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The Regulatory Requirements of a Maryland Small Quantity Generator

The Regulatory Requirements of a Maryland Small Quantity Generator

The Federal regulations of the USEPA recognize three status of hazardous waste generators under the regulations of the Resource Conservation and Recovery Act (RCRA), they are:

  • Large Quantity Generator (LQG).
  • Small Quantity Generator (SQG).
  • Conditionally Exempt Small Quantity Generator (CESQG).

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Hazardous Waste Training and HazMat Employee Training in Maryland

Maryland has an authorized Hazardous Waste Program

As a state with an authorized hazardous waste program Maryland has the authority to make its regulations more strict than those of the USEPA, and it has.  Unlike the USEPA, the Maryland Department of Environment (MDE) identifies only two hazardous waste generator status:

  • Fully Regulated Generator, which includes those who would be SQGs and LQGs under USEPA regulations.
  • Maryland Small Quantity Generator, which is roughly equivalent to the USEPA CESQG status.

In an earlier article I explained the process for determining your hazardous waste generator status in Maryland and briefly summarized the generator requirements.  The purpose of this article is to more thoroughly explain the regulatory requirements of a Maryland Small Quantity Generator of hazardous waste.

If you have determined for certain that you are a Maryland Small Quantity Generator of hazardous waste, you must then refer to the Code of Maryland Regulations (COMAR) at – Special Requirements for Hazardous Waste Generated by Small Quantity Generators.  You can read the regulations for yourself, I won’t reprint them here, but the essential requirements are:

  • Your generation of hazardous waste (including the Maryland Listed hazardous waste M001 for PCB concentrations of >500 ppm) and acute hazardous waste must be maintained below the regulatory threshold for a Maryland SQG (refer to Table 2 in Determining Your Hazardous Waste Generator Status in Maryland for these threshold amounts).  In this reads as,

Except for those wastes identified in §§ B, C, D, and E(2) of this regulation…

  • If you generate >200 kg/year of spent fluorescent lamps that are a characteristic toxic hazardous waste (eg. contain leachable concentrations of lead or mercury), they must be delivered to a facility for reclamation or recycling; they cannot be sent to disposal at a landfill.  In this reads as,

…and except as specified in §G of this regulation…

  •  Maryland SQGs are not subject to most of the regulatory requirements for a Fully Regulated Generator identified in the Maryland regulations and the notification requirements of RCRA.  The requirements of a Fully Regulated Generator in Maryland include but are not limited to:
    • Identify all hazardous wastes generated.
    • Complete a Notification of Hazardous Waste Activity form and obtain a USEPA identification number for your site.
    • Accumulate hazardous waste in a USDOT-approved container that is marked and labeled per USDOT Hazardous Material Regulations.
    • Accumulate hazardous waste or acute hazardous waste on-site for no more than 180 days if no more than 500 kg of hazardous waste or 1 kg of acute hazardous waste is present.  So, ≤180 days on-site if ≤500 kg of hazardous waste and ≤1 kg acute hazardous waste.
    • Accumulate hazardous waste or acute hazardous waste on-site for no more than 90 days if more than 500 kg of hazardous waste or 1 kg of acute hazardous waste is present.  And, ≤90 days on-site if >500 kg of hazardous waste or >1 kg acute hazardous waste.
    • Off-site shipments of hazardous waste must be accompanied by a Uniform Hazardous Waste Manifest and must be delivered to a RCRA Subtitle C permitted hazardous waste facility.
    • Undertake emergency preparedness measures.
    • Prepare and submit to local emergency response agencies a Contingency Plan.
    • Annually train all facility personnel to ensure their knowledge of regulatory requirements.
      HazMat Employee and RCRA Training

      Annual training is required per the regulations of the MDE

    • Submit annual report of generation and off-site shipment of hazardous waste.
    • Comply with Land Disposal Restrictions for all hazardous waste.

In this reads as,

…if a person generates, in a calendar month, a total of less than 100 kilograms (approximately 220 pounds) of hazardous wastes, those wastes are not subject to regulation under COMAR 26.13.03-26.13.07 and 26.13.10 and the notification requirements of §3010 of RCRA…

  •  The sole requirements for a Maryland SQG are:
    • Maintain compliance with §B for hazardous wastes that are disposed of by thermal destruction.
    • Complete the hazardous waste determination required by COMAR  Though a written record of the documentation is not required, it is a good idea.
    • Treat or dispose of the hazardous waste on-site or ensure off-site delivery to a RCRA Subtitle C permitted hazardous waste facility if in Maryland.  If disposal is outside of Maryland, a municipal solid waste landfill may be OK if that state approves.
    • Don’t accumulate on-site at any one time >1 kg of acute hazardous waste or >100 kg of hazardous waste.  This differs from USEPA regulations that limit on-site accumulation for a CESQG to <1,000 kg.

In this reads as,

…provided the generator complies with the requirements of §§ B, D, E, and F of this regulation.

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If you are the generator of hazardous waste of any amount in Maryland, I suggest you contact me to provide Onsite Training that will ensure your compliance with the requirements of COMAR.  And please note that the Hazardous Material Regulations of the USDOT/PHMSA – including the requirement to provide triennial training for all HazMat Employees – will apply no matter what quantity of hazardous materials you ship or receive.  Contact me for a free training consultation.

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