# c Title 26 l>l<: PARTMENT OF TI-lE ENVIRONMENT SuhCitlc 

### 13 

### DISPOSAL OF CONTROLLED HAZAROOUS SUBSTANCES C'haptc• · 03 Standards Applicable tu Gcnc.-:1tors of Hazardous Waste J\nlhuruy: Lnvirunmcnt Arrick. Tilk 7. Snhlillc 2. J\nnolalcd Cntlc ni"Maryland 

### .ll l Purpo se, 

### Sco1>c , and App licabili ty.

A. 

### These regulations establish standards f(w 

### gcnerawrs 

# or hazardous waste. B. A generator who treats. stores. or disposes 

# or h:wmlous wastes on-site shall only comply with the following sections of this chapter with regards to that waste: (I) 

### Regulation

**.0~** 

# or this c hapter l(>r determining whether or not he has 

### a hazardous waste: (2) 

### Regulntion .03 

### of th is chapter lor obtaining an id entifi catio n number; 

### (3) Regulati on 

### .06/\(3) and (4) 

### of this chapter l(>r 

### record keeping: (4) Regulat ion 

### .06D of this chapter for additional reporting: (.5) 

### lfapplieable, Regulation .07-4 ofthis chapter for farmers; and (6) 

### Regulation .05E of this chapter for accumulation time

. 8-1. To detcnnine the applicability of a provision of thi s chapter that depends on the amount of hazardous waste generated per calendar month. a person shall usc the criteria of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste generated. 

### C. Any person who imports foreign hazardous waste into the State shall comply with the 

### s tandards applicable to gen erators estab lished in this chapter. 

### D. A farmer who generates waste pesticides which arc 

### hazardous wastes and who comp lies with all of the requirements of Regulation .07-4 or this chapter is not required to comply with other standards in this chapter or COMAR 26.13.05 , 26. l 3.06, or 26.13.07 with respect to these pesticides. E. A person who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the compliance requirements and penalties prescribed in Environment Article, Title 7, Subtitle 2. Annotated Code of Maryland, if that person does not comply with the requirements of this chapter. A generator of a hazardous waste who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and pem1it requirements set forth in COMAR 26 .1 3.05, 26.13.06, and 26.13.07. F. An owner or operator who initiates a shipment of hazardous waste from a treatment. storage, or disposal facility shall com ply with the generator standards established in this chapter. 

### G. Regulation by Reference. Reference to 49 CFR in th is chapter is to 

### 49 CFR as it has been adopted as of October 

### I, 2007. 

### H. A generator subject to regulation under this chapter shall also comply with the "Emergency Procedures" requirements of COMAR 26. 13 .05 .040(4). 

### f. A generator subject to regulation under this chapter shall follow the notification requirements of Section 

### 30 I 0 of RCRA. 

### J. Persons responding to an explosives or munitions emer gency in accordance with the following are not required to comply with the standa rds of this chapter: (1) 

### COMAR 26.13.07.01A; and (2) 

### Any of the following: (a) COMAR 26.13.05.01A(3)(h)(iv); (b) COMAR 26.13.05.010(5) and (6); 

### (c) COMAR 26. 1 3.06.01A(4)(h)(iv); or (d) COMAR26.13.06.01A(5)(b) 

### and (c).

26.13.03 

### Page I Effective as ofNovember 12.2010DEPARTMENT OF TilE ENVIRONMENT !(>

. I J.OJ.O::! 

### .112 1-lazarduus Waste Dcf('nuinatiun. 

### A. A person who generates a solid waste. as defined in COMAR 26.1.).02.02

. shall determine if that waste is a hazardous waste using the following method: (I) 

### The person should first determine if the waste is excluded from regulation under CO

### MAR 26

. 13.02.04

- .04-5; (2) The person shall then determine if the waste is listed as 

### a hazardous waste in COMAR 26

. 13

.02.15· · · .19: Agency Note: Even if the waste is listed. the generator still has an opportunity under COMAR 26.13

.02

.09A(3) to demonstrate to the Secretary that the waste li·om his particular facility or operation is not a hazardous waste. (3) I 

## r the waste is not listed as a hazardous waste in COMAR 26.13.02.15 · . I 9, 

### the person shall determine whether the waste is identified by either: (a) Testing the waste according to the methods set forth in COMAR 26.13.02.10-.14. or according to an equivalent method approved by the Secretary under 

### CO MAR 26

. 13.0 1.048; or (b) 

### Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used. B. If 

### the person determines that the wnstc is a hazardous waste, the person shall refer to COMAR 26.13.02. 26

. 13

. 05 , 26.13.06, and 26.13.10 for possible exclusions or restrictions pertaining to management of the specific waste

.

.03 EPA 

### ldcntilication 

### Numbers. A. A generator may not treat, store, dispose of. transport, or offer for transportation. hazardous waste without having received an EPA 

### identification number from the Secretary. 

### B. A generator who has not received an EPA identification number may obtain one by applying to the Secretary using EPA fom1 8700-12. Upon receiving the request the Secretary will assign an identification number to the generator. 

### C. A generator may not offer his hazardous waste 

### to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. .04 The Manifest. A. General Requirements. (I) 

### A generator who transports, or offers for transport , hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility who offers for transp011 a rejected hazardous waste load, shall prepare a manifest (OMB control number 2050-0039) on EPA Form 8700-22, and , if necessary, EPA Form 8700-22A, according to the instructions included in the appendix to 40 CFR Part 262 before the waste is transported off-site. (2) A generator shall designate on the manifest one facility which is pea111itted to handle the waste described on the manifest. (3) A generator may also designate on the manifest one altematc facility which is permitted to handle his waste if an emergency prevents delivery of the waste to the primmy designated facility. (4) A generator whose manifest for an interstate shipment has not been returned to the generator within the prescribed time (45 days) shall give notice of that to the State in which the designated facility is located, the State in which the shipment may have been delivered (or to the EPA in the case of an unauthorized State). and to the Department. (5) If the transporter is unable to deliver the hazardous waste to the designated f acility or the altemate facility, the generator shall either designate another facility or instruct the transporter to retum the waste. (6) Contiguous Property. (a) The requirements of this regulation and Regulation .05C(2) of this chapter do not apply 

### to the transport on a public or private right-of-way within or along the border of contiguous property under the control of the same person , even if this contiguous property is divided by a public or private right-of-way. (b) Notwithstanding COMAR 26.13.04

.01A(l), the generator or transporter shall comply with the requirements for transporters in COMAR 26.13.04.03 in the event of a discharge of hazardous waste on a public or private right-of-way .·

26.13.03 Page 2 

### Effective as of November I 2, 2010

# (

(. DISPOSAL OF CONTROI.I.ED IIAZAIWOUS SUBSTANCES

B. Manifest Printing Requirements for Reg.istrants. (I) (

**i~:ncral** Requirements. (a) In this section. the fi1llowing.tcnns have the meanings indicated: 26.1 :UIJ

. O

.J

(i) "Rcg.istrant" means a person that seeks approval to print. or have printed

. the manifest for usc or distribution: and 

### (iii "Approved registr:ull" means 

### a person that 

### has received aprroval fi ·om the 

### EPA Director of the Onicc 

### of Solid Waste to print. 

### or have printed. the mani fest fi.1r usc 

### m distribution. (b) A registrant may not print. or have printed

. the manifest for usc or distribution unless the registrant has received approval from the EPA Director of the Oflke of Solid Waste to do so.
. (c) An approved registrant is responsible for : ( i) Ensuring that the organizations idcnti lied in the registrant's approved application arc in compliance with the procedures described in the approved application: and (ii) Assigning manifest tracking numbers to its manifests. (d) The procedures the 

