reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.42 - Control of Methane Emissions from Municipal Solid Waste Landfills › Section 26.11.42.04 - Requirements for Municipal Solid Waste (MSW) Landfills

Current through Register Vol. 51, No. 14, July 12, 2024
A. Active MSW
				  Landfills With Less Than 450,000 Tons of Waste-in-Place.
(1) A person who owns or operates an active
				  MSW landfill having less than 450,000 tons of waste-in-place shall submit to
				  the Department a copy of the annual tonnage report required pursuant to the
				  Refuse Disposal Permit issued under COMAR 26.04.07 which includes all the
				  following information:
(a) Annual waste
				  accepted;
(b) Total waste
				  landfilled or waste-in-place; and
(c) Calculation of remaining
				  airspace.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.42 - Control of Methane Emissions from Municipal Solid Waste Landfills › Section 26.11.42.06 - Requirements for the Permanent Shutdown and Removal of a Gas Collection and Control System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A gas
				  collection and control system installed at a closed MSW landfill or closed area
				  of a MSW landfill may be capped and permanently removed provided the following
				  requirements are met:
(1) The gas collection
				  and control system was in operation for at least 15 years, unless the owner or
				  operator can demonstrate to the Department that due to declining methane rates
				  the MSW landfill will be unable to operate the gas collection and control
				  system for a 15-year period;
(2)
				  The calculated or measured methane generation rate at the MSW landfill is less
				  than 732 tons per year on three successive test dates, provided that:
(a) For measured methane generation rates,
				  the test dates shall be no less than 90 days apart, and no more than 180 days
				  apart; or
(b) The calculated
				  methane generation rate shall be calculated in accordance with the provisions
				  of Regulation .11D of this chapter;
(3) Surface methane concentration
				  measurements do not exceed 200 ppmv;
(4) The concentrations of methane gas at the
				  MSW landfill do not exceed 25 percent of the lower explosive limit in facility
				  structures (excluding gas collection and control system components) or the
				  lower explosive limit at the property boundary; and
(5) The owner or operator submits an
				  equipment removal report to the Department in accordance with the provisions of
				  Regulation .10(2) of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.42 - Control of Methane Emissions from Municipal Solid Waste Landfills › Section 26.11.42.07 - Compliance Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surface
				  Methane Concentration Standards. Except as provided in Regulations .05D and F,
				  Regulation .09A of this chapter, and §C of this regulation, beginning January
				  1, 2024, or upon commencing operation of a newly installed gas collection and
				  control system or modification of an existing gas collection and control system
				  in accordance with Regulation .05A of this chapter, whichever is later, no
				  location on the MSW landfill surface shall equal or exceed either of the
				  following methane concentration limits:
(1)
				  Excluding non-repeatable, momentary readings, a methane concentration limit of
				  500 ppmv as determined by instantaneous surface emissions monitoring in
				  accordance with Regulation .11F(1) and (2) of this chapter; and
(2) An average methane concentration limit of
				  25 ppmv as determined by integrated surface emissions monitoring in accordance
				  with Regulation .11F(1) and (3) of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.42 - Control of Methane Emissions from Municipal Solid Waste Landfills › Section 26.11.42.08 - Alternative Compliance Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner or
				  operator may request alternatives to the compliance measures, monitoring
				  requirements, test methods and procedures of Regulations .05, .09 and .11 of
				  this chapter. Any alternative compliance options requested by the owner or
				  operator shall be submitted in writing to the Department for approval and may
				  include, but are not limited to, the following:
(1) Semi-continuous (batch) operation of the
				  gas collection and control system due to insufficient landfill gas flow
				  rates;
(2) Alternative wind speed
				  requirements for landfills consistently having winds in excess of the limits
				  specified in this regulation;
(3)
				  Alternative walking patterns to address potential safety and other issues, such
				  as steep or slippery slopes, monitoring instrument obstructions, and physical
				  obstructions;
(4) Exclusion of
				  construction areas and other dangerous areas from landfill surface inspection;
