1. A. Classification of Special Medical Waste for Transport.

   1. (1) Before transporting special medical waste off-site or offering special medical waste for transport off-site, a generator shall classify the waste and assign a proper shipping name under the U.S. Department of Transportation Hazardous Materials Transportation Regulations, 49 CFR 171—178, which are incorporated by reference in Regulation .01B(5) of this chapter.

   2. (2) In complying with §A(1) of this regulation, a generator shall determine the hazardous material description under the U.S. Department of Transportation Hazardous Materials Regulations, including:

      1. (a) Proper shipping name;
      2. (b) Hazard class or division;
      3. (c) Identification number assigned to the proper shipping name; and
      4. (d) Packing group, if any.

   Agency note: Generally, special medical waste will be classified as “infectious substances, affecting humans” or “regulated medical waste, n.o.s.” under the federal hazardous materials transportation regulations unless the special medical waste is regulated as a hazardous material for an additional reason, such as because of its chemical nature or because it is also a radioactive material.

2. B. Packaging, Marking, and Labeling. Before transporting special medical waste off-site or offering special medical waste for transport off-site, a generator shall:

   1. (1) Package the waste in accordance with 49 CFR Part 173;
   2. (2) Comply with the marking requirements of 49 CFR Part 172, Subpart D; and
   3. (3) Comply with the labeling requirements of 49 CFR Part 172, Subpart E.

3. C. Treating.

   1. (1) If a generator treats special medical waste before transporting it off-site, offering it for transport off-site, disposing of it, or arranging for disposal of it, then the generator:

      1. (a) May treat the special medical waste only as provided in COMAR 10.06.06; and
      2. (b) Shall, in complying with the requirements of COMAR 10.06.06 as required by §C(1)(a) of this regulation, interpret “special medical waste” and “sharp” to have the meanings given in COMAR 26.13.11.02B.
   2. (2) A generator may not dispose of sharps in a solid waste landfill unless the generator incinerates the sharps or first sterilizes and then mechanically destroys the sharps.

Authority: Environment Article, §§7-104, 7-201 et seq., 9-252, and 9-314, Annotated Code of Maryland

Effective date:

Regulations .01—.07 adopted as an emergency provision effective September 28, 1988 (15:22 Md. R. 2549); emergency status extended at 16:4 Md. R. 493

Regulations .01—.07 adopted effective April 3, 1989 (16:6 Md. R. 733)

Regulation .01B amended effective April 20, 1998 (25:8 Md. R. 599)

Regulation .04 repealed and new Regulation .04 adopted effective April 20, 1998 (25:8 Md. R. 599)

Regulation .05 amended effective April 21, 2008 (35:8 Md. R. 812)

Regulation .06 amended effective April 20, 1998 (25:8 Md. R. 599)

Regulation .07 amended effective April 20, 1998 (25:8 Md. R. 599)