BRIAN E. FROSH 

Auorney General 

410-576-7036 

FACSIMILE NO. 

STATE OF MARYLAND 

OFFICE OF THE ATTORNEY GENERAL 

MARYLAND PROGRAM REVISION III 

ADDENDUM 

ATTORNEY GENERAL CERTIFICATION 

FOR FINAL AUTHORIZATION FOR CHANGES 

TO THE FEDERAL HAZARDOUS WASTE PROGRAM 

PROGRAM REVISION Ill 

ELIZABETH F. H ARRIS 

Chief Deputy Attorney General 

TIDRUVENDRAN VIGNARAJAH 

Deputy Attorney General 

410-576-63 11 

WRITER'S DIRECT DIAL NO. 

I hereby certify, pursuant to my authority as Attorney General and in accordance with 

Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the Hazardous 

and Solid Waste Amendments (HSWA) of 1984 (42 USC 6901 et g:g.), and Title 40, Part 271 of 

the Code of Federal Regulations (40 CFR 271), that in my opinion the laws of the State of 

Maryland provide adequate authority to carry out the revised hazardous waste program set forth 

in the Program Description submitted by the Maryland Department of the Environment. The 

specific authorities provided are contained in statutes or regulations lawfully adopted at the time 

this Statement is signed and which are in effect now. 

Maryland's Program Revision ill addresses selected Federal final rules published by the 

United States Environmental Protection Agency (EPA) between January 14, 1985 and August 5, 

2005. However, Maryland is not seeking fmal authorization for all changes that EPA has made 

to the federal hazardous waste regulations during that time. For instance, Maryland is not 

seeking authorization for the land disposal restrictions (40 CFR 268), used oil standards (40 CFR 

279), boiler and industrial furnace standards ( 40 CFR 266, Subpart H), air emission standards 

(40 CFR 264 AND 265, Subparts AA, BB and CC), or HSWA corrective action requirements. 

The State is only requesting authorization for the provisions identified in Attachment 1 of this 

certification and documented on the Revision Checklists included as part of Attachment 1. 

Differences between the Maryland provisions and the federal provisions are noted on the 

Revision Checklists. Maryland is also seeking authorization for State-initiated changes that were 

not made in response to federal regulatory change. The regulations are codified in the Code of 

Maryland Regulations (hereinafter "CO MAR") effective as of the date of this certification. This 

Attorney General's Certification supplements the previously certified authorities described in the 

June 4, 1984, November 12, 2000, and November 14, 2002 certifications. 

200 Saint Paul Place •:• Baltimore, Maryland. 2 1202-2021 

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STATUTORY CERTIFICATION 

I hereby certify that statutes relied on in previously approved authorization applications 

have not been amended, modified or revised by statute or judicial decision in a way that 

diminishes and interferes with the authority to carry out the previously authorized hazardous 

waste program to meet the requirements of 40 CFR Part 271 , Subpart A. The statutory 

authorities for Maryland are documented in the State's Attorney General Statements dated June 

4, 1984, November 12, 2000 and November 14, 2002, as well as Maryland Legislation Checklist 

and the Maryland Statutory Checklist - Hazardous and Solid Waste Amendments of 1984 which 

were attached to the November 12,2000 Attorney General's Statement. Included with this 

Certification as Attachment 2 is the RCRA Statutory Checklist. This checklist consolidates and 

updates the State's authorities originally documented on the Legislation and HSWA Statutory 

Checklists. The statutes referenced on the RCRA Statutory Checklist are from the Environment 

Article of the Annotated Code of Maryland (2013 Replacement Volume and 2014 Supplement), 

and the State Government Article of the Annotated Code of Maryland (2014 Replacement 

Volume). 

Note that Section 7-207 of the State Government Article, which is now referenced in 

Section XV1.5 of the RCRA Statutory Checklist, was amended in 2005 to allow prospective 

incorporation by reference of federal regulations, but the Maryland Department of the 

Environment, Land Management Administration bas not made use of this authority to-date for 

regulations that constitute the State's hazardous waste regulatory program. 

