Md. Code Regs. 26.13.01.03 - Definitions
A. When used in
this subtitle the following terms have the meanings given.
B. Terms Defined.
(1) "Above-ground tank" means a tank that is
situated in such a way that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and the entire surface area
of the tank, including the tank bottom, is able to be visually inspected.
(1-1) "Active life" of a facility means the
period from the initial receipt of hazardous waste at the facility until the
Secretary receives certification of final closure.
(2) "Active portion" means that portion of a
facility where treatment, storage, or disposal operations are being or have
been conducted after the effective date of this subtitle and which is not a
closed portion.
(2-1) "Active range" means a
military range that is currently in service and is being regularly used for
range activities.
(2-1-1) "Acute hazardous
waste" means a hazardous waste that meets the listing criteria in COMAR
26.13.02.09A(2)
and has therefore been assigned a hazard code of (H) in accordance with COMAR
26.13.02.15B;
(2-2) "Ampule" means an airtight vial made of
glass, plastic, metal, or any combination of these materials.
(2-3) "Ancillary equipment" means a device
including, but not limited to, such devices as piping, fittings, flanges,
valves, and pumps, that is used to distribute, meter, or control the flow of
hazardous waste from its point of generation to a storage or treatment tank or
tanks, between hazardous waste storage and treatment tanks to a point of
disposal on site, or to a point of shipment for disposal off
site.
(3) "Aquifer" means
a geologic formation, group of formations, or part of a formation capable of
yielding a significant amount of ground water to wells or springs.
(4) "Authorized representative" means the
person responsible for the overall operation of a facility or an operational
unit (that is, part of a facility); for example, the plant manager,
superintendent, or person of equivalent responsibility.
(4-1) "Battery" means:
(a) A device consisting of one or more
electrically connected electrochemical cells which is designed to receive,
store, and deliver electric energy; or
(b) An intact, unbroken device which would
otherwise meet the definition of battery in §B(4-1)(a) of this regulation
from which the electrolyte has been removed.
(5) "Boiler" means an enclosed device using
controlled flame combustion and having one of the following characteristics:
(a) The unit satisfies all of the following
criteria:
(i) The unit shall have physical
provisions for recovering and exporting thermal energy in the form of steam,
heated fluids, or heated gases.
(ii) The unit's combustion chamber and
primary energy recovery section or sections shall be of integral design. To be
of integral design, the combustion chamber and the primary energy recovery
section or sections, such as waterwalls and superheaters, shall be physically
formed into one manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery section or sections are joined only by
ducts or connections carrying flue gas is not integrally designed. However,
secondary energy recovery equipment such as economizers or air preheaters need
not be physically formed into the same unit as the combustion chamber and the
primary energy recovery section. Process heaters which are units that transfer
energy directly to a process stream and fluidized bed combustion units are not
precluded from being boilers solely because they are not of integral
design.
(iii) While in operation,
the unit shall maintain a thermal energy recovery efficiency of at least 60
percent, calculated in terms of the recovered energy compared with the thermal
value of the fuel.
(iv) The unit
shall export and utilize at least 75 percent of the recovered energy,
calculated on an annual basis. In this calculation, credit may not be given for
recovered heat used internally in the same unit. Examples of internal use are
the preheating of fuel or combustion air, and the driving of induced or forced
draft fans or feedwater pumps.
(b) The unit is one which the Secretary has
determined, on a case-by-case basis, to be a boiler, after considering the
standards in Regulation .04F of this chapter.
(5-1) "Cathode ray tube (CRT)" means a vacuum
tube, composed primarily of glass, that is the visual or video display
component of an electronic device.
(5-2) "Cathode ray tube (CRT) collector"
means a person who receives used, intact CRTs for recycling, repair, resale or
donation.
(5-3) "Cathode ray tube
(CRT) exporter" means any person in the United States who initiates a
transaction to send used CRTs outside the United States and its territories for
recycling or reuse, or any intermediary in the United States arranging for
export of used CRTs to a location outside the United States and its territories
for recycling or reuse.
(5-4)
"Cathode ray tube (CRT) glass manufacturer" means an operation or part of an
operation that uses a furnace to manufacture CRT glass.
(5-5) "Cathode ray tube (CRT) processing"
means conducting together all of the following activities:
(a) Receiving broken or intact
CRTs;
(b) Intentionally breaking
intact CRTs or further breaking or separating broken CRTs; and
(c) Sorting or otherwise managing glass
removed from CRT monitors.
(5-6) Chemical Agents and Munitions.
(a) "Chemical agents and munitions" means an
agent or munition that, through its chemical properties, produces lethal or
other damaging effects on human beings.
(b) "Chemical agents and munitions" does not
include riot control agents, chemical herbicides, smoke, and other obscuration
materials.
(6) "Closed portion" means that portion of a
facility which an owner or operator has closed in accordance with the approved
facility closure plan and all applicable closure requirements. (See also
"active portion" and "inactive portion".)
(6-1) "Component" means either the tank or
ancillary equipment of a tank system.
(7) "Confined aquifer" means an aquifer:
(a) Bounded above and below by impermeable
beds or by beds of distinctly lower permeability than that of the aquifer
itself;
(b) Containing confined
ground water.
(7-1) "Consignee"
means the ultimate treatment, storage, or disposal facility in a receiving
country to which a hazardous waste will be sent.
(8) "Constituent" or "hazardous waste
constituent" means a constituent which caused the Secretary to list the
hazardous waste in COMAR 26.13.02.15 -.19 or a constituent listed in Table 1 of
COMAR 26.13.02.14.