				  and
(5) Exclusion of paved roads
				  that do not have any cracks, potholes, or other penetrations from landfill
				  surface inspection.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.42 - Control of Methane Emissions from Municipal Solid Waste Landfills › Section 26.11.42.09 - Monitoring Requirements and Corrective Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surface
				  Emissions Monitoring Requirements. The owner or operator of a MSW landfill
				  shall conduct instantaneous and integrated surface emissions monitoring of the
				  landfill surface on a quarterly basis in accordance with the procedures
				  specified in Regulation .11F of this chapter. All the following requirements
				  shall apply to surface monitoring:
(1)
				  Instantaneous Surface Emissions Monitoring. Any reading equal to or exceeding a
				  limit specified in Regulation .04B(3)(b), .06B(3), or .07A(1) of this chapter
				  shall be recorded as an exceedance and the following actions shall be taken:
(a) The owner or operator of an MSW landfill
				  shall:
(i) Record the date, location, and
				  value of each test, including re-tests, with the location of the grids, the gas
				  collection system, and the tests clearly mark and identify on a topographic map
				  of the MSW landfill which is drawn to scale; and
(ii) Retain and submit to the Department in
				  accordance with the provisions of Regulation .10 of this chapter, a copy of the
				  documentation required under §A(1)(a)(i).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.42 - Control of Methane Emissions from Municipal Solid Waste Landfills › Section 26.11.42.11 - Test Methods and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
The owner or operator of a MSW landfill shall use the
					 following test methods and procedures to demonstrate compliance with the
					 provisions of this chapter:
A.
				  Hydrocarbon Detector Specification. Any instrument used for the measurement of
				  methane shall be a gas detector or other equivalent instrument approved by the
				  Department that meets the calibration, specifications, and performance criteria
				  of EPA Reference Method 21, Determination of Volatile Organic Compound Leaks,
				  40 CFR Part 60, Appendix A, as amended except for the following modifications
				  and adjustments:
(1) "Methane" shall replace
				  all references to volatile organic compounds (VOC);
(2) The calibration gas shall be methane,
				  diluted to a nominal concentration of 500 parts per million in air;
(3) To meet the performance evaluation
				  requirements in section 8.1 of Method 21 of 40 CFR Part 60, Appendix A the
				  instrument evaluation procedures of section 8.1 of Method 21 of 40 CFR. Part
				  60, Appendix A shall be used; and
(4) The calibration procedures provided in
				  sections 8 and 10 of Method 21 of 40 CFR Part 60, Appendix A shall be followed
				  immediately before commencing a surface monitoring survey.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.43 - Advanced Clean Trucks Program › Section 26.11.43.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to implement the
					 requirements of the Maryland Clean Trucks Act of 2023 by establishing
					 regulations implementing California's Advanced Clean Truck
					 regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.43 - Advanced Clean Trucks Program › Section 26.11.43.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) Title 13, California Code of Regulations
				  (CCR), Division 3, Chapter 1, Article 2, §1963 Advanced Clean Trucks Purpose,
				  Applicability, Definitions, and General Requirements, as effective March 15,
				  2021.
(2) Title 13, California Code
				  of Regulations (CCR), Division 3, Chapter 1, Article 2, §1963.1 Advanced Clean
				  Truck Deficits, as effective March 15, 2021.
(3) Title 13, California Code of Regulations
				  (CCR), Division 3, Chapter 1, Article 2, §1963.2 Advanced Clean Trucks Credit
				  Generation, Banking, and Trading, as effective March 15, 2021.
(4) Title 13, California Code of Regulations
				  (CCR), Division 3, Chapter 1, Article 2, §1963.3 Advanced Clean Trucks
				  Compliance Determination, as effective March 15, 2021.
(5) Title 13, California Code of Regulations
				  (CCR), Division 3, Chapter 1, Article 2, §1963.4 Advanced Clean Trucks
				  Reporting and Recordkeeping, as effective March 15, 2021.
(6) Title 13, California Code of Regulations
				  (CCR), Division 3, Chapter 1, Article 2, §1963.5 Advanced Clean Trucks
				  Enforcement, as effective March 15, 2021.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.43 - Advanced Clean Trucks Program › Section 26.11.43.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) In this chapter, the following terms have
				  the meanings indicated.
