Applicability. This regulation applies to recyclable materials that are applied to or placed on the land: Without mixing with any other substance or substances; or After mixing or combining with any other substance or substances. 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: The recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means; For each recyclable material, that is, hazardous waste, that the product contains, the product meets the applicable: Treatment standards in 40 CFR Part 268, Subpart D; or Prohibition levels in 40 CFR §268.32 or RCRA §3004(d), if no treatment standards have been established under 40 CFR Part 268, Subpart D; and The recycler complies with the requirements of 40 CFR §268.7(b)(6), either directly or, if located in Maryland, as qualified by COMAR 26.13.09.03B. 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. Standards Applicable to Generators and Transporters of Materials Used in a Manner That Constitutes Disposal. Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of COMAR 26.13.03 and 26.13.04 and the notification requirement of Section 3010 of RCRA. Standards Applicable to Storers of Materials That Are To Be Used in a Manner That Constitutes Disposal, Who Are Not the Ultimate Users. Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of COMAR 26.13.02, 26.13.05.01—.12, 26.13.06.01—.20, and 26.13.07, and the notification requirement under §3010 of RCRA. Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal. 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. Applicability. 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: Hazardous wastes that are exempt from regulation under the provisions of COMAR 26.13.02.04, .04-1, and .06A(3); Except as provided in §D of this regulation, used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in COMAR 26.13.02. This used oil is subject to regulation under COMAR 26.10.15, 26.13.02.06A(3)(c), 26.13.04.01D(4), and 26.13.10.05, rather than this regulation. Prohibitions. A person may market hazardous waste fuel only: To persons who have notified the State of their hazardous waste fuel activities and have a U.S. EPA identification number; and If the fuel is burned, to persons who burn the fuel in boilers or industrial furnaces identified in §B(2) of this regulation. 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. Standards Applicable to Generators of Hazardous Waste Fuel. 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. Standards Applicable to Transporters of Hazardous Waste Fuel. Transporters of hazardous waste fuel, and hazardous waste that is used to produce a fuel are subject to COMAR 26.13.04. Standards Applicable to Marketers of Hazardous Waste Fuel. Persons who market hazardous waste fuel are termed “marketers”. Marketers include generators who market hazardous waste fuel directly to a burner, persons who receive hazardous waste from generators and produce, process, or blend hazardous waste fuel from these hazardous wastes, and persons who distribute but do not process or blend hazardous waste fuel. These persons are subject to the following requirements: 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. Before a marketer initiates the first shipment of hazardous waste fuel to a burner or another marketer, he shall obtain a one-time written and signed notice from the burner or marketer certifying that: The burner or marketer has notified EPA and the Secretary under §3010 of RCRA and identified his waste-as-fuel activities; and If the recipient is a burner, the burner will burn the hazardous waste fuel in a facility permitted under COMAR 26.13.05.15 or .16 and COMAR 26.13.07.05. Before a marketer accepts the first shipment of hazardous waste fuel from another marketer, he shall provide the other marketer with a one-time written and signed certification that he has notified EPA and the Secretary under Section 3010 of RCRA and identified his hazardous waste fuel activities. 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. Standards Applicable to Burners of Hazardous Waste Fuel. Owners and operators of industrial furnaces and boilers identified in §B(2) that burn hazardous waste fuel for energy recovery are “burners”, and are subject to the following requirements: 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. For short term accumulation by generators who burn their hazardous waste fuel on-site, the applicable provisions of COMAR 26.13.03.03-3—.03-10. For storage facilities the applicable provisions of COMAR 26.13.05.01—.12 and 26.13.07. 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: He has notified EPA under Section 3010 of RCRA and identified his waste-as-fuel activities; and He will burn the fuel only in a boiler or furnace identified in §B of this regulation and COMAR 26.13.05.16. 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. This regulation applies to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these. Persons who generate, transport, or store recyclable materials regulated by this regulation are subject to the following requirements: 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. Persons who store recycled materials that are regulated under this regulation shall: Keep the following records to document that they are not accumulating these materials speculatively as defined in COMAR 26.13.02: Records showing the volume of these materials stored at the beginning of the calendar year, The amount of these materials generated or received during the calendar year, and The amounts of materials remaining at the end of the calendar year; and Comply with the storage requirements for generators found in COMAR 26.13.03. A recyclable material that is subject to this regulation that is material accumulated speculatively, as defined in COMAR 26.13.02.01D, is subject to all applicable provisions of COMAR 26.13.03—26.13.10. Applicability. 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. A person may choose to manage spent lead-acid batteries under the provisions applicable to universal waste batteries in COMAR 26.13.10.06—.25, rather than under the requirements of this regulation. Management Requirements — General. 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: By regeneration, shall comply with §D of this regulation; and By a means other than regeneration and who: Store the spent batteries at a permitted CHS facility before reclaiming them, shall comply with §E of this regulation; Store the spent batteries at an interim status facility before reclaiming them, shall comply with §F of this regulation; Do not store the spent batteries before they reclaim them, shall comply with §G of this regulation; Store the spent batteries before they are reclaimed by others, shall comply with §H of this regulation; and Generate, collect, or transport the spent batteries, shall comply with §I of this regulation. 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. Requirements — Reclamation by Regeneration. Persons who manage spent batteries that are to be reclaimed through regeneration, such as by electrolyte replacement: Are exempt from the following requirements with respect to management of those batteries, including the regeneration: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.09; and The notification requirements of §3010 of RCRA; and Are subject to the requirements of COMAR 26.13.02. Requirements — Permitted Facilities That Reclaim Spent Batteries. Owners or operators of facilities that store spent batteries before reclaiming them by a means other than regeneration are subject to the following requirements: 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: COMAR 26.13.05.02D, which concerns waste analysis; COMAR 26.13.05.05B, which concerns use of manifests; and COMAR 26.13.05.05C, which concerns manifest discrepancies; 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. Requirements — Interim Status Facilities That Reclaim Spent Batteries. Owners or operators of interim status facilities that store spent batteries before reclaiming them by a means other than regeneration are subject to the following requirements: 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: COMAR 26.13.05.02D, which concerns waste analysis, and which the owner or operator would otherwise be required to comply with by COMAR 26.13.06.02A; COMAR 26.13.05.05B, which concerns use of manifests, and which the owner or operator would otherwise be required to comply with by COMAR 26.13.06.05; and COMAR 26.13.05.05C, which concerns manifest discrepancies, and which the owner or operator would otherwise be required to comply with by COMAR 26.13.06.05; 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. Requirements — Reclamation Without Storage. Persons who reclaim spent batteries by a method other than regeneration and do not store the spent batteries before reclaiming them are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.07; and The notification requirements of §3010 of RCRA; and Subject to: Applicable requirements of COMAR 26.13.09; and If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H. Requirements — Storage Before Reclamation by Persons Other Than the Reclaimer. Persons who store spent batteries that are to be reclaimed by a method other than regeneration, and who do not themselves reclaim the batteries are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.07; and The notification requirements of §3010 of RCRA; and Subject to: Applicable requirements of COMAR 26.13.09; and If the batteries are imported from a foreign country, 40 CFR Part 262, Subpart H. Requirements — Generation, Collection, and Transport of Batteries That Will Be Reclaimed. Persons who generate, collect, or transport spent batteries that will be reclaimed by a method other than regeneration, or who perform any combination of these activities, are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; COMAR 26.13.04—26.13.07; and The notification requirements of §3010 of RCRA; and Subject to the applicable requirements of COMAR 26.13.09. Requirements — Exports of Batteries That Will Be Reclaimed. Persons who export batteries to be reclaimed through regeneration or any other means in a foreign country are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.03, except for COMAR 26.13.03.02, which concerns hazardous waste determination; and COMAR 26.13.04—.07 and .09; and Subject to 40 CFR Part 262, Subpart H. Requirements — Transport of Batteries That Will Be Exported and Reclaimed. Persons who transport batteries in the U.S. to export them to be reclaimed through regeneration or any other means in a foreign country are: Exempt from the following requirements with respect to those batteries: COMAR 26.13.04—.07 and .09; and The notification requirements of §3010 of RCRA; and Subject to 40 CFR Part 262, Subpart H. Purpose. This regulation identifies circumstances under which used oil is regulated as hazardous waste, and identifies other regulations with which persons managing used oil are required to comply. Applicability. This regulation applies to used oil as defined in COMAR 26.13.01.03B, and to other materials, whether or not the used oil or other materials exhibit any characteristics of hazardous waste identified in COMAR 26.13.02.10—.14. Mixtures of Used Oil and Waste that is Listed as Hazardous. 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. Mixtures of Used Oil and Characteristic Hazardous Waste. Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14 are regulated as: 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. Mixing Used Oil and Characteristic 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: Hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14; and Hazardous waste that is listed in COMAR 26.13.02.16—.19 solely because it exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14. 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. A person who generates hazardous waste that is subject to reduced regulatory requirements under COMAR 26.13.02.05 shall comply with §E of this regulation with respect to mixing the waste with used oil. Materials Containing or Otherwise Contaminated with Used Oil. 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 Not regulated as used oil; and Subject to applicable regulations of COMAR 26.13.01—26.13.10. 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. Mixtures of Used Oil with Products. 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 Derived from Used Oil. 