(8-1) "Contained" means
held in a unit, including a landbased unit, that meets the criteria of
Regulation .04L(4) of this chapter;
(9) "Container" means any portable device in
which a material is stored, transported, treated, disposed of, or otherwise
handled.
(9-1) "Containment building" means a
hazardous waste management unit that:
(a) Is
a completely enclosed, self-supporting structure;
(b) Is designed and constructed of manmade
materials; and
(c) Provides for
containment of hazardous constituents within the unit comparable to the degree
of containment that would be provided by a:
(i) Container managed in accordance with
COMAR 26.13.05.09; or
(ii) Tank managed in accordance with COMAR
26.13.05.10.
(10) "Contingency plan" means a document
setting out an organized, planned, and coordinated course of action to be
followed in case of a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
(10-1) "Controlled hazardous
substance" means a hazardous waste as defined in COMAR 26.13.02, except as
provided in COMAR 26.13.02.06.
(10-2) "Corrosion expert" means an individual
who is:
(a) Qualified to engage in the
practice of corrosion control on buried or submerged metal piping systems and
metal tanks by reason of that individual's knowledge of the physical sciences
and the principles of engineering and mathematics, acquired by a professional
education and related practical experience; and
(b) Certified as being qualified by the
National Association of Corrosion Engineers (NACE), or who is a registered
professional engineer who has certification or licensing that includes
education and experience in corrosion control on buried or submerged metal
piping systems and metal tanks.
(10-3) Debris.
(a) "Debris" means solid material exceeding a
60-millimeter particle size that is intended for disposal and that is:
(i) A manufactured object;
(ii) Plant or animal material;
(iii) Natural geologic material; or
(iv) A mixture consisting of debris as
defined in §B(10-3)(a)(i)-(iii) of this regulation that has not been
treated to the standards established in
40 CFR §
268.45, and other material if the mixture is
comprised primarily of debris, by volume, based on visual inspection.
(b) "Debris" does not mean any
material for which a specific treatment standard is provided in 40 CFR Part 268
Subpart D, namely:
(i) Lead acid
batteries;
(ii) Cadmium
batteries;
(iii) Radioactive lead
solids;
(iv) Process residuals such
as smelter slag and residues from the treatment of waste, wastewater, sludges,
or air emission residues; and
(v)
Intact containers of hazardous waste that are not ruptured and that retain at
least 75 percent of their original volume.
(11)
"Department" means the Department of the Environment.
(12) "Designated facility" means:
(a) A hazardous waste treatment, storage,
disposal, or recycling facility which has been designated on the manifest by
the generator under COMAR
26.13.03.04, a corresponding
regulation of another state, or
40 CFR §
262.20, and:
(i) Has received a permit or interim status
in accordance with the requirements of COMAR 26.13.07;
(ii) Has received a permit or interim status
in accordance with the requirements of 40 CFR Parts 270 and 124;
(iii) Has received a permit or interim status
from a state authorized in accordance with 40 CFR Part 271 ;
(iv) Is allowed by the state in which the
facility is located to accept the waste, if the state has been authorized in
accordance with 40 CFR Part 271 but the state has not yet obtained
authorization from EPA to regulate that particular waste as hazardous;
or
(v) Is regulated under COMAR
26.13.02.06C(2),
COMAR 26.13.10.04,
40 CFR §
261.6(c)(2), 40 CFR Part
266, Subpart F, or analogous authorities in other states; or
(b) A generator site designated on
the manifest to receive its waste as a return shipment from a facility that has
rejected the waste in accordance with COMAR
26.13.05.05C(6)
or 26.13.06.05A.
(12-1) Destination Facility.
(a) "Destination facility" means a facility
that treats, disposes of, or recycles a particular category of universal waste,
except as provided in §B(12-1)(b) of this regulation.
(b) "Destination facility" does not mean:
(i) A facility for which the treatment,
disposal, or recycling of a particular category of universal waste consists
only of the management activities described in COMAR
26.13.10.12, .14, or .15B(3),
including large quantity handlers of universal waste that are made subject to
these requirements in COMAR
26.13.10.20A, C,
and D; or
(ii) A facility at which
a particular category of universal waste is only accumulated, with respect to
that category of universal waste.
(13) "Dike" means an embankment or ridge of
either natural or man-made materials used to prevent the movement of liquids,
sludges, solids, or other materials.
(13-1)
"Dioxins" means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo
dioxins.
(14) "Discharge"
or "hazardous waste discharge" means the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste
into or on any land or water.
(15)
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
or placing of any solid waste or hazardous waste into or on any land or water
so that the solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters,
including ground waters.
(16)
"Disposal facility" means a facility or part of a facility at which hazardous
waste is intentionally placed into or on any land or water, and at which waste
will remain after closure.
(16-1) "Drip pad"
means an engineered structure consisting of a curbed, free-draining base which
is constructed of non-earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation, and surface water
run-on to an associated collection system at wood-preserving plants.
(16-2) "Electrochemical cell" means a system
consisting of an anode, a cathode, an electrolyte, and any electrical or
mechanical connections that may be needed to allow the system to deliver or
receive electrical energy.
(16-3)
"Electronic manifest (e-manifest)" means the electronic format of the hazardous
waste manifest that is obtained from EPA's national electronic manifest system
and transmitted electronically to the system, and that is the legal equivalent
of EPA Forms 8700"22 (manifest) and 8700"22A (continuation sheet).
(16-4) "Electronic manifest system
(e-manifest system)" means EPA's national information technology system through
which the electronic manifest may be obtained, completed, transmitted, and
distributed to users of the electronic manifest and to regulatory
agencies.