(2) Any
				  term that is not defined in this regulation shall be as defined in the
				  California documents incorporated by reference in Regulation .02 of this
				  chapter.
(3) Definitions in the
				  California documents shall prevail in any case of discrepancy.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.43 - Advanced Clean Trucks Program › Section 26.11.43.04 - Applicability and Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicability.
(1) Except as provided in §B
				  of this regulation, this chapter applies to all manufacturers that produce 2027
				  and subsequent model year on-road vehicles over 8,500 pounds GVWR for sale in
				  Maryland that are subject to the California Advanced Clean Truck
				  regulation.
(2) Beginning with
				  model year 2026, any manufacturer that produces on-road vehicles over 8,500
				  pounds GVWR may generate, bank, and trade ZEV and NZEV credits pursuant to 13
				  CCR §1963.2, as incorporated by reference in this chapter.
(3) In the event that there are
				  inconsistencies or duplications in the requirements of the provisions
				  incorporated by reference from the CCR and the rules set forth in this chapter,
				  the provisions incorporated by reference from the CCR shall prevail.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.43 - Advanced Clean Trucks Program › Section 26.11.43.05 - Advanced Clean Trucks Reporting and Recordkeeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sales
				  Reporting. Beginning with the 2027 model year, and no later than 90 days
				  following the end of each model year, a manufacturer shall report the following
				  information to the Department for each onroad vehicle produced and delivered
				  for sale in Maryland for each model year, except as provided in 13 CCR
				  §1963.4(e):
(1) Vehicle Identification Number
				  (VIN) for each vehicle;
(2) Vehicle
				  weight class;
(3) Whether the
				  vehicle type is a tractor, yard tractor, or is another vehicle type;
(4) Fuel and drivetrain type;
(5) Volume produced and delivered for sale in
				  Maryland for the vehicle type; and
(6) If the vehicle is a NZEV, the tested
				  all-electric range of the vehicle.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.01 - Radiation Protection › Section 26.12.01.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
All provisions of the "Regulations for the Control of
					 Ionizing Radiation (1994)" as amended by Supplement 1 through Supplement 33 are
					 incorporated by reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.02 - Inspection and Certification › Section 26.12.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applied radiation machine experience"
				  means employment at activities that:
(a)
				  Involve the operation, maintenance, or quality control of radiation machines;
				  and
(b) Produce data that can be
				  used in the determination of radiation machine compliance with the regulations
				  of Maryland, the Federal Government, or any other state.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.02 - Inspection and Certification › Section 26.12.02.02 - State Certification of Radiation Machines

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This regulation does not
				  apply to persons using the following radiation machines:
(1) Those used for dental diagnosis or
				  screening (machines classified in Group 6);
(2) Those used for veterinary diagnosis or
				  screening (machines classified in Group 7);
(3) Those used for mammography diagnostic or
				  screening purposes located in a mammography facility regulated under 21 CFR
				  Part 900 (machines classified in Group 8);
(4) Those used for veterinary dental
				  diagnosis or screening (machines classified in Group 9);
(5) Radiation machines exempted from the
				  requirements of Section B.3 of the Regulations for the Control of Ionizing
				  Radiation 1994, which is incorporated by reference in COMAR
				  26.12.01.01 a; and
(6) Radiation machines that are licensed by
				  the Department as provided by §C. of the incorporated document in COMAR
				  26.12.01.01 a.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.02 - Inspection and Certification › Section 26.12.02.03 - Licensing of Inspectors

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application For a License. A person may apply to the Department, on forms
				  provided by the Department, for a license to inspect radiation machines or for
				  the renewal or reinstatement of a previously issued license. The application
				  shall contain all information indicated on the form.