CERTIFICATION REGARDING LEGISLATIVE. REGULATORY OR POLICY 

INITIATIVES 

I hereby certify that the State of Maryland has not enacted any legislation or implemented any 

regulatory or policy initiatives that could potentially limit or interfere with the authority to 

implement, administer, or enforce the authorized hazardous waste program. 

CERTIFICATION REGARDING JUDICIAL DECISIONS 

There have not been any judicial decisions that limit or interfere with the State's authority to 

implement, administer, or enforce the authorized hazardous waste program. 

Seal of Office 

Brian E. Frosb 

Attorney General of Maryland 
ATTACHMENT 1 

MARYLAND 

REGULA TORY PROVISIONS 

INCLUDED IN 

PROGRAM REVISION III 
MARYLAND 

PROGRAM REVISION III 

PROGRAM ELEMENTS 

for which 

AUTHORIZATION IS BEING SOUGHT 

A. FEDERAL REQUIREMENTS FOR WHICH MARYLAND IS SEEKING 

AUTHORIZATION (See Revision Checklists included in Attachment 2 for more detail). 

(Note: "t" denotes an optional provision, i.e., a Federally-initiated change that the State is not 

required to adopt in order to maintain consistency with the Federal hazardous waste regulatory 

program.) 

EPA Federal Requirements Federal FR Date(s) 

Check- Register (FR) 

list Reference 

Ref. 

No. 

14 Dioxin Waste Listing and Management 50 FR 1978 1114/85 

Standards 

17E Location Standards for Salt Domes, Salt Beds, 50 FR 28702 7/L5/85 

Underground Mines and Caves 

17! Ground-Water Monitoring 50 FR 28702 7/15/85 

17M Pre-conslruction Ban 50 FR 28702 7/1 5/85 

17N Permit Life 50 FR 28702 7/15/85 

t 17Q Research and Development Permits 50 FR 28702 7/15/85 

17S Exposure Information 50 FR 28702 7/15/85 

44 D Permit Modification 52 FR 45788 12/l/87 

44 F Permit Conditions to Protect Human Health and 52 FR 45788 12/l/87 

the Environment 

ll7B Toxicity Characteristic Amendment (HSW A) 57 FR 23062 6/ l/92 

t 129 Revision of Conditional Exemption for Small 59 FR 8362 2/18/94 

Scale Treatability Studies (Non-HSW A) 

t t 35 Recovered Oil Exclusion (Non-HSW A) 59 FR 38536 7/28/94 

140 Carbamate Production Identification and Listing 60 FR 7824 2/9/95 

of Hazardous Waste (HSW A) 

148 RCRA Expanded Public Participation (Non- 60 FR 63417 12/11/95 

HSWA) 

Auachment 1 Page 1 of 6 
EPA Federal Requirements Federal FR Date(s) 

Check- Register (FR) 

list Reference 

Ref. 

No. 

1150 Recovered Oil Exclusion, Correction (Non- 61 FR 13103 3/26/96 

HSWA) 