(17)
"Elementary neutralization unit" means a device which:
(a) Is used for neutralizing wastes which are
hazardous waste only because they exhibit the corrosivity characteristic
defined in COMAR
26.13.02.12, or are listed in
COMAR 26.13.02.16 -.19 only for this reason; and
(b) Is a tank, tank system, container,
transport vehicle, or vessel.
(17-1) "EPA" means the United States
Environmental Protection Agency.
(17-2) "EPA Acknowledgement of Consent" means
the cable sent to EPA from the U.S. Embassy in a receiving country that
acknowledges the written consent of the receiving country to accept a hazardous
waste and describes the terms and conditions of the receiving country's consent
to the shipment.
(18)
"EPA hazardous waste number" means the number assigned by EPA to each hazardous
waste listed in COMAR 26.13.02.15 -.19, and to each characteristic identified
in COMAR 26.13.02.10 -.14.
(19)
"EPA identification number" means the number assigned by EPA or by a state
acting on EPA's behalf to each generator, transporter, and treatment, storage,
or disposal facility.
(20)
"Equivalent method" means any testing or analytical method approved by the
Secretary under Regulation .04A and B of this chapter.
(21) "Existing hazardous waste management
facility" or "existing facility" means a facility which was in operation, or
for which construction had commenced, on or before November 18, 1980.
Construction had commenced if:
(a) The owner
or operator has obtained all necessary federal, State, and local
preconstruction approvals or permits;
(b) A continuous physical, on-site
construction program has begun, or the owner or operator has entered into
contractual obligations, which cannot be cancelled or modified without
substantial loss, for construction of the facility to be completed within a
reasonable time.
(22)
"Existing portion" means that land surface area of an existing hazardous waste
management facility on which wastes have been placed before July 26, 1982.
(22-1) "Existing tank system" or "existing
component" means a tank system or component that is used for the storage or
treatment of hazardous waste and that satisfies the following criteria:
(a) It is in operation; or
(b) It is an underground tank which cannot be
entered for inspection for which installation has begun on or before July 14,
1986, or it is any other tank for which installation has begun by July 1, 1993,
with the beginning of installation being determined by the criteria of COMAR
26.13.05.10A(4).
(22-2) "Explosive or munitions emergency"
means a situation that:
(a) In the
professional opinion of an explosive or munitions emergency response
specialist, creates an actual or imminent threat to:
(i) Human health, including safety;
or
(ii) The environment, including
property; and
(b) May
require immediate and expeditious action by an explosives or munitions
specialist to control, mitigate, or eliminate the threat involving the
suspected or detected presence of:
(i)
Unexploded ordnance (UXO);
(ii)
Damaged explosives or munitions;
(iii) Deteriorated explosives or
munitions;
(iv) An improvised
explosive device (IED);
(v) Some
other material or device that is potentially explosive; or
(vi) Some other potentially harmful military
chemical munition or device.
(22-3) "Explosives or munitions emergency
response" means all immediate response activities by an explosives and
munitions emergency response specialist to control, mitigate, or eliminate the
actual or potential threat encountered during an explosives or munitions
emergency, including:
(a) For example, the
following activities:
(i) In-place render-safe
procedures;
(ii) Treatment or
destruction of explosives or munitions; or
(iii) Transporting explosives or munitions to
another location to be rendered safe, treated, or
destroyed;
(b) Activities
undertaken to deal with an explosives or munitions emergency after a reasonable
delay caused by a necessary, unforeseen, or uncontrollable circumstance;
and
(c) Activities undertaken to
deal with an explosives or munitions emergency on public lands, on private
lands, at RCRA facilities, and at locations that are not RCRA
facilities.
(22-4)
"Explosives or munitions emergency response specialist" means an individual
trained in chemical or conventional munitions or explosives handling,
transportation, render-safe procedures, or destruction techniques, including:
(a) Department of Defense (DOD) emergency
explosive ordnance disposal (EOD) personnel;
(b) DOD technical escort unit (TEU)
personnel;
(c) DOD-certified
civilian or contractor personnel; and
(d) Other federal, State, or local government
or civilian personnel trained in explosives or munitions emergency responses
similar to the individuals identified in §B(22-4)(a)-(c) of this
regulation.
(23) "Facility" means all continuous land,
and structures, other appurtenances, and improvements on the land, used for
treating, storing, or disposing of hazardous waste. A facility may consist of
several treatment, storage, or disposal operational units (for example, one or
more landfills, surface impoundments, or combinations of them).
(23-1) "Facility mailing list" means the
mailing list developed by the Department in accordance with COMAR 26.13.07.20
-2E(1)(d).
(24) "Federal
agency" means any department, agency, or other instrumentality of the federal
government, any independent agency or establishment of the federal government,
including any government corporation, and the Government Printing Office.
(25) "Final closure" means the closure of all
hazardous waste management units at the facility in accordance with all
applicable closure requirements so that hazardous waste management activities
under COMAR 26.13.05 and 26.13.06 are no longer conducted at the facility
unless subject to the provisions in COMAR
26.13.03.03-3 -.03-10.
(26) "Food-chain crops" means tobacco, crops
grown for human consumption and crops grown for feed for animals whose products
are consumed by humans.
(27)
"Freeboard" means the vertical distance between the top of a tank or surface
impoundment dike, and the surface of the waste contained in it.
(28) "Free liquids" means liquids which
readily separate from the solid portion of a waste under ambient temperature
and pressure.
(28-1) "Fully regulated
generator" means a person who generates hazardous waste and does not meet the
definition of a Maryland-defined small quantity generator;
(29) "Generator" means any person, by site,
whose act or process produces hazardous waste identified or listed in COMAR
26.13.02 or whose act first causes a hazardous waste to become subject to
regulation.