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: Regulated as used oil; and Solid wastes and are not subject to the hazardous waste regulations of COMAR 26.13.01—26.13.10, as provided in COMAR 26.13.02.03C(2). 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: Solid wastes and are regulated as hazardous waste if they meet the definition of hazardous waste under COMAR 26.13.02.03; and Not regulated as used oil. A person managing used oil shall also determine if the management of the used oil is regulated under COMAR 26.10.15, as described in COMAR 26.10.15.01. This regulation and Regulations .07—.25 of this chapter: Establish requirements for managing universal waste; Include standards for managing the following: 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 Provide an alternative set of management standards to COMAR 26.13.01—26.13.09 and Regulations .01—.05 of this chapter. Except as provided in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing: Batteries, as defined in COMAR 26.13.01.03B; and Spent lead-acid batteries, which are not managed under Regulation .04 of this chapter. The requirements of Regulations .06—.25 of this chapter do not apply to the management of the following batteries: 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. Generation of Waste Batteries. 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. Except for pesticides identified in §B of this regulation, or as otherwise specified in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing pesticides, as defined in COMAR 26.13.01.03B, meeting the following conditions: Recalled pesticides that are stocks of: A suspended and canceled pesticide that is part of a voluntary or mandatory recall under §19(b) of FIFRA, including, but not limited to, those owned by the registrant responsible for conducting the recall; or A suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, that is part of a voluntary recall by the registrant; and 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. Except as otherwise noted in this section, the requirements of Regulations .06—.25 of this chapter do not apply to management of the following pesticides: 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: As aerosol can universal waste in compliance with: Regulation .16-1 of this chapter or Regulation .20F of this chapter; and All other applicable requirements of Regulations .06—.25 of this chapter; or In compliance with the hazardous waste regulations in COMAR 26.13.01—26.13.10.05 Pesticides that are not wastes under COMAR 26.13.02, including pesticides that: Do not meet the criteria for waste generation in §C of this regulation; or Are not wastes as described in §D of this regulation; and Pesticides that do not meet the definition of hazardous waste in COMAR 26.13.02.03. Determining When a Pesticide Becomes a Waste. 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: The generator of the recalled pesticide agrees to participate in the recall; and The person conducting the recall decides to discard the pesticide, with “discard” being defined by the criteria in COMAR 26.13.02.02A(2). An unused pesticide product described in §A(2) of this regulation becomes a waste on the date that the generator decides to discard it. Pesticides That Are Not Wastes. Recalled Pesticides. Recalled pesticides described in §A(1) of this regulation are not wastes, if the person conducting the recall: Has not made a decision to discard the pesticide, with “discard” being defined by the criteria of COMAR 26.13.02.02A(2); or Has made a decision to use a management option that, under COMAR 26.13.02.02, 40 CFR §261.2, or an equivalent regulation in another state, does not cause the pesticide to be a solid waste. Until a decision to discard a pesticide is made in accordance with §D(1)(a)(i) of this regulation, the pesticide: Is not a solid waste and therefore, is not a hazardous waste subject to hazardous waste requirements, including the standards for universal waste management in Regulations .06—.24 of this chapter; and Remains subject to the requirements of FIFRA. If a decision is made to manage a pesticide in a manner that does not cause the pesticide to be a solid waste, in accordance with §D(1)(a)(ii) of this regulation, the pesticide: Is not a hazardous waste and is not subject to hazardous waste requirements, including the standards for universal waste management in Regulations .06—.24 of this chapter; and Remains subject to the requirements of FIFRA, even if it is to be exported to a foreign destination for use or reuse. Unused Pesticide Products. An unused pesticide product described in §A(2) of this regulation is not a waste if the generator of the unused pesticide product has not decided to discard it, with “discard” being defined by the criteria of COMAR 26.13.02.02A(2). The unused pesticide products described in §D(2)(a) of this regulation remain subject to the requirements of FIFRA. Except as provided in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing lamps, mercury-containing equipment, or PCB-containing lamp ballasts as defined in COMAR 26.13.01.03B. The requirements of Regulations .06—.25 of this chapter do not apply to management of an item that is: A lamp, mercury-containing equipment, or a PCB-containing lamp ballast if the item is: Not yet a waste under COMAR 26.13.02, as described in §C of this regulation; and Not hazardous waste as defined in COMAR 26.13.02.03; and Mercury-containing equipment from which all mercury-containing components have been removed. Determination of When a Lamp, Mercury-Containing Equipment, or a PCB-Containing Lamp Ballast Becomes a Waste. 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. Except for aerosol cans identified in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing aerosol cans as defined in COMAR 26.13.01.03B. The requirements of Regulations .06—.25 of this chapter do not apply to the management of an aerosol can that: 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. Generation of Waste Aerosol Cans. 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. Criteria to be Regulated as Hazardous Waste. An aerosol can is regulated as hazardous waste if the aerosol 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. Voluntary Management. A person managing an aerosol can excluded under §B of this regulation may voluntarily elect to manage the aerosol can in accordance with the provisions of Regulations .06—.25 of this chapter. A person managing the following wastes may, at the person's option, manage the waste under the requirements of Regulations .06—.25 of this chapter: 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. If a person commingles a waste described in §A of this regulation with universal waste regulated under Regulations .06—.25 of this chapter, the person shall manage the commingled waste under the requirements of Regulations .06—.25 of this chapter. Applicability. This regulation and Regulations .12—.18 of this chapter apply to small quantity handlers of universal waste, as defined in COMAR 26.13.01.03B. Prohibitions. A small quantity handler of universal waste may not: 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: In responding to releases as provided in Regulation .17D of this chapter; As provided in Regulations .12—.16 of this chapter; or In accordance with a hazardous waste treatment facility permit. Notification. 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: Send a written notification to the Department that contains the following information: The universal waste handler’s name and mailing address; The name and business telephone number of the person at the universal waste handler’s site who should be contacted regarding universal waste management activities; The address or location where universal wastes accepted from off site will be managed; A list of all the types of universal waste that the handler will accept from off site, such as “batteries, pesticides, mercury-containing equipment, and lamps”; and A statement in the cover letter accompanying the notification that the notification should be directed to the group in the Department responsible for oversight of hazardous waste management; and Submit the notification required by §C(2)(a) of this regulation by the later of the following deadlines: Within 90 days after the effective date of this regulation; or Before the date universal waste is first accepted from off site. The notification requirement of §C(3) of this regulation does not apply if either of the following conditions is met: The site where universal waste is accepted from off site has been issued an EPA identification number; or The amount of universal waste at the location that is accepting universal waste from off site never exceeds 500 kilograms. A small quantity handler of universal waste: Shall manage universal waste batteries: 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; Shall place any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container that is: 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; May conduct any of the following activities if the conditions of §D of this regulation are met: 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; Shall, in conducting the activities identified in §C of this regulation, assure that the casing of each individual battery cell is not breached and remains intact and closed, except that a cell may be opened to remove electrolyte if the cell is immediately closed after the electrolyte is removed; Shall determine if the following items meet the definition of hazardous waste in COMAR 26.13.02.03: Each solid waste generated in conducting the activities identified in §C of this regulation; and Any electrolyte the handler removes from batteries; Shall: 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 May manage electrolyte or other solid waste identified in §E of this regulation that does not meet the definition of hazardous waste in any manner that is in compliance with applicable federal, state and local solid waste regulations. A small quantity handler of universal waste shall manage universal waste pesticides in a way that prevents releases of any universal waste or any component of universal waste to the environment. A small quantity handler of universal waste shall contain universal waste pesticides in: A container that: Remains closed, except when adding or removing waste; Is structurally sound; Is compatible with the pesticide that it is being used to contain; and Shows no evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; 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: COMAR 26.13.06.18D(4), which concerns additional requirements for tanks that do not have secondary containment; and COMAR 26.13.05.10B, which concerns waste analysis and trial tests and is cross-referenced by COMAR 26.13.06.18A; or A transport vehicle or vessel that: Remains closed, except when adding or removing waste; Is structurally sound; Is compatible with the pesticide that it is being used to contain; and Shows no evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. General. 