B. Denial of Application.
(1) The Department shall deny an application
				  for a license to inspect radiation machines if the applicant:
(a) Has not demonstrated compliance with the
				  State Workers' Compensation Laws as required by Environment Article, §
												1-202, Annotated Code of
				  Maryland; or
(b) Has a financial
				  arrangement with any business entity offering commercial sales or servicing of
				  radiation machines.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.02 - Inspection and Certification › Section 26.12.02.04 - Notification and Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Notification of Denial, Suspension, or Revocation; Hearing. An order denying,
				  suspending, or revoking a license or certificate, or the granting of a license
				  or certificate with conditions, shall be personally served as summonses are
				  served, or by certified mail, upon the applicant or licensee and shall be final
				  unless the applicant or licensee requests a hearing before the Department
				  within 10 days after service.
B.
				  When a hearing is requested by the applicant or licensee, under §A of this
				  regulation, it shall be held pursuant to the Administrative Procedure Act,
				  State Government Article, §§
										10-201 -10-226,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.02 - Inspection and Certification › Section 26.12.02.05 - Inspection Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Procedures Common To All Radiation Machine Inspections. The inspector shall:
(1) Notify the Department's Radiological
				  Health Program immediately by telephone if a situation is discovered where a
				  person could receive an excess radiation dose due to a radiation machine not
				  meeting the requirements of Sections A., B., E., F., H., I., or J. of the
				  Regulations for the Control of Ionizing Radiation (1994), which is incorporated
				  by reference in COMAR
				  26.12.01.01 a and if that dose may
				  cause an imminent and substantial endangerment to health;
(2) Record all information required by the
				  State Certification Data Forms;
(3)
				  Observe if the notices to workers are posted as required by Section J. of the
				  incorporated document in COMAR
				  26.12.01.01 a;
(4) Observe if the warning signs and
				  instructions of Sections D. and F. of the incorporated document in COMAR
				  26.12.01.01 a are posted when
				  required;
(5) Determine the
				  adequacy of the personnel monitoring system if a system is required by Section
				  D.202 of the incorporated document in COMAR
				  26.12.01.01 a;
(6) Forward a copy of the inspection report
				  to the Department not later than 30 calendar days after the beginning of each
				  radiation machine inspection; and
(7) Record the nature of any machine
				  adjustments or repairs that are carried out during the time of the inspection
				  on the appropriate spaces provided on the Department inspection report
				  forms.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.03 - State Radiation Control Fund › Section 26.12.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Calendar year 2011 base" or "CY 2011
				  base" means the base year fee from calendar year 2011. The base year fee is
				  adjusted annually in accordance with the Consumer Price Index as provided in
				  Regulation .04 of this chapter.
(2)
				  "Facility" means the location at which one or more sources of radiation are:
(a) Installed or located within one building,
				  vehicle, or under one roof; and
(b)
				  Under the same administrative control.
(3) "Group" means the classification of
				  radiation machine established by COMAR
				  26.12.02.02B.
(4) "Irradiator license" means a
				  category of specific license authorizing a person to possess and use
				  radioactive material to perform intentional exposure of various products to
				  ionizing radiation to effect polymerization, sterilization, or other
				  effects.
(5) "Radiation machine"
				  means a device that is capable of producing radiation. On any radiation
				  producing equipment having at least one X-ray tube, or other single point from
				  which radiation may be emitted, each X-ray tube or other radiation emission
				  point is considered a separate radiation machine for purposes of this
				  section.
(6) "Sealed source and
				  device registration" means the administrative process by which Maryland
				  companies who intend to manufacture or distribute a sealed radioactive source
				  or device containing a radioactive sealed source under a specific or general
				  license obtain the Department's approval of a document containing the radiation
				  safety and engineering evaluation of the product information.
(7) "Teletherapy license" means a category of
				  specific license authorizing a person to possess or use radioactive materials
				  to administer teletherapy as defined in §A.2 of the Regulations for the Control
				  of Ionizing Radiation (1994), which is incorporated by reference in COMAR
				  26.12.01.01.
(8) "Unregistered
				  facility" means a facility at which one or more radiation machines is installed
				  without the facility having been registered with the Department, in violation
				  of the provisions of §B.5 of the Regulations for the Control of Ionizing
				  Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01.
