Md. Code Regs. 26.13.02.04-4

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.02.04-4 - Treatability Study Samples

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.

B. The exemption in §A of this regulation is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies, provided that all of the following conditions are met:

(1) For each process being evaluated for each generated waste stream, the generator or sample collector uses, in treatability studies, no more than:

(a) 10,000 kilograms of media contaminated with nonacute hazardous waste;

(b) 1,000 kilograms of nonacute hazardous waste, other than contaminated media;

(c) 100 kilograms of any waste that is:

(i) Identified in this chapter as an acute hazardous waste by having been assigned a hazard code of (H) in accordance with regulations .09 and .15B of this chapter; and

(ii) Not identified as an acute hazardous waste in 40 CFR Part 261 ;

(d) 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation; or

(e) 2,500 kilograms of media contaminated with acute hazardous waste;

(2) The mass of each sample shipment:

(a) Does not exceed 10,000 kilograms; and

(b) May consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to:

(i) 2,500 kilograms of media contaminated with acute hazardous waste;

(ii) 1,000 kilograms of hazardous waste other than contaminated media;

(iii) 1 kilogram of acute hazardous waste that is not contaminated media and does not meet the criteria of §B(1)(c) of this regulation; and

(iv) 100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation and is not contaminated media;

(3) The sample is packaged so that it does not leak, spill, or vaporize from its packaging during shipment;

(4) The transportation of each sample shipment complies with U. S. Department of Transportation (DOT), U. S. Postal Service (USPS), or any other applicable shipping requirements, or if the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, with the requirements of §B(5) of this regulation;

(5) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, all of the following information accompanies the sample:

(a) The name, mailing address, and telephone number of the originator of the sample;

(b) The name, address, and telephone number of the facility that will perform the treatability study;

(c) The quantity of the sample;

(d) The date of shipment; and

(e) A description of the sample, including its EPA or State hazardous waste number;

(6) The sample is shipped to a laboratory or testing facility which is exempt under Regulation .04-5 of this chapter or which has an appropriate CHS facility permit, RCRA permit, or interim status;

(7) The generator or sample collector maintains all of the following records for a period ending 3 years after completion of the treatability study:

(a) Copies of the shipping documents;

(b) A copy of the contract with the facility conducting the treatability study;

(c) Documentation showing the amount of waste shipped under this exemption;

(d) Documentation showing the name, address, and EPA identification number of the laboratory or testing facility that received the waste;

(e) Documentation showing the date the shipment was made; and

(f) Documentation showing whether or not unused samples and residues were returned to the generator; and

(8) The generator includes the information required under §B(7)(c)-(f) of this regulation with its annual or biennial report submitted under COMAR 26.13.03.06B.

C. Allowance for Additional Quantities.

(1) Quantities and Bases for Requests.

(a) The Secretary may grant requests on a case-by-case basis for quantity limits in excess of those specified in §B(1) and (2) of this regulation and Regulation .04-5A(4) of this chapter for up to an additional 500 kilograms of nonacute hazardous waste, 5,000 kilograms of media contaminated with nonacute hazardous waste, 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation, 100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation, and 2,500 kilograms of media contaminated with acute hazardous waste, to conduct further treatability study evaluation in response to requests for authorization to ship, store, and conduct treatability studies on additional quantities.

(b) In advance of the commencement of treatability studies, the Secretary may grant requests for larger quantity limits under §C(1)(a) of this regulation based on consideration of the following factors:

(i) The nature of the technology;

(ii) The type of process, for example, batch versus continuous;

(iii) The size of the unit undergoing testing, particularly in relation to scale-up considerations;

(iv) The time or quantity of material required to reach steady-state operating conditions; or

(v) Test design considerations, such as mass balance calculations.

(c) After initiation or completion of initial treatability studies, the Secretary may grant requests for larger quantity limits under §C(1)(a) of this regulation if:

(i) There has been an equipment or mechanical failure during the conduct of a treatability study;

(ii) There is a need to verify the results of a previously conducted treatability study;

(iii) There is a need to study and analyze alternative techniques within a previously evaluated treatment process; or

(iv) There is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

(2) The additional quantities allowed under §C(1) of this regulation are subject to all the provisions of §§A and B of this regulation, except for §B(1) and (2) of this regulation.