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. A small quantity handler of universal waste: Shall place any universal waste mercury-containing equipment identified in §B(2) of this regulation in a container that is: Kept closed, unless waste is being added to or removed from the container; Structurally sound; Compatible with the contents of the mercury-containing equipment; Free of evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; and Reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means; Shall place the following universal waste mercury-containing equipment in a container that satisfies the requirements of §B(1)(a)—(e) of this regulation: Mercury-containing equipment that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; Mercury-containing equipment with noncontained elemental mercury, such as equipment that contains mercury in: An open original housing that has not been sealed in a way that prevents release of mercury to the environment during accumulation or transportation; or A part of the device into which mercury has escaped from the part of the device designed to hold mercury, such as a valve that separates mercury in the mercury-containing equipment from the rest of the device; and Ancillary equipment, such as a valve or other component of mercury-containing equipment that has come into contact with mercury and been removed from the mercury-containing equipment; May remove mercury-containing ampules from universal waste mercury-containing equipment, if the handler: Removes and manages the ampules in a manner designed to prevent breakage of the ampules; Removes ampules only over or in a containment device, such as a tray or pan, sufficient to collect and contain any mercury released from an ampule if the ampule were to break; Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks, as required by §B(3)(d) of this regulation; Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device required by §B(3)(b) of this regulation to a container that meets and is managed in accordance with all applicable requirements of COMAR 26.13.01—26.13.10; Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable exposure levels for mercury established by the federal Occupational Safety and Health Administration (OSHA) and the Maryland Occupational Safety and Health (MOSH) program; Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers; Stores removed ampules in closed, nonleaking containers that are in good condition; and Ensures that packing materials adequate to prevent breakage during storage, handling, and transportation are used in packing removed ampules in the container required by §B(3)(g) of this regulation; May remove an open original housing holding mercury from universal waste mercury-containing equipment if the handler: Immediately seals the original housing holding the mercury with an air-tight seal to prevent any release of mercury to the environment; and In handling the open original housing and the original housing after it has been sealed, manages the housing in accordance with the requirements of §B(3) of this regulation that apply to mercury-containing ampules; 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: Removes and manages the ancillary equipment in a manner designed to prevent releases of mercury; Removes the ancillary equipment only over or in a containment device, such as a tray or pan, sufficient to collect and contain any mercury that may be released from the ancillary equipment; and Manages the ancillary equipment during and after its removal in accordance with the requirements of §B(3)(c)—(h) of this regulation that apply to intact or broken mercury-containing ampules; and 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: Determine whether the following meet the definition of hazardous waste in COMAR 26.13.02.03: Mercury or clean-up residues resulting from spills or leaks; and Other solid waste generated as a result of the removal of mercury-containing ampules, housings, or ancillary equipment, such as the remaining mercury-containing device; If a waste identified in §B(6)(a) of this regulation meets the definition of hazardous waste in COMAR 26.13.02.03, the handler: Shall manage the waste in compliance with all applicable requirements of COMAR 26.13.01—26.13.10; and Is considered to be the generator of the waste and shall manage it in accordance with the requirements of COMAR 26.13.03; and If a waste identified in §B(6)(a) of this regulation does not meet the definition of hazardous waste in COMAR 26.13.02.03, the handler shall manage the waste in compliance with applicable federal, State, or local solid waste regulations. A small quantity handler of universal waste shall manage universal waste lamps in a way that prevents release of any universal waste or any component of universal waste to the environment. A small quantity handler of universal waste: Shall contain any lamp that the handler is managing as universal waste in a container or package that is: Structurally sound; Adequate to prevent breakage of the contents of the container or package; Compatible with the contents of the lamps; Kept closed except when adding waste to, or removing waste from, the container or package; and Free of evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions; Shall immediately: Collect any materials resulting from breakage of a universal waste lamp; Clean up any contamination and collect any residues resulting from breakage of a universal waste lamp; and Place the materials identified in §B(2)(a)—(b) of this regulation and any universal waste lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment in a container that is: Kept closed except when adding waste to, or removing waste from, the container; Structurally sound; Compatible with the contents of the lamps; and Free of evidence of leakage, spillage, or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions; and May use a device to crush mercury-containing universal waste lamps if: The handler meets the requirements of §B(2) of this regulation in operating the device; Use of the device does not cause exceedance of the federal Occupational Safety and Health Administration (OSHA) permissible exposure limit for mercury of 0.10 milligrams per cubic meter of air; The handler has documentation from the manufacturer of the device or from another organization approved by the Department that demonstrates that the unit: Is capable of achieving the OSHA permissible exposure limit for mercury of 0.10 milligrams per cubic meter of air, taking into account the conditions in which the device will be operated, such as room size and room ventilation rate; and Achieves a particle retention rate of at least 99.7 percent in the HEPA filter or alternate particulate control device, at a particle diameter of 0.3 microns; The device is equipped with air pollution controls that capture both particulate mercury and vapor phase mercury; The air pollution controls required by §B(3)(d) of this regulation either: Include a High Efficiency Particulate Air (HEPA) filter, a filter using activated carbon, and engineering controls that ensure that exhaust pathways other than those going through the filters are at a negative pressure with respect to air outside the device; or Capture mercury emissions at least as well as a system that employs the items identified in §B(3)(e)(i) of this regulation; The handler operates the device indoors; The handler develops and implements a written procedure detailing how to safely crush mercury-containing lamps that includes: A description of the equipment that will be used to crush the lamps; Requirements to operate and maintain the crushing equipment in accordance with written procedures developed by the manufacturer of the equipment; Documentation of maintenance of the crushing equipment in accordance with the manufacturer's recommendations; and Training of operators of crushing equipment in operating procedures, waste handling procedures, and emergency procedures; The handler: Stores crushed lamps in closed, nonleaking drums or containers that are in good condition; and Does not transfer crushed lamps from one container to another; The handler manages: The crushed lamps in accordance with the applicable requirements of Regulations .06—.25 of this chapter concerning universal waste lamps; and Residues, filter media, or other solid waste generated as part of the crushing operation that are not being reclaimed in accordance with applicable requirements of COMAR 26.13.01—26.13.10; The handler provides the following information in writing to the Department: The handler's name, address, telephone number, EPA identification number, if any, and the name of a contact person at the handler; and The manufacturer and model number of the device that will be used to crush universal waste lamps; The handler makes the notification required by §B(3)(j) of this regulation by one of the following deadlines: Before the lamp crushing device is first used, if the device was not in use before November 1, 2002; or January 1, 2003, if the device was used before November 1, 2002; and The handler makes maintenance records required to be kept by §B(3)(g)(iii) of this regulation available to representatives of the Department upon request. A small quantity handler of universal waste shall manage universal waste PCB-containing lamp ballasts in a way that prevents release of any universal waste or any component of universal waste to the environment. A small quantity handler of universal waste shall contain any PCB-containing lamp ballast that the handler is managing as universal waste in a container that is: 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. A small quantity handler of universal waste shall manage universal waste aerosol cans in a way that prevents any releases of universal waste or a component of universal waste to the environment. A small quantity handler of universal waste shall: Accumulate universal waste aerosol cans in a container that is: Structurally sound; Compatible with the contents of the aerosol cans; Lacking evidence of: Leakage; Spillage; or Damage that could cause leakage under reasonably foreseeable conditions; and Protected from sources of heat; Manage a universal waste aerosol can that show evidence of leakage by: Packaging the aerosol can in a separate closed container; Overpacking the aerosol can in a container with absorbents; or Immediately puncturing and draining the aerosol can in accordance with the requirements of §D of this regulation. A small quantity handler of universal waste may conduct the following activities if each individual aerosol can is not breached and remains intact: 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. A small quantity handler of universal waste aerosol cans who punctures and drains a universal waste aerosol can shall: Recycle the empty punctured aerosol can; Conduct puncturing and draining activities using a device specifically designed to: Safely puncture aerosol cans; and Effectively contain the residual contents from the punctured can and any related emissions; 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: Proper assembly, operation, and maintenance of the device used for the activity; Segregation of incompatible wastes generated; and Proper waste management practices to prevent fires and releases; 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: Is designed to prevent fires and prevent the release of any component of universal waste to the environment; and In addition to other appropriate measures to satisfy the requirements of §D(6(a) of this regulation, includes locating the puncturing equipment on a solid, flat surface in a well-ventilated area; 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: COMAR 26.13.02.05; COMAR 26.13.03.03-3; or COMAR 26.13.03.03-4 —.03-11, .05E, .05-1, and .05-2; Conduct a hazardous waste determination in accordance with the requirements of COMAR 26.13.03.02—.02-2 on: The contents emptied from the aerosol can; The punctured, drained aerosol can if the aerosol can does not meet the criteria of COMAR 26.13.02.07B to be considered “empty”; and Any other solid waste generated in connection with the puncturing and draining of the aerosol can; 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: Have in place a written procedure on how to respond in the event of a spill or leak to minimize risks to human health and the environment; Have a spill cleanup kit readily available; and Promptly clean up any spill or leak of the contents of an aerosol can. Labeling and Marking. 