(9) "X-ray tube" means any
				  electron tube that is designed to be used primarily for the production of
				  X-rays. For the purpose of this regulation, a tube means an X-ray tube, unless
				  otherwise specified.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.03 - State Radiation Control Fund › Section 26.12.03.02 - Fee Required

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Exemptions. This regulation does not apply to persons using the following
				  sources of radiation:
(1) Radiation machines
				  exempted from registration by the Department according to §B.3 of Regulations
				  for the Control of Ionizing Radiation (1994), which is incorporated by
				  reference in COMAR
				  26.12.01.01;
(2) Radioactive materials that are not
				  subject to licensing by Part C of Regulations for the Control of Ionizing
				  Radiation (1994), which is incorporated by reference in COMAR
				  26.12.01.01;
(3) Radiation machines located at a school of
				  dentistry accredited by the Commission on Dental Accreditation of the American
				  Dental Association; and
(4)
				  Temporary dental clinics that:
(a) Hold a
				  permit under Health Occupations Article, Title 4, Annotated Code of
				  Maryland;
(b) Provide all services
				  on a pro bono basis; and
(c)
				  Operate fewer than 100 hours per year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 12 - RADIATION MANAGEMENT › Chapter 26.12.03 - State Radiation Control Fund › Section 26.12.03.04 - Consumer Price Index Adjustment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning January 1, 2012, the annual fees
				  set forth in this chapter, with the exception of Group 6 dental facilities and
				  Group 9 veterinary dental machines, shall be increased each year by the
				  percentage, if any, by which the Consumer Price Index for the most recent
				  calendar year exceeds the Consumer Price Index for the previous calendar
				  year.
B. The Consumer Price Index
				  for a calendar year is the average of the Consumer Price Index for all urban
				  consumers published by the Department of Labor as of the close of the 12-month
				  period ending on August 31 of each calendar year.
C. For radioactive materials licensees with a
				  calendar year 2011 base fee greater than $1,000 and sealed source and device
				  sheets, each annual fee adjustment to reflect a change in the Consumer Price
				  Index will be rounded to the nearest higher hundred-dollar increment. For
				  radiation machine fees except dental fees, for general license fees, and for
				  those radioactive material licensees with a calendar year 2011 base fee of
				  $1,000 or less, each annual fee adjustment to reflect a change in the Consumer
				  Price Index will be rounded to the nearest higher one-dollar
				  increment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.01 - Hazardous Waste Management System: General › Section 26.13.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  provides definitions of terms, general standards, and overview information
				  applicable to this subtitle.
B. In
				  this chapter:
(1) Regulation .02 sets forth
				  the rules that the Department will use in making information it receives
				  available to the public and sets for the the requirements that generators,
				  transporters, or owners or operators of treatment, storage, or disposal
				  facilities shall follow to assert claims of business confidentiality with
				  respect to information that is submitted to the Department under this
				  subtitle.
(2) Regulation .03
				  defines terms which are used in this subtitle.
(3) Regulation .04A establishes procedures
				  for petitioning the Department to amend, modify, or revoke any provision of
				  this subtitle and establishes procedures governing the Department's action on
				  these petitions.
(4) Regulation
				  .04B establishes procedures for petitioning the Department to approve testing
				  methods as equivalent to those prescribed in COMAR 26.13.02, 26.13.05, or
				  26.13.06.
(5) Regulation .04C
				  establishes procedures for petitioning the Department to amend COMAR
				  26.13.02.03 o or
				  26.13.02.15 o -.19 to exclude a
				  waste from a particular facility.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.01 - Hazardous Waste Management System: General › Section 26.13.01.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. When used in
				  this subtitle the following terms have the meanings given.
B. Terms Defined.
(1) "Above-ground tank" means a tank that is
				  situated in such a way that the entire surface area of the tank is completely
				  above the plane of the adjacent surrounding surface and the entire surface area
				  of the tank, including the tank bottom, is able to be visually inspected.
