the facility’s hazardous waste pharmaceuticals in Box 10B of the Site Identification Form.

A person that is the owner or operator of multiple sites or locations that are required to submit notification under this section shall submit a separate notification of withdrawal for each affected site or existing EPA identification number, except that a single notification is required for a location with multiple sites that are considered to be on the site of a single facility.

A healthcare facility that generates a solid waste that is a non-creditable pharmaceutical shall determine whether that pharmaceutical is a hazardous waste pharmaceutical by determining whether the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, and whether the waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14.

In determining whether a solid waste is a hazardous waste, a healthcare facility shall follow the procedures in COMAR 26.13.03.02-1.

A healthcare facility shall use the hazardous waste determination conducted in accordance with this section to determine the applicability of Regulations .32—.48 of this chapter to the waste, except that the healthcare facility may choose to manage its non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals under Regulations .32—.48 of this chapter.

Shall ensure that the non-creditable hazardous waste pharmaceuticals generated by the facility are managed in accordance with the land disposal restrictions of 40 CFR Part 268, as incorporated by reference at COMAR 26.13.09.03A; and

Immediately contain a spill of a non-creditable hazardous waste pharmaceutical; and

Manage spill cleanup materials as non-creditable hazardous waste pharmaceuticals in accordance with Regulations .32—.48 of this chapter.

Is structurally sound;

Is compatible with the contents of the container; and

Lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

Generate:

Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion;

Damage the structural integrity of the container; or

Threaten human health or the environment through means other than those identified in §B(1)—(4) of this regulation.

Except as provided in §D(2) of this regulation, a healthcare facility may accumulate non-creditable hazardous waste pharmaceuticals and non-hazardous non-creditable waste pharmaceuticals in the same container.

A healthcare facility may not accumulate the following non-creditable hazardous waste pharmaceuticals in the same container with non-hazardous non-creditable waste pharmaceuticals:

A healthcare facility shall label a container that contains a non-creditable hazardous waste pharmaceutical identified in §D(2) of this regulation with all applicable EPA hazardous waste numbers, which are also referred to as hazardous waste codes.

Obtain a CHS permit issued under COMAR 26.13.07 that authorizes storage of the pharmaceutical; or

Qualify for interim status, as defined in COMAR 26.13.01.03B, with respect to the waste management unit in which the pharmaceutical is being managed.

Marking or labeling the container of the non-creditable hazardous waste pharmaceutical with the date that the non-creditable hazardous waste pharmaceutical became a waste;

Maintaining an inventory system that identifies the date that the non-creditable hazardous waste pharmaceutical item being accumulated became a waste; or

Placing the non-creditable hazardous waste pharmaceutical in a specific area in which non-creditable hazardous waste pharmaceuticals are accumulated, identifying the earliest date that any of the non-creditable hazardous waste pharmaceuticals in the area became a waste, and having that information readily available during a compliance inspection, by, for example, marking or labeling the accumulation area with the accumulation start-date, or by entering the current earliest accumulation start-date in a log book or facility operating record.

COMAR 26.13.05.05C or COMAR 26.13.06.05, as applicable, if the designated facility is located in Maryland; or

40 CFR §264.72 or 40 CFR §265.72, as applicable, or equivalent state requirements, if the designated facility is not located in Maryland.

Sign either:

Provide the transporter with a copy of the manifest;

Within 30 days of receipt of the rejected shipment, send a copy of the manifest to the designated facility that returned the shipment to the healthcare facility; and

Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment in accordance with the shipping standards of Regulation .47A—E of this chapter.

For a shipment of a non-creditable hazardous waste pharmaceutical from a healthcare facility to a designated facility, if the healthcare facility does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date that the initial transporter accepted the non-creditable hazardous waste pharmaceutical, the healthcare facility shall submit the following to the unit in the Department responsible for oversight of the State’s hazardous waste management program:

For a shipment of a non-creditable hazardous waste pharmaceutical from a healthcare facility that was rejected by the designated facility and shipped to an alternate facility using appropriate manifest procedures, if the healthcare facility has not received, within 60 days of the date the rejected shipment was accepted by the initial transporter forwarding the shipment from the originally designated facility to the alternate facility, a copy of the manifest with the signature of the owner or operator of the alternate facility, the healthcare facility shall submit the following to the unit in the Department responsible for oversight of the State’s hazardous waste management program:

Keep a copy of each manifest signed in accordance with COMAR 26.13.03.04E(1) for 3 years or until the healthcare facility receives a signed copy of the manifest from the designated facility that received the non-creditable hazardous waste pharmaceuticals that are being tracked by the manifest;

Retain as a record each signed copy of a manifest received from the designated facility identified on the manifest, with the period of retention being at least 3 years from the date the waste was accepted by the initial transporter; and

Keep a copy of each exception report required by Regulation .43B of this chapter for a period of at least 3 years from the date of the report;

Unless a healthcare facility is excluded from this requirement by §B(3) of this regulation, a healthcare facility shall keep records of any test result, waste analysis, or other determination made to support the healthcare facility’s hazardous waste determinations consistent with COMAR 26.13.03.02-2, the record keeping requirements for hazardous waste determinations by generators of hazardous waste.

Unless the period of retention is extended in accordance with §C of this regulation, a healthcare facility shall retain the records identified in §B(1) of this regulation for at least 3 years from the date that the waste that was the subject of the waste determination was last sent to on-site or off-site treatment, storage, or disposal.

