26.13.02.05

.05 Special Requirements for Hazardous Waste Generated by Small Quantity Generators.

A. Exemptions.

(1) Except for those wastes identified in §§B, C, D, and E(2) of this regulation, and except as specified in §G of this regulation and COMAR 26.13.03.01A-3, if a person generates, in a calendar month, a total of less than 100 kilograms (approximately 220 pounds) of hazardous wastes, those wastes are not subject to regulation under COMAR 26.13.03—26.13.07, 26.13.09, or 26.13.10 or to the notification requirements of §3010 of RCRA, provided the generator complies with the requirements of §§B, D, E, and F of this regulation.

(2) In determining quantities under this chapter and COMAR 26.13.03, a generator shall include all hazardous waste generated, except for hazardous waste that is:

(a) Exempt from regulation under Regulations .04-2—.04-5, .06A-1(1), and .07A(1) of this chapter;

(b) Managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in COMAR 26.13.01.03B;

(c) Recycled, without prior storage or accumulation, only in an on-site process subject to regulation under Regulation .06C(2) of this chapter;

(d) Used oil managed under the requirements of COMAR 26.10.15, 26.11.09, Regulation .06A-1(3) of this chapter, and COMAR 26.13.10;

(e) Spent lead-acid batteries managed under the requirements of COMAR 26.13.10.04;

(f) Universal waste managed under Regulation .07-1 of this chapter and COMAR 26.13.10.06—.25; or

(g) Managed as part of an episodic generation event in compliance with the requirements of COMAR 26.13.03.05-2—26.13.03.05-4.

(3) In determining the quantity of hazardous waste generated, a generator need not include:

(a) Hazardous waste when it is removed from on-site storage;

(b) Hazardous waste produced by on-site treatment, including reclamation of the generator's hazardous waste, if the hazardous waste that is treated has been counted once; or

(c) Spent materials that are generated, reclaimed, and subsequently reused on-site, if the spent materials have been counted once.

B. Hazardous waste that is removed from the site of generation and is accumulated for the purpose of thermal destruction or is thermally destroyed in quantities greater than the minimum quantities specified in §§A and C of this regulation may not be excluded from the requirements of COMAR 26.13.05.16, 26.13.06.23, and 26.13.07.02, .02-6, and .05.

C. If a person generates in a calendar month or accumulates at any time any of the following hazardous wastes in quantities greater than set forth, those wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10:

(1) One kilogram of any commercial product or manufacturing chemical intermediate having the generic name listed in Regulation .19E or F of this chapter;

(2) One kilogram of any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in Regulation .19E or F;

(3) Any containers identified in Regulation .19C of this chapter that are larger than 20 liters in capacity;

(4) 10 kilograms of inner liners from containers identified under Regulation .19C of this chapter;

(5) 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill, into or onto any land or water, of any acute hazardous waste listed in Regulation .16, .17, .18, or .19 of this chapter;

(6) One kilogram of any of the following wastes:

(a) F020, F021, F022, F023, F026, and F027 as identified in Regulation .16 of this chapter; and

(b) K991, K992, K993, K994, K995, K996, K997, K998, and K999 as identified in Regulation .17 of this chapter; or

(7) One kilogram of any combination of wastes identified in §C(1), (2), and (6) of this regulation.

D. In order for hazardous waste to be excluded from regulation under this chapter, the generator:

(1) Shall comply with COMAR 26.13.03.02—.02-2, which concern hazardous waste determination;

(2) Shall treat or dispose of the waste in an on-site facility, or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the United States, is:

(a) Permitted by EPA under 40 CFR 270, or by a state with a hazardous waste management program authorized under 40 CFR 271;

(b) In interim status under:

(i) 40 CFR 270 and 265; or

(ii) COMAR 26.13.06 and 26.13.07;

(c) A facility that is:

(i) Permitted, licensed, or registered by a state to manage municipal solid waste or nonmunicipal, nonhazardous solid waste;

(ii) In compliance with the requirements of 40 CFR 258 or equivalent state regulations, if the waste is managed in a municipal solid waste landfill;

(iii) In compliance with the requirements of 40 CFR §§257.5—257.30 or equivalent state regulations, if the waste is managed in a nonmunicipal, nonhazardous waste disposal unit after January 1, 1998; and

(iv) Permitted to accept the waste;

(d) Permitted under COMAR 26.11.02.13 (air quality operating permit) and has a limited facility permit;

(e) A generating station that has been constructed by an electric company and that has a limited facility permit;

(f) A facility which:

(i) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(ii) Treats its waste before beneficial use or reuse, or legitimate recycling or reclamation;

(g) For universal waste managed under COMAR 26.13.10.06—.25, a universal waste handler or destination facility subject to the requirements of COMAR 26.13.10.06—.25; or

(h) A facility that is under the control of the same person as the generator, as described in COMAR 26.13.03.03—11B(1), if the generator marks the generator's containers of hazardous waste in accordance with the requirements of COMAR 26.13.03.03-10A(1) and (2), and the facility is authorized to accept the waste from the generator for consolidation under the provisions of:

(i) COMAR 26.13.03.03-11, if the facility is located in Maryland; or

(ii) 40 CFR §262.14(a)(5)(viii) or analogous regulations of the destination state, as applicable, if the facility to which the waste is being sent is not located in Maryland; and

(3) May not accumulate hazardous waste on-site if the generator accumulates at any time:

(a) Acute hazardous wastes in quantities greater than those set forth in §C of this regulation, in which case, those accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA, and the time period of COMAR 26.13.03.03-4C for accumulation of wastes on-site begins when the accumulated wastes exceed the applicable exclusion limit; or

(b) More than a total of 100 kilograms of any hazardous waste not otherwise regulated under §D(3)(a) of this regulation, in which case, those accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA, and the time period of COMAR 26.13.03.03—4C for accumulation of wastes on-site begins for a generator when the initial waste is generated.

E. Mixed Hazardous Wastes.

(1) Except as provided in §E(2), hazardous waste subject to the reduced requirements of this chapter may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this chapter, unless the mixture meets any of the characteristics of hazardous waste identified in Regulations .10—.14 of this chapter.

(2) If a generator's hazardous waste is mixed with used oil, the mixture is subject to regulation under applicable provisions of COMAR 26.10.15, 26.11.09, 26.13.04.01D(4), and 26.13.10.05, if it is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery.

(3) If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this regulation, the mixture is subject to full regulation under COMAR 26.13.01—26.13.10.

F. Hazardous waste subject to the requirements of COMAR 26.13.10.01—.03 or 26.13.02.06B and C is included in the quantity determination of this section and is subject to the requirements of this regulation.

G. Fluorescent Lamps. A person that generates waste fluorescent lamps that exhibit the toxicity characteristic of Regulation .14 of this chapter shall comply with COMAR 26.13.10.26.