(3) In order to be granted an allowance for additional quantities, the generator or sample collector shall apply to the Secretary and provide in writing all of the following information:

(a) The reason why the generator or sample collector requires an additional quantity of sample for the treatability study evaluation and the additional quantity needed;

(b) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies, including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;

(c) A description of the technical modifications or changes in specifications which will be evaluated and the expected results;

(d) If the request for permission to exceed the quantity limits of §B(1) of this regulation is being made due to equipment or mechanical failure, information regarding the reason for the failure or breakdown, and also a description of the modifications to procedures or improvements to equipment that have been made to protect against further breakdowns; and

(e) Other information the Secretary considers necessary.

D. Allowance for Additional Time.

(1) For a treatability study involving bioremediation, the Secretary may grant requests on a case-by-case basis for an extension of the deadline for completing the treatability study under Regulation .04-5A(5) of this chapter.

(2) The Secretary may grant an extension of up to 2 years under §D(1) of this regulation.

(3) A person shall manage samples that are being used in a treatability study for which the completion deadline has been extended in accordance with all of the requirements of §A of this regulation and §B(3)-(8) of this regulation.

(4) A person seeking an extension of time under §D(1)-(2) of this regulation shall:

(a) Make a written request for the extension to the Secretary; and

(b) Provide, as part of the written request for the extension:

(i) The reason why the person requires additional time for the completion of the treatability study;

(ii) The information listed in §C(3)(b) and (c) of this regulation;

(iii) If the request for the extension is being made due to equipment or mechanical failure, information regarding the reason for the failure or breakdown, and also a description of the modifications to procedures or improvements to equipment that have been made to protect against further breakdowns; and

(iv) Other information the Secretary considers necessary.

E. Return of Samples and Residues from Treatability Studies.

(1) Subject to §E(3) of this regulation, a person who has generated or collected a sample for the purpose of conducting a treatability study may receive shipments of the following from the laboratory or testing facility that conducted the treatability study:

(a) Unused portions of the sample; and

(b) Residues generated in conducting the treatability study on the sample.

(2) Until they are accepted by the sample generator or collector to whom they are being sent, the materials identified in §E(1)of this regulation:

(a) Are not subject to:

(i) Any requirement of COMAR 26.13.02-26.13.04 other than those of §E(3) of this regulation; or

(ii) The notification requirements of § 3010 of RCRA; and

(b) Are not included in the quantity determinations of Regulation .05 of this chapter and COMAR 26.13.03.03-4C(3).

(3) A person managing the materials identified in §E(1) of this regulation shall assure that the materials are managed in accordance with the following requirements until the materials are accepted by the sample generator or collector to whom they are being sent:

(a) For unused portions of samples that are being returned, the person shall comply with the requirements of §B(3)-(5) of this regulation, which concern packaging, shipping requirements, and information required to accompany shipments;

(b) For residues generated in conducting treatability studies, the person shall comply with the requirements of §B(3)-(5) of this regulation, except that where the word "sample" appears in §B(3)-(5) of this regulation, the person shall substitute "treatability study residue"; and

(c) A laboratory or testing facility that sends a shipment of treatment residues to a sample generator or collector as provided for in §E(1) of this regulation shall maintain the following records for a period ending 3 years after completion of the treatability study that generated the residues:

(i) Copies of the shipping documents required by §E(3)(a) and (b) of this regulation;

(ii) Documentation showing the amount of treatment residues shipped;

(iii) Documentation showing the name and address of the sample generator or collector to whom the shipment was sent; and

(iv) Documentation showing the date the shipment was made.

(4) Once the sample generator or collector accepts the materials identified in §E(1) of this regulation, the sample generator or collector shall:

(a) Determine whether those materials meet the definition of hazardous waste under Regulation .03 of this chapter; and

(b) Manage materials that meet the definition of hazardous waste in accordance with the requirements of COMAR 26.13.01-26.13.10.

F. In order to qualify for the exemption in §A(1) of this regulation, the mass of a sample that will be exported to a foreign laboratory or testing facility or that will be imported to a U.S. laboratory or testing facility from a foreign source may not exceed 25 kilograms.

Md. Code Regs. 26.13.02.04-4

Regulations .04-4 effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .04-4B amended effective May 5, 1997 (24:9 Md. R. 659)
Regulation .04-4 amended effective May 1, 2008 (35:8 Md. R. 809); amended effective 48:9 Md. R. 359, eff. 5/3/2021; amended effective 49:1 Md. R. 14, eff. 1/13/2022