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: Clearly label or mark each universal waste battery that is not in a container, and each container in which universal waste batteries are being held with one of the following phrases: “Universal Waste—Battery(ies)”; “Waste Battery(ies)”; or “Used Battery(ies)”; Ensure that each container, multiple-container package unit, tank, transport vehicle or vessel which contains recalled universal waste pesticides, as described in Regulation .08A(1) of this chapter, is clearly labeled or marked with: The label that was on or accompanied the product as sold or distributed; and The words “Universal Waste—Pesticide(s)” or “Waste—Pesticide(s)”; Ensure that each container, tank, transport vehicle, or vessel containing unused pesticide products as described in Regulation .08A(2) of this chapter is clearly labeled or marked with: The label that was on the product when purchased, if the label is still legible; The appropriate label as required under the U.S. Department of Transportation regulation, 49 CFR 172, if using the label described by §A(2)(c)(i) of this regulation is not feasible; Another label prescribed or designated by the waste pesticide collection program administered or recognized by the State, if using the label described by §A(2)(c)(i) or (ii) of this regulation is not feasible; and The words “Universal Waste—Pesticide(s)” or “Waste—Pesticide(s)”; Except as provided in §A(3) of this regulation, clearly label or mark each item of universal waste mercury-containing equipment that is not in a container, and each container in which universal waste mercury-containing equipment is being held, with one of the following phrases: “Universal Waste—Mercury-Containing Equipment”; “Waste Mercury—Containing Equipment”; or “Used Mercury—Containing Equipment”; Clearly label or mark each universal waste lamp that is not in a container, and each container or package in which universal waste lamps are being held, with one of the following phrases: “Universal Waste—Lamp(s)”; “Waste Lamp(s)”; or “Used Lamp(s)”; and Clearly label or mark each universal waste PCB-containing lamp ballast that is not in a container, and each container or package in which universal waste PCB-containing lamp ballasts are being held, with one of the following phrases: “Universal Waste—PCB-containing lamp ballast(s)”; “Waste PCB-containing lamp ballast(s)”; or “Used PCB-containing lamp ballast(s)”. Clearly label or mark each universal waste aerosol can that is not in a container, and each container in which universal waste aerosol cans are being held with one of the following phrases: “Universal Waste—Aerosol Can(s)”; “Waste Aerosol Can(s)”; or “Used Aerosol Can(s) 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: “Universal Waste—Mercury Thermostats”; “Waste Mercury Thermostat(s) “; or “Used Mercury Thermostat(s)”. Accumulation Time Limits. 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: Accumulation of the universal waste for a period longer than 1 year is solely for the purpose of accumulation of a quantity of universal waste as necessary to facilitate proper recovery, treatment, or disposal; and The handler can demonstrate, on request of the Department, and to the satisfaction of the Secretary, that accumulation of the universal waste for more than 1 year is solely for the purpose of accumulation of a quantity of universal waste as necessary to facilitate proper recovery, treatment, or disposal. A small quantity handler of universal waste shall: Be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received; and Make the demonstration required by §B(3)(a) of this regulation by: Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received by the handler; Marking or labeling each individual item of universal waste, such as each battery or thermostat, with the date the individual item became a waste or was received by the handler; Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received by the handler; Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received by the handler; Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received by the handler; or Using any other method that clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received by the handler. Employee Training. A small quantity handler of universal waste shall provide the following information to all employees who handle or have responsibility for managing universal waste: 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. Response to Release. A small quantity handler of universal waste shall: 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. If a small quantity handler of universal waste has a release of hazardous waste, the handler: Is considered the generator of the hazardous waste resulting from the release; and Shall manage the hazardous waste in compliance with COMAR 26.13.03. Off-Site Shipments. A small quantity handler of universal waste may not send or take universal waste to a place other than: Another universal waste handler; A destination facility; or A destination outside of the United States. 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: Receive the waste back when notified that the shipment has been rejected; or Agree with the receiving handler on a destination facility to which the shipment will be sent. Rejecting Shipments of Universal Waste. A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that the handler has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load. A small quantity handler of universal waste who rejects a shipment of universal waste shall: Send the shipment back to the originating handler; or If agreed to by both the originating and receiving handler, send the shipment to a destination facility. 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: Notify the Department of the illegal shipment; Provide the Department with the name, address, and phone number of the originating shipper; and Obtain instructions for managing the hazardous waste from the Department and manage the waste in accordance with those instructions. 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. Tracking Universal Waste Shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste. Exports. A small quantity handler of universal waste that sends universal waste to a foreign destination is subject to the requirements of 40 CFR Part 262, Subpart H. Applicability. 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. Prohibitions. A large quantity handler of universal waste may not: 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: In responding to releases as provided in Regulation .21D of this chapter; As provided in Regulation .20 of this chapter; or In accordance with a hazardous waste treatment facility permit. Notification. 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: Send to the Secretary a written notification that includes the following information: The universal waste handler's name and mailing address; The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities; The address or location of the universal waste management activities; A list of all the types of universal waste managed by the handler, such as “batteries, pesticides, mercury-containing equipment, aerosol cans, and lamps”; and A statement indicating that the handler is accumulating more than 5,000 kilograms of universal waste at one time; and Obtain an EPA identification number from the Department. 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. Universal Waste Batteries. A large quantity handler of universal waste shall manage universal waste batteries in accordance with the requirements established for small quantity handlers in Regulation .12 of this chapter. Universal Waste Pesticides. A large quantity handler of universal waste shall manage universal waste pesticides in accordance with the requirements established for small quantity handlers in Regulation .13 of this chapter. Universal Waste Mercury-Containing Equipment. A large quantity handler of universal waste shall manage universal waste mercury-containing equipment in accordance with the requirements established for small quantity handlers in Regulation .14 of this chapter. Universal Waste Lamps. A large quantity handler of universal waste shall manage universal waste lamps in accordance with the requirements established for small quantity handlers in Regulation .15 of this chapter. Universal Waste PCB-Containing Lamp Ballasts. A large quantity handler of universal waste shall manage universal waste PCB-containing lamp ballasts in accordance with the requirements established for small quantity handlers in Regulation .16 of this chapter. Universal Waste Aerosol Cans. A large quantity handler of universal waste shall manage universal waste aerosol cans in accordance with the requirements established for small quantity handlers in Regulation .16-1 of this chapter. Labeling and Marking. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .17A of this chapter. Accumulation Time Limits. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .17B of this chapter. Employee Training. A large quantity handler of universal waste shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures pertinent to the employees' responsibilities during normal facility operations and emergencies. Response to Releases. In the event of a release of universal waste or the release of any residues from universal waste, a large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .17D of this chapter. Off-Site Shipments. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .18A of this chapter. Tracking Universal Waste Shipments. Receipt of Shipments. A large quantity handler of universal waste shall keep a record of each shipment of universal waste received at the facility. The record required by §F(1)(a) of this regulation may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document. The handler shall ensure that the record required by §F(1)(a) of this regulation includes the following information: The name and address of the originating universal waste handler or shipper from outside the United States from whom the universal waste was sent; The quantity of each type of universal waste received, for example, the quantities of batteries and thermostats received; and The date of receipt of the shipment of universal waste. Shipments Off-Site. A large quantity handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record required by §F(2)(a) of this regulation may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document. The handler shall ensure that the record required by §F(2)(a) of this regulation includes the following information: The name and address of the universal waste handler, destination facility, or destination outside the United States to which the universal waste was sent; The quantity of each type of universal waste, such as batteries and thermostats, sent; and The date the shipment of universal waste left the handler's facility. Record Retention. A large quantity handler of universal waste shall retain the records: Required by §F(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; and Required by §F(2) of this regulation for a given shipment of universal waste for at least 3 years from the date the shipment of universal waste left the handler's facility. Exports. A large quantity handler of universal waste shall comply with the requirements established for small quantity handlers of universal waste in Regulation .18C of this chapter. Applicability. This regulation applies to universal waste transporters as defined in COMAR 26.13.01.03B. Prohibitions. A universal waste transporter: May not dispose of universal waste; and Except as provided in §E of this regulation, may not dilute or treat universal waste. Waste Management. 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: Universal waste is not considered hazardous waste for purposes of U.S. Department of Transportation regulations; and A person may not: Describe universal waste by the U.S. Department of Transportation proper shipping name “hazardous waste, (l) or (s), n.o.s.”; and Modify the hazardous material's proper shipping name by adding the word “waste”. Storage Time Limits. 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: Becomes a universal waste handler; and Shall comply with the applicable requirements of Regulations .11—.21 of this chapter while storing the universal waste. Response to Releases. A universal waste transporter shall: 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. Off-Site Shipments. 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. Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of 40 CFR Part 262, Subpart H. Applicability. 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). Off-Site Shipments. 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. The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of a destination facility rejects a shipment or a portion of a shipment, the owner or operator shall: Contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load; and Either send the shipment back to the original shipper or, if agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility. 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: Immediately notify the Department of the illegal shipment; Provide, as part of the notification required by §B(3)(a) of this regulation, the name, address, and phone number of the shipper; and Obtain instructions for managing the hazardous waste from the Department and manage the waste in accordance with those instructions. 