156 Military Munitions Rule (Non-HSW A) 62 FR 6622 2/12/97 

tL64 Kraft Mill Stream Stripper Condensate 63 FR 18504 4115/98 

Exclusion 

169 Petroleum Refining Process Wastes 63 FR 42110 8/6/98 

tJ78 Petroleum Refining Process Wastes-- Leachate 64 FR 6806 2111199 

Exemption 

t i87 Petroleum Refining Process Wastes- 65 FR 36365 6/8/00 

Clarification 

t l92A Mixture and Derived-From Rules Revisions 66 FR 27266 5116/01 

t194 Hazardous Waste Identification Rule 66 FR 50332 10/3/01 

Corrections: Revisions to Mixture and Derived- 66 FR 60153 12/3/01 

From Rules 

L99 Vacatur of Mineral Processing Spent Materials 67 FR 11251 3/13/02 

Being Reclaimed as Solid Wastes and TCLP Use 

With MGP Waste 

207 Hazardous Waste Management System; 70 FR 10776 3/4/2005 

Modification of the Hazardous Waste Manifest 

System 

(207) Hazardous Waste Management System; 70 FR 35034 6/16/2005 

Modification of the Hazardous Waste Manifest 

System; Correction 

t209 Universal Waste Rule: Specific Provisions for 70 FR 45508 8/5/2005 

Mercury Containing Equipment 

Attachment l Page 2 of 6 
B. FEDERAL REQUIREMENTS WHICH MARYLAND HAS PARTIALLY ADOPTED 

AND IS EITHER NOT SEEKING AUTHORIZATION AT THIS TIME, OR IS SEEKING 

PARTIAL AUTHORIZATION 

The following table identifies checklists for which the State is either not seeking authorization or 

is only seeking partial authorization because it has adopted only some of the provisions 

associated with these checklists. The provisions associated with these checklists that Maryland 

has not adopted relate to the federal Land Disposal Restrictions (LOR) program. 

Partial EPA Federal Requirements Comments 

Auth. Check-list 

Request Ref. No. 

? 

Yes 78 Land Disposal Restrictions The State has adopted the changes to 

(LOR) for Third Third characteristic waste definitions and the 

Scheduled Wastes (See F039 listing associated with this 

Revision Checklist 78 in checklist, but not the LDR provisions. 

Non-HSW A Cluster VD (55 

FR 22520, 6/1/90) 

Yes 109 Land Disposal Restrictions The State is seeking authorization for the 

for Newly Listed Waste and containment building provisions and the 

Hazardous Debris (HSW A) provisions concerning hazardous debris 

(57 FR 37194, 8/18/92) on this checklist. The State has not yet 

adopted the LDR provisions. 

No 136 Removal of the Conditional The State has adopted the provision 

Exemption for Certain Slag concerning slag residues, but has not 

Residues (HSWA) (59 FR adopted the LDR provision associated 

43496, 8/24/94) with this checklist. 

Yes 157 Land Disposal Restrictions The State is seeking authorization for the 

Phase IV - Treatment provisions and the provisions concerning 

Standards for Wood exemptions for processed materials on 

Preserving Wastes, this checklist. The State has not yet 

Paperwork Reduction and adopted the LDR provisions. 

Streamlining, Exemptions 

From RCRA for Certain 

Processed Materials; and 

Miscellaneous Hazardous 

Waste (62 FR 25998-26040, 

5/12/97) 

Yes 159 Carbamate Production, The State has removed Kl60 and revised 

Identification and Listing of Kl56, Kl57 and Kl58, made the 

Hazardous Waste; Land specified revisions to the U list of 

Disposal Restrictions hazardous wastes, and made the 

(Conformance With the specified modifications to the "Basis for 

Carbamate Vacatur) (HSWA) Listing" and the table of hazardous 

Attachment 1 Page 3 of 6 
Partial EPA Federal Requirements Comments 

Auth. Check-list 

Request Ref. No. 

? 

(62 FR 32974, 6117/97) constituents. The State has not yet 

adopted the LOR provisions. 

Yes 183 Land Disposal Restrictions The State has adopted the provision that 

Phase fY --Technical removes entries for K064, K065, K066, 

Corrections (64 FR 56469, K090 and K091. The State has not yet 

10/20/99) adopted the LOR provisions. 

Yes 189 Chlorinated Aliphatics The State has adopted the provision 

Listing and LDRs for Newly related to listings for Kl74 and Kl75. 

Identified Wastes (65 FR The State has not yet adopted the LOR 

67068, 1118/00) provisions. 

Yes 195 Identification and Listing of The State has adopted the waste listings 

Hazardous Waste: Inorganic for K176, K177 and Kl78, and has 

Chemical Manufacturing adopted the non-LOR provisions on this 

Wastes; Land Disposal checklist. The State has not yet adopted 

Restrictions for Newly the LDR provisions. 