(1-1) "Active life" of a facility means the
				  period from the initial receipt of hazardous waste at the facility until the
				  Secretary receives certification of final closure.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.01 - Hazardous Waste Management System: General › Section 26.13.01.03-1 - General Provisions for Manifests

Current through Register Vol. 51, No. 14, July 12, 2024
A. Manifest Copy Submission - Certain
				  Interstate Waste Shipments. If the state in which a waste is generated or the
				  state in which waste will be transported to a designated facility requires that
				  the waste be regulated as a hazardous waste or otherwise tracked through a
				  hazardous waste manifest, the designated facility that receives the waste
				  shall, regardless of the state in which the facility is located:
(1) Complete the facility portion of the
				  applicable manifest;
(2) Sign and
				  date the facility certification;
(3) Submit to the electronic manifest system
				  a final copy of the manifest for data processing purposes; and
(4) Satisfy requirements established and
				  enforced by the federal government to pay the appropriate per-manifest fee to
				  EPA for each manifest submitted to the electronic manifest system, subject to
				  the fee determination methodology, payment methods, dispute procedures,
				  sanctions, and other fee requirements that are specified in 40 CFR Part 264,
				  Subpart FF.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.01 - Hazardous Waste Management System: General › Section 26.13.01.04 - Rule-Making Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Any person may petition the Secretary to
				  modify or revoke any provision in this subtitle. This section sets forth
				  general requirements which apply to these petitions. Section B of this
				  regulation sets forth additional requirements for petitions to add a testing or
				  analytical method to COMAR 26.13.02, 26.13.05, or 26.13.06. Section C of this
				  regulation sets forth additional requirements for petitions to exclude a waste
				  at a particular facility from COMAR
				  26.13.02.03 or the lists of
				  hazardous wastes in COMAR 26.13.02.15 -.19. Section J of this regulation sets
				  forth additional requirements for petitions to amend COMAR 26.13.10.06 -.25 to
				  include additional hazardous waste as universal waste.
(2) Each petition shall be submitted to the
				  Secretary by certified mail and shall include:
(a) The petitioner's name and
				  address;
(b) A statement of the
				  petitioner's interest in the proposed action;
(c) A description of the proposed action,
				  including (when appropriate) suggested regulatory language; and
(d) A statement of the need and justification
				  for the proposed action, including any supporting tests, studies, or other
				  information.
(3) The
				  Secretary will make a tentative decision to grant or deny a petition and will
				  publish notice of the tentative decision, either in the form of an advanced
				  notice of proposed rule making, a proposed rule, or a tentative determination
				  to deny the petition, in the Maryland Register for written public
				  comment.
(4) Upon the written
				  request of any interested person, the Secretary may, at his discretion, hold an
				  informal public hearing to consider oral comments on the tentative decision. A
				  person requesting a hearing shall state the issues to be raised and explain why
				  written comments would not suffice to communicate the person's views. The
				  Secretary may in any case decide on his own motion to hold an informal public
				  hearing.
(5) After evaluating all
				  public comments, the Secretary will make a final decision by publishing in the
				  Maryland Register a regulatory amendment or a denial of the petition.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.01 - Hazardous Waste Management System: General › Section 26.13.01.05 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. When
				  used in COMAR 26.13.01-26.13.10, the following publications are incorporated by
				  reference:
(1) "ASTM Standard Test Methods of
				  Flash Point of Liquids by Setaflash Closed Tester." ASTM Standard D-3278-78 is
				  available from American Society for Testing and Materials, 1916 Race Street,
				  Philadelphia, Pennsylvania 19103.
(2) "ASTM Standard Test Methods for Flash
				  Point by Pensky-Martens Closed Tester," ASTM Standard D-93-79 or D-93-80.
				  D-93-80 is available from American Society for Testing and Materials, 1916 Race
				  Street, Philadelphia, Pennsylvania 19103.
(3) "NFPA 30 Flammable and Combustible
				  Liquids Code" (1990), available from the National Fire Protection Association,
				  Batterymarch Park, Quincy, Massachusetts 02269.
(4) "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods", EPA SW-846, Third Edition (1986), as amended by
				  Update I (July, 1992), Update II (September, 1994), Update IIA (August, 1993),
				  and Update IIB (January, 1995). Refer to
				  40 CFR §
												260.11 for information on availability of
				  these documents.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  identifies those solid wastes which are subject to regulation as hazardous
				  wastes under COMAR 26.13.03-26.13.10.
