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 - Materials Which Are Not Solid Wastes

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following materials are not solid
				  wastes for the purpose of this chapter:
(1)
				  Domestic sewage, as defined in §B of this regulation,that passes through a
				  sewer system to a publicly owned treatment work for treatment;
(2) Industrial wastewater discharges that are
				  point source discharges permitted pursuant to § 402 of the Clean Water Act, as
				  amended, or permitted pursuant to Environment Article, §§
											9-324 -9-332, Annotated
				  Code of Maryland;
(3) Irrigation
				  return flows;
(4) Materials
				  subjected to in situ mining techniques which are not removed from the ground as
				  part of the extraction process;
(5)
				  Black liquor or other pulping liquors that are reclaimed in a pulping liquor
				  recovery furnace and then reused in the pulping process, unless it is a
				  material accumulated speculatively as defined in Regulation .01D of this
				  chapter;
(6) Spent sulfuric acid
				  used to produce virgin sulfuric acid, unless it is a material accumulated
				  speculatively as defined in Regulation .01D of this chapter;
(7) Secondary materials that are reclaimed
				  and returned to the original process or processes in which they were generated
				  where they are reused in the production process if:
(a) Only tank storage is involved, and the
				  entire process through completion of reclamation is closed by being entirely
				  connected with pipes or other comparable enclosed means of
				  conveyance;
(b) Reclamation does
				  not involve controlled flame combustion, such as occurs in boilers, industrial
				  furnaces, or incinerators;
(c) The
				  secondary materials are never accumulated in the tanks for over 12 months
				  without being reclaimed; and
(d)
				  The reclaimed material is neither used to produce a fuel, nor used to produce
				  products that are used in a manner constituting disposal;
(8) EPA hazardous waste numbers K060, K087,
				  K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke
				  by-products processes that are hazardous only because they exhibit the toxicity
				  characteristic (TC) specified in Regulation .14 of this chapter if:
(a) Subsequent to generation, these materials
				  are recycled to coke ovens or to the tar recovery process as a feedstock to
				  produce coal tar, or are mixed with coal tar before the tar's sale or refining;
				  and
(b) There is no land disposal
				  of the wastes from the point at which they are generated to the point at which
				  they are mixed with coal tar, or the point at which they are recycled to coke
				  ovens, tar recovery processes, or tar refining processes;
(9) The following wastes from wood
				  preserving, as qualified by §C of this regulation:
(a) Spent wood-preserving solutions that have
				  been reclaimed and are reused for their original intended purpose;
(b) Wastewaters from the wood-preserving
				  process that have been reclaimed and are reused to treat wood; and
(c) Before reuse, the wood-preserving
				  wastewaters and spent wood-preserving solutions described in §A(9)(a) and (b)
				  of this regulation if they meet all of the following conditions:
(i) The wood-preserving wastewaters and spent
				  wood-preserving solutions are generated from processes that use waterborne
				  preservatives;
(ii) The
				  wood-preserving wastewaters and spent wood-preserving solutions are reused
				  on-site in the production process for their originally intended purpose at
				  plants using waterborne preservatives in the production process;
(iii) Before reuse, the wastewaters and spent
				  wood-preserving solutions are managed to prevent release to land and ground
				  water;
(iv) Any unit used to manage
				  wastewaters or spent wood-preserving solutions or both before reuse can be
				  evaluated visually or by other means to verify that the unit is capable of
				  containing and preventing these materials from being released to the
				  environment;
(v) Any drip pad used
				  to manage the wastewaters, spent wood-preserving solutions, or both before
				  reuse is in compliance with the standards of COMAR
				  26.13.06.26, regardless of whether
				  the plant generates a total of less than 100 kilograms per month of hazardous
				  waste;
(vi) Before operating under
				  the exclusion provided by §A(9)(c) of this regulation, the plant owner or
				  operator submits a one-time notification to the Secretary stating that the
				  plant intends to claim the exclusion and giving the date on which the plant
				  intends to begin operating under the exclusion;
(vii) The plant owner or operator includes,
				  in the notification required by §A(9)(c)(vi) of this regulation, the following
				  statement: "I have read the applicable regulation establishing an exclusion for
				  wood-preserving wastewaters and spent wood-preserving solutions and understand
				  it requires me to comply at all times with the conditions set out in the
				  regulation."; and
(viii) The plant
				  maintains a copy of the notification required by §A(9)(c)(vi) of this
				  regulation in its on-site records for a period of not less than 3 years from
				  the date specified in the notification;
(10) Nonwastewater splash condenser dross
				  residue from the treatment of K061 in high temperature metals recovery units,
				  if this material is:
(a) Shipped in drums if
				  it is shipped; and
(b) Not
				  land-disposed before recovery;
(11) Excluded scrap metal being recycled,
				  including the following as defined and qualified in Regulation .01D of this
				  chapter:
(a) Processed scrap metal;
(b) Unprocessed home scrap metal;
				  and
(c) Unprocessed prompt scrap
				  metal;
(12) Shredded
