Md. Code Regs. 26.13.02.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.13.02.06 - Requirements for Recyclable Materials

A. General.

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of §§B and C of this regulation except for the materials listed in §§A(2) and A-1 of this regulation. Hazardous wastes that are recycled will be known as "recyclable materials". Recyclable materials, except as otherwise provided in §§A(2), A-1, or C(1) of this regulation or COMAR 26.13.10, are not controlled hazardous substances (CHS) for purposes of COMAR 26.13.07.

(2) Exemption from Regulation.

(a) The following recyclable materials are not CHS for purposes of the regulations indicated:

(i) Recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these are not CHS for the purposes of COMAR 26.13.05.01-.04, .05A, D-H, and .06-.24, 26.13.06, and 26.13.07, if these materials are not accumulated speculatively as defined in Regulation .01D of this chapter;

(ii) Spent lead-acid batteries that are recyclable materials are not CHS for the purposes of COMAR 26.13.03, 26.13.04, 26.13.05.02D, .05B, C, .13-.24, and 26.13.06, and, for persons who store but do not reclaim, are not CHS for the purposes of COMAR 26.13.05, 26.13.06, and 26.13.07.

(b) The following recyclable materials are not subject to the requirements of this section but are regulated under either COMAR 26.13.05.16, 26.13.06.23, or 26.13.10 and all applicable provisions in COMAR 26.13.07 and 26.13.09:

(i) Recyclable materials used in a manner constituting disposal;

(ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are regulated under COMAR 26.13.05.16 or 26.13.06.23, and COMAR 26.13.07.05;

(iii) Recyclable materials from which precious metals are reclaimed; or

(iv) Spent lead-acid batteries that are being reclaimed under COMAR 26.13.10.

A-1. Exclusions.

(1) The following recyclable materials are not CHS for purposes of the regulations indicated:

(a) Industrial ethyl alcohol that is reclaimed is not a CHS for purposes of COMAR 26.13.03-26.13.09, except that exports and imports are subject to the requirements of 40 CFR Part 262, Subpart H, as made applicable in COMAR 26.13.03.07;

(b) Scrap metal that is not excluded under Regulation .04A(11) of this chapter, for purposes of COMAR 26.13.03-26.13.07; and

(c) Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if those wastes result from normal petroleum refining, production, and transportation practices, for purposes of COMAR 26.13.03-26.13.07 and 40 CFR Part 268 .

Agency Note: The exclusion of §A-1(1)(c) of this regulation does not apply to fuels produced from oil recovered from oil-bearing hazardous waste in cases where the recovered oil is already excluded under Regulation .04A(15) and (16) of this chapter.

(2) The following recyclable materials are not subject to regulation under COMAR 26.13.03-26.13.07 and are not subject to the regulations indicated, 40 CFR Part 268, or the notification requirements of § 3010 of RCRA:

(a) Industrial ethyl alcohol that is reclaimed is not subject to COMAR 26.13.03-26.13.07, except for the requirements specified in §D of this regulation;

(b) Scrap metal that is not excluded under Regulation .04A(11) of this chapter;

(c) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from any of these hazardous wastes if:

(i) The hazardous wastes from which the fuel is produced are reintroduced into a process that does not use distillation or does not produce products from crude oil;

(ii) The fuel meets the used oil fuel specification under COMAR 26.11.09.10B; and

(iii) No other hazardous wastes are used to produce the hazardous waste fuel;

(d) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, if:

(i) The hazardous waste from which the fuel is produced are reintroduced into a refining process after a point at which contaminants are removed; and

(ii) The fuel meets the used oil specification under COMAR 26.11.09.10B; and

(e) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices if the reclaimed oil:

(i) Is burned as a fuel without reintroduction to a refining process: and

(ii) Meets the used oil specification under COMAR 26.11.09.10B.

(3) Used oil is not subject to the requirements of 40 CFR Part 268, COMAR 26.13.03-26.13.04.01D(3) and 26.13.04.01E-26.13.07, but is regulated instead under COMAR 26.13.10.05 and 26.10.15 if it:

(a) Would be regulated as a hazardous waste solely because it exhibits a characteristic of hazardous waste under Regulations .11-.14 of this chapter; and

(b) Is recycled by being reused, following its original use, for any beneficial purpose, through such means as re-refining, reclamation, burning for energy recovery, or reprocessing.

B. Generators and transporters of recyclable materials are subject to the applicable requirements of COMAR 26.13.03-26.13.04 and the notification requirements under § 3010 of RCRA, except as provided in §§A(2) and A-1 of this regulation.

C. Storage of Recyclable Materials.

(1) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of COMAR 26.13.01-26.13.10 and the notification requirements under § 3010 of RCRA, except as provided in §§A(2) and A-1 of this regulation.

(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in §A(1) of this regulation:

(a) Notification requirements under § 3010 of RCRA; and

(b) COMAR 26.13.05.05B and C.

Md. Code Regs. 26.13.02.06

Regulations .06 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulations .06 and new Regulation .06 adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .06 amended effective December 23, 1991 (18:25 Md. R. 2759)
Regulations .06B amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .06A amended effective May 24, 1993 (20:10 Md. R. 853); August 28, 1995 (22:17 Md. R. 1321); September 10, 1997 (24:5 Md. R. 413); September 7, 1998 (25:18 Md. R. 1438)
Regulation .06D adopted effective August 28, 1995 (22:17 Md. R. 1321)
Regulation .06 amended effective May 1, 2008 (35:8 Md. R. 809)
Regulation .06A amended effective November 1, 2002 (29:21 Md. R. 1647)
Regulation .06E adopted effective November 1, 2002 (29:21 Md. R. 1647); amended effective 49:1 Md. R. 14, eff. 1/13/2022