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. Tracking Universal Waste Shipments. Receipt of Shipments. The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility. The record required by §C(1)(a) of this regulation may be a log, invoice, manifest, bill of lading, movement document, or other shipping document. The owner or operator of a destination facility shall ensure that the record required by §C(1)(a) of this regulation includes the following information: The name and address of the universal waste handler, destination facility, or shipper outside the United States from whom the universal waste was sent; The quantity of each type of universal waste, such as batteries and thermostats, received; and The date of receipt of the shipment of universal waste. 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. Applicability. 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. For the management of universal waste that is imported into the United States: 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: Small quantity handlers of universal waste are subject to the requirements of Regulations .11—.18 of this chapter; and Large quantity handlers of universal waste are subject to the requirements of Regulations .19—.21 of this chapter; and An owner or operator of a destination facility is subject to the requirements of Regulation .23 of this chapter. General Requirements. 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. 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: The extent to which: 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; 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; The waste or category of waste is: Not exclusive to a specific industry or group of industries; and 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; The waste or category of waste is: Generated by a large number of generators; and Frequently generated in relatively small quantities by each generator; 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; The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes; 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; 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 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 Any factors in addition to those identified in §B(1) of this regulation that may be appropriate. 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. Applicability. This regulation applies to fluorescent lamps that exhibit the toxicity characteristic of COMAR 26.13.02.14 and that are: 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. Disposition of Waste Fluorescent Lamps. 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: Reclamation facility, as defined in §C of this regulation; or Destination facility, as defined in COMAR 26.13.01.03B. 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: An owner or operator of an industrial or commercial property may assign the responsibility for ensuring compliance with the requirements of §B(1) of this regulation to a tenant who is otherwise responsible for maintaining the property through a written agreement with the tenant; and If a tenant is responsible for assuring compliance under §B(3)(a) of this regulation and fails to do so, the owner of the property is not liable for the failure to comply. Agency note: 200 kilograms represents, for example, approximately 720 4-foot T12 fluorescent lamps. For the purposes of this regulation, “reclamation facility” means a site: 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. Applicability. This regulation and Regulations .28—.31 of this chapter specify the: Circumstances under which military munitions become a solid waste; and Management standards that apply if a military munition is a hazardous waste under this regulation, Regulations .28—.31 of this chapter, or COMAR 26.13.02. 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. Definition of Military Munitions as Solid Waste. A military munition is not a solid waste when: Used for its intended purpose, including: Use in training military personnel or explosives and munitions emergency response specialists, including training in proper destruction of unused propellant or other munitions; Use in research, development, testing, and evaluation of military munitions, weapons, or weapons systems; or Recovery, collection, and on-range destruction of conventional unexploded ordnance, munitions, and munitions fragments during range clearance activities at active or inactive ranges; or An unused munition, or component of it, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to material recovery activities, and none of these activities involve: Disposal as defined in COMAR 26.13.02.02C(1); or Burning for energy recovery as defined in COMAR 26.13.02.02C(2). 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: The munition is abandoned by being: Disposed of; Burned; Detonated, except during intended use as specified in §B(1) of this regulation; Incinerated; Treated; or Treated before disposal; The munition is removed from storage in a military magazine or other storage area for the purpose of being: Disposed of; Burned or incinerated; Treated; or Treated before disposal; The integrity of the munition is compromised by cracks, leaks, or other damage or the munition is otherwise deteriorated or damaged, to the point that the munition cannot be: Put into serviceable condition; or Reasonably recycled or used for other purposes; or The munition has been declared a solid waste by an authorized military official. A used or fired military munition is a solid waste: When transported off-range, or from the site of use where the site of use is not a range, for the purposes of: Disposal; Reclamation; Storage; Treatment; or Treatment before disposal; or If recovered, collected, and disposed of by burial or landfilling either on-range or off-range. Used or Fired Military Munitions Landing Off-Range. For the purposes of RCRA §1004(27), a used or fired military munition is a solid waste, and, therefore, if the munition lands off-range and is not promptly rendered safe, retrieved, or both, is potentially subject to: RCRA corrective action authorities under RCRA §§3004(u) and (v) and 3008(h) and analogous State authorities; or Imminent and substantial endangerment authorities under RCRA §7003, or analogous State authorities. A person who is responsible for causing a used or fired military munition to land off-range shall address any imminent and substantial threats associated with any remaining material from the munition. If remedial action to address threats associated with the landing of a used or fired military munition off-range is infeasible, the operator of the range shall: Maintain a record of the event for at least as long as any threat remains; and Include as part of the record of the event specific information on the type of munition and the location of the munition, to the extent the location is known. Scope and Applicability. This regulation: Applies to the transport of military munitions by: The military; and Commercial carriers who are under contract with the military and have signed a contractual compliance agreement with the Military Traffic Management Command or its successor; and 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. Criteria for Hazardous Waste Regulation of Waste Nonchemical Military Munitions in Transportation. 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: The waste military munitions are not chemical agents or chemical munitions; The waste military munitions are: Required by the U.S. Department of Defense (DOD) to be transported in accordance with DOD shipping controls applicable to the transport of military munitions; and Transported in accordance with DOD shipping controls identified in §D of this regulation; The waste military munitions are transported from an installation owned or operated by the military to a treatment, storage, disposal, or recycling facility owned or operated by the military; The transporter of the waste military munitions provides oral notice to the Secretary within 24 hours from the time the transporter becomes aware of: Any loss or theft of the waste military munitions; or Any failure to meet a requirement of §B(1) of this regulation that may endanger human health or the environment; and The transporter of the waste military munitions provides a written submission to the Secretary: Within 5 days from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a requirement of §B(1) of this regulation; and Describing the circumstances associated with the events identified in §B(1)(e)(i) of this regulation. 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: Applies only to the transportation of nonchemical waste military munitions; and Does not affect the regulatory status of waste military munitions as hazardous waste with regard to storage, treatment, or disposal. 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. Reinstatement of Exemption. 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. Department of Defense Shipping Controls—Definition and Amendments. 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 military transporters: DD Form 626, “Motor Vehicle Inspection (Transporting Hazardous Materials)”; DD Form 836, “Dangerous Goods Shipping Papers/Declaration and Emergency Response Information for Hazardous Materials Transported by Government Vehicles”; DD Form 1348-1A, “Issue Release/Receipt Document”; and DD Form 1907, “Signature and Tally Record”; and For commercial carriers who are under contract with the military and have signed a contractual compliance agreement with the Military Traffic Management Command or its successor: GSA Form 1103, “U.S. Government Bill of Lading”; DD Form 626, “Motor Vehicle Inspection (Transporting Hazardous Materials)”; and DD Form 1907, “Signature and Tally Record”. 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. The following requirements are applicable to explosives and munitions emergencies involving military munitions or explosives: COMAR 26.13.03.01J, 26.13.04.01A(4), 26.13.05.01A(3)(h) and D(5)—(6), 26.13.06.01A(4)(h) and (5), and 26.13.07.01A. If not exempted under the regulations cited in §A of this regulation, explosives and munitions emergencies involving military munitions or explosives may be subject to COMAR 26.13.07.14, which concerns emergency permits. Criteria for Hazardous Waste Regulation of Waste Nonchemical Military Munitions in Storage. 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 waste military munition is not a chemical agent or chemical munition; The waste military munition is subject to the jurisdiction of the Department of Defense Explosives Safety Board (DDESB) or its successor agency; The waste military munition is stored in accordance with DDESB storage standards applicable to waste military munitions, as identified in §E of this regulation; The owner of the munition assures that access to the stored waste military munitions is limited to appropriately trained and authorized personnel; and The owner or operator of the storage unit in which the waste military munition is being managed: Notifies the Secretary, in writing, of the location of the waste storage unit by January 26, 2009, or within 90 days of when the storage unit is first used to store waste military munitions, whichever is later; Provides oral notice to the Secretary within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of §A(1) of this regulation that may endanger human health or the environment; Provides a written submission to the Secretary within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of §A(1) of this regulation, describing the circumstances of the incident; Conducts an inventory of the waste military munitions at least once each calendar year, with no more than 365 days elapsing between inventory dates; Inspects the waste military munitions at least once per quarter for compliance with the conditions of §A(1) of this regulation; and Maintains records of the findings of the inventories and inspections required by §A(1)(e)(iv) and (v) of this regulation for at least 3 years. The conditional exemption in §A(1) of this regulation from regulation as hazardous waste: Applies only to the storage of nonchemical waste military munitions; and Does not affect the regulatory status of waste military munitions as hazardous waste with regard to transportation, treatment, or disposal. 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. Notice of Termination of Waste Storage. The owner or operator shall notify the Secretary in writing when a storage unit identified in §A(1)(e)(i) of this regulation will no longer be used to store waste military munitions. Reinstatement of Conditional Exemption. 