(30) "Ground water"
means water below the land surface in a zone of saturation.
(30-1) "Hazardous debris" means debris that
contains a hazardous waste listed in COMAR 26.13.02.15 -.19 or that exhibits a
characteristic of hazardous waste identified in COMAR 26.13.02.10 -.14.
Agency Note: Any deliberate mixing of hazardous waste prohibited from land disposal under 40 CFR Part 268 Subpart C with debris that changes its treatment classification, that is, from "waste" to "hazardous debris", is not allowed under the dilution prohibition of 40 CFR § 268.3.
(30-2) "Hazardous secondary material" means a
secondary material, such as a spent material, by-product, or sludge, that, if
discarded, would be identified as a hazardous waste under COMAR
26.13.02.
(31) "Hazardous
waste" means a hazardous waste as defined in COMAR 26.13.02. Hazardous waste
shall be synonymous with Controlled Hazardous Substance or CHS, except as
provided in COMAR 26.13.02.06.
(32)
"Hazardous waste discharge" means the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste or
a material listed in COMAR
26.13.02.19 which, because it is
discharged, becomes a hazardous waste, onto or into the land or
water.
(33) "Hazardous waste
incinerator" means an enclosed device used to thermally treat or decompose a
hazard waste that:
(a) Uses controlled flame
combustion, does not meet the criteria for classification as a boiler, sludge
dryer, or carbon regeneration unit, and is not listed as an industrial furnace;
or
(b) Meets the definition of
infrared incinerator or plasma arc incinerator.
(34) "Hazardous waste management unit" is a
contiguous area of land on or in which hazardous waste is placed, or the
largest area in which there is significant likelihood of mixing hazardous waste
constituents in the same area. Examples of hazardous waste management units
include a surface impoundment, a waste pile, a land treatment area, a landfill
cell, an incinerator, a tank and its associated piping and underlying
containment system, and a container storage area. A container alone does not
constitute a unit. The unit includes containers and the land or pad upon which
they are placed.
(35) "In
operation" refers to a facility which is treating, storing, or disposing of
hazardous waste.
(36) "Inactive
disposal facility" means a disposal facility that is no longer operated but is
maintained to permanently contain CHS.
(37) "Inactive portion" means that portion of
a facility which is not operated after the effective date of this subtitle.
(See also "active portion" and "closed portion").
(37-1) "Inactive range" means a military
range that:
(a) Is not currently being
used;
(b) Is still under military
control and considered by the military to be a potential range area;
and
(c) Has not been put to a new
use that is incompatible with range activities.
(38) "Incompatible waste" means a hazardous
waste which is unsuitable for:
(a) Placement
in a particular device or facility because it may cause corrosion or decay of
containment materials (for example, container inner liners or tank walls);
or
(b) Commingling with another
waste or material under uncontrolled conditions because the commingling might
produce heat or pressure, fire or explosion, violent reaction, toxic dusts,
mists, fumes, or gases, or flammable fumes or gases (see COMAR
26.13.05.24 for
examples).
(39)
"Individual generation site" means the contiguous site at or on which one or
more hazardous wastes are generated. An individual generation site, such as a
large manufacturing plant, may have one or more sources of hazardous waste but
is considered a single or individual generation site if the site or property is
contiguous.
(40) "Industrial
furnace" means any of the following enclosed devices that are integral
components of manufacturing processes and that use controlled flame devices to
accomplish recovery of materials or energy:
(a) Cement kilns;
(b) Lime kilns;
(c) Aggregate kilns;
(d) Phosphate kilns;
(e) Coke ovens;
(f) Blast furnaces;
(g) Smelting, melting and refining furnaces
including pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machines, roasters, and foundry furnaces;
(h) Titanium dioxide chloride process
oxidation reactor;
(i) Methane
reforming furnaces;
(j) Pulping
liquor recovery furnace;
(k)
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid; and
(l) Such other devices as
the Secretary may, by regulation, add to this list on the basis of one or more
of the following factors:
(i) The design and
use of the devices primarily to accomplish recovery of material
products;
(ii) The use of the
device to burn or reduce raw materials to make a material product;
(iii) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks;
(iv) The use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(v) The use of the device
in common industrial practice to provide a material product; and
(vi) Other factors, as appropriate.
(40-1) "Infrared
incinerator" means an enclosed device that:
(a) Uses electric powered resistance heaters
as a source of radiant heat followed by an afterburner using controlled flame
combustion; and
(b) Is not listed
as an industrial furnace.
(40-2) "In-ground tank" means a tank which
has a portion of the tank wall situated to any degree within the ground,
thereby preventing visual inspection of the external surface area of the tank
that is in the ground.
(41) "Injection well" means a well into which
fluids are injected. (See also "underground injection".)
(42) "Inner liner" means a continuous layer
of material placed inside a tank or container which protects the construction
materials of the tank or container from the contained waste or reagents used to
treat the waste.
(42-1) "Installation
inspector" means an individual who is qualified to supervise the installation
of tank systems by reason of that individual's knowledge of the physical
sciences and the principles of engineering, acquired by a professional
education and related practical experience.
(42-2) "Interim status" means:
(a) The period of time beginning when the
owner or operator complies with COMAR
26.13.06.01B(2),
and ending when the owner or operator:
(i)
Obtains a CHS permit under COMAR 26.13.07;
(ii) Meets the requirements of COMAR
26.13.06.07 -.15; or
(iii) Has the
interim status terminated under COMAR
26.13.07.23D;
or
(b) A designation by
the Secretary that the owner or operator of an affected hazardous waste
management facility has met the requirements of COMAR
26.13.06.01B(2) -
(4) and
26.13.07.23A.
