.03 Definition of Hazardous Waste.

A. A solid waste, as defined in Regulation .02 of this chapter, is a hazardous waste if:

(1) It is not excluded from regulation as a hazardous waste under Regulation .04-1 of this chapter; and

(2) It meets any of the following criteria:

(a) It exhibits any of the characteristics of hazardous waste identified in this chapter except as otherwise provided in §A-1 of this regulation concerning waste from the extraction, benefication, and processing of ores and minerals;

(b) It is listed in Regulations .15—.19 of this chapter and has not been excluded from the lists by:

(i) COMAR 26.13.01.04A and C;

(ii) Regulation .16A(1) of this chapter; or

(iii) Regulation .17A(1) of this chapter;

(c) It is a mixture of solid waste and a hazardous waste that is listed in this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity identified in Regulations .11—.13 of this chapter unless the:

(i) Resultant mixture no longer exhibits any characteristic of hazardous waste as identified in this chapter; or

(ii) Solid waste is excluded from regulation under Regulation .04-1A(7) of this chapter and the resultant mixture no longer exhibits any characteristic of hazardous waste identified in this chapter for which the hazardous waste in the mixture was listed in this chapter;

(d) It is a mixture of solid waste and one or more hazardous wastes listed in this chapter and has not been excluded from being regulated as a hazardous waste under COMAR 26.13.01.04 or A(2)(c), A-2, or F of this regulation; or

(e) Except as provided in COMAR 26.13.02.04-1A(11), it is used oil which contains more than 1,000 parts per million total halogens and is therefore presumed to have been mixed with halogenated hazardous waste listed in Regulations .16—.19 of this chapter.

A-1. Any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under Regulation .04-1A(7) of this chapter and any other solid waste which exhibits a characteristic of hazardous waste under Regulations .10—.14 of this chapter, is a hazardous waste only under the following circumstances:

(1) The mixture exhibits a characteristic that would not have been exhibited by the excluded waste alone if this mixture had not occurred;

(2) The mixture continues to exhibit any of the characteristics exhibited by the non-excluded wastes before mixture; or

(3) The mixture exhibits the characteristic of toxicity and either of the following conditions hold:

(a) For one or more of the contaminants that cause the mixture to exhibit the characteristic of toxicity, the maximum concentration listed in Table 1 of Regulation .14B of this chapter would not have been exceeded by the excluded waste alone had the mixture not occurred, or

(b) For any contaminant that caused the nonexempt waste to exhibit the characteristic of toxicity before the mixture occurred, the mixture continues to exceed the maximum concentration for that contaminant listed in Table 1 of Regulation .14B of this chapter.

A-2. The following mixtures of solid wastes and hazardous wastes listed in this chapter are not hazardous wastes, except by application of §A(2)(a) and (b) of this regulation, if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either §402 or 307(b) of the Clean Water Act, including wastewater at facilities which have eliminated the discharge of wastewater, and:

(1) One or more of the following solvents listed in Regulation .16 of this chapter if the maximum total weekly usage of these solvents, less amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system, does not exceed one part per million:

(a) Carbon tetrachloride;

(b) Tetrachloroethylene; and

(c) Trichloroethylene;

(2) One or more of the following spent solvents listed in Regulation .16 of this chapter if the maximum total weekly usage of these solvents, less amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system, does not exceed 25 parts per million:

(a) Methylene chloride;

(b) 1,1,1-trichloroethane;

(c) Chlorobenzene;

(d) o-dichlorobenzene;

(e) Cresols;

(f) Crecylic acid;

(g) Nitrobenzene;

(h) Toluene;

(i) Methyl ethyl ketone;

(j) Carbon disulfide;

(k) Isobutanol;

(l) Pyridine; and

(m) Spent chlorofluorocarbon solvents;

(3) One or more of the following wastes listed in Regulation .17 of this chapter, if the wastes are discharged to the refinery oil recovery sewer before primary separation of oil, water, and solids:

(a) Heat exchanger bundle cleaning sludge from the petroleum refining industry as listed under EPA Hazardous Waste Number K050;

(b) Crude oil storage tank sediment from petroleum refining operations as listed under EPA Hazardous Waste Number K169;

(c) Clarified slurry oil tank sediment, in-line filter/separation solids, or both, from petroleum refining operations as listed under EPA Hazardous Waste Number K170;

(d) Spent hydrotreating catalyst as listed under EPA Hazardous Waste Number K171; and

(e) Spent hydrorefining catalyst as listed under EPA Hazardous Waste Number K172;

(4) A discarded commercial chemical product or chemical intermediate listed in Regulation .19 of this chapter arising from de minimis losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process, where, for purposes of this section, "de minimis" losses include:

(a) Losses from normal material handling operations including, for example, spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices used to transfer materials;

(b) Minor leaks of process equipment, storage tanks, or containers;

(c) Leaks from well maintained pump packings and seals;

(d) Sample purgings;

(e) Relief device discharges;

(f) Discharges from safety showers and rinsing and cleaning of personal safety equipment; and

(g) Rinsate from empty containers or from containers that are rendered empty by that rinsing;

(5) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in Regulations .15—.26 of this chapter if:

(a) The annualized average flow of laboratory wastewater does not exceed 1 percent of the total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system; or

(b) The combined annualized average concentration of the wastes does not exceed 1 part per million in the headworks of the facility's wastewater treatment or pretreatment facility, not counting, for the purposes of this calculation, toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater;

(6) Wastewaters from the production of carbamates and carbamoyl oximes, as listed in Regulation .17 of this chapter under EPA Hazardous Waste Number K157, as follows:

(a) The aggregate maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine, divided by the average weekly flow of process wastewater before any dilutions into the headworks of the facility's wastewater treatment system, does not exceed a total of 5 parts per million by weight; and

(b) "Maximum weekly usage" for the purpose of §A-2(6)(a) of this regulation means all amounts of the compounds listed in §A-2(6)(a) of this regulation that are discharged or volatilized; that is, the amounts that cannot be demonstrated to be recovered, reacted in the process, or destroyed through treatment; or

(7) Wastewaters derived from the treatment of organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, as listed in Regulation .17 of this chapter under EPA Hazardous Waste Number K156, if the sum of the concentrations of formaldehyde, methyl chloride, methylene chloride, and triethylamine in the wastewater before any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter.

B. A solid waste which is not excluded from regulation under §A(1) of this regulation becomes a hazardous waste when any of the following events occurs:

(1) In the case of a waste listed in Regulations .15—.19 of this chapter, when the waste first meets the listing description set forth in Regulations .15—.19 of this chapter;

(2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in Regulations .15—.19 of this chapter is first added to the solid waste;

(3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in Regulations .10—.14 of this chapter.

C. Unless and until it meets the criteria of §D of this regulation:

(1) A hazardous waste will remain a hazardous waste.

(2) Any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate but not including precipitation runoff, is a hazardous waste, except:

(a) As otherwise provided in:

(i) §C-1 of this regulation; or

(ii) §F(1)(c) of this regulation, concerning hazardous wastes listed solely for one or more of the characteristics of ignitability, corrosivity, or reactivity; and

(b) Materials that are reclaimed from solid waste and that are used beneficially are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.

C-1. The following solid wastes are not hazardous wastes even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:

(1) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332);

(2) Waste from burning any of the materials exempted from regulation by Regulation .06A-1(1)(c) and (2)(c)—(e) of this chapter;

(3) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste if:

(a) The processing is conducted in units identified as:

(i) Rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, or combinations of rotary hearth furnaces and electric furnaces; or

(ii) Industrial furnaces as defined in COMAR 26.13.01.03B(40)(f), (g), or (l);

(b) The residues:

(i) Are disposed in a subtitle D unit, that is, a unit regulated under Subtitle D of RCRA:

(ii) Meet the generic exclusion levels in Table 1 and Table 2 in §C-2 of this regulation for all constituents; and

(iii) Exhibit no characteristics of hazardous waste;

(c) The generator of the residues incorporates testing requirements into a facility's waste analysis plan or a generator's self-implementing waste analysis plan to demonstrate that the criteria of §C-1(3)(b)(ii) and (iii) of this regulation are met by collecting and analyzing composite samples:

(i) At least quarterly; and

(ii) Whenever the process or operation generating the residues changes;

(d) The person claiming this exclusion for the residues is able to prove, by clear and convincing evidence, that the material meets all of the exclusion requirements if the Department brings an enforcement action concerning the claim;

(e) The generator of the residues prepares a one-time notification that includes:

(i) The name and address of all subtitle D units receiving the shipments of the residues;

(ii) The EPA hazardous waste numbers of the residues at the initial point of generation;

(iii) The treatability group or groups, that is, wastewater or nonwastewater as defined in 40 CFR §268.2, of the residues at the initial point of generation; and

(iv) The treatment standards under 40 CFR Part 268 applicable to the waste at the initial point of generation;

(f) The generator of the residues obtains a certification signed by an authorized representative of the generator that states "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."; and

(g) The generator of the residues:

(i) Places the notification required by §C-1(3)(e) of this regulation and the certification required by §C-1(3)(f) of this regulation in the facility's files;

(ii) Retains the notification and the certification for at least 3 years, with the 3-year record retention period being automatically extended during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Secretary;

