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Determining Your Hazardous Waste Generator Status in Maryland

Determining Your Hazardous Waste Generator Status in Maryland

In a trio of earlier articles I explained the requirements of the US EPA for determining your hazardous waste generator status.

In these articles Iwas careful to point out that the information is based solely on the Federal regulations of the US EPA.  Any State with an authorized hazardous waste program, such as Maryland, may create and enforce regulations very different from those of the US EPA, and this Maryland does.  A hazardous waste generator in Maryland therefore must ensure they are in compliance with the State of Maryland regulations otherwise known as the Code of Maryland (COMAR) in lieu of those of the US EPA found in the Code of Federal Regulations (CFR).

This article will identify and explain the regulations for determining hazardous waste generator status in Maryland.

A key distinction between the regulations of the US EPA in Title 40 of the Code of Federal Regulations (CFR) and COMAR is the difference in the recognized classifications of hazardous waste generator status.  While US EPA recognizes three hazardous waste generator status:

  1. Large Quantity Generator (LQG)
  2. Small Quantity Generator (SQG)
  3. Conditionally Exempt Small Quantity Generator (CESQG)

Maryland only recognizes two:

  1. Fully Regulated Generator – which encompasses the SQG & LQG status of the US EPA.
  2. Maryland Small Quantity Generator (SQG) – which is similar to the CESQG status of the US EPA.

Maryland does not recognize the CESQG status for generators of hazardous.

Table 1 summarizes the differences in hazardous waste generator status between the US EPA and the Maryland Department of the Environment (MDE).

Table 1:

Hazardous Waste Generator Status

Federal

State of Maryland

Large Quantity Generator

Fully Regulated Generator

Small Quantity Generator

Conditionally Exempt Small Quantity Generator

Maryland Small Quantity Generator

The requirements of COMAR Title 26, Subtitle 13, Section 02.05 for determining Small Quantity Generator status are summarized in Table 2.  In order to maintain the status of an SQG in Maryland a generator must maintain its hazardous waste at or below the levels indicated in Table 2.

Table 2:

Type of Waste

Generate

Accumulate Onsite

COMAR

Hazardous Waste

<100 kg/mo

N/A

26.13.02.05(A)(1)

Hazardous Waste

N/A

≤100 kg

26.13.02.05(D)(3)(b)

Acute Hazardous WasteCommercial Chemical Product or Manufacturing Chemical Intermediate

≤1 kg/mo

≤1 kg

26.13.02.05(C)(1,2)

Maryland Listed Hazardous WasteM001 – PCB’s >500ppm

≤1 kg/mo

≤1 kg

26.13.02.05(C)(1,2)

Acute Hazardous WasteF020, F021, F022, F023, F026, & F027

≤1 kg/mo

≤1 kg

26.13.02.05(C)(6)(a)

Maryland Listed Hazardous WasteK991, K992, K993, K994, K995, K996, K997, K998, & K999

≤1 kg/mo

≤1 kg

26.13.02.05(C)(6)(b)

Any Combination of Acute Hazardous Waste or Maryland Listed Hazardous Waste

≤1 kg/mo

≤1 kg

26.13.02.05(C)(7)

Acute Hazardous WasteSpill residue or contaminated soil

≤100 kg/mo

≤100 kg

26.13.02.05(C)(5)

 

Container with residue of EPA Listed Acute or Toxic Hazardous Waste or Maryland Listed Hazardous Waste

Any container >20 liters capacity unless RCRA Empty

Any container >20 liters capacity unless RCRA Empty

26.13.02.05(C)(3)

Inner liners with residue of EPA Listed Acute or Toxic Hazardous Waste or Maryland Listed Hazardous Waste

10 kg unless RCRA Empty

10 kg unless RCRA Empty

26.13.02.05(C)(4)

Note that for most of the criteria you may equal but not exceed the threshold amount.  However, for the amount of hazardous waste generated per calendar month your hazardous waste generation must be below 100 kg/mo.

If you are able to maintain your waste generation and accumulation at or below these thresholds as applicable, you have a reduced regulatory burden as a (Maryland) SQG, which is similar to that of the Conditionally Exempt Small Quantity Generator (CESQG) of the US EPA, requirements include:

  • Correctly identify all hazardous waste you generate.
  • Keep on-site accumulation of hazardous waste at or below 100 kg at any one time.
  • Ensure disposal of hazardous waste to a state-approved hazardous waste disposal facility.

If you exceed any of the above thresholds your status is a Fully Regulated Generator in Maryland, which is similar to the Large Quantity Generator (LQG) status of the US EPA, requirements include:

  • Correctly identify all hazardous waste you generate.
  • Submit a Notification of Hazardous Waste Activity form and obtain a US EPA ID Number.
  • Accumulate hazardous waste in a DOT-Approved container, properly labeled and marked.
  • Accumulate hazardous waste onsite for no more than the time allowed:
    • 90 days, or;
    • 180 days if the generator has ≤500 kg of hazardous waste and ≤1 kg of acute hazardous waste.
  • Document offsite shipments of hazardous waste on the Uniform Hazardous Waste Manifest to a state-approved hazardous waste disposal facility.
  • Fulfill the requirements for Emergency Preparedness and Prevention.
  • Prepare a Contingency Plan for hazardous waste emergencies.  Submit copies to state and local agencies per MDE requirements.
  • Train personnel who handle hazardous waste or who may respond to a hazardous waste emergency.
  • Submit an annual report of hazardous waste activity to the MDE.

Maryland is one of those states that takes its state-authorized hazardous waste program seriously.  Not content to mimic the Federal regulations, it has created state-specific requirements throughout the hazardous waste regulations.  While my Training Seminars are a good way to gain an overview of the regulations and see how your State fits into the picture, it’s Onsite Training where you learn exactly what is required of you by your State Environmental Agency to maintain compliance.  I do both.  Contact me for a free training consultation.