B. In this chapter:
(1) Regulations .01-.07 define the terms
				  "solid waste" and "hazardous waste", identify those wastes which are excluded
				  from regulation under COMAR 26.13.03-26.13.07 and 26.13.10 and establish
				  special management requirements for hazardous waste produced by small quantity
				  generators and hazardous waste which is used, re-used, recycled, or
				  reclaimed.
(2) Regulations .08 and
				  .09 set forth the criteria used by the Department to identify characteristics
				  of hazardous waste and to list particular hazardous wastes.
(3) Regulations .10-.14 identify
				  characteristics of hazardous waste.
(4) Regulations .15-.19 list particular
				  hazardous wastes.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.02 - Definitions of Solid Waste

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Solid Waste and Discarded Material.
(1) A
				  solid waste is any discarded material that is not excluded by Regulation .04 of
				  this chapter or that is not excluded by a variance granted under COMAR
				  26.13.01.04D and
				  E.
(2) A discarded material is any
				  material which is:
(a) Abandoned, as explained
				  in §B of this regulation;
(b)
				  Recycled, as explained in §C of this regulation;
(c) Considered inherently waste-like, as
				  explained in §D of this regulation; or
(d) A military munition identified as a solid
				  waste in COMAR
				  26.13.10.27B.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.03 - Definition of Hazardous Waste

Current through Register Vol. 51, No. 14, July 12, 2024
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 o -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.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.04-2 - Hazardous Wastes Which Are Exempt from Certain Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A hazardous waste which is generated in a product or raw
					 material storage tank, a product or raw material transport vehicle or vessel,
					 or in an associated nonwaste-treatment manufacturing unit, is not subject to
					 regulations until it exits the unit in which it was generated, unless the unit
					 is a surface impoundment, or unless the hazardous waste remains in the unit
					 more than 90 days after the unit ceases to be operated for manufacturing, or
					 for storage or transportation of products or raw material.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.04-3 - Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in §§B and D of this regulation, a sample of solid waste or a sample
				  of water, soil, or air, the quantity of which is to be determined by the
				  Department, which is collected for the sole purpose of testing to determine its
				  characteristics or composition, is not subject to any requirement of this
				  chapter, COMAR 26.13.03-26.13.07, or COMAR 26.13.09, or to the notification
				  requirements of § 3010 of the Resource Conservation and Recovery Act, when the
				  sample is being:
(1) Transported to a
				  laboratory for the purpose of testing;
(2) Transported back to the sample collector
				  after testing;
(3) Stored by the
				  sample collector before transport to a laboratory for testing;
(4) Stored in a laboratory before
				  testing;
(5) Stored in a laboratory
				  after testing but before it is returned to the sample collector; or
(6) Stored temporarily in the laboratory
				  after testing for a specific purpose (for example, until conclusion of a court
				  case or enforcement action if further testing of the sample may be
				  necessary).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.04-4 - Treatability Study Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as provided in §§B and F of this regulation, persons who generate or
				  collect samples for the purpose of conducting treatability studies as defined
				  in COMAR 26.13.01.03B are
				  not subject to any requirement of COMAR 26.13.02-.04 or to the notification
				  requirements of Section 3010 of RCRA, nor are those samples included in the
				  quantity determinations of Regulation .05 of this chapter and COMAR
				  26.13.03.03-4C(3)
				  when one of the following conditions is met:
(1) The sample is being collected and
				  prepared for transportation by the generator or sample collector;
(2) The sample is being accumulated or stored
				  by the generator or sample collector prior to transportation to a laboratory or
				  testing facility; or
(3) The sample
				  is being transported to the laboratory or testing facility for the purpose of
				  conducting a treatability study.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.04-6 - Dredged Material That Is Not a Hazardous Waste

Current through Register Vol. 51, No. 14, July 12, 2024
A. Dredged material, as defined in §B of this
				  regulation, is not a hazardous waste if the dredged material:
(1) Is subject to the requirements of a
				  permit issued by:
(a) The U.S. Army Corps of
				  Engineers or an approved state under Section 404 of the Federal Water Pollution
				  Control Act (33 U.S.C. §
													1344); or
(b) The U.S Army Corps of Engineers under
				  Section 103 of Marine Protection, Research and Sanctuaries Act of 1972
				  (33 U.S.C. §
													1413); or
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.05 - Special Requirements for Hazardous Waste Generated by Small Quantity Generators

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.06 - Requirements for Recyclable Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Hazardous wastes that are recycled are
				  subject to the requirements for generators, transporters, and storage
				  facilities of §§B and C of this regulation except for the materials listed in
				  §§A(2) and A-1 of this regulation. Hazardous wastes that are recycled will be
				  known as "recyclable materials". Recyclable materials, except as otherwise
				  provided in §§A(2), A-1, or C(1) of this regulation or COMAR 26.13.10, are not
				  controlled hazardous substances (CHS) for purposes of COMAR 26.13.07.