(iii) Submits a copy of the notification and the certification to the Department, with a notation that the notification and certification should be directed to the attention of the group within the Department responsible for oversight of hazardous waste management;

(iv) Updates the notification and the certification that are in the facility's files if the process or operation generating the waste changes, if the waste is sent to a different subtitle D facility, or both; and

(v) Provides the Department with an updated notification and certification on an annual basis if the changes identified in §C-1(3)(g)(iv) of this regulation occur, with it being acceptable to make a single submission to the Department covering all changes during a calendar year, provided the Department receives the submission not later than December 31 of the year in which the changes occur;

(4) Biological treatment sludge from one of the following wastes listed under "organic chemicals" in Regulation .17 of this chapter:

(a) Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K156); and

(b) Wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K157); and

(5) Catalyst inert support media separated from one of the following wastes listed in Regulation .17 of this chapter:

(a) Spent hydrotreating catalyst (EPA Hazardous Waste Number K171); and

(b) Spent hydrorefining catalyst (EPA Hazardous Waste Number K172).

C-2. Table 1 and Table 2—Generic Exclusion Levels.

Table 1

Generic Exclusion Levels for K061 and
K062 Nonwastewater HTMR Residues

Constituent	Maximum for any single composite sample-TCLP (mg/l)
Antimony	0.10
Arsenic	0.50
Barium	7.6
Beryllium	0.010
Cadmium	0.050
Chromium (total)	0.33
Lead	0.15
Mercury	0.009
Nickel	1.0
Selenium	0.16
Silver	0.30
Thallium	0.020
Zinc	70.

Table 2

Generic Exclusion Levels for
F006 Nonwastewater HTMR Residues

Constituent	Maximum for any single composite sample-TCLP (mg/l)
Antimony	0.10
Arsenic	0.50
Barium	7.6
Beryllium	0.010
Cadmium	0.050
Chromium (total)	0.33
Cyanide (total mg/kg)	1.8
Lead	0.15
Mercury	0.009
Nickel	1.0
Selenium	0.16
Silver	0.30
Thallium	0.020
Zinc	70.

D. Any solid waste described in §C of this regulation is not a hazardous waste if it meets the following criteria:

(1) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in Regulations .10—.14 of this chapter; and

Agency Note: Wastes that exhibit a characteristic of hazardous waste at the point of generation may still be subject to the requirements of 40 CFR Part 268 even if they no longer exhibit a characteristic of hazardous waste at the point of land disposal.

(2) In the case of a waste which is a listed waste under Regulations .15—.19 of this chapter, contains a waste or wastes listed under Regulations .15—.19 of this chapter or is derived from a waste listed in Regulations .15—.19 of this chapter, it also has been excluded from §C of this regulation under COMAR 26.13.01.04A(3) and C.

E. Notwithstanding §§A—D of this regulation, the following materials are not subject to regulation under COMAR 26.13.01—26.13.09 and COMAR 26.13.10.01—.04 if the debris does not exhibit a characteristic of hazardous waste identified in Regulations .10—.14 of this chapter:

(1) Hazardous debris, as defined in COMAR 26.13.01.03B, that has been treated using one of the required extraction or destruction technologies specified in Table 1 of 40 CFR §268.45, with the understanding that in an enforcement action concerning this provision, a person claiming this exemption will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; and

(2) Debris, as defined in COMAR 26.13.01.03B, that the Secretary, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

F. Exclusions for Wastes Listed as Hazardous Waste Solely Because They Exhibit One or More Characteristics of Hazardous Waste.

(1) The following wastes are not hazardous waste if the waste no longer exhibits any characteristic of hazardous waste defined in Regulations .10—.14 of this chapter:

(a) A hazardous waste that is listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of:

(i) Ignitability as defined in Regulation .11 of this chapter;

(ii) Corrosivity as defined in Regulation .12 of this chapter; or

(iii) Reactivity as defined in Regulation .13 of this chapter;

(b) Any mixture of a solid waste and a hazardous waste listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as regulated under §A(2)(d) of this regulation; and

(c) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as regulated under §C(2) of this regulation.

(2) Wastes excluded under §F(1) and (3) of this regulation are subject to 40 CFR Part 268, as applicable, even if they no longer exhibit a characteristic of hazardous waste at the point of land disposal.

(3) A mixture of a solid waste excluded from regulation under Regulation .04-1A(7) of this chapter, relating to waste from the extraction, beneficiation, and processing of ores and minerals, and a hazardous waste listed in Regulations .15—.19 of this chapter solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as otherwise regulated under §A(2)(d) of this regulation, is not a hazardous waste if the mixture no longer exhibits any characteristic of hazardous waste that was the basis for listing the waste as hazardous.