Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.01 - Radioactive Hazardous Substances Management › Section 26.15.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agreement state" means a state with
				  which the U.S. Nuclear Regulatory Commission has entered into an effective
				  agreement under subsection 274b of the Atomic Energy Act of 1954, as
				  amended.
(2) "As low as is
				  reasonably achievable (ALARA)" means as low as is reasonably achievable:
(a) Taking into account the state of
				  technology;
(b) Taking into account
				  the economics of improvements in relation to benefits to the public health and
				  safety, and other societal and socioeconomic considerations; and
(c) In relation to the utilization of
				  ionizing radiation in the public interest.
(3) "Chelating agent" means an organic
				  compound that bonds with a central metal atom or ion at two or more points such
				  as amine polycarboxylic acids, hydroxy-carboxylic acids, gluconic acid, and
				  polycarboxylic acids.
(4) "Compact"
				  means the Appalachian States Low-Level Radioactive Waste Compact entered into
				  by the states of Pennsylvania, Maryland, Delaware, and West Virginia, in
				  accordance with Environment Article, §§
											7-301 -7-306, Annotated
				  Code of Maryland.
(5) "CHS" means a
				  controlled hazardous substance as described in COMAR 26.13.
(6) "Department" means the Department of the
				  Environment.
(7) "Explosive
				  material" means a chemical compound, mixture, or device which produces a
				  substantial instantaneous release of gas and heat spontaneously or by contact
				  with sparks or flame.
(8) "License"
				  means a material user's authorization issued by the Secretary of the
				  Environment under COMAR
				  26.12.01.01 s, another agreement
				  state, or the U.S. Nuclear Regulatory Commission under comparable
				  regulations.
(9) "Licensee" means a
				  person who is issued a material user's license under COMAR
				  26.12.01.01 s by the Maryland
				  Department of the Environment, another agreement state, or the U.S. Nuclear
				  Regulatory Commission under comparable regulations.
(10) "Management" means transportation,
				  treatment, storage, or disposal of RHS.
(11) "Near-surface disposal facility" means a
				  disposal facility in which RHS is disposed of in, or within approximately the
				  upper 30 meters of, the earth's surface.
(12) "On-site" has the meaning stated in
				  COMAR 26.13.01.03 s B.
(13) "Operator" means the person responsible
				  for the overall operation of an RHS facility.
(14) "Owner" means the person who owns an RHS
				  facility or part of a facility.
(15) "Person" means:
(a) An individual;
(b) A trust;
(c) A firm;
(d) A joint stock company;
(e) A federal agency, to the extent
				  authorized by federal law;
(f) A
				  corporation, including a government corporation;
(g) A partnership;
(h) An association;
(i) A state;
(j) A municipality;
(k) A commission;
(l) A political subdivision of a state;
				  or
(m) An interstate
				  body.
(16) "Pyrophoric
				  liquid" means a liquid that ignites spontaneously in dry or moist air at or
				  below 130°F or 54.5°C.
(17)
				  Pyrophoric Solid.
(a) "Pyrophoric solid"
				  means solid material, other than one classed as an explosive, which under
				  normal conditions is liable to cause fires through friction or retained heat
				  from manufacturing or processing, or which can be ignited readily and when
				  ignited burns so vigorously and persistently as to create a serious
				  transportation, handling, or disposal hazard.
(b) "Pyrophoric solid" includes spontaneously
				  combustible and water-reactive material.
(18) "Radioactive hazardous substance (RHS)"
				  means a radioactive hazardous substance as defined in COMAR
				  26.15.02.02 s. Radioactive
				  hazardous substance is synonymous with low-level nuclear waste and low-level
				  radioactive waste as defined in Environment Article, §
											7-201, Annotated Code of
				  Maryland, and § 2 of the National Low-Level Radioactive Waste Policy Amendments
				  Act of 1985, respectively.
(19)
				  "Radioactive hazardous substances generator (RHSG)" means a person that
				  produces a radioactive hazardous substance.
(20) "RCIR" means a document entitled
				  "Maryland State Department of the Environment Regulations for Control of
				  Ionizing Radiation (1985)" which is incorporated by reference in COMAR
				  26.12.01.01 s.
(21) "Regional disposal facility" means a
				  facility within a compact state which has been approved by the Appalachian
				  States Low-Level Radioactive Waste Commission for the disposal of low-level
				  radioactive waste.
(22) "RHS
				  disposal" means the isolation of RHS from the biosphere inhabited by man and
				  containing his food chains by emplacement in an RHS land disposal
				  facility.
(23) "RHS facility" means
				  all continuous land and structures, other appurtenances, and improvements on
				  the land, used for treating, storing, or disposing of RHS. A facility may
				  consist of several treatment, storage, or disposal operational units.
(24) "RHS manifest" means the national
				  uniform low-level radioactive waste manifest appropriately completed and signed
				  by the RHS generator which contains the information required by COMAR
				  26.15.03.05 s and by
				  10 CFR §
												20.2006.
(25) "RHS treatment" means a method,
				  technique, or process including neutralization that is designed to change the
				  physical, chemical, radioactive, or biological characteristics or composition
				  of a radioactive hazardous substance (RHS) so as to render the RHS
				  nonradioactive or nonhazardous, safe for transport, or reduced in
				  volume.
(26) "Secretary" means the
				  Secretary of the Environment, or the Secretary's designee.
(27) "Site closure and stabilization" means
				  action that is taken upon completion of operations that prepares the disposal
				  site for custodial care and assures that the disposal site will remain stable
				  and not need ongoing active maintenance.
(28) "Source" means a person who generates,
				  transports, treats, stores, or disposes of RHS.
(29) "Stability" means structural
				  stability.