### EPA will follow in determining whether to grant approval to a registrant arc found in 

### 40 CFR *262.21(c) (c). (c) An approved registrant shall print the manifest and continuation sheet according to the: ( i) Registrant's application as approved under 

### 40 CFR *262.21 (c); (ii) Manifest specifications given in 

### 40 CFR *262.21 (f); and (iii) Paper type, parer weight. and ink color of the manifest instructions, and binding method of the registrant's approved forms. (2) Procedures for Becoming an Approved Registrant. (n) A registrant shall Sllbmit an initial application to become an approved registrant: (i) To the EPA Director of the Office of Solid Waste; and (ii) That contains the information specified in 

### 40 CFR §262.21 (b). (b) Following approval by the EPA of the initial application submitted under §B(2)(a) of this regulation , the registrant shall submit the information and sample manifests required by 

### 40 CFR §262.21 (d) to the EPA Director of the Office of Solid Waste. (c) As described in 

### 40 CFR §262 .2JU), a registrant may request that the EPA exempt the registrant from the requirement of *B(2)(b) of this regula tion to submit form samples. (d) The procedures the EPA uses 

### in designating a registrant to be an approved registrant are described in 

### 40 CFR §262.21(e). (3) Modifications or Changes After a Registrant has been Designated an Approved Registrant. (a) Updating oflnfonnation in the Initial Application to Become an Approved Registrant. (i) If 

### an approved registrant would like to update any of the information provided in the registrant's application approved under *B(2)(b) of thi s regulation, such as updating a company phone number or name of a contact person, the registrant shall revise the application and submit it to the EPA Director of the Office of Solid Waste , along with an indication or explanation of the update, as soon as practicable after the change occurs. (ii) The procedures 

### the EPA will follow in approving or denying the revision arc described in 

### 40 CFR §262.21 

### (h)( I). (b) New Tracking Number Suffix. (i) If an approved registrant would like a new tracking number suffix, the registrant shall submit a proposed suffix to the EPA Director of the Office of Solid Waste, along with the reason for requesting the new suffix. (ii) The procedures the EPA will follow in approving or denying the new suffix are described in 

### 40 CFR §262.21 (h)(2). 26.13.03 Page 3 Effective as ofNovember 12,2010DEI'ARTMENT OF TilE ENVIRONMENT :!(1.1.1.0.\.0.J 

### (c) Typcselling Instead of Using Electronic Files l(lr Printing. (i) If an approved registrant wants lo 

### print manifests or continuation sheets using typesetting instead of continuing to usc the clcclronic rile of the lcm11S 

### provided by the EPA. the registrant shall seck approval from EPA as described in 40 CFR *2(12.21(i). (iil Tht: registrant may not use or distribute the typeset forms until the EPA approves them. (d) Other Changes. An approved registranl shall I(JIJuw the procedures in 

### 40 CFR §262.21 (h)(3) if the registrant would like to change any of I

### he following a tier hav ing been designated as an approved registrant: (i) Papcr type; ( ii) J>upcr we ig h !; (iii ) In k co lor 

### o f t he manif es t in struction s; (iv) Bi ndi ng met hod of the man if es t or co nt inuation s heet ; or (v) Printing finn 

### that pri nts the manifes ts. (c) 

### As described in 40 

### CFR §262.2 1

### (i)

. a registrant may request that the EPA exempt the regis t rant from the requirement in 40 

### CFR §262.2 I

### (h )(3) to submit fo rm sa mp les w hen seeking approval for changes identified in §B (3)(d) ofth is regulation. (I) 

### A registrant may not usc or distribute revised manifests until the EPA approves the revised forms. (4) 

### Notification

- Duplicate Tracking Numbers. As soon as an approved registrant becomes aware that t he registrant has duplicated tracking numbers on any manifests that have been used or distributed to other parties, the registrant shall notify the EPA Office of Solid Waste by phone or email. 

### (5) Required Modification of Form. As provided in 

### 40 CFR §262

. 2 1{1), 

### t he E PA has the authority to require an approved registrant to make modifications if the EPA becomes aware that the approved paper type , paper weight, ink color of the instructions, or binding method of the registrant's form is unsatisfactory. (6) Suspension or Revocation of Printing Privileges. Using the procedures described in 

### 40 CFR §262.2l(m)(2), the EPA ., may suspend or revoke a registrant's printing privileges if the registrant: (a) Has used or distributed fOJms that deviate from the registrant's approved form samples in regard to paper type, paper weight, ink color of the instructions, or bindi ng met hod; or (b) Exhibits a continuing pattern of b ehavior in usi ng or distributing manifests that contain dup licat e manif est tracking numbers. 

### C. Obta ining Man ifes ts and lnfonna tion on Stat e Requ iremen ls. ( 1) 

### A generator may use manif es ts pri nt ed b y any source th a t h as received appro va l f rom EPA to print the manife st under the provis ions of 

### 40 CFR §262.21 (c ) and (e)

. (2) Examp les of e ntities t hat may be approved by the EPA to be a source of manifests include state agencies, commercial printers, hazardous waste generators, haz ar do us waste transporters, hazardous waste treatment, s torage, and disposa l facilities, and hazardous waste brokers or other p erson s w ho pr epare or arrange shipments of hazardous waste for t ransportation. (3) 

### The generator shall determine whether the generator state or the consignment state for a s hipment: (a) Regulates any additional wastes beyond those federally regulated as hazardous wastes under the states' authorized hazardous waste regulatOty programs; and (b) Requires the generator to submit any copies of the manifest to these s tates. 

### D. Number and Distribut i on of Copies. ( 1) 

### The manifest co nsists of six p r ep1intcd copies and the 

### additional number of photocopies needed so that copies can be distributed as described in §D(2) of this regulation. (2) Manifest copies shall be distributed as follows: (a) The generator shall retain one copy, 

### in accordance with Regulation .06A(I) of this chapter;

26.13.03 Page 4 Effective us ofNovember 

### t2, 2010DISPOSAL OF CONTROLLED I IAZAR DOUS SUBSTAN( 'ES 26. 1

**~.0 ,,().** 

**(** (h ) Each tran sporter shall re tain one copy in accordance with COMAR 26.1J

. 04

.0 2C. reproduci ng the preprinted f(1rm if' necess ary: (c) The designated f:Jci lity sha ll retain o ne copy in nccordnnce with COMAR 26.13.05.0513; (d) The designated facility shall f tliWnrd copies as indicated on the manifes t to the: ( i) ( iencrator: (ii) Depa rtment. if the generator or designated facility is located in Maryland. in accordance with COMAR 26.13.05.05B; (iii) Generator state. if the generator stale is 

