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 26.13.02.04-1 - Solid Wastes Which Are Not Hazardous Wastes

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following solid wastes are not
				  hazardous wastes:
(1) Household waste, as
				  defined in §B of this regulation, including household waste that has been
				  collected, transported, stored, treated, disposed of, recovered (for example,
				  refuse-derived fuel), or reused;
(2) Solid wastes generated by any of the
				  following and which are returned to the soils as fertilizers:
(a) The growing and harvesting of
				  agricultural crops,
(b) The raising
				  of animals, including animal manures;
(3) Mining overburden returned to the mine
				  site;
(4) Fly ash waste, bottom ash
				  waste, slag waste, and flue gas emission control waste generated primarily from
				  the combustion of coal or other fossil fuels;
(5) Drilling fluids, produced waters, and
				  other wastes associated with the exploration, development, or production of
				  crude oil, natural gas, or geothermal energy;
(6) Contaminated soils and other solids
				  recovered from spills or removed from old disposal sites containing PCB at
				  concentrations of less than 50 ppm which shall be disposed of at approved sites
				  only if they do not qualify as a hazardous waste under any other section of
				  this regulation;
(7) Solid waste
				  from the extraction, and beneficiation and processing of ores and minerals as
				  specified in §§E and F of this regulation, including coal, phosphate rock, and
				  overburden from the mining of uranium ore, except that the Secretary, on a
				  case-by-case basis, may impose by Order those requirements of COMAR 26.13
				  determined by the Secretary to be necessary to protect human health and the
				  environment;
(8) Cement kiln dust
				  waste;
(9) Solid waste which
				  consists of discarded arsenical-treated wood or wood products that, as a result
				  of the wood treating process, fail the test for the toxicity characteristic for
				  Hazardous Waste Codes D004-D017, and which is not a hazardous waste for any
				  other reason if the waste is generated by persons who use the arsenical-treated
				  wood and wood products for the material's intended end use;
(10) Chromium waste which meets one of the
				  following criteria:
(a) Wastes which fail the
				  test for the toxicity characteristic because chromium is present, or are listed
				  in Regulations .15-.19 of this chapter due to the presence of chromium, which
				  do not fail the test for the toxicity characteristic for any other constituent
				  or are not listed due to the presence of any other constituent, and which do
				  not fail the test for any other characteristic, if it is shown by a waste
				  generator or by waste generators that:
(i) The
				  chromium in the waste is exclusively (or nearly exclusively) trivalent
				  chromium,
(ii) The waste is
				  generated from an industrial process which uses trivalent chromium exclusively
				  (or nearly exclusively) and the process does not generate hexavalent chromium,
				  and
(iii) The waste is typically
				  and frequently managed in non-oxidizing environments;
(b) Specific wastes which meet the standard
				  in §A(10)(a) of this regulation, so long as they do not fail the test for the
				  toxicity characteristic for any other constituent other than chromium, and do
				  not exhibit any other characteristic of hazardous waste, are:
(i) Chrome (blue) trimmings generated by the
				  following subcategories of the leather tanning and finishing industry: hair
				  pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
				  retan/wet finish, no beamhouse, through-the-blue, and shearling,
(ii) Chrome (blue) shavings generated by the
				  following subcategories of the leather tanning and finishing industry: hair
				  pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
				  retan/wet finish, no beamhouse, through-the-blue, and shearling,
(iii) Buffing dust generated by the following
				  subcategories of the leather tanning and finishing industry: hair pulp/chrome
				  tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish,
				  no beamhouse, through-the-blue,
(iv) Sewer screenings generated by the
				  following subcategories of the leather tanning and finishing industry: hair
				  pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
				  retan/wet finish, no beamhouse, through-the-blue, and shearling,
(v) Wastewater treatment sludges generated by
				  the following subcategories of the leather tanning and finishing industry: hair
				  pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
				  retan/wet finish, no beamhouse, through-the-blue, and shearling,
(vi) Wastewater treatment sludges generated
				  by the following subcategories of the leather tanning and finishing industry:
				  hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,
				  and through-the-blue,
(vii) Waste
				  scrap leather from the leather tanning industry, the shoe manufacturing
				  industry, and other leather product manufacturing industries,
(viii) Wastewater treatment sludges from the
				  production of TiO2 pigment using chromium-bearing ores
				  by the chloride process;
(11) Used oil which contains more than 1,000
				  parts per million total halogens if:
(a) The
				  used oil:
(i) Has been demonstrated not to
				  contain hazardous waste through the use of an analytical method, or some other
				  means acceptable to the Secretary, to show, to the Secretary's satisfaction,
				  that the used oil does not contain significant concentrations of halogenated
				  hazardous constituents listed in Regulation .24 of this chapter,
(ii) Is a metalworking oil or metalworking
				  fluid which contains chlorinated paraffins and is processed, through a tolling
				  agreement, to reclaim metalworking oil or fluid, or
(iii) Is contaminated with
				  chlorofluorocarbons (CFCs) removed from refrigeration units and the CFCs are
				  destined for reclamation; and
(b) The used oil is not regulated as
				  hazardous for any other reason.
