Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Maryland generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
Maryland uses the EPA Standard Form 8700-12 to apply for an EPA ID number. Send the completed forms to: Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230, Attn: Floyd Owens.
2. How do I determine my generator status?
Maryland has its own generator classifications and definitions. LQGs are called "fully regulated generators," that generate 100 kilograms (kg) (220 lb) or more of hazardous waste or more than 1 kg (2.2 lb) of acutely hazardous waste per calendar month. SQGs generate less than 100 kg of hazardous waste or less than 1 kg of acutely hazardous waste per calendar month. Maryland does not have a CESQG classification.
3. How can I tell if the waste materials I handle are considered
Maryland generally follows the federal rules for defining hazardous wastes, but has not adopted all of the exclusions for waste and hazardous waste.Maryland does not exclude specific hazardous waste from the federal hazardous waste definition; nor has it adopted all of the federal exemptions form the mixture rule and derived-from rules.Maryland has not adopted the exclusions for injected groundwater that is hazardous only because it exhibits the Toxicity Characteristic that is re-injected through an underground injection well; or leachate or gas condensate collected from landfills where certain solid wastes have been disposed Maryland has its own "listed wastes" that include additional sludges and residues, and material that contain polychlorinated biphenyls (PCBs).
4. How long can I store hazardous wastes on site?
Maryland somewhat follows the federal rules for storing hazardous wastes and has more stringent state requirements.TSDF's must meet state-specific requirements for a certificate of necessity, annual permit fees, and more stringent permit conditions.LQGs and owners and operators of permitted facilities using containers to store hazardous waste must comply with the federal container containment system requirements and Maryland's additional drainage control standard for container containment systems. All new tanks used for hazardous waste storage must have a secondary containment system.Generators that accumulate hazardous waste in tanks must provide specific information to MDE when storing hazardous waste in the tanks without a permit. This includes the date of tank installation; secondary containment capacity; tank location; underground tank inspection ability; and the waste code of each waste.Generators must at least once a day, inspect the overfill controls of their hazardous waste storage tanks Generators storing hazardous waste in containers or tanks must maintain an inspection log or summary that documents inspections performed in compliance with applicable law; inspection time and date; inspector name; observation; and repairs or other action taken with the date. This must be kept on file for at least three years. On order to maintain status as an SQG, generators must follow strict and specific limits for the generation and accumulation of hazardous wastes, including commercial product or manufacturing chemical intermediates; off-specification commercial and manufacturing chemical products; certain listed wastes; combinations of waste: containers; inner liners; and acutely hazardous waste.Maryland does not follow the federal rule that the facility owner or operator has three days to remove the excess accumulated waste from the satellite area once the quantity limitation has been reached.
5. Who can transport and receive the wastes I ship off site?
Maryland generally follows the federal rules for shipping hazardous wastes to a TSD.Transporters who carry controlled hazardous substances must obtain a CHS Hauler Certificate from MDE prior to transporting the waste and display in on their vehicle
6. What records do I have to keep?
Maryland follows the federal rules for recordkeeping.Hazardous waste transporters must keep their controlled hazardous substance (CHS) hauler certificate in the vehicle at all times.Drivers must keep their CHS driver certificate in the cab of the CHS vehicle at all times.
7. Do I have to file reports?
Maryland follows the federal rules for reporting. All generators using a manifest to ship their hazardous waste are required to submit a biennial report. This includes all LQGs and any SQG that manifests its wastes.
8. What training requirements do I have to meet?
Maryland follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Maryland these differences include:
Hazardous Waste From Specific Sources (COMAR 26.13.02.17): Primary Copper, K064; Primary Lead, K065; Primary Zinc, K066; Primary Zinc, K067; Primary Zinc, K068; Ferroalloys, K090 & K091; Military K991, K992, K993, K994, K995, K996, K997, K998 and K999. Hazardous Waste from Specific Sources (State) (COMAR 26.13.02.18): Organic Chemical, MD01; Military, MD02 and MD03. Discarded Commercial Chemical Products, Off-Specification Species, Containers, and Spill Residues of These (COMAR 26.13.02.19): MX 01: "Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any commercial chemical product or manufacturing chemical product or manufacturing chemical intermediate having the generic name listed in §E or G or mixtures containing polychlorinated biphenyls (PCBs) at concentrations greater than 50 ppm."; M001: Polychlorinated biphenyls (PCB)(above 500 ppm); and MT01: Polychlorinated biphenyls (50 to 500 ppm).
Maryland has not adopted the federal provision that exempts SQGs from the manifest requirements if the SQG has a contractual agreement with a facility that reclaims hazardous waste.
The generator must immediately send MDE the portion of the manifest that describes the characteristic of the waste if the generator is within Maryland or is shipping waste to a TSDF within the state. The generator must send a copy of the manifest to the destination state if the destination state is other than Maryland.
Maryland has shorter time limits for filing exception reports than the federal regulations.
Other Notes, Comments:: None.
10. What are some other differences between federal and state
Maryland uses its own manifest form that has additional requirements.LQGs must comply with the state's emergency procedures requirement, and must also report any release, fire, or explosion if it exceeds the reportable quantities under federal law.LQGs must comply with the state's drainage control standards for container containment systems.SQGs that remove hazardous waste from the site of generation and accumulate it for thermal destruction must meet strict thermal destruction requirements.
- Horacio Tablada, Director, Waste Management Administration, (410) 537-3304 (Director) and (410) 537-3344 (Hazardous Waste Info), firstname.lastname@example.org