### a slate o ther than Maryland and the generato r state requires the designated

**f~tcility** to subm it 

### a copy of I he manifest; and (iv) Consignment s tate, if the consignment state 

### is a s tate other than Maryland and the cons ignment state requires th e designated f;l(;ility lo subm it 

### a copy of the manifest; and (c) The generator. in accordance wi th *E(I) and (2) of this regulation: (i) Shall forward a legible photocopy of the manifest to the consignment state if the consignment state is other than Maryland and the consignment state requires the generator to s ubmit a copy of the manifest; and (ii) Is not required to submit 

### a copy of the man if est to the Department. E. Usc of the Manifest. (I) The generator shall:

(a) Sign the manif est cer tification by hand ; (b) Obtain the handwritten s ignature of the initial transporter and date of acceptanc e o n the manifest: and (c) Retain one copy. in accord ance with R egulation .06A( I) of this chapter. (2} The generator shall fo t ward a legible photocopy of the manifest to the consignment sta te if the cons ignment state: (a) I s a state o ther than Maryland; and (b) Requires the generator to submit a copy of the manifest. (3) The generator shall give the transporter the remaining copies of the manifest. (4} For s h i p ment of hazardous waste within the Un ited States solely by water (bu lk sh ipments o nly ), the generator sha ll send three copies of the manifest dated and signed 

### in accordance with this regulation to the owner or operator of t he designated fac ility or the last water (bulk shipme nt) transporter to hand l e the waste in the United S tates if exported by water. Copies of the m an if es t arc not required for each transporter

. (5) For rail shipments of hazardous waste within the United States whi c h originate at the si te of generation, the generator s hall send at least three copies of the manifest dated and signed in accordance with this section to the: (a) Next n onrailtransportcr, if any; (b) Designated facili ty if transported solely by rail; or (c) Last rail transporter to handle the waste in the United States i f exported by rail. (6} For shipments of hazardous waste to a designated facility in an authorized state which has not y et obtained authorization to regulate that particular waste as hazardous. the generator shall assure th at: (a} The owner or operator of the designated facility ag rees to sign and retum the mani fes t to the generator ; 

### and (b) Any out-of-State tran s porter sig n s and forward s the manifes t to the des ignated faci li ty. 

### F. Waste Minimizat ion Certification. (I) For the purposes of the certifieatjon in §F(2) of this regulation:

(a) "Large quantity generator" means a person that generates, in a calendar month: (i) 1,000 kilograms or more of hazardous waste; or 26.13.03 Page 5 Effective as ofNovember 12, 20I0DEPARTMEN T OF TilE ENVIRONMENT 26. l .Hl3 .0:\ (ii) I kilogram or more ol';lt;ute hazardous waste: and (b) "Small quantity generator" means 

### a person that generales, in a calendar month: (i) l .ess than 

### 1.000 kilograms 

# or huzardous waste; and ( ii l l. ess than I kilogram ol' acute hazardou s waste. 

### C:!) A genera tor that initia tes 

### a s hipment of hazardous was t e and that is r equired to prepare a manifest 

### in aceord nnce with 

# *" of' this regulation shall certify t<l unc 

# or the following statements in Ite m 15 of the uniform hazardous waste manifest: (a) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree 

### I have determined to be economically practicable and 

### I have selected the practicable method of treatment. storage . or disposal currently available to me which minimizes the presen t and fut ure threat to human health and the environment.": or 

### (bl "I am a s mall qmmti ty generator

. 

### I have ma de a good faith effort to minimize my was te generation and s elect the best waste managemen t method that is ava ilable to me and that I can af ford." 

### .05 Prctran s port Requirement s . A. Packaging. Heforc transporting hazardous waste or offering hazardous waste for transportation off -site. a generator shall pnckage the waste in accordance with the applicable Department of T ransportatio n regulation s on packaging under 4 9 CFR 173. 178, and 179.

B

. Labe ling. Before transporting o r offering hazardou s waste for tran sporta ti o n off-s ite , a generator shall label each package in ac cordance with the applicable Department of Tran s po rtation regulations on hazardous materials, under 49 C FR 172. 

### C. Mark ing. (I) Before transporting or offering hazardous waste for transportation off

- site, a generator shall mark each package of hazardous waste in accordance w i th the applicab le D epartment of Transportati on regulations o n hazardous m ateri als under 49 CFR 172

. 

## "

Agency Note: Sec CO MAR 26

. I 3.04.02A(5) or (6) for special provisions lor rail or water (bulk shipment) transporter s who delivc ( J hazardous waste by rnil or water to the designated facility. <J:....II' (2) Befor e transport ing hazardous waste or offerin g hazardous waste for transportation off -site, a generator shall mark each container of 119 gallo ns or less used in the transportation with the followin g word s and infom1ation displayed in accord ance with the requirements of49 CFR § 172.304: "HAZARDOUS WASTE-Federal Law P rohibits Improper D isposal. If found, con tact the nearest police or public safety aut hority or the U.S. Environmental Protection Agency. Generator' s Name and Address

- ---- --- -- -- - - Generator' s EPA Identifi cation Number

______ ___ _ Mani fest Tracking Numb er -- ---- --- ----- -- " D

. Placarding. Before trans po 1 1ing hazardous waste or offer ing hazardous was te for transportation off -s ite, a generator shall placard or offer the initial transporter the appropr iate placards according to U.S. De pattm e nt of T ransportation regulations for hazardous materials under 49 CFR Part 172, Subpart F. E. Accumul atio n Time

. ( l ) A generator may accumulate hazardo us waste o n-site without a permit or without holding interim status for 90 days or less if: (a) The waste is shipped off-site wit hin 90 days to a permitted facility or pl aced in an on- site pem1itted facility ; (b) The generator accumulates the waste: (i) ln containers , (ii) In tanks , (iii) On drip pads, if the waste is drippage from a wood-preserving process, precipitation, or surface water run -on, or (iv ) ln a containment building; 26

. 13.03 Page 6 Effective as ofNovember 12, 20I0

# G DISPOSAL OF CONTROI.I.ED I IAZA I WOliS SU B STAN C ES ::!6.l.'.<U.05 (c.: 

### l Containers used to accumulate the waste meet the standards 

### of §A 

### of this regulati on ; 

### (d) The

**~enerator** 

### accumulat es the waste in con t ai ners in ac:c:ordancc with l'OMAR 

### 26. I

**~.05 09**  **:** (c) 

### The date upon whic:h each period of accumulation hegins is clearly marked and visible for inspection on each contai ner: (I) 

### Each contniner is: (i) Properl y l abeled according to **Band(' of this regulation. and (i i ) Labeled or marked clearly wi t h t he words "Hazardous Waste", while being accumulated on s ite. (g) 

### The generator co mpli es with the requirements for owners or operators in COMA R 26.13 .05.02G, 

### .03, and .04; (h) T he generator, in accumulating waste in tanks: (i) Complies with the requir e ments ofCOMAR 26. 13

. 05

. 10A and 

### C

- E,

. 10-1,

. 10-2,

. 10-36

.. J0-6A, and 

### COMAR 26.1 3 .06.1 RD( I)

- (3 ); 