(12) Petroleum-contaminated media and debris
				  that fail the test for the toxicity characteristic of Regulation .14 of this
				  chapter (Hazardous Waste Codes D018 through D043 only) and are subject to the
				  corrective action regulations under 40 CFR 280 ;
(13) Used chlorofluorocarbon refrigerants
				  from totally enclosed heat transfer equipment, including mobile air
				  conditioning systems, mobile refrigeration, and commercial and industrial air
				  conditioning and refrigeration systems that use chlorofluorocarbons as the heat
				  transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed
				  for further use;
(14)
				  Non-terne-plated used oil filters from internal combustion engines, if:
(a) The filter has not been mixed with any
				  waste that is listed in Regulations .15-.19 of this chapter;
(b) The filter has been drained by initiating
				  the draining with the oil near operating temperature and conducting the
				  draining in an environment warmer than 60°F;
(c) One of the following alternatives has
				  been used in conjunction with draining as described in §A(14)(b) of this
				  regulation to remove oil from the filter:
(i)
				  Puncturing the filter anti-drain back valve or the filter dome end, and
				  draining,
(ii) Draining, followed
				  by crushing the filter,
(iii)
				  Dismantling the filter and draining, or
(iv) Using an alternative technique in
				  conjunction with draining which will remove oil from the filter at least as
				  well as the techniques described in §A(14)(c)(i)-(iii) of this regulation;
				  and
(d) In complying
				  with §A(14)(c) of this regulation, the filter has been allowed to drain under
				  the influence of gravity for at least 12 hours;
(15) Used oil re-refining distillation
				  bottoms that are used as feedstock to manufacture asphalt products;
				  and
(16) Leachate or gas condensate
				  collected from a landfill where certain solid wastes have been disposed if the
				  following conditions are met:
(a) The solid
				  wastes that have been disposed in the landfill would have met one or more of
				  the listing descriptions of Regulation .17 of this chapter for EPA Hazardous
				  Waste Numbers K169, K170, K171, K172, K174, K175, K176, K177, and K178 if the
				  wastes had been generated after the effective dates of these waste listings as
				  identified in §A(16)(e) of this regulation;
(b) The solid wastes identified in §A(16)(a)
				  of this regulation were disposed in the landfill before the effective dates of
				  the waste listings as identified in §A(16)(g) of this regulation;
(c) Neither the leachate nor the gas
				  condensate:
(i) Exhibits any characteristic of
				  hazardous waste identified in Regulations .10-.14 of this chapter; or
(ii) Is derived from any other listed
				  hazardous waste;
(d)
				  Discharge of the leachate or gas condensate, including leachate or gas
				  condensate transferred from the landfill to a publicly owned treatment works
				  (POTW) by truck, rail, or dedicated pipe, is subject to regulation under §
				  307(b) or 402 of the Clean Water Act;
(e) For the purposes of §A(16)(a) and (b) of
				  this regulation, effective dates are as follows:
(i) For K169-K172, February 8,
				  1999;
(ii) For K174 and K175, May
				  7, 2001;
(iii) For K176 and K177,
				  May 20, 2002; and
(iv) For K178,
				  May 1, 2008; and
(f) The
				  leachate or gas condensate is not regulated as a hazardous waste under §A-1 of
				  this regulation.