(2) Exemption from Regulation.
(a) The following recyclable materials are
				  not CHS for purposes of the regulations indicated:
(i) Recyclable materials that are reclaimed
				  to recover economically significant amounts of gold, silver, platinum,
				  palladium, iridium, osmium, rhodium, ruthenium, or any combination of these are
				  not CHS for the purposes of COMAR 26.13.05.01-.04, .05A, D-H, and .06-.24,
				  26.13.06, and 26.13.07, if these materials are not accumulated speculatively as
				  defined in Regulation .01D of this chapter;
(ii) Spent lead-acid batteries that are
				  recyclable materials are not CHS for the purposes of COMAR 26.13.03, 26.13.04,
				  26.13.05.02D,
				  .05B, C, .13-.24, and 26.13.06, and, for persons who store but do not reclaim,
				  are not CHS for the purposes of COMAR 26.13.05, 26.13.06, and
				  26.13.07.
(b) The
				  following recyclable materials are not subject to the requirements of this
				  section but are regulated under either COMAR
				  26.13.05.16,
				  26.13.06.23, or 26.13.10 and all
				  applicable provisions in COMAR 26.13.07 and 26.13.09:
(i) Recyclable materials used in a manner
				  constituting disposal;
(ii)
				  Hazardous wastes burned for energy recovery in boilers and industrial furnaces
				  that are regulated under COMAR
				  26.13.05.16 or
				  26.13.06.23, and COMAR
				  26.13.07.05;
(iii) Recyclable materials from which
				  precious metals are reclaimed; or
(iv) Spent lead-acid batteries that are being
				  reclaimed under COMAR 26.13.10.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.07 - Residues of Hazardous Waste in Empty Containers

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Hazardous waste remaining in either an
				  empty container or an inner liner removed from an empty container, as defined
				  in §B of this regulation, is not subject to regulation under this subtitle,
				  unless it is determined by the Secretary that sufficient amounts of the
				  hazardous waste remain to pose a potential threat to human health or the
				  environment.
(2) Any hazardous
				  waste in either a container that is not empty, or an inner liner removed from a
				  container that is not empty, as defined in §B of this regulation, is subject to
				  regulation under this subtitle.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.02 - Identification and Listing of Hazardous Waste › Section 26.13.02.07-1 - Requirements for Universal Waste

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as specified in COMAR
				  26.13.10.06 o -.25, the wastes
				  listed in §B of this regulation are exempt from regulation under COMAR
				  26.13.03-26.13.07 and COMAR
				  26.13.10.01 o -.05, and,
				  therefore, are not fully regulated as hazardous waste.
B. The following wastes are subject to
				  regulation under COMAR
				  26.13.10.06 o -.25:
(1) Batteries, as described in COMAR
				  26.13.10.07 o;
(2) Pesticides, as described in COMAR
				  26.13.10.08 o; and
(3) Mercury-containing equipment, lamps, or
				  PCB-containing lamp ballasts, each as described in COMAR
				  26.13.10.09 o.