### (i i ) Complies with the requirements of 

### CO MAR 26.13.05.1 0-4, except that the generator may not seck a variance 

### from the r eq ui rements of CO 

### MAR 26.13.05

. 1 0-4 under the provisions of CO MAR 26.13.05.1 0-5: (iii) Inspects overfill control s at least once each operating d ay: (iv) Clearly marks or labels the tanks with the words "Hazardous W aste '' , while waste is being accumulated in the tanks; and (v} Need not obta in approval by the Sccreta1y of the written assessment required by COM AR 26.13

.05.1 0-36 before managing hazardous waste in the tank system; (i) The generator, if accumulating hazardous was te in tanks, s ubmits the following information to the Sccr c taty for each tank exemp ted from permit requirements under this secti on: (i) Date of in stallatio n of the tank, or, if the dat e of in stallation is unknown. the age of the fac ili ty; (ii) Tank capacity; (iii) Sccondaty containment capa city; (iv) Whether the tank is an above-ground tank, on-ground tank , in-ground tan k, or underground tank; (v) For underground tanks, whether the tank can be entered for inspection; and (vi) Waste code of each waste managed in the tank; (j) 

### The genera t or provides the information r equ ired by §E( 

### I )(i) of this regul a tion by the following deadlines: (i) For existing tanks , by January 

### I. 1994 ; (ii) For new tanks, before the tank is used to manag e hazardous waste; (k} The generator maintains an inspection log or sum.maty in accordance with the following: (i ) The lo g or summat y docu ments inspections pcrfonned in accordance with 

### §E( l )(d) and (h) of this regulation; (ii) The Jo g or sununary inc lude s the date and time of each inspection, the name of the inspector, 

### a notatio n of the observations made, and the date and nature of any repairs made or other remedial actions taken; and (iii) The generator keep s the log on file for a minimum o f 3 years from the date of in spection ; (I) 

### The generator, if accumulating hazardous waste on drip pads: (i) Accumulates the waste in accordance with COMAR 26.1 3. 05.17-1-

. 17

- 4; (ii) Maintain s, at the facility, a description of procedures that are followed to ens ure th at all wastes are removed from the drip pad, the sump, and the collection system at least once e very 90 days; (ii i) Maintain s docu mentation at the facility, for each waste removal, of the date, the rime, and the qu anti ty of waste
remo ved from the dlip pad, the sump, and the collection s ystem; and

26.1 3.03 Page 7 Effective as 

### ofNovember 12. 

### 20 I0DEPARTMENT OF Tl IE ENVIRONMENT

**26.l.~.OJ.O:'** 

### (iv) Notif ie s the Secretary of the intent to close a drip pad at lcast45 d ays before closure begins; (m) The ge nerator

. ir accumulating waste in a containment building: (i 

### l ( ·omplies with the requ ir ements of CO

### MAR 26.13.05.1 8 .18-3; and (iil lleli.Jrc accumulating hazardous waste in the unit. obtain s and places in the facility's operating r ecord a certification 

### hy a qu;llificd r e!!istcred prorcssional engineer that the con tainment building des ign meets the requirements of COMA R 26.1 J.O).I X-I: 

### and (n) The generato r maintains r ecords at the facility documenting. that hazardous was te is managed for no longer than 90 days in contaimm:n t bu il dings. with the records consisti ng of either: (i) Documentation that the containment building is emptied at least once cvery.90 days; or (ii) A written de scription of the p r ocedures that arc followed to ensure that each waste volume remain s in the unit for no more than 90 days, a wrillen description of the waste generation and management practices at the fac ility that shows the s e practices are consistent with respecting the 90-day limit. and do cumentation demonstrating that the procedures have been lollowed. (2) A gcnerntor who accumulates hazardous waste is an operator of a storage facility and is subject to the requirements of C'OMAR 26.13. 05 or 23.13

.06. unless the hazardous waste: (a) Is accumulated for 90 days or less: or (b) Accumu lated: (i) Is Je ss than 500 kilograms ; (ii) Contains less than 1 kilogram of acute hazardous waste; (iii) Is accumulated for 180 days or less from the date of initial generation or accumu lation; and (iv) Is generated by a person w ho generates less than 1 , 000 kilograms of hazardous was t e in a calendar month. (3) Satellite Accumulation. A generator may accumulate as much as 55 gallons of hazardous waste or I quart of acutely

.... hazardous waste listed in COMAR 26.13.02. 19E in containers 

### nt or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit and w ithout com plying with §E( I) provided the generator: (a) Complies with COMAR 26.13.05

.09B

- D; and (b) Ma rks his containers either with the words "Hazardous Waste" or with other words that identify the conten ts of the containers. (4) Retumed, Rejected Loads. (a) A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment or part of that shipment back as a rejected load or residue in accordance with the manifest discrepancy provision s of COMAR 26.13.05.05C, COMAR 26.13.06.05A , 40 CFR §264.72, 40 CFR §265

.72. or ana logous regu lati ons of the designated facility's state, may accumulate the rctumed waste onsite in accordance with §E( I ) and (2) of this regula tion. (b) Upon receipt ofa shipment returned in accordance with §E(4)(a) of this regulation, the generator shall: (i) Sign Item 18c of the manifest, if th e transporter retumed the shipment using the original manifest; or (ii) Sign Item 20 of the manifest, if the transporter retumed the shipment using a new manifest. (5) A generator who accumulates hazardous waste under the provisions of §E(l) of this regulation is exempt from the following requ irements with respec t to that waste : ,. · · ( a) CO MAR 26.13.06.07A; (b) COMAR 26.13 .06.08-.09: and (c) COMAR26.13 .06 .l l

-- .l6.

Effective as ofNovember 12,2010 26.13.03 Page 8

# c DISI'OS/\1. OF ( "ONTROL.l.ED 11/\Z/\RDOUS SllllST/\N( "ES 26.13.0.1

. 0(>



### . II(

, Rccm·d Keeping and ncporting. A

. Record K eeping. (I ) A generator shall keep a copy of each man ilest signed in accorda nce with Regulation .04A( I ) of this chapter for 

### J years or until he receives a signed copy from the designated faci lity which recei ved the waste. This signed copy shall be retained as a record for at least 3 years lhml the date the waste was ncccpted by the initial transporter

. (2) A gcncrator shall keep a copy of cach annual report or biennial report required undcr §B of this regul ation. and each exception report requ ir ed under 

# *(' or this regulation, li.)r a period of at least 3 years from I

### he due date of the reporl. or the date the rcporl was submitted. whichever is Inter. (3} A generator s hall keep record s of any test results. waste analyses. or other determinations made in accordance with Regulation .02 of this chapter for at least 3 years from the date that lhc waste was last sent to on-site or off-site treatment, storage. or d isposa 