(43)
"International shipment" means the transportation of hazardous waste into or
out of the jurisdiction of the United States.
(43-1) "Kick-back" means the excessive
preservative that exudes slowly from pressure-treated wood as the wood is
removed from a treatment vessel and gradually returns to atmospheric
pressure.
(43-2) "Lamp" means an
item that is:
(a) The bulb or tube portion of
an electric lighting device; and
(b) Specifically designed to produce radiant
energy, most often in the ultraviolet, visible, and infrared regions of the
electromagnetic spectrum.
(43-3) Land-Based Unit.
(a) "Land-based unit" means an area where a
hazardous secondary material is placed in or on the land before
recycling.
(b) "Land-based unit"
does not include a land-based production unit.
(44) "Landfill" means a disposal facility or
part of a facility where hazardous waste is placed in or on land and which is
not a pile, a land treatment facility, a surface impoundment, an underground
injection well, a salt dome formation, a salt bed formation, an underground
mine, or a cave.
(45) "Landfill
cell" means a discrete volume of a hazardous waste landfill which uses a liner
to provide isolation of wastes from adjacent cells or wastes. Examples of
landfill cells are trenches and pits.
(46) "Land treatment facility" means a
facility or part of a facility at which hazardous waste is applied onto or
incorporated into the soil surface. These facilities are disposal facilities if
the waste will remain after closure.
(46-1)
"Large quantity handler of universal waste" means a universal waste handler
which accumulates 5,000 kilograms or more of universal waste at any time during
a calendar year.
(47)
"Leachate" means any liquid, including any suspended components in the liquid,
that has percolated through or drained from hazardous waste.
(47-1) "Leak-detection system" means a
system, capable of detecting the failure of either the primary or secondary
containment structure or the presence of a release of hazardous waste or
accumulated liquid in the secondary containment structure, which:
(a) Employs operational controls, such as
daily visual inspections for releases into the secondary containment system of
above-ground tanks; or
(b) Consists
of an interstitial monitoring device designed to detect continuously and
automatically the failure of the primary or secondary containment structure or
the presence of a release of hazardous waste into the secondary containment
structure.
(48)
"Liner" means a continuous layer of natural or man-made materials, beneath or
on the sides of a surface impoundment, landfill, or landfill cell, which
restricts the downward or lateral escape of hazardous waste constituents, or
leachate.
(49) "Management" or
"hazardous waste management" means the systematic control of the collection,
source separation, storage, transportation, processing, treatment, recovery,
and disposal of hazardous waste.
(50) "Manifest" means the shipping document
EPA Form 8700-22, including, if necessary, EPA Form 8700-22A, originated and
signed in accordance with the applicable requirements of:
(51) "Manifest tracking number"
means the alphanumeric identification number consisting of a unique three
letter suffix preceded by nine numerical digits that is preprinted in Item 4 of
the manifest by a person approved by the U.S. EPA to be a source of manifests
in accordance with 40 CFR
§
262.21(c) and (e).
(51-1) "Manufactured gas plant waste" means
wastes generated from environmental remediation of facilities that produced gas
from coal or oil for lighting, cooking, and heating during the 1800s until the
mid-1900s, including, for example, tars, sludges, lampblack, light oils, spent
oxide wastes, and other hydrocarbons, and soils and debris contaminated with
these materials.
(51-1-1) "Maryland-defined
small quantity generator (MDSQG)" means a person who does not meet any of the
criteria specified in COMAR
26.13.03.01A-2.
(51-2) Mercury-Containing Equipment.
(a) "Mercury-containing equipment" means a
device or part of a device that contains elemental mercury integral to its
function, such as a thermostat.
(b)
"Mercury-containing equipment" does not mean a battery or a lamp.
(51-3) "Military" means
the United States Department of Defense (DOD), United States Armed Services,
United States Coast Guard, National Guard, United States Department of Energy
(DOE), or other parties that handle military munitions under contract with or
acting as an agent for these agencies.
(51-4) Military Munitions.
(a) "Military munitions" means all ammunition
products and components produced or used by or for the U.S. Department of
Defense (DOD) or the United States Armed Services for national defense and
security, including military munitions under the control of the DOD, the United
States Coast Guard, the U.S. Department of Energy (DOE), and National Guard
personnel.
(b) "Military munitions"
includes:
(i) Component items such as liquid
propellants, solid propellants, confined gaseous propellants, explosives
including bulk explosives, pyrotechnics, chemical agents including bulk
chemical warfare agents, riot control agents, smokes, incendiaries, warheads,
cluster munitions and dispensers, and demolition charges;
(ii) Munition product items such as chemical
munitions, rockets, guided and ballistic missiles, bombs, mortar rounds,
artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth
charges, and demolition devices;
(iii) Components of munition product items;
and
(iv) Nonnuclear components of
nuclear devices managed under DOE's nuclear weapons program after all required
sanitization operations have been completed as required by the Atomic Energy
Act of 1954.
(c)
"Military munitions" does not include wholly inert items, improvised explosive
devices, nuclear weapons, nuclear devices, or nuclear components of weapons or
devices.
(51-5) Military
Range.
(a) "Military range" means designated
land and water areas set aside, managed, and used to conduct research on,
develop, test, and evaluate military munitions and explosives, other ordnance,
or weapon systems, or to train military personnel in their use and
handling.
(b) "Military range"
includes, for example, firing lines and positions, maneuver areas, firing
lanes, test pads, detonation pads, impact areas, and buffer zones with
restricted access and exclusionary areas used for the purposes identified in
§B(51-5)(a) of this regulation.
