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 26.13.02.04-5 - Samples Undergoing Treatability Studies at Laboratories and Testing Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Samples
				  undergoing treatability studies and the laboratories or testing facility
				  conducting the treatability studies, to the extent those facilities are not
				  otherwise subject to requirements under COMAR 26.13, are not subject to any
				  requirements of COMAR 26.13.02- 26.13.07 or 26.13.10 or 40 CFR Part 268 or to
				  the notification requirements of § 3010 of RCRA provided that all of the
				  following conditions are met:
(1) Not less
				  than 45 days before conducting treatability studies, the facility notifies the
				  Secretary in writing that it intends to conduct treatability studies under this
				  section;
(2) The laboratory or
				  testing facility conducting the treatability study has an EPA identification
				  number;
(3) No more than 10,000
				  kilograms of "as received" media contaminated with nonacute hazardous waste,
				  2,500 kilograms of media contaminated with acute hazardous waste, or 250
				  kilograms of other "as received" hazardous waste is subjected to initiation of
				  treatment in all treatability studies in any single day, when "as received"
				  waste refers to the waste as received in the shipment from the generator or
				  sample collector;
(4) The quantity
				  of "as received" hazardous waste stored at the facility for the purpose of
				  evaluation in treatability studies, exclusive of treatment materials, including
				  nonhazardous solid waste, added to "as received" hazardous waste, does not
				  exceed 10,000 kilograms, the total of which may consist entirely of media
				  contaminated with nonacute hazardous waste, or may include, in addition to
				  media contaminated with nonacute hazardous waste, up to:
(a) 2,500 kilograms of media contaminated
				  with acute hazardous waste;
(b)
				  1,000 kilograms of nonacute hazardous waste other than contaminated
				  media;
(c) 1 kilogram of acute
				  hazardous waste that does not meet the criteria of Regulation .04-4B(1)(c) of
				  this chapter; and
(d) 100 kilograms
				  of acute hazardous waste that meets the criteria of Regulation .04-4B(1)(c) of
				  this regulation.
(5) The
				  earliest of the following dates has not passed:
(a) The 90th day after the date the
				  treatability study for the sample was completed;
(b) 1 year after the generator or sample
				  collector shipped the sample to the laboratory or testing facility, if the
				  treatability study does not involve bioremediation; and
(c) 2 years after the generator or sample
				  collector shipped the sample to the laboratory or testing facility, if the
				  treatability study involves bioremediation;
(6) The treatability study does not involve
				  the placement of hazardous waste on the land or open burning of hazardous
				  waste;
(7) The facility maintains
				  records for 3 years following completion of each study that show compliance
				  with the treatment rate limits and the storage time and quantity limits, with
				  all of the following specific items included for each treatability study
				  conducted:
(a) The name, address, and EPA
				  identification number of the generator or sample collector of each waste
				  sample;
(b) The date the shipment
				  was received;
(c) The quantity of
				  waste accepted;
(d) The quantity of
				  "as received" waste in storage each day;
(e) The date the treatment study was
				  initiated and the amount of "as received" waste introduced to treatment each
				  day;
(f) The date the treatability
				  study was concluded; and
(g) The
				  date any unused sample or residues generated from the treatability study were
				  returned to the generator or sample collector or, if sent to a designated
				  facility, the name of the facility and the EPA identification number;
(8) The facility keeps on-site a
				  copy of the treatability study contract and all shipping papers associated with
				  the transport of treatability study samples to and from the facility for a
				  period ending 3 years from the completion date of each treatability
				  study;
(9) The facility prepares
				  and submits a report to the Secretary by March 15 of each year that estimates
				  the number of studies and the amount of waste expected to be used in
				  treatability studies during the current year, and includes all of the following
				  information for the previous calendar year:
(a) The name, address, and EPA identification
				  number of the facility conducting the treatability studies;
(b) The types, by process, of treatability
				  studies conducted;
(c) The names
				  and addresses of persons for whom studies have been conducted, including their
				  EPA identification numbers;
(d) The
				  total quantity of waste in storage each day;
(e) The quantity and types of waste subjected
				  to treatability studies;
(f) When
				  each treatability study was conducted; and
(g) The final disposition of residues and
				  unused sample from each treatability study;
(10) The facility determines whether any
				  unused sample or residues generated by the treatability study are hazardous
				  waste under Regulation .03 of this chapter;
(11) The facility manages any unused samples
				  or residues generated by the treatability study that are determined to be
				  hazardous waste in accordance with the requirements of this chapter, COMAR
				  26.13.03-26.13.10, and 40 CFR Part 268, unless:
(a) The residues and unused samples are
				  returned to the sample originator under the exemption of Regulation .04-4E of
				  this chapter; or
(b) The residues
				  consist of treated material from a particular waste stream that is being
				  archived for future evaluation, subject to the following requirements:
(i) The amount of treated material from a
				  particular waste stream from treatability studies that is being archived does
				  not exceed 500 kilograms;
(ii) The
				  treated material from a particular waste stream is held for not more than 5
				  years from the date of initial receipt;
(iii) The laboratory or testing facility
				  maintains records while the treated material is being archived to demonstrate
				  that the 5-year storage limit of §A(11)(b)(ii) of this regulation has not been
				  exceeded; and
(iv) The archived
				  material, if it meets the definition of hazardous waste of COMAR
				  26.13.02.03 o, counts against the
				  total storage limit for the facility established in §A(4) of this
				  regulation;
(12) The facility notifies the Secretary by
				  letter when the facility is no longer planning to conduct any treatability
				  studies at the site;
(13) The
				  treatability study is not being used merely as a means to treat or dispose of
				  hazardous waste; and
(14) If a
				  person intends to use, in a treatability study, more than 1 kilogram of waste
				  identified in Regulation .04-4B(1)(c) of this chapter, the person:
(a) Notifies the Department of that intention
				  no later than 30 days before the initiation of the treatability
				  study;
(b) Provides the Department
				  with an explanation of why the quantity in excess of 1 kilogram is needed for
				  the study; and
(c) Provides the
				  Department with any information that the Department considers necessary to
				  evaluate:
(i) The need to use the additional
				  quantity of waste; and
(ii) Whether
				  the treatability study will be conducted in a manner consistent with the
				  protection of human health and the environment;