### I. (4) The periods of retention rcfcJTed to in this section arc extended automatically during the course of any unresolved enforccmenl action regarding the regulaled ac tivity or as requested by the Sccrcta1y. R. Annual or Biennial Reporting. (I) A person who generates hazardous waste and ships it off-site to a facility within the United States shall: (a) Periodically , submit reporls to the Sccretmy concerning hazardous waste generated during the preceding calendar year on EPA or State foml 3700-13A , or on an alternate fonn provided by the Sccrctaty; (b) Submit the rcporls required by §B( I )(a) of this regulation with the follow ing frequency: (i) Annually, for reportin g periods through December 3 I, 1995, <1nd (ii) Biennially , for r eporting periods beginning Janua1y I, 1997; (c) Subm it the reports required by §B( I )(a) of this regul ation not lat er than: (i) March I of the following year for rep orting periods through December 31, 1995; and (ii) March I of each even numbered year for the preceding calendar year for reporting periods beginning January I. 1997;and (d) Assure that lhc reports required by §B( I )(a) of this regulation contain, at a minimum, the follow ing information: (i) The EPA identification number, name, and address of the generator; (ii) The calendar year covered by the reporl; (iii) The EPA identification number. name, and address for each off-site treatment, storage, or disposal facility in the United States to which waste was shipped during the year; (iv) The name and EPA identification number of each transporter used during the reporting year for s hipments to a treatment, storage, or disposal facility within the United States; (v) For shipments of hazardous waste to a treatment, storage, or disposal facility within the United States, the d escri ption , the EPA or State hazardous waste number from COMAR 26.13 .02, the DOT hazard class, and the quantity of each hazardous waste listed by the EPA identification number of each off-site facility to which waste was shipped; (vi) A description of the efforts undertaken during the year to reduce the volume and toxicit y ofwaste generated; (vii) Except as provided in 

### §84 of !his r egulation, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years ; and (viii) The certification on EPA or State Fom1 8700-13A signed by the generator or authorized representative. (2) A generator who treats, store s, or disposes of hazardous waste on-site shall submit an annual or biennial report covering those wastes in accordance with the provisions ofCOMAR 26.13.05 .05F , 26.13.06.05A and B(3) and (4), 26.l3.07.15E(3) , and 26.13 .10.

26.13.03 Page 9 Effective as ofNovember 12,2010DEPARTMENT OF TilE ENVIRONMENT


### (."') lnl(wmation on exports of hazardous waste is not required to be included in the report required by §B(I) and (2) of 

### th is regulation. In stead, exporters of' 

### hnl.urdous waste shall comply with the annual reporting r equ irements of Regulation .(17

- 2<. · or this dwpter. (4) 

### lnfi.mnation required by §B( I 

### )(d)(vii) of this regulation on changes in volume and toxicity of waste actually achieved in
comparison to 

### years before 19H4 

### is only required to the extent that this information is available. ( ·. Exception Reporting

. (I) A 

### generator who docs not receive a copy of the manifest with the handwritten signature 

### of the owner or operator 

### or the designated litcility within 

### 35 days of the date the waste was accepted by the initial transporter shall contact the transporter and/or tlw owner or operator of the designated facility to detcm1inc the status of the hazardous waste. (2) A 

### generator shall submit an exception report to the Secretary if the generator has not received a copy of the manifest with the handwr itten signature of the owner or operator 

### of tl1c designated facility within 45 days of the date the waste was accepted by the initi al tran s porter and include in the exception report the following: (a) A legible copy of the manifest for which the generator docs not have confirmation of delivcty: (b) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts. (3) 

### If the des ignated facility is located out-of-State in a state which administers the federal program, the generator who docs not receive a copy of the manifest as desctibed in §C( 

### I) of this regulation. shall submit an exception report to that state's approving authority as specified in §C(2) of this regulation. If that state's program is administered by the EPA, the Report shall 

### be forwarded to the EPA Regional Administrator for the region in which the designated faci lity is located. 

### D. Additional Reporting. The Secretary , as he deems

**necessa~y.** 

### may require generators to furnish additional reports concerni ng the quantitie s and disposition of wastes identified or listed in COMAR 26. 13.02

.

.07 Exports of Hazardous Waste- Gen er al.

A. 

### Applicability. 

### (. (I) This regulation and Regulations .07-1-.07-2 of this chapter establish requirements applicable to exports of hazardous waste, except for hazardous wastes identified in: (a) §A( 

### 4) of this regulation ; and (b) Regulation .07-5 of this chapter. (2) A primaty exporter of hazardous waste shall comply with the special requir ements of this regulation and Regulations .07

- 1 and .07-2 of this chapter. (3) A transporter transporting hazardous waste for export shall comply with applicable requirements of COMAR 26.13.04. (4) Waste Excluded from These Requirements. (a) Wastes that arc regulated as hazardous by the State but not by the U.S. EPA are excluded from the requirements of this regulation and Regulations

.07-1-.07-3 of this chapter. (b) The waste codes for the wastes referred to in §A(4)(a) of this regulation. and the sections ofCOMAR where the waste codes are assigned are: (i) K991-K999: COMAR26.l3.o2.17; (ii) MDOJ-MD03: COMAR 26.13.02.18; (iii) MXOI: COMAR 26.l3.02. 19D; (iv) MOOJ: COMAR 26.13. 02.19f; and (v) MTOl: COMAR 26.13.02.19H. B. General Requirements. (I) 

### Exports of hazardous waste are prohibited unless the exports are in compliance with this regulation, Regulations .07-1 and .07-2 of this chapter, and COMAR 26.13.04. 26.13.03 Page 10 Effective as ofNovember 12 , 2010DISI'tlSAI. (IF ('(lNTRO I.I .J:D I IAZARI>OUS StlllSTAN('ES

(::!) 

### A person may not export h<mlruuus wasle unless the f(llluwing conditions arc met: (a) The primary exporter has s uhmillcd a notification in accoruance wilh Regulation .07-1 or this chapter: (b) 

### Thc receiving. country has conscnlcd lo ac<.:ept the hazardous waste : 26.13.0].07



### (c) A copy or the EPA Acknowledgement ofTonsent f(lr lhe shipment accompanies the ha;r.ardous waste shipment: (d) Excepl lor 

### hazardous wasle shipments cxporlcd by mil 

### or bulk s hipmcnls ex ported by water. 

### a copy of the EPA Acknowledgement or Consent is attached to the manilcst: (c) For bulk shipm ents exported by water, a 

### copy of 

### thc EPA Acknowledgement 

# or Consent is attached to the shipping paper; <md (f) 

### The hazardous waste shipment conforms to the terms of the receiving country's written consent, as reflected in the EPA Acknowl edgement or Consent. (3) As specified in 40 C' FR

**~262 .53**  **(e)** 

### and (f). 

### the U.S. 

### EPA will handl e:

(a) Processing ofthe notification of intent to expor t required by *B(2) of this regulation: and (b) 

### Conscn l or objections by receiving countries or transit countries, including: (i) Providing the primary exporter with an EPA 

### Acknowledgement of Consent. and (ii) Notifying the primary exporter of a receiving country's objections to a shipment. a country's withdrawal of a prior consent for the sh ipment, or any respon ses from tran s it countries. ( 4) If 

### more than one person qualifies as a primary exporter for a shipment of hazardous waste:

(a) Onl y o ne of the person s may submit the notification of intent to export required by Regulation .07-1 of this chapter and the annual report required by Regulation .07-28 of this chapter on behalf of all of the primary exporters: (b) 

### The primmy exporters shall select one person themselves who will make the submissions described in §B(4)(a) of th is regulation on behalf of the others; and (c) 

### The person who makes the submissions described in §B(4)(a) of this regu lation shall provide copies to the other ptimary exporters on whose behalf the submissions arc being made

.