(52) "Mining overburden returned to the mine
site" means any material overlying an economic mineral deposit which is removed
to gain access to that deposit and is then used for reclamation of a surface
mine.
(53) "Miscellaneous unit"
means a hazardous waste management unit where hazardous waste is treated,
stored, or disposed of and that is not a container, tank, surface impoundment,
pile, land treatment unit, landfill, incinerator, boiler, industrial furnace,
underground injection well, containment building, or unit eligible for a
research, development, and demonstration permit under COMAR
26.13.07.19.
(54) "Movement" means
that hazardous waste transported to a facility in an individual
vehicle.
(55) "New hazardous waste
management facility" or "new facility" means a facility which began operation,
or for which construction commenced after November 18, 1980. (See also
"existing hazardous waste management facility".)
(55-1) "New tank system" or "new tank system
component" means a tank system or component that is used for the storage or
treatment of hazardous waste and that is:
(a)
An underground tank which cannot be entered for inspection for which
installation has begun after July 14, 1986, with the beginning of installation
being determined by the criteria of COMAR
26.13.05.10A(4);
or
(b) A tank for which
installation has begun after July 1, 1993, and is either an underground tank
which can be entered for inspection, an above-ground tank, an in-ground tank,
or an on-ground tank.
(55-2) Offeror.
(a) "Offeror" means a person that:
(i) Performs, or is responsible for
performing, any pretransportation function required under the U.S. Department
of Transportation's hazardous material regulations of 49 CFR Parts 171- 180 for
transportation of a hazardous material in commerce; or
(ii) Tenders or makes a hazardous material
available to a carrier for transportation in commerce.
(b) Unless the carrier is otherwise
considered an offeror, "offeror" does not mean a carrier that:
(i) Performs a function required by 49 CFR
Parts 171- 180 as a condition of acceptance of a hazardous material for
transportation in commerce, such as reviewing shipping papers, examining
packages to ensure that they are in conformance with 49 CFR Parts 171- 180, or
preparing shipping documentation for the carrier's own use; or
(ii) Transfers a hazardous material to
another carrier for continued transportation in commerce without performing a
pretransportation function.
(55-3) "On-ground tank" means a tank that is
situated in such a way that the bottom of the tank is on the same level as the
adjacent surrounding surface so that the external tank bottom cannot be
visually inspected.
(56)
"On-site" means the same or geographically contiguous property which may be
divided by public or private right-of-way, provided the entrance and exit
between the properties is at a cross-roads intersection, and access is by
crossing, as opposed to going along, the right-of-way. Noncontiguous
properties, owned by the same person but connected by a right-of-way which the
property owner controls and to which the public does not have access, are also
considered on-site property.
(57)
"Open burning" means the combustion of any material without the following
characteristics:
(a) Control of combustion
air to maintain adequate temperature for efficient combustion;
(b) Containment of the combustion reaction in
an enclosed device to provide sufficient residence time and mixing for complete
combustion; and
(c) Control of
emission of the gaseous combustion products. (See also "thermal destruction"
and "thermal treatment".)
(58) "Operator" means the person responsible
for the overall operation of a facility.
(59) "Owner" means the person who owns a
facility or part of a facility.
(59-1) "Part
A" means information submitted to satisfy the informational requirements of
COMAR 26.13.07.02D(1)-(14).
(59-2) "Part B" means information submitted
to satisfy the informational requirements of COMAR
26.13.07.02D(15)-(38),
.02-1-.02-11, and any additional information requested by the Secretary in
connection with an application for a CHS facility permit.
(60) "Partial closure" means the closure of a
hazardous waste management unit in accordance with the applicable closure
requirements of COMAR 26.13.05 and 26.13.06 at a facility that contains other
active hazardous waste management units. For example, partial closure may
include the closure of a tank (including its associated piping and underlying
containment systems), landfill cell, surface impoundment, waste pile, or other
hazardous waste management unit, while other units of the same facility
continue to operate.
(60-1) "PCB-containing
lamp ballast" means a device that:
(a) Limits
the lamp current of fluorescent or mercury lamps to the value required for
proper operation by means of inductance, capacitance, or resistance, singly or
in combination;
(b) Provides for
low-voltage cathode heating for rapid-start lamps;
(c) May include capacitor-discharge resistors
and a capacitor for power-factor correction; and
(d) Incorporates polychlorinated biphenyls
(PCBs) as an element of the device's composition.
(61) "Person" means an individual,
trust, firm, joint stock company, federal agency, corporation (including a
government corporation), partnership, association, State, municipality,
commission, political subdivision of a State, or any interstate body.
(62) "Personnel" or "facility personnel"
means all persons who work at, or oversee the operations of, a hazardous waste
facility, and whose actions or failure to act may result in noncompliance with
the requirements of COMAR 26.13.05 or 23.13.06.
(62-1) Pesticide.
(a) "Pesticide" means a substance or mixture
of substances intended for preventing, destroying, repelling, or mitigating any
pest, or intended for use as a plant regulator, defoliant, or desiccant, other
than the substances identified in §B(62-1)(b) of this
regulation;
(b) "Pesticide" does
not mean:
(i) A new animal drug under §
201(w) of FFDCA;
(ii) An animal
drug that has been determined by regulation of the Secretary of Health and
Human Services not to be a new animal drug; or
(iii) An animal feed under § 201(x) of
FFDCA that bears or contains any substances identified in
§B(62-1)(b)(i)-(ii) of this regulation.
(63) "Pile" means any
noncontainerized accumulation of solid, nonflowing hazardous waste that is used
for treatment or storage and that is not a containment building.