Identified Wastes (66 FR 

58258, 11/20/01) 

C. STATE-INITIATED CHANGES 

Maryland has made some State-initiated changes to its rules, none of which cause Mru·yland 

regulations to be less stringent than the federal hazru·dous waste regulatory program. The 

following table highlights these changes. 

STATE INITIATED CHANGES 

Federal RCRA State Citation Comment 

Citation (COMAR ... ) 

No Federal analog in 40 26.13.07.20-2F(3)(e) This provision deals with State statutory 

CFR 124.32 requirements to hold a public informational 

meeting under ce1tain circumstances. 

No direct federal analog. 26.13.02.05D(2)(c)(iv) Clarifies that if a Maryland-defined small quantity 

Related to 261.5(g)(3) generator sends hazardous waste to something 

other than a permitted hazardous waste facility, the 

alternate facility must have the proper permits to 

accept the waste 

40 CFR 261 .2 1 (a)(3); 26.13.02.11A(3), A(4), The State has adopted changes EPA made in its 

(no Federal analog to and C; 26.13.02.11-1 July 14, 2006 error correction rule (7 1 FR 40254) 

26.13.02. 11-1) to the definition of ignitability. These changes 

eliminate discrepancies between the hazardous 

waste regulations and current U.S. Department of 

Transportation regulations. In addition, the State 

Attachment 1 Page 4 of 6 
STATE INITIATED CHANGES 

Federal RCRA State Citation Comment 

Citation (COMAR ... ) 

has included in the text of its regulations (at 

26.1 3.02. 11-1) the specific procedures for test 

methods of the Bureau of Explosi ve Safety that 

EPA references in its regulations. The State 

included the specific procedures in its regulatory 

text because of limitations imposed by the 

M aryland Division of State Documents on using 

incorporation by reference for brief documents 

(documents less than 50 pages long.) 

40 CFR 261.23(a)(8) 26.13.02. 13A(8) and C The State adopted changes to the definition of the 

characteristic of reactivity to correct what had been 

erroneous cross references to current U.S. 

Department of Transportation (DOT) regulations. 

EPA subsequently corrected the corresponding 

federal regulation in a technical corrections 

amendment covered by Checklist 223. The State 

has also modified its regulations to clarify how to 

determine if a waste is a Class A or a Class B 

explosive based on the waste's designation under 

the current DOT categorization scheme, which 

supplanted the Class A and Class B designation. 

EPA subsequently made a similar change in the 

amendments covered by Checklist 223. 

262.58(a) 26. 13.03.07 -5A(2) The State has split this provision into A(2)(a) and 

A(2)(b) and added clarifying language regarding 

EPA's authority under HSW A. It is equivaJent to 

the Federal program. 

265. 1 (c)( 13) 26. 13.06.01 A(4)(k) States that Chapter 06 does not apply to addition of 

absorbent material to a container or addition of 

waste to absorbent in a container if ce11ain 

conditions are met. 

266.70(a) 26. 13. 1 0.03A Correct spelling of "palladium". 

266.80 26. 13.1 0.04C Provisions concerning lead acid batteries. 

Rewrites federal " question/answer" format to 

conform to M aryland Division of State Documents 

style requirements. 

No federal analog 26. 13. 10.26 The State requires that, in some cases, fluorescent 

lamps that under federal regulations would be 

exempt from hazardous waste regulatory 

requirements must be sent to a permitted hazardous 

waste facility or a universal waste destination 

facility. This applies to hou ehold waste and waste 

generated by generator that meet M aryland's 

definition of "smaJI quantity generator" if the 

number of lamps being disposed over a caJendar 

A ttachment 1 Page 5 of 6 
STATE INITIATED CHANGES 

Federal R CRA State Citation Comment 

Citation (COMAR ... ) 

year is above a specified amount. (Maryland's 

small quantity generator category is analogous to 

the federal conditionally exempt small quantity 

generator category.) These provisions were 

adopted to implement State statutory requirements. 

Attachment 1 Page 6 of 6