.07

- t Export Notification. A. 

### Notification ofI ntent to Export. (I) 

### A prima1y exporter shall not ify the Sccreta1y and the U.S. EPA in writing of the intention to export hazardous waste before the waste is scheduled to leave the United States. (2) A primary exporter shall submit a complete notific ation of intent to export not less than 60 

### days before the initial shipment is expected to be shipped off-site. (3) The notification required by §A(I) of this r egulation may cover export activities ex tending over a petiod of 

### I2 months. ( 4) 

### A primary exporter shall sign the notification intent to export. (5) 

### A primary export er shall include in the notification ofintent to export: (a) The name, mai ling address, t elephone number, and EPA identific ation number ofthe primary exporter; and (b) The following information, by consignee, for each hazardous waste type:

(i) A description of the hazardous waste and the EPA hazardous waste number from CO MAR 

### 26.13.02.1 0-. 

### I 9, and for each hazardous waste, the U.S. 

### DOT proper shipping name, hazard class, and identification number as identified in 49 CFR 

### 171

- 1 77;(ii) The estimated frequency or rate at which the waste is to be exported and the period of time over which the waste is t o be exported; (iii) The estimnted total quantity of the hazardous waste in un its as specified in the instructions to the Uniform Hazardous Waste Manifest Fom1, EPA fonn numb er 8700-22; (iv) All points of entry to and departure from each foreign counlly through which the hazardous waste will pass; 26.13.03 Pagel I Effective as ofNovember 12, 2010DEPARTMENT OF TilE ENVIRONMENT 2(,, I**:\.0.~.07** (v} A description or the mode of transportation by which each shipment of hazardous waste will be transported. such as air. highway

. rail, or water, and the type of vessel in which the hazardous waste is contained, sud1 as a drum, box

. or tank; (vi l A description 

# or the manner in which the hazardous waste will be treated, stored. or disposed of in the receiving country, such as land or ocean incineration. other land disposal, ocean dumping, or recycling; (vii) The name and site address of the consignee and any alternate consignee; and (viii) The name or any transit countries through which the hazardous waste will be sent. and a description of the approximate length of time the hazardous waste will remain in each country and the nature of its handling while there. (6) Submission of Notification of Intent to Export. A primary exporter shall: (a) Submit copies of the notification of intent to export to the Secretary and to the U.S. Environmental Protection Agency; (h) In submitting the notitication of intent to export to the Secretary, indicate in a cover letter that the notification is being submitted in accordance with the requirements of COMAR 26.13.02.07-1; (c) Prominently display on the ti·ont of the envelope used to submit the report to the U.S. Environmental Protection Agency the message: "Attention: Notification oflntcnt to Export"; and (d) Submit the copy of the notification of intent to export to the U.S. EPA as instructed in 40 CFR §262.53(b). (7) Upon request by EPA, a primary exporter shall furnish the EPA with any additional infonnation requested by a receiving count1y to respond to a notification of intent to export. B. Rcnotification. ( l) A primary exporter shall provide the Secreta1y and the EPA with a written rcnotification when a condition specified in the original notification of intent to export changes, unless the change concerns one of the following: (a) The telephone number of the prin1a1y exporter: "

..., (b) The mode of transportation or the type of containers to be used, as specified under §A(5)(b)(v) of this regulation; or 

## jJ (c) A decrease in the quantity of hazardous waste expected to be exported, as specified under §A(5)(b)(iii) of this regulation. (2) Except as provided in §B(3) of this regulation , a person required under §B( I) of this regulation to submit a renotifieation of the intent to export hazardous waste may not originate an export shipment of hazardous waste until: (a) The receiving countty has consented to the changes; and (b) The primmy exporter has received an EPA Acknowledgement of Consent reflecting the receiving eount1y's consent to the changes. (3) The prima1y exporter need not comply with the requirements of §B(2) of this regulation for the following changes to the original notification of intent to export: (a) Changes to the points of ently to or departure from each foreign country in accordance with §A(5)(b)(iv) of this regulation: or (b) Changes in the identity of transit countries and the length of time the hazardous waste will remain in the countries in accordance with §A(5)(b)(viii) of this regulation

.

. 07-2 

### Exports of Hazardous Waste- Manifesting, Reporting, and Record Keeping.

A. Special Manifest Requirements. A primary exporter as defined in CO MAR 26.13.0 1.03, or other person defined as a prin1a1y exporter under 40 CFR §262.51 or an equivalent provision of another state's regulations shall comply with the manifest requirements ofRegulation .04A. D, and E of this chapter, except that the primary expm1er: ( 1) Shall enter the name and site address of the consignee, in place of the name, address, and EPA identification number of the designated pem1itted facility; (2) May enter the name and site address of any alternate consignee 

### in place of the name , site address, and EPA identification number of an altemate pem1itted facility ; 26

. 13.03 Page 12 Effective as ofNovember 12,2010DISPOSAL OF ( ' ONTIWLI.EI> IIAZAIO>OLJS SUBST J\NCES 26.13.0.".07 (3) Shall. in I he lnlernational Shipmcnls hlod; of Ihe manili.:st. check the export box and enter the name of the 

### city and state where the point of' exit f'rom the United States is locat ed ; (4) Shall add the statement "and conl(m1 l s to IIH.· lerms of' the J\H aehed EPA Acknowledgement of Consent" to the lirsl senlcnce of' I he ccrli fica lion in ll cm I(J of' Ihe llni f(mn lla zardmts Waste Manili.:st Form ; (5) May ohlain the manil'cst from any s our ce that 

### is registered with the U.S. EPA as a supplier of manifests, such as a state. wnslc handkr. or co mmcn .: ial f(mn s printer ; ( 6) Shall require the consignee t o: (a) Conlirm in wriling that the hazardous waste was delivered tu the con signee' s facility , and (b) Describe any si gnifi cant di sc repancie s . as identifi ed in COMAR 26 .1 3.05.05(', between the manifest and the shipment: (7) May acc ept a copy of the manifest signed by t he consignee t o sat isfy the requirement of § A (6)(a) of thi s regul at ion; (X) Instead of complying with the requirements of CO MAR 26.13.03.04A(5), shall

. if a shipment cannot be delivered to the designated or alternate consignee: (a ) Renotify the EPA and the Secretary of a change in the conditions of the original notification to allow shipment to a new consignee in nccordunce with Regulation .07- 1 B of this chapter, and obtain an EPA Acknowledgement of Consent before delivery, or (b) Instruct the transporl cr to either return the waste to the primary exporter in the United States or deliver the waste to another de s ignated facility within the Uniled States, and instruct the transporter to revise the manifest in ac cordance with th e primary exporter's ins t ructions; (9) S hall do the foll ow ing with the EPA Acknowledgement of Con sent: (a) If the ex port shipme nt is by rail. provide a copy to the transporter, (b) If the export shipment is a bulk shipment by water, attach a copy to the shipping paper, or (c) In all cases other than tho s e described in §A(9)(a) or (b) of t hi s regulation, attach a copy to the manif est; (I 0) Shall provide the transporter with an additional copy of the manifest to be delivered to the U. S. Customs official at the point of departure from the United States in accordance with CO MAR 26

. 13

. 04 .02 A(7)(c). B. Exception Reports

. Instead of complying wiih the requirements of Regulation .06C of this chapt er conceming exception reporting , a primary exporter shall file an exception report with the EPA and the Secrctaty, if: (I) The primaty exporter has not received a copy of the manifest signed by the transporter stating the date and place of dcpatture from the United States within 45 days from the date it was accepted by the initial transp ort er : (2) The primaty exporter has not, within 90 days from the date the waste was accepted by the initial tran s por ter, received written confim1ation from rhe con s ignee that the h azardous waste was received; or (3) The waste is rctmned t o the Unit ed States. 

