Md. Code Regs. 26.15.01.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 26.15.01.02 - Definitions

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.

Md. Code Regs. 26.15.01.02

Regulation .02B amended effective June 28, 1999 (26:13 Md. R. 1021)