Md. Code Regs. 26.13.02.04-5

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

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

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;

B. Mobile Treatment Units.

(1) A mobile treatment unit may qualify as a testing facility subject to §A of this regulation.

(2) When a group of mobile treatment units are located at the same site, the limitations specified in §A of this regulation apply to the entire group of mobile treatment units collectively as if the group were one mobile treatment unit.

Md. Code Regs. 26.13.02.04-5

Regulations .04-5 effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .04-5 amended effective May 1, 2008 (35:8 Md. R. 809); amended effective 48:9 Md. R. 359, eff. 5/3/2021