				  circuit boards being recycled if they are:
(a) Stored in containers sufficient to
				  prevent a release to the environment before recovery; and
(b) Free of mercury switches, mercury relays,
				  nickel-cadmium batteries, and lithium batteries;
(13) Spent caustic solutions from petroleum
				  refining liquid treating processes used as a feedstock to produce cresylic acid
				  or naphthenic acid if the spent caustic solutions are not:
(a) Placed on the land; or
(b) Material accumulated speculatively as
				  defined in Regulation .01D of this chapter;
(14) Condensates derived from the overhead
				  gases from kraft mill steam strippers that are used to comply with
				  40 CFR §
												63.446(e) if the condensates
				  are combusted at the mill at which the condensates are generated;
(15) Oil-bearing hazardous secondary
				  materials, that is, sludges, byproducts, or spent materials, that are generated
				  at a petroleum refinery (SIC code 2911), when:
(a) The secondary materials are inserted into
				  the petroleum refining process (SIC code 2911), including, but not limited to,
				  distillation, catalytic cracking, fractionation, or thermal cracking units,
				  that is, "cokers";
(b) The
				  material, before it is inserted into the petroleum refining process:
(i) Is not placed on the land; and
(ii) Is not a material accumulated
				  speculatively as defined in Regulation .01D of this
				  chapter;
(c) If the
				  material is inserted into a thermal cracking unit, the coke product does not
				  exhibit a characteristic of hazardous waste defined in Regulations .10-.14 of
				  this chapter; and
(d) The
				  oil-bearing secondary hazardous material is either:
(i) Inserted into the same petroleum refinery
				  where it is generated; or
(ii) Sent
				  directly to another petroleum refinery;
(e) Except as provided in §A(16) of this
				  regulation, the oil-bearing hazardous secondary material was not generated
				  elsewhere in the petroleum industry, that is, from a source other than a
				  petroleum refinery; and
(f)
				  Residuals generated from recycling or processing oil-bearing hazardous
				  secondary materials excluded under this provision that, as generated, would
				  have otherwise met a listing under Regulations .15-.19 of this chapter are
				  designated as listed wastes with EPA hazardous waste number F037 if disposed of
				  or intended for disposal;
(16) Recovered oil that is recycled by being
				  inserted into the petroleum refining process, as described in §A(15) of this
				  regulation, subject to the following:
(a) For
				  the purposes of this section, "recovered oil" means oil that has been reclaimed
				  from wastewater or other secondary materials generated from normal petroleum
				  industry practices, including refining, exploration and production, bulk
				  storage, and transportation incident to these activities (SIC codes 1311, 1321,
				  1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and
				  5172);
(b) For the purposes of this
				  section, "recovered oil" does not mean:
(i)
				  Oil-bearing hazardous wastes listed in Regulations .16-.19 of this chapter,
				  except that oil recovered from these wastes may be considered recovered oil;
				  or
(ii) Used oil as defined in
				  COMAR 26.13.01.03B;
				  and
(c) The conditions of
				  §A(15)(b), (c), and (f) of this regulation are met;
(17) Petrochemical recovered oil from an
				  associated organic chemical manufacturing facility that is to be inserted into
				  the petroleum refining process (SIC code 2911) along with normal petroleum
				  refining process streams, subject to the following:
(a) For the purposes of this section,
				  "associated organic chemical manufacturing facility" means a facility:
(i) Where the primary SIC code is 2869, but
				  where operations may also include SIC codes 2821, 2822, and 2865;
(ii) That is physically co-located with a
				  petroleum refinery; and
(iii) That
				  receives hydrocarbon feedstocks from the refinery to which the recovered oil is
				  being sent for recycling;
(b) For the purposes of this section,
				  "petrochemical recovered oil" means oil that has been:
(i) Reclaimed from secondary materials, that
				  is, sludges, byproducts, or spent materials, including wastewater, from normal
				  organic chemical manufacturing operations; or
(ii) Recovered from organic chemical
				  manufacturing processes;
(c) The oil would otherwise be regulated as a
				  hazardous waste only because it exhibits the characteristic of ignitability of
				  Regulation .11 of this chapter, the toxicity characteristic for benzene as
				  defined in Regulation .14 of this chapter, or both; and
(d) Before the oil generated by the organic
				  chemical manufacturing facility is recycled into the petroleum refining
				  process, it is not:
(i) Placed on the land;
				  or
(ii) A material accumulated
				  speculatively as defined in Regulation .01D of this chapter; and
(18) A used cathode ray
				  tube (CRT) under the following conditions:
(a) A used, intact CRT, as defined in COMAR
				  26.13.01.03B,
				  that is within the United States that:
(i)
				  Has not been disposed; and
(ii) Is
				  not material accumulated speculatively, as defined in Regulation .01D of this
				  chapter, by a CRT collector or a facility engaged in CRT
				  processing;
(b) A used,
				  intact CRT that is being exported for recycling, if it is managed in accordance
				  with the requirements of Regulation .19-8A of this chapter;
(c) A used, broken CRT as defined in COMAR
				  26.13.01.03B, if
				  it is managed in accordance with the requirements of Regulations .19-6 and
				  .19-7 of this chapter; and
(d)
				  Glass removed from a CRT if it is managed in accordance with the requirements
				  of Regulation .19-6D of this chapter