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 Chemical Munitions. 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. Department of Defense Explosive Safety Board (DDESB) Standards—Applicability and Amendments. 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. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in COMAR 26.13.01— 26.13.10. Scope. This regulation and Regulations .33—.49 of this chapter: 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. Defined Terms. The following terms used in this regulation and Regulations .33—.49 of this chapter have the meaning stated in COMAR 26.13.01.03B: “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”. Excluded Materials and Wastes. Except as specified in this section, the following pharmaceuticals are not subject to regulation under COMAR 26.13.01—26.13.10: A pharmaceutical that is not a solid waste, as defined in COMAR 26.13.02.02, because the pharmaceutical is to be: Reclaimed; or Legitimately used or legitimately reused, such as by being lawfully donated for use for the pharmaceutical’s intended purpose; An over-the-counter pharmaceutical, a dietary supplement, or a homeopathic drug that is not a solid waste, as defined in COMAR 26.13.02.02, because: The material is going to be reclaimed; or There is a reasonable expectation that the material will be legitimately used or legitimately reused, such as by being lawfully redistributed for use for its intended purpose; A pharmaceutical that is being managed in accordance with a recall strategy that has been approved by the U.S. Food and Drug Administration (FDA) in accordance with 21 CFR Part 7, Subpart C, except that this regulation and Regulations .33—.49 of this chapter apply to the management of the recalled hazardous waste pharmaceutical after the FDA approves the destruction of the recalled pharmaceutical; A pharmaceutical that is being managed in accordance with a recall corrective action plan that has been accepted by the U.S. Consumer Product Safety Commission (CPSC) in accordance with 16 CFR Part 1115, except that this regulation and Regulations .33—.49 of this chapter apply to the management of the recalled hazardous waste pharmaceutical after the CPSC approves the destruction of the recalled pharmaceutical; A pharmaceutical that is being stored during an investigation, during a judicial proceeding, or according to a preservation order until either: The investigation, judicial proceeding, or preservation order has concluded, and a decision is made to discard the pharmaceutical; or A decision is made to discard the pharmaceutical before the investigation, judicial proceeding, or preservation order has concluded; An investigational new drug for which an investigational new drug application is in effect in accordance with the FDA’s regulations in 21 CFR Part 312, except that this regulation and Regulations .33—.49 of this chapter apply to the management of the drug if: The drug, if discarded, would meet the definition of hazardous waste; and A decision has been made to discard the investigational new drug, or the FDA has approved the destruction of the investigational new drug; and A household waste pharmaceutical, including a household waste pharmaceutical that has been collected by an authorized collector as defined by the U.S. Drug Enforcement Administration if the authorized collector complies with the conditional exemption in Regulations .34A(2) and B of this chapter. 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. Excluded Facilities. 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: Is subject to: Regulation .33 of this chapter, which prohibits the discharge of hazardous waste pharmaceuticals to sewer systems that discharge to publicly owned treatment works; and Regulation .35 of this chapter, which concerns residues of hazardous waste pharmaceuticals in empty containers; Has the option of complying with the requirements of §E(3) of this regulation for the management of the facility’s hazardous waste pharmaceuticals, as an alternative to managing the hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05 and the optional provisions of Regulation .36 of this chapter; Unless the facility voluntarily elects to manage hazardous waste pharmaceuticals in accordance with the regulations specified in §E(3) of this regulation: Shall manage the hazardous waste pharmaceuticals it generates in accordance with COMAR 26.13.02.05; May comply with the optional provisions of Regulation .36 of this chapter; and Is not subject to the requirements of §E(3) of this regulation; and Shall manage the non-pharmaceutical hazardous waste it generates in accordance with: COMAR 26.13.03 if the amount of non-pharmaceutical hazardous waste accumulated by the facility prevents the facility from being classified as a Maryland-defined small quantity generator, as specified in COMAR 26.13.03.01A-3(1); or COMAR 26.13.02.05 if the amount of non-pharmaceutical hazardous waste accumulated by the facility allows the facility to be classified as a Maryland-defined small quantity generator. A long-term care facility with 20 beds or fewer: Is presumed to be a very small quantity generator under federal regulations with respect to all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, unless the Department is able to demonstrate otherwise; and Shall comply with §D(1) of this regulation unless the Department demonstrates that the facility does not qualify as a very small quantity generator under federal regulations, taking into account both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, in which case the facility shall comply with the requirements of §§E(3) and E(4) of this regulation. Applicability — Healthcare Facilities and Management of Hazardous Waste Pharmaceuticals. 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: The facility: Meets the criteria to be classified as a federally-defined large quantity generator or a federally-defined small quantity generator based on the amount of non-pharmaceutical hazardous waste generated in a calendar month; and Generates any quantity of hazardous waste pharmaceuticals; The facility: Meets the criteria to be classified as a very small quantity generator under federal regulations, counting only the non-pharmaceutical hazardous waste generated by the facility; and Generates a quantity of hazardous waste pharmaceuticals that exceeds the criteria to be classified as a very small quantity generator under federal regulations, taking into account only the hazardous waste pharmaceuticals generated by the facility; or The total amount of hazardous waste that the facility generates, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste, exceeds the criteria to be classified as a very small quantity generator under federal regulations. §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: Regulations .33—.35, .37—.45, and .47 of this chapter with respect to the management of: Non-creditable hazardous waste pharmaceuticals; and Potentially creditable hazardous waste pharmaceuticals if they are not destined for a reverse distributor; and Regulations .33—.35, .37, .38, .46, and .48 of this chapter with respect to the management of potentially creditable hazardous waste pharmaceuticals that are prescription pharmaceuticals and are destined for a reverse distributor. 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. Summary Table — Applicability to Healthcare Facilities. Table 1 of §F(3) of this regulation: Summarizes, for most generators, the criteria on the amount of hazardous waste generated in a calendar month that determine whether a healthcare facility is subject to the requirements specified in §E(3) of this regulation; and Identifies the federal hazardous waste generator category that applies to the facility. 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. Agency Note: In Table 1 of §F(3) of this regulation, “<” means less than; “≤” means less than or equal, “>” means greater than, and “≥” means greater than or equal. Applicability — Reverse Distributors. A reverse distributor: 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. Applicability — Other Entities. An entity other than a healthcare facility or a reverse distributor that generates or manages a hazardous waste pharmaceutical, such as a pharmaceutical manufacturer or a reverse logistics center: 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. This regulation applies to: A healthcare facility that meets any of the following criteria: The facility is managing hazardous waste pharmaceuticals under the provisions of COMAR 26.13.02.05, as provided in Regulation .32D(1)(c)(i) of this chapter; The facility is voluntarily complying with the requirements of Regulations .37—.48 of this chapter, in accordance with Regulation .37A(2) of this chapter; or The facility is subject to Regulations .37—.48 of this chapter; and A reverse distributor. A facility identified in §A of this regulation may not discharge a hazardous waste pharmaceutical to a sewer system that passes through to a publicly owned treatment works (POTW). Healthcare facilities and reverse distributors remain subject to the prohibitions in 40 CFR §403.5(b), which prohibits introduction of specified pollutants into a POTW. If the conditions of §B of this regulation are met, the following are exempt from the requirements of COMAR 26.13.03—26.13.10: 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: Collected by an authorized collector, as defined by the Drug Enforcement Administration, who is registered with the Drug Enforcement Administration; and Commingled by the authorized collector with controlled substances from an ultimate user as defined by the Drug Enforcement Administration. Conditions for Exemption. The exemption of §A of this regulation applies if a waste pharmaceutical identified in §A of this regulation 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: Destroyed by a method that the Drug Enforcement Administration has publicly deemed in writing to meet the Drug Enforcement Administration’s non-retrievable standard of destruction; or Combusted at one of the facilities identified in 40 CFR §266.506(b)(3)(i)—(v). This regulation establishes criteria under which a container that held a pharmaceutical is considered to be empty. A container that is empty according to the criteria in this regulation is not regulated as hazardous waste unless the materials of construction of the container itself cause the container to meet the definition of hazardous waste. Stock, Dispensing and Unit-dose Containers. 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: A stock bottle, dispensing bottle, vial, or ampule; and A unit-dose container, such as a unit-dose packet, cup, wrapper, blister pack, or delivery device. 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. Syringes. 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: As a noncreditable hazardous waste pharmaceutical under Regulations .33—.47 of this chapter; and Any applicable federal, state, and local requirements for sharps containers and medical waste. Intravenous (IV) Bags. An IV bag is considered empty and the residues are not regulated as hazardous waste if: The pharmaceuticals in the IV bag have been fully administered to a patient; or The IV bag: Held non-acute hazardous waste pharmaceuticals; and Is empty as defined in COMAR 26.13.02.07B(1). 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. Other Containers, Including Delivery Devices. This section applies to any type of container, including a delivery device, that: Is not identified in §§C—E of this regulation; Held or contains a pharmaceutical that would be regulated as hazardous waste if discarded; and Is unused, partially administered or fully administered. 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: Held non-acute hazardous waste pharmaceuticals; and Is empty as defined in COMAR 26.13.02.07B(1) or B(2). Applicability. This regulation applies to 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; and Has not voluntarily elected to manage hazardous waste pharmaceuticals in accordance with the requirements of Regulations .37—.48 of this chapter, as provided in Regulation .37A(2) of this chapter. 