A healthcare facility that manages all of the healthcare facility’s non-creditable non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals is not required to keep documentation of hazardous waste determinations for waste pharmaceuticals.

Automatically during the course of any unresolved enforcement action regarding the regulated activity; or

As requested by the Department or the Regional Administrator of Region 3 of the EPA.

The off-site facility qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste;

Either:

The receiving facility:

“Person” has the meaning given by the definition in COMAR 26.13.01.03B; and

“Control”:

A healthcare facility that generates a solid waste that is a potentially creditable pharmaceutical shall determine whether that pharmaceutical is a hazardous waste pharmaceutical by determining whether the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, and whether the waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14.

In determining whether a solid waste is a hazardous waste, a healthcare facility shall follow the procedures in COMAR 26.13.03.02-1.

A healthcare facility shall use the hazardous waste determination conducted in accordance with this section to determine the applicability of Regulations .32—.49 of this chapter to the waste, except that the healthcare facility may choose to manage its potentially creditable non-hazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under Regulations .32—.49 of this chapter.

This section establishes conditions under which a healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste.

Regulation .32F of this chapter specifies criteria that determine whether a generator of hazardous waste pharmaceuticals qualifies as a very small quantity generator of hazardous waste under federal regulations.

. For the purposes of this regulation:

A healthcare facility that does not have a permit or interim status that allows the facility to accept hazardous waste from off site may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility if:

Keep the following records, in either a paper or electronic format, for each shipment of a potentially creditable hazardous waste pharmaceutical:

Unless the period of retention is extended in accordance with §E(3) of this regulation, retain the records identified in §E(1) of this regulation for at least 3 years from the date of shipment;

Maintain a record beyond the period specified in §E(2) of this regulation:

Ensure that any record required to be kept by this regulation is made readily available upon the request of an inspector representing the Department or the EPA.

Immediately contain a spill of a potentially creditable hazardous waste pharmaceutical; and

Manage clean-up materials from a spill of a potentially creditable hazardous waste pharmaceutical as non-creditable hazardous waste pharmaceuticals in accordance with Regulations .32—.48 of this chapter.

A healthcare facility shipping non-creditable hazardous waste pharmaceuticals off site; and

A reverse distributor shipping evaluated hazardous wastes pharmaceuticals off site.

Ship the waste identified in §A of this regulation to a designated facility that is authorized to accept the specified hazardous waste by a hazardous waste facility permit, interim status authority, or other legal mechanism consistent with state and federal hazardous waste regulations; and

Ensure that the waste is transported by a transporter that has been issued a CHS Hauler Certificate in accordance with COMAR 26.13.04.01C.

Package the waste in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Parts 173, 178, and 180;

Label each package in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172 Subpart E;

Mark each package of hazardous waste pharmaceuticals in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172 Subpart D;

Mark each container of 119 gallons or less being used in the off-site shipment with the following words and information in accordance with the requirements of 49 CFR § 172.304:

Mark each lab pack container that will be incinerated in compliance with 40 CFR § 268.42(c) as follows:

Placard the shipment 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.

Comply with the requirements of §C of this regulation; and

Mark each container of 119 gallons or less that is being used in the off-site shipment with the EPA hazardous waste numbers of the wastes in the container by either:

Except as specified in §E(2) of this regulation, a person identified in §A of this regulation shall comply with the manifest requirements of COMAR 26.13.03.04.

A healthcare facility shipping non-creditable hazardous waste pharmaceuticals:

A healthcare facility or reverse distributor that exports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to COMAR 26.13.02.07.

Import Requirements.

Shall, upon receipt of the shipment, provide confirmation of receipt to the healthcare facility or reverse distributor that initiated the shipment;

Shall indicate in the confirmation of receipt that the shipment of potentially creditable hazardous waste pharmaceuticals has arrived at its destination and is under the control of the reverse distributor; and

May provide the confirmation of receipt in a paper format or an electronic format.

Report that the delivery confirmation has not been received; and

Determine the status of the potentially creditable hazardous waste pharmaceuticals that were shipped.

Is not required to comply with the manifesting requirements of 40 CFR § 262.83(c);

Shall comply with:

A person that imports potentially creditable hazardous waste pharmaceuticals into the United States is subject to §§A—C of this regulation instead of 40 CFR Part 262, Subpart H.

Immediately after a potentially creditable hazardous waste pharmaceutical enters the United States, the potentially creditable hazardous waste pharmaceutical is subject to all applicable requirements of Regulations .32—.49 of this chapter.

May do so without meeting the requirements of COMAR 26.13.04 that apply to persons who transport hazardous waste; and

Shall comply with all applicable requirements of the U.S. Department of Transportation for the transport of hazardous materials.

Potentially creditable hazardous waste pharmaceuticals; and

Evaluated hazardous waste pharmaceuticals.

As qualified by §C(2) of this regulation, a reverse distributor shall manage potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals in accordance with the following:

In complying with the provisions of 40 CFR §266.510 cited in §C(1) of this regulation, a reverse distributor shall:

Ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with the requirements of Regulation .48 of this chapter;

Ship evaluated hazardous waste pharmaceuticals in accordance with the requirements of Regulation .47 of this chapter; and

Ensure that an evaluated hazardous waste pharmaceutical that is shipped off-site from a location within the State or to a facility within the State is transported by a hauler and vehicle that is in compliance with COMAR 26.13.04.01C.

Does not meet the conditions of this Regulation;

Accepts manifested hazardous waste from off-site; or

Treats or disposes of hazardous waste pharmaceuticals on site.