(63-1) "Plasma arc incinerator" means an
enclosed device that:
(a) Uses a high
intensity electrical discharge or arc as a source of heat followed by an
afterburner using controlled flame combustion; and
(b) Is not listed as an industrial
furnace.
(64)
"Point source" means any discernible, confined, and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which pollutants are or may
be discharged. This term does not include return flows from irrigated
agriculture.
(64-1) "Primary exporter" means
a person who is:
(a) Required to originate
the manifest for a shipment of hazardous waste in accordance with COMAR
26.13.03.04, who specifies a
treatment, storage, or disposal facility in a receiving country as the facility
to which the hazardous waste will be sent; or
(b) An intermediary arranging for the export
of a hazardous waste to a receiving country.
(65) "Publicly owned treatment works" or
"POTW" means any device or system used in the treatment (including recycling
and reclamation) of municipal sewage or industrial waste of a liquid nature
which is owned by a State or municipality (as defined by Section 502(4) of the
CWA).
(65-1) "Qualified ground water
scientist" means a scientist or engineer who:
(a) Has received a baccalaureate or a
post-graduate degree in the natural sciences or engineering;
(b) Is able to make sound professional
judgements regarding ground water monitoring and contaminant fate and transport
as a result of having obtained sufficient training and experience in ground
water hydrology and related fields; and
(c) Is able to demonstrate the capability
described in §B(65-1)(b) of this regulation by having:
(i) Obtained relevant state
registration;
(ii) Obtained
relevant professional certifications; or
(iii) Completed relevant accredited
university courses.
(66) "RCRA" means the Solid Waste Disposal
Act, as amended (42 U.S.C.
§§
6901-
6991i).
(66-1) "Receiving country" means a foreign
country to which a hazardous waste is sent for the purpose of treatment,
storage, or disposal, except short-term storage incidental to
transportation.
(66-2)
"Recognized trader" means a person domiciled in the United States, by site of
business, who acts to arrange and facilitate transboundary movements of wastes
destined for recovery or disposal operations, either by purchasing from and
subsequently selling to United States and foreign facilities, or by acting
under arrangements with a United States waste facility to arrange for the
export or import of the wastes.
(67) "Representative sample" means a sample
of a universe or whole (for example, waste pile, lagoon, ground water) which
can be expected to exhibit the average properties of the universe or
whole.
(68) "Run-off" means any
rainwater, leachate, or other liquid that drains over land from any part of a
facility.
(69) "Run-on" means any
rainwater, leachate, or other liquid that drains over land onto any part of a
facility.
(69-1) "Sanitization operation"
means the irreversible modification or destruction of a component or part of a
component of a nuclear weapon, device, trainer, or test assembly as necessary
to prevent revealing classified or otherwise controlled information, such as
unclassified information that is restricted from the standpoint of export
control because of its significance for nuclear explosives research,
development, fabrication, or proliferation purposes, as required by the Atomic
Energy Act of 1954, as amended.
(70) "Saturated zone" or "zone of saturation"
means that part of the earth's crust in which all voids are filled with water.
(70-1) Secondary Material.
(a) "Secondary material" means a used or
residual wastelike material.
(b)
"Secondary material" includes:
(i) A
by-product, as defined in COMAR
26.13.02.01D;
(ii) A commercial chemical product;
(iii) Sludge;
(iv) Spent material, as defined in COMAR
26.13.02.01D;
and
(v) Scrap metal, as defined in
COMAR 26.13.02.01D.
(71)
"Secretary" means the Secretary of the Environment or the designee of the
Secretary of the Environment.
(72)
"Sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant.
(72-1) "Sludge dryer" means an enclosed
thermal treatment device that is used to dehydrate sludge and that has a
maximum total thermal input, excluding the heating value of the sludge itself,
of 2,500 Btu per pound of sludge treated on a wet-weight basis.
(72-2) "Small quantity handler of universal
waste" means a universal waste handler that does not accumulate 5,000 kilograms
or more of universal waste at any time during a calendar year.
(73) "Solid waste" means a solid
waste as defined in COMAR 26.13.02.
(74) "Spill" means the accidental spilling,
leaking, pumping, pouring, emitting, or dumping of hazardous wastes or
materials which, when spilled, become hazardous wastes into or onto any land or
water.
(75) "State" means any of
several states, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(76) "Storage"
means the holding of hazardous waste for a temporary period, at the end of
which the hazardous waste is treated, disposed of, or stored elsewhere.
(76-1) "Sump" means any pit or reservoir that
is a tank, and the troughs or trenches connected to it, that serves to collect
hazardous waste for transport to hazardous waste storage, treatment, or
disposal facilities.
(77)
"Surface impoundment" or "impoundment" means a facility or part of a facility
which is a natural topographic depression, man-made excavation, or diked area
formed primarily of earthen materials (although it may be lined with man-made
materials), which is designed to hold an accumulation of liquid wastes or
wastes containing free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration pits, ponds,
and lagoons.
(78) "Tank" means a
stationary device, designed to contain an accumulation of hazardous wastes
which is constructed primarily of nonearthen materials (for example, wood,
concrete, steel, plastic) which provide structural support.
(78-1) "Tank system" means a hazardous waste
storage or treatment tank and its associated ancillary equipment and
containment system.
(79)
"Thermal destruction" means thermal treatment using controlled flame
combustion. "Thermally destroy" or "incinerate" means the act of thermal
destruction.
(80) "Thermal
treatment" means the treatment of hazardous waste in a device which uses
elevated temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Examples of thermal
treatment processes are incineration, molten salt, pyrolysis, calcination, wet
air oxidation, and microwave discharge. (See also "hazardous waste incinerator"
and "open burning".)