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. A healthcare facility identified in §A of this regulation may send the healthcare facility’s potentially creditable pharmaceuticals to a reverse distributor. Off-site Consolidation of Hazardous Waste Pharmaceuticals. A healthcare facility identified in §A of this regulation may send a hazardous waste pharmaceutical it generates to an off-site location of another generator if: The receiving site is a healthcare facility that is: Located in Maryland and meets the conditions in: Regulation .45 of this chapter, if a noncreditable hazardous waste pharmaceutical is being shipped; and Regulation .46B of this chapter, if a potentially creditable hazardous waste pharmaceutical is being shipped; or Not located in Maryland and meets requirements that correspond to the requirements of §C(1)(a) of this regulation that are applicable in the state in which the receiving facility is located; or The healthcare facility proposes to send the hazardous waste pharmaceutical off-site to a hazardous waste generator, and: The healthcare facility meets the conditions in COMAR 26.13.02.05D(2)(h); and The receiving hazardous waste generator meets the conditions in: COMAR 26.13.03.03-11 if the generator is located in Maryland; or 40 CFR §262.17(f) or the corresponding requirements of the state in which the off-site generator is located if the generator is not located in Maryland. Long-term Care Facilities. 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. This regulation and Regulations .38—.48 of this chapter apply to a healthcare facility that: 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. A healthcare facility identified in §A of this regulation shall: Manage the following in accordance with the provisions of Regulations .38—.45, and .47 of this chapter: Non-creditable hazardous waste pharmaceuticals; and Potentially creditable hazardous waste pharmaceuticals that are not destined for a reverse distributor; and 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. This regulation establishes requirements for a facility identified in Regulation .37A of this chapter to notify the Department that the facility: 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. Notification of Operation. 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: Submitting an initial or revised Site Identification Form (EPA Form 8700-12) to the Department; and Completing the questions on “Pharmaceutical Activities” in the “Additional Regulated Waste Activities” section of the Site Identification Form, checking the “yes” box on the form to indicate that the facility is operating under 40 CFR Part 266, Subpart P for the management of hazardous waste pharmaceuticals. 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 that already has an EPA identification number shall make the notification: As part of the healthcare facility’s next biennial report of hazardous waste activity, if the healthcare facility’s generator status under federal regulations is “large quantity generator”, or if federal regulations otherwise require the healthcare facility to submit a biennial report of hazardous waste activity; or If the healthcare facility does not meet the criteria of §B(4)(a)(i) of this regulation, within 60 days after the effective date of §B of this regulation, or within 60 days after the date the healthcare facility becomes subject to the standards of this chapter relating to the management of hazardous waste pharmaceuticals, whichever is later. A healthcare facility that does not have an EPA identification number shall make the notification within 60 days after the effective date of §B of this regulation, or within 60 days after the date the healthcare facility becomes subject to the standards of this chapter relating to the management of hazardous waste pharmaceuticals, whichever is later. 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. Notification of Withdrawal. Applicability. This section applies to a healthcare facility that: Either: Had been required to manage hazardous waste pharmaceuticals in accordance with the regulations identified in Regulation .32E(3) of this chapter, but is no longer required to do so because the facility is now classified as 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; and Will not be voluntarily complying with the requirements of Regulation .32E(3) of this chapter for the management of the facility’s hazardous waste pharmaceuticals, as an alternative to managing the hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05 and the optional provisions of Regulation .36 of this chapter; or Had voluntarily elected to comply with the requirements of Regulation .32E(3) of this chapter for the management of the facility’s hazardous waste pharmaceuticals, but no longer will be doing so, and will instead be managing the hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05 and the optional provisions of Regulation .36 of this chapter. A healthcare facility identified in §C(1) of this regulation shall: Before beginning to manage hazardous waste pharmaceuticals in accordance with COMAR 26.13.02.05, notify the Department that the healthcare facility will no longer be operating under the standards of this chapter relating to the management of hazardous waste pharmaceuticals; Make the notification required by §C(2)a) of this regulation by: Submitting a Site Identification Form (EPA Form 8700-12) to the Department; and Completing the questions on “Pharmaceutical Activities” in the “Additional Regulated Waste Activities” section of the Site Identification Form, as directed in the instructions for the form; and Keep a copy of its withdrawal notification on file for at least 3 years from the date of signature on the notification of withdrawal. 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. Training. The owner or operator of a healthcare facility managing non-creditable hazardous waste pharmaceuticals shall ensure that all personnel that manage non-creditable hazardous waste pharmaceuticals are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. Hazardous Waste Determination. 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. Land Disposal Restrictions. A healthcare facility: 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 Response to Spills. A healthcare facility shall: 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. A healthcare facility may not place a non-creditable hazardous waste pharmaceutical in a container unless the container: 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. A healthcare facility that manages ignitable or reactive non-creditable hazardous waste pharmaceuticals in a container, or that mixes or commingles incompatible non-creditable hazardous waste pharmaceuticals in a container shall manage the container so that the container does not have the potential to: Generate: Extreme heat or pressure; A fire or an explosion; or A violent reaction; 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. A healthcare facility shall keep each container of non-creditable hazardous waste pharmaceuticals closed and secured in a manner that prevents unauthorized access to the contents of the container. Commingling Non-creditable Hazardous Waste Pharmaceuticals with Non-hazardous Non-creditable Waste Pharmaceuticals. 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: Non-creditable hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of 40 CFR §268.3(c), namely, metal bearing waste codes listed in Appendix XI of 40 CFR Part 268 that meet none of the criteria in 40 CFR §268.3(c)(1)—(6); and Non-creditable hazardous waste pharmaceuticals that are prohibited from being lab packed by 40 CFR §268.42(c), namely, wastes having waste codes listed in Appendix IV of 40 CFR Part 268. 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. Container Labeling. A healthcare facility shall label or clearly mark each container of non-creditable hazardous waste pharmaceuticals with the phrase “Hazardous Waste Pharmaceuticals”. A healthcare facility may accumulate a non-creditable hazardous waste pharmaceutical on site for 1 year or less without having to either: 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. A healthcare facility that accumulates a non-creditable hazardous waste pharmaceutical on site shall demonstrate the length of time that the non-creditable hazardous waste pharmaceutical has been accumulating, starting from the date that the pharmaceutical first became a waste, as specified in §C of this regulation. A healthcare facility shall demonstrate the length of time that a non-creditable hazardous waste pharmaceutical has been accumulating by one or more of the following methods: 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. Applicability. This regulation applies to a healthcare facility that sends a shipment of non-creditable hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of: 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. A healthcare facility identified in §A of this regulation may accumulate a rejected non-creditable hazardous waste pharmaceutical on site for up to an additional 90 days if the healthcare facility manages the rejected shipment in accordance with Regulation .40 of this chapter. Upon receipt of a rejected shipment of a non-creditable hazardous waste pharmaceutical, a healthcare facility shall: Sign either: Item 18c of the original manifest, if the original manifest was used for the returned shipment; or Item 20 of the new manifest, if a new manifest was used for the returned shipment; 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. Biennial Reporting. Healthcare facilities are not subject to biennial reporting requirements under COMAR 26.13.03.06B with respect to non-creditable hazardous waste pharmaceuticals managed under Regulations .32—.49 of this chapter. Exception Reporting for a Missing Copy of the Manifest. 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: A legible copy of the original manifest for which the healthcare facility has not received confirmation of delivery to the designated facility; and A handwritten or typed note on the copy of the manifest itself, or on an attached sheet of paper, that: States that the return copy of the manifest was not received; Explains the efforts taken to locate the non-creditable hazardous waste pharmaceuticals; and Presents the results of the efforts taken to locate the non-creditable hazardous waste pharmaceuticals. 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: A legible copy of the original manifest for which the healthcare facility has not received confirmation of delivery to the designated facility; and A handwritten or typed note on the copy of the manifest itself, or on an attached sheet of paper, that: States that the return copy of the manifest was not received; Explains the efforts taken to locate the non-creditable hazardous waste pharmaceuticals; and Presents the results of the efforts taken to locate the non-creditable hazardous waste pharmaceuticals. Additional Reports. The Department may require healthcare facilities to furnish additional reports concerning the quantities and disposition of non-creditable hazardous waste pharmaceuticals. Manifests and Exception Reports. Unless a specified period of retention is extended in accordance with §C of this regulation, a healthcare facility shall: 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; Waste Determinations. 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. The periods of retention for records referred to in §A—B of this regulation are extended: 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 healthcare facility shall 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. This regulation establishes conditions under which a healthcare facility may accept non-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. 