Maryland Hazardous Waste Determination regulations & environmental compliance analysis

Maryland Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Identification and classification of hazardous waste: Code of Maryland Regulations (COMAR) 26.13.02.01 to 26.13.02.26

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Exclusions:

Solid waste exclusions: COMAR 26.13.02.04

Hazardous waste exclusions: COMAR 26.13.02.04-1

Regulatory Agency

Maryland Department of the Environment (MDE) Land Management Administration Hazardous Waste Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Maryland follows the federal regulations for identifying and classifying hazardous waste, but has not adopted all of the federal exclusions from the definitions of solid and hazardous waste. Maryland also adds state wastes to the federal lists of hazardous wastes.

Administration and enforcement. MDE's Land Management Administration administers and enforces Maryland's hazardous waste identification and classification requirements.

State Requirements

EXCLUSIONS

The state's definition of what constitutes waste and hazardous waste in Maryland is more stringent than the federal rules, because Maryland does not follow all of the federal exclusions regarding what constitutes waste and hazardous waste. Check with MDE to see if they have yet adopted any federal exclusion that is relevant to your facility. The federal exemptions are reviewed in the national section HAZWASTE DETERMINATION (CLASSIFICATION).

Solid Waste Exclusions

COMAR 26.13.02.04

The state has not adopted the exclusions from the definition of solid waste found at 40 CFR 261.4(a)(4), 40 CFR 261.4(a)(17), 40 CFR 261.4(a)(20) to 40 CFR 261.4(a)(25), and relating to, in summary:

  • Source, special nuclear, or by-product material
  • Spent materials ...

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