### C. Annual Reports. (I) A primary exporter of hazardous waste shall fil e with the EPA and the Secretaty not later th an March I of each year, a report summarizing the types. quantities, frequency of sh ipment, and ultimate d es tination of all hazardous waste export ed by the primary exporter during the previou s calendar year. (2) The annual r eports required b y §C(l ) of this regulation sha ll include the following: (a) The EPA identification number, name. and mailing and site address of the exporter: (b) The calendar year covered by the re por t; (c) The name and s ite address ofeach consignee; (d) By cons ignee, f or each hazardous waste exported: (i) A des cription ofthe hazardous wast e; 26.13.03 Pag e 13 Effect ive as ofNovember 12, 2010DEPARTMENT OF Tl IE ENVIRONMENT 

### 2<•. 

## t.l.o:un (iiI The EPA

**hal'~trdous** waste number ti·om ('OMJ\R 26.13.0:!.1 0 .19; (iii) The DOT hazard class; (iv) The name and, if appli cab le. the U .S. EPJ\ identifi cation numb er lor each transporter used; (v) The IOtal amount ofwasfe shipped; and (vi) The number 

# or shipments 

# ror each noli lic.:ation made in ac.:cord:mcc with Regulation .07-1 A of this chapter; and (c) A c.:crti lic.:ation signed by the primary exporter which s tates: "I certify under penalty of law that I have personally exam ined and am familiar with the information submitted in this and all attached documents. and that based on my inquity of those individuals immediately responsible for obtaining the informat ion, I believe that the submiucd information is true. accurntc. and comp l ete. I am aware that there are significant penalties l(lr ::;ubmittin g li1lse information including the possibility of line and imprisonment." (3) Waste Minimization. (a) Except as provided in

**~C(3)(b)** of this regulation, a person who exports 1 ,000 kilograms or more of hazardous waste in a calendar month shall include. in even numbered years, the following information with the report required by this sect ion : ( i) A description of the efforts undertaken d uring the year to reduc e the volume and toxicity of waste generated; and (ii) Except as provided in §C(3)(c) of this regulation, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years. (bl J\ person need not include the information required by §C(3)(a) of this regulation if the infonnation has been provided as part of the report required by Regulation .06B of thi s chapter. (c) The information required by §C(3)(a)(ii) of this regulation on changes in volume and toxicity of waste actually achieved in comparison to years before 

### 1984 is only required to the extent that this infom1ation is available. (4) The pri maty exporter shall: (a) Submit the report required by this section: (i) To the Secretaty; and (ii) As instructed in 40 CFR §262.56(b) , to the U.S. EPA; and (b) Note, in a cover letter accompanying the subm ission to the Seerctaty requir ed by §C(4)(a)(i) of this regulation, that the report should be f01warded to the program within the Depa t 1ment that is responsible for oversight of hazardous waste management. D. Record Keep ing

. (I) A primary exporter shall keep a copy of: (a) The notification of intent to export tiled in accordance with Regulation .07-1 of this chapter for a period of 3 years from the date the hazardous waste was accepted by the initial transporter; (b) The EPA Acknowledgement of Consent for a period of 3 years from the date the hazardou s waste was accepted by the initial transporter; (c) Each confirmation of delivery of hazardous waste from the cons ignee for a petiod of 3 years from the date the hazardous waste was accepted by the initial transporter; and (d) The ammal r eport required in §C of this regulation for a period of3 years from the date the report was due. (2) A period of retention required in §D( I) of this regulation is extended automatically for any unresolved enforcement actions regarding regulated activity, or as requested by the Secretary or the U.S. Environmental Protection Agency. E. Transporters' Respon s ibilities Conceming EPA Acknowledgement of Consent. A transporter of a shipment of hazardous waste destined for export shall assure th at the EPA Acknowledgement of Con sent accompanies the shipment.

26.13.03 Page 14 Effective as of November I 2. 20I 0

# 0 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES 26.13.03.07 .07-3 Imports of Hazardous Waste.

A. A perso n who imports hazardous waste from a foreign country into the State shall comply with the requirements of this chapter and the spec ific requirements of this regulat ion. B. When importing hazardous waste, a person shall meet all requirements of Regulation .04A ofthis chapter for the manifest, except that: (1) In pl ace of the generator's name, address, and EPA identification numb er, the person shall use the name and address of the foreign generator and the importer's name, address, and EPA identification number; (2) In place of the generator's signature on the certification statement, the U.S. importer or the U.S. importer's agent shall sign and date the certification and obtain the signature of the initial transporter; (3) In the International Shipments block ofthe manifest, the importer shall check the import box and enter the name ofthe city and state where the point ofentry into the United States is located; and (4) The importer shall provide the transporter with an additional copy of the manifest to be submitted by the rec eiving facility to the U.S. EPA in accordance with COMAR 26.13.05.05B(l)(g) and 26

. 13

.06.05A.

C. A person who imports hazardous waste may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests, such as a state, waste handler, or commercial forms printer

.

.07-4 Farmers.

A fanner disposing of waste pesticides from the fanner's own us e whi c h are hazardou s wastes is not required to comply with the standards of this chapter or other standards 

### in COMAR 26.13.05, 26.13.06, or 26 .1 3.07 fo r those wastes provided the farmer triple rinses each emptied pesticide container in accordance with COMAR 26.13.02.078(3) and disposes of the pesticide residues on the farmer's own farm in a manner consist ent with disposal instructions on the pesticide label. .07-5 International Agreements Concemillg Shipments of Hazardous Waste.

A. Applicab ility. This regulation applies to any person who exports or imports hazardous waste that is:

( 1) Subject to:

(a) Manifest requirements ofCOMAR 26.13.03.04 or 26.13.05.05; (b) Federal manifest requirements of40 CFR 262; (c) Universal waste management standards ofCOMAR 26.13.10.06-.25; or (d) Universal waste management standards of40 CFR 273; (2) Regulated as a hazardous waste by:

(a) Both the State and the U.S. EPA; or (b) The U.S

. EPA under the authority ofthe Hazardous and Solid Waste Amendments of 1984; {3) Shipped to or from designated member countries of the Organization for Econo mi c Cooperation and Development (OECD) as defined in 

### §C(l) ofthis regulation; and (4) Imported or exported for purposes ofrecovery. B. For persons identified in §A ofthis regulation, the requirements of Regulations

. 07

- .07-3 of this chapter do not app ly to exports or imports ofthe wastes identified 

### in §A(lH4) ofthis regulation.

C

. For the purposes ofthis regulation :

(1) The designated OECD countries are Australia, Austria, Belgium, Denmark, Finland, France, Germany , Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States; and (2) Canada and Mexico are considered OECD member countries only for the purpose oftransit.