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 non-creditable hazardous waste pharmaceuticals from an off-site healthcare facility if: The off-site facility qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste; Either: The receiving facility and the VSQG healthcare facility that is sending the non-creditable hazardous waste pharmaceuticals off site are under the control of the same person, as specified in §D of this regulation; or The receiving facility has a contractual or other documented business relationship by which the receiving healthcare facility supplies pharmaceuticals to the VSQG healthcare facility; and The receiving facility: Is operating under the provisions of Regulations .32—.48 of this chapter for the management of the receiving facility’s non-creditable hazardous waste pharmaceuticals; Manages the non-creditable hazardous waste pharmaceuticals that it receives from off site in compliance with the requirements of Regulations .32—.48 of this chapter; and Keeps records of the non-creditable hazardous waste pharmaceuticals that the facility receives from off site for 3 years from the date that the shipment is received, except that the periods of retention of these records is extended automatically during the course of any unresolved enforcement action regarding the regulated activity. For the purposes of this regulation: “Person” has the meaning given by the definition in COMAR 26.13.01.03B; and “Control”: Means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise; and Does not include the situation when a contractor operates healthcare facilities on behalf of a different person. Hazardous Waste Determination for Potentially Creditable Pharmaceuticals. 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. Acceptance of Potentially Creditable Hazardous Waste Pharmaceuticals from Off Site. 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: “Person” has the meaning given by the definition in COMAR 26.13.01.03B; and “Control”: Means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise; and Does not include the situation when a contractor operates healthcare facilities on behalf of a different person. 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: The off-site facility qualifies, under federal regulations, as a very small quantity generator (VSQG) of hazardous waste; Either: The receiving facility and the VSQG healthcare facility that is sending the potentially creditable hazardous waste pharmaceuticals off site are under the control of the same person, as specified in §B(3) of this regulation; or The receiving facility has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the VSQG healthcare facility; and The receiving facility: Is operating under the provisions of Regulations .32—.49 of this chapter for the management of the receiving facility’s potentially creditable hazardous waste pharmaceuticals; Manages the potentially creditable hazardous waste pharmaceuticals that it receives from off site in compliance with the requirements of Regulations .32—.49 of this chapter; and Keeps records of the potentially creditable hazardous waste pharmaceuticals that the facility receives from off site for 3 years from the date that the shipment is received, except that the periods of retention of these records is extended automatically during the course of any unresolved enforcement action regarding the regulated activity; Prohibition of Shipment. Except for potentially creditable hazardous waste pharmaceuticals, a healthcare facility may not send hazardous waste to a reverse distributor. Biennial Reporting. A healthcare facility is not subject to biennial reporting requirements under COMAR 26.13.03.06B with respect to potentially creditable hazardous waste pharmaceuticals managed under Regulations .32—.49 of this chapter. Record Keeping. A healthcare facility that initiates a shipment of a potentially creditable hazardous waste pharmaceutical to a reverse distributor shall: Keep the following records, in either a paper or electronic format, for each shipment of a potentially creditable hazardous waste pharmaceutical: The confirmation of delivery; and The shipping paper or papers prepared in accordance with 49 CFR Part 172 Subpart C, if applicable; 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: 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; and 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. Response to Spills. A healthcare facility shall: 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. This regulation establishes requirements that apply to: A healthcare facility shipping non-creditable hazardous waste pharmaceuticals off site; and A reverse distributor shipping evaluated hazardous wastes pharmaceuticals off site. A person identified in §A of this regulation shall: 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. Pre-transport Requirements — Healthcare Facilities. A healthcare facility shall comply with the following requirements before transporting off site or offering for transport off site a non-creditable hazardous waste pharmaceutical: 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: Mark the container with EPA Hazardous Waste Numbers D004, D005, D006, D007, D008, D010, and D011, when applicable, by either: Directly marking the applicable EPA Hazardous Waste Numbers on the container; or Using an electronic system for data capture, storage, and retrieval, such as bar coding or a radio frequency identification tag, 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; and It is not necessary to mark the container with EPA Hazardous Waste Numbers other than those identified in §C(5)(a) of this regulation; 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. Pre-transport Requirements — Reverse Distributors. A reverse distributor shipping evaluated hazardous waste pharmaceuticals off site shall: 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: Directly marking the applicable EPA Hazardous Waste Numbers on the container; or Using a method described in §C(5)(a)(ii) of this regulation. Manifesting. 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: Is not required to list all applicable hazardous waste numbers, also known as hazardous waste codes, in the “Waste Codes” section of the manifest form, item 13 of EPA Form 8700-22; and Shall write either the code “PHRM” or the code “PHARMS” in the “Waste Codes” section of the manifest form, item 13 of EPA Form 8700-22. Export and Import Requirements. 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. A person that imports a non-creditable hazardous waste pharmaceutical or an evaluated hazardous waste pharmaceutical is subject to COMAR 26.13.02.07. A healthcare facility or a reverse distributor may not accept an imported non-creditable hazardous waste pharmaceutical or an imported evaluated hazardous waste pharmaceutical unless the healthcare facility or reverse distributor has a permit or interim status that allows hazardous waste to be accepted from off site. A healthcare facility or a reverse distributor that transports off site or offers for transport off site potentially creditable hazardous waste pharmaceuticals to a reverse distributor shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR Parts 171—180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of hazardous material in 49 CFR § 171.8. Delivery Confirmation. A reverse distributor that receives a shipment of potentially creditable hazardous waste pharmaceuticals: 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. Required Actions if a Timely Confirmation of Delivery is not Received. If 35 days have elapsed since a healthcare facility or reverse distributor initiated a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor, and the initiating shipper has not received confirmation of delivery, the initiating shipper shall promptly contact the carrier and the reverse distributor that was the intended recipient of the shipment to: Report that the delivery confirmation has not been received; and Determine the status of the potentially creditable hazardous waste pharmaceuticals that were shipped. Exports. A healthcare facility or reverse distributor that sends a potentially creditable hazardous waste pharmaceutical to a foreign destination: Is not required to comply with the manifesting requirements of 40 CFR § 262.83(c); Shall comply with: The applicable sections of 40 CFR Part 262, Subpart H, as qualified by COMAR 26.13.03.07B(2); and §§A—C of this regulation. Imports. 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. Transporter Requirements. A person that transports potentially creditable hazardous waste pharmaceuticals to a reverse distributor: 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. This regulation establishes requirements for reverse distributors for the management of: Potentially creditable hazardous waste pharmaceuticals; and Evaluated hazardous waste pharmaceuticals. A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from off site and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals on site without a hazardous waste permit and without having interim status if the reverse distributor complies with the requirements of §§C—D of this regulation. Management Standards. 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: The management standards of 40 CFR §266.510(a); Additional standards for management of potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor as specified in 40 CFR §266.510(b)(1)—(2) and (4); and Additional standards for management of evaluated hazardous waste pharmaceuticals as specified in 40 CFR §266.510(c)(1)—(4) and 40 CFR §266.510(c)(7)—(10). In complying with the provisions of 40 CFR §266.510 cited in §C(1) of this regulation, a reverse distributor shall: Substitute “Department” for “EPA Regional Administrator”; and Refer to the table in COMAR 26.13.01.05B(2) to identify references to provisions in COMAR that should be substituted for corresponding references to federal regulations that are made in 40 CFR §266.510. Shipping Requirements. 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. Permit Requirements. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to applicable requirements of COMAR 26.13.05, .06, and .07 if the reverse distributor: 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. Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland Effective date: April 18, 1988 (15:8 Md. R. 1009) Chapter recodified from COMAR 10.51.11 to 26.13.10 Regulation .01A, C amended effective May 24, 1993 (20:10 Md. R. 853) Regulation .01A, D amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .01C, D amended effective October 16, 2000 (27:20 Md. R. 1843) Regulation .02A amended effective December 23, 1991 (18:25 Md. R. 2759); October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647) Regulation .02E, F amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .03A, B amended effective November 1, 2002 (29:21 Md. R. 1647) Regulation .03B, D amended effective October 16, 2000 (27:20 Md. R. 1843); January 13, 2022 (49:1 Md. R. 14) Regulation .04 amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14) Regulation .04B, C amended effective October 16, 2000 (27:20 Md. R. 1843) Regulation .04J amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .05 adopted effective September 7, 1998 (25:18 Md. R. 1438) Regulations .06—.25 adopted effective November 1, 2002 (29:21 Md. R. 1647) Regulation .06B amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .08A, B amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .09 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .09-1 adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .10A amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .11C amended effective January 18, 2016 (43:1 Md. R. 14) Regulation .14 amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .14B amended effective May 3, 2021 (48:9 Md. R. 359); October 1, 2025 (52:17 Md. R. 876) Regulation .16-1 adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .17A amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .18C amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .19C amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876) Regulation .20C amended effective May 1, 2008 (35:8 Md. R. 809) Regulation .20F adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .21F amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .22G amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .23C amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .24 amended effective January 13, 2022 (49:1 Md. R. 14) Regulation .25A amended effective October 1, 2025 (52:17 Md. R. 876) Regulation .25B amended effective May 3, 2021 (48:9 Md. R. 359) Regulation .25C adopted effective October 1, 2025 (52:17 Md. R. 876) Regulation .26 adopted effective January 1, 2007 (33:26 Md. R. 1999) Regulation .27 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .28 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .29 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .30 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulation .31 adopted effective May 1, 2008 (35:8 Md. R. 809) Regulations .32—.49 adopted effective October 1, 2025 (52:17 Md. R. 876)