Md. Code Regs. 26.13.02.26

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

Section 26.13.02.26 - Wastes Excluded Under COMAR 26.13.01.04A and C

A. Wastes with State Hazardous Waste Number MD02.

(1) In accordance with COMAR 26.13.01.04 o A and C, wastes that are residuals from the decontamination of the chemical warfare agents identified in §A(2) of this regulation that would otherwise be assigned State Hazardous Waste Number MD02 are excluded from the list of hazardous wastes in Regulation .18 of this chapter if the decontamination:

(a) Has been conducted according to the protocol presented in § 4.2 of the report "To Support the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources COMAR 10.51.02.16 a and 10.51.02.16 a -1 K991-K999 and Residues from K991-K999" (U.S. Army Chemical Research, Development and Engineering Center, Aberdeen Proving Ground, Maryland, 1988), which is incorporated by reference; and

(b) Is performed at a facility located at the U.S. Army Aberdeen Proving Ground that is operated by:

(i) The Edgewood Chemical Biological Center or a successor organization; or

(ii) The Medical Research Institute of Chemical Defense or a successor organization. (Agency note: The document cited in §A(1)(a) of this regulation was subsequently retitled and republished without other changes by the U. S. Army Chemical Research, Development and Engineering Center as "Support for the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources (State) MD02 in COMAR 10.51.02.16 a -1", Report Number CRDEC-TR-009, November 1988.)

(2) The exclusion of §A(1) of this regulation is applicable to residuals from the decontamination of the following chemical warfare agents:

(a) Ethyl dimethylamidocyanophosphate, also known by the common names GA and Tabun and the following alternate chemical names:

(i) Ethyl N,N dimethylphosphoramidocyanidate; and

(ii) Dimethylamidoethoxyphosphoryl cyanide;

(b) Isopropyl methanefluorophosphonate, also known by the common names GB and Sarin and the following alternate chemical names:

(i) Isopropyl methylphosphonofluoridate; and

(ii) Isopropyl ester of methylphosphonofluoridic acid;

(c) 3,3-dimethyl-n-but-2-yl methylphosphonofluoridate, also known by the common names GD and Soman and the following alternate chemical names:

(i) Pinacolyl methylphosphonofluoridate;

(ii) 1,2,2-trimethylpropyl methylphosphonofluoridate; and

(iii) Pinacoloxymethylphosphoryl fluoride;

(d) O-ethyl S-(2-diisopropyl-aminoethyl) methylphosphonothioate, also known by the common name VX;

(e) Chlorovinylarsine dichloride, also known by the common names L and Lewisite, and the following alternate chemical names:

(i) Dichloro (2-chlorovinyl) arsine; and

(ii) 2-chlorovinyldichloroarsine; and

(f) Bis(2-chloroethyl) sulfide, also known by the common names sulfur mustard, H, HS, and HD.

B. Wastes with State Hazardous Waste Number MD03. In accordance with COMAR 26.13.01.04 a A and C, wastes that are residuals from the decontamination and treatment of the waste chemical warfare agents having Hazardous Waste Numbers K991-K995 or K997 that would otherwise be assigned State Waste Hazardous Number MD03 are excluded from the list of hazardous wastes in Regulation .18 of this chapter if the decontamination and treatment:

(1) Has been conducted according to the protocol presented in § 4.2 of the report "To Support the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources COMAR 10.51.02.16 a and 10.51.02.16 a -1 K991-K999 and Residues from K991-K999" (U.S. Army Chemical Research, Development and Engineering Center, Aberdeen Proving Ground, Maryland, 1988), which is incorporated by reference; and

(2) Is performed at a facility located at the U.S. Army Aberdeen Proving Ground that is operated by the Edgewood Chemical Biological Center or a successor organization. (Agency note: The document cited in §B(1) of this regulation was subsequently retitled and republished without other changes by the U. S. Army Chemical Research, Development and Engineering Center as "Support for the Delisting of Decontaminated Liquid Chemical Surety Materials as Listed Hazardous Waste from Specific Sources (State) MD02 in COMAR 10.51.02.16 a -1", Report Number CRDEC-TR-009, November 1988.)

C. HD Hydrolysate. In accordance with COMAR 26.13.01.04 a A and C, HD hydrolysate, the effluent from the chemical neutralization by a hydrolysis reaction of waste chemical warfare agent HD (Hazardous Waste Number K997), that would otherwise be assigned State Hazardous Waste Number MD03, is excluded from the list of hazardous wastes in Regulation .18 of this chapter if:

(1) The HD hydrolysate is produced as a result of a hydrolysis reaction between HD and water in a low temperature, low pressure environment, that is, at a temperature on the order of 200 degrees Fahrenheit and a pressure on the order of 30 pounds per square inch absolute;

(2) Analysis of a representative sample of the HD hydrolysate, using a method acceptable to the Secretary, demonstrates that the concentration of HD in the hydrolysate is nondetect with a method detection limit of 20 parts per billion or less; and

(3) The HD hydrolysate is solely produced at the U.S. Army Aberdeen Proving Ground, Aberdeen Chemical Agent Neutralization Facility, Aberdeen Proving Ground, Maryland under:

(a) A controlled hazardous substances treatment facility permit issued by the Department; or

(b) An order issued under authority of Environment Article, § 7-207(a), Annotated Code of Maryland.

D. Exclusion of Wastes Generated by Organizations Not Identified in §§A-C of this Regulation. A waste having State Hazardous Waste Number MD02 or MD03, that is generated by an organization at the U.S. Army Aberdeen Proving Ground not identified in §§A-C of this regulation, may be excluded from the list of hazardous wastes in Regulation .18 of this chapter if the generator of the waste:

(1) Ensures that the waste will be generated from a treatment or decontamination process or will be subjected to a treatment or decontamination process that is identified in §§A-C of this regulation;

(2) Provides the Secretary with a written notification that includes:

(a) A statement that the generator believes that the waste should be excluded from the list of hazardous wastes in Regulation .18 of this chapter;

(b) The identity of the generator and the facility where the waste will be generated, decontaminated, or treated; and

(c) A description of how the waste will be generated, decontaminated or treated, and why the generator believes it should be excluded from the list of hazardous wastes in Regulation .18 of this chapter;

(3) Provides the Secretary with additional information that the Secretary may consider necessary to evaluate the appropriateness of excluding the waste; and

(4) Receives written approval of the exclusion from the Secretary.

Md. Code Regs. 26.13.02.26

Regulation .26 adopted effective March 6, 1989 (16:4 Md. R. 498)
Regulations .26 repealed and new Regulation .26 adopted effective July 8, 2002 (29:13 Md. R. 992)