26.13.03 

### Page IS Effective 

### as ofNovembcr l2, 2010

### DEPARTMENT OF Tim 

### ENVIRONMENT 26.13.03.07 D. A person remains subject to the requirements of Regulati(!ns .07-.07-3 of this chapter if the person exports hazardous waste to or imports hazardous waste from: 

### (I) A designated OECD member CO\Ditry for purposes other than recovery, such as incineration or disposal; (2) Mexico, for any purpose; or (3) Canada, for any purpose. 

### E. A person, including a notifier, consignee, or recovery facility operator, who mixes two or more wastes, including hazardous and nonhazardous wastes, or otherwise subjects two or more wastes, Including hazardous and nonhazardous wastes, to physical or chemical transformation operations, and the.reby creates a new hazardous 

### waste: (1) Becomes a hazardous waste generator; (2) Assumes all subsequent generator duties under CO MAR 26.13.03 and RCRA; and (3) Assumes any notifier duties , ifapplicable, under this regulation. 

### F. Persons identified in §A ofthis regulation shall: (1) Comply with the requirements of 40 CFR §§262

. 81-262.89, which are incorporated by reference in COMAR 26.13.01.05B(I)(d); (2) Provide the Secretary with copies ofnotifications and reports required by:

(a) 40 CFR §262.83(b)(l)(i); (b) 40 CFR §262.83(b)(2)(i); (c) 40 CFR §262.84(e); and (d) 40 CFR §262.87; 

# 0

(3) Provide the Secretary with the copies of notifications and reports required by §F(2) of this regulation by the deadline associated with submission ofthe information to the U.S. EPA; and ( (4) Note, in a cover letter accompanying the submission to the Secretary required by §F(2) of this regulation, that the notification or report should be forwarded to the program within the Department that is responsible for oversight of hazardous waste management. Administrative History
Effective dote:

Regulations

.01-.07 adopted as an emergency provision effective November 18, 1980 (7:25 Md

. R. S-1); adopted pennanenlly effective April 3, 1981 (8 :7 Md. R. 642) Regulations

. 01; .04A, D;

.OSD, E;

. 078 amended effective January 18, 1982 (9 : 1 Md. R 20) Regulat ions .018; .028;

. 04A, B, D;

.OSE; .06A-C; and

.07A amended, and

.010 and .04E adopced effective July 30, 1984 ( II:I S Md

. R 1330) Regulations

.OlE and .OSE amended effecti ve Februazy 13, 1984 (11:3 Md. R. 202) Regulations

. 0 IF, .040, .06C, and .07A amended effective January 31, 1983 (10:2 Md

. R 110)

' Regulation

.OSE amended effective August 12, 1985 (12: 16 Md. R. 1607) >-- --- Chapter recodified from COMAR IO.S 1.03 to COMAR 26.13

.03 Regulation

.OIB, D amended effective August 28, 1995 (22:17 Md. R 1321) Regulation

.010 amended effcctive December 23, 1991 (18 :25 Md. R 2759) Regulation .01 Hand I adopted effcctive April 18, 1988 (15:8 Md. R 1009) Regulation .02A amended effective

**~ember** 23, 1991 (18 :25 Md. R 2759) Regulation

.04 amended effcctiveApnll8, 1988 (15:8 Md. R 1009); September 11,2006 (33 : 18 Md. R 1507) Regulation .04A, C amended effective December 23, 1991 (18:25 Md. R 2759) Regulation .04A, D, E amended effective May 24. 1993 (20:10 Md. R. 8S3) Regulation

. OS amended effective September It, 2006 (33 : 18 Md. R 1507) Regulation .OSC 1111ended effective

**~ember23,** 1991 (18:25 Md. R 2759) Regulation .OSE amended effective April18, 1988 (15:8 Md. R 1009); May 24, 1993 (20:10 Md

. R 8S3); September 10, 1997 (24 :5 Md. R 4 13) Regulation .06A amended effcctivc May 5, 1997 (24:9 Md. R 659) Regulat

. ion

.068 amended ctTcctive Aprill8, 1988 (15:8 Md. R 1009);

**~bcr23,** 1991 (18:25 Md. R 27S9); August28, 199S (22: 17 Md. R 1321); MayS, 1997 (24 : 9 Md. R. 6S9) Regulation

. 06C amended effective September II, 2006 (33 : 18 Md. R. 1507) Regulation .07A amended effective Aprill8, 1988 (15:8 Md. R 1009) 

### 26.13

.03 Page 16 Effective as ofNovembet 12, 2010 

# 0DISPOSAL OF <.'<>NTROLLED IIAZARI>OUS SUBSTAN('ES

Re)!nlatinn .(17 repeakd and new RC!!,Ulutions .Cl7 and .07 -1

.07-4 adopted effective August :!X. 111 115 (}:!: 17 Md

. It I 3:!1 l Re!,!nlatinn .OX repealed efli:etive May 5. 11 11 )7 (}4:9 Md. R. (,)'}) ( 'hapter revisetl effective October 16. :!0(10 (27:20 Md. R. I X4J) Regulation .IIIII

- I adopted cfli.:etive November I. :!002 (211::! I Md

. R

. 1647) Regulation

.OI<i amended clfectivc**M~y** I.**200~** (35:X Md

. R

. X09) Regulation .0 1.1 adopted cfli:ctivc tvlay I. 200X {35:X Md

. R

. XOlJ) Regulation .0:! mnended dli:etivc November I. 2002 (29:21 Md

. R

. 1647) Regulation .114 mnended cfli:ctivc September 11. 2006 (33: IX Md. R. 1507) Re!;!nlation .041\ amended effective May I. 200X (:\5:X Md. R

. X09) Regulation

.OS amended efli:ctive September II. 2006 (33: IX Md. R. 1507) Regulation

.OSE mncnded**cfli:cti~c** Muy I. :!OOX (3S:X Md

. R. XOI)) Regulation .06( ·amended ciTcctivc September II. 2006 (33: I H Md. R. 15071 Regulation

.07 amended elli:ctive November I. 2002 (29:21 Md. R

. 1647) Regulation .07A umendcd effective May I. 2008 (35 : 8 Md. R

. 809) Regulation .07 -1 amended effective November I. 2002 (29:21 Md

. R. I 647) Regulati on .07-21\ amended effective Septeniber II. 200(> (33: IX Md. R

. I 507) Rc gulnti on .07-2(' amended effective November I. 2002 (29:21 Md. R. I 647) Regulation**.07 -~**  amended effective September II. 2006 (33 : 1!> Md

. R. 1507) Re !:ulntion .07-:'i adopted effective November I , 2002 {29:2 I Md. R. 1647}



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