(80-1) "Thermostat"
means:
(a) A temperature control device that
contains metallic mercury in an ampule attached to a bimetal sensing element;
or
(b) A mercury-containing ampule
that has been removed from a temperature control device described in
§B(80-1)(a) of this regulation in accordance with the requirements of
COMAR 26.13.10.14B(2),
either by:
(i) A small quantity handler of
universal waste; or
(ii) A large
quantity handler of universal waste operating in compliance with COMAR
26.13.10.20C.
(81)
"Totally enclosed treatment facility" means a facility for the treatment of
hazardous waste which is directly connected to an industrial production process
and which is constructed and operated in a manner which prevents the release of
any hazardous waste or any constituent of hazardous waste into the environment
during treatment.
(81-1) "Transit country"
means a foreign country, other than a receiving country, through which a
hazardous waste is transported.
(82) "Transportation" means the movement of
hazardous waste by air, rail, highway, or water.
(83) "Transport vehicle" means a motor
vehicle, vessel, or rail car used for the transportation of hazardous waste by
any mode. Each cargo-carrying body (trailer, railroad car, etc.) is a separate
transport vehicle.
(84)
"Transporter" means a person engaged in the off-site transportation of
hazardous waste by air, rail, highway, or water.
(85) Treatability Study.
(a) "Treatability study" means a study in
which a hazardous waste is subjected to a treatment process to determine
whether the waste is amenable to the treatment process, what pretreatment if
any is required, the optimal process conditions needed to achieve the desired
treatment, the efficiency of a treatment process for a specific waste or
wastes, or the characteristics and volumes of residuals from a particular
treatment process.
(b)
"Treatability study" also includes, for the purpose of the exemptions of COMAR
26.13.02.04-4 and .04-5, liner
compatibility, corrosion, and other material compatibility studies, and
toxicological and health effects studies.
(86) "Treatment" means any method, technique,
or process, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so far
as to:
(a) Neutralize the waste;
(b) Recover energy or material resources from
the waste;
(c) Render the waste:
(i) Nonhazardous or less hazardous;
(ii) Safer to transport, store, or dispose
of; or
(iii) Amenable for recovery,
amenable for storage, or reduced in volume.
(87) "Underground injection" means the
subsurface emplacement of fluids through a bored, drilled, or driven well, or
through a dug well, where the depth of the dug well is greater than the largest
surface dimension. (See also "injection well".)
(87-1) "Underground tank" means a tank that
has its entire surface area totally below the surface of and covered by the
ground.
(87-2) "Unexploded ordnance
(UXO)" means military munitions that:
(a) Have
been primed, fused, armed, or otherwise prepared for action;
(b) Have been fired, dropped, launched,
projected, or placed in such a manner as to constitute a hazard to operations,
installations, personnel, or material; and
(c) Remain unexploded either by malfunction,
design, or any other cause.
(87-3) "Unfit-for-use tank system" means a
tank system that has been determined through an integrity assessment or other
inspection to be capable no longer of storing or treating hazardous waste
without posing a threat of release of hazardous waste to the
environment.
(88)
"Unsaturated zone" or "zone of aeration" means the zone between the land
surface and the water table.
(89)
"United States" means the 50 states, the District of Columbia, the Commonwealth
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(89-1) "Universal waste" means any of the
following hazardous wastes that are managed under the universal waste
requirements of COMAR 26.13.10.06 -.25:
(a)
Batteries as described in COMAR
26.13.10.07;
(b) Pesticides as described in COMAR
26.13.10.08; or
(c) Mercury-containing equipment, lamps, or
PCB-containing lamp ballasts, each as described in COMAR
26.13.10.09.
(89-2)
Universal Waste Handler.
(a) "Universal waste
handler" means:
(i) A generator of universal
waste;
(ii) The owner or operator
of a facility, including all contiguous property, that receives universal waste
from other universal waste handlers, accumulates universal waste, and sends
universal waste to another universal waste handler, a destination facility, or
a foreign destination; or
(iii) A
person that treats universal waste as described in COMAR
26.13.10.12, .14, or .15B(3)(c),
including large quantity handlers as described in COMAR
26.13.10.20A, B,
or D.
(b) "Universal
waste handler" does not mean a:
(i) Person
that treats universal waste, except for persons identified in
§B(89-2)(a)(iii) of this regulation;
(ii) Person that disposes of universal
waste;
(iii) Person that recycles
universal waste;
(iv) Person
engaged in the off-site transportation of universal waste by air, rail,
highway, or water; or
(v) Universal
waste transfer facility.
(89-3) "Universal waste transfer facility"
means any transportation-related facility, including loading docks, parking
areas, storage areas, and other similar areas, where shipments of universal
waste are held during the normal course of transportation.
(89-4) "Universal waste transporter" means a
person engaged in the off-site transportation of universal waste by air, rail,
highway, or water.
(90)
"Uppermost aquifer" means the geologic formation nearest the natural ground
surface that is an aquifer, as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facilities' property boundary.
(90-1) "Used, broken cathode ray tube (CRT)"
means a CRT for which the glass has been removed from its housing or casing and
from which the vacuum has been eliminated.
(90-2) "Used, intact cathode ray tube (CRT)
means a CRT from which the vacuum has not been eliminated.
(90-3) "Used oil" means oil that has been
refined from crude oil, or any synthetic oil, that has been used and, as a
result of the use, is contaminated by physical or chemical
impurities.
(90-4) "Used oil
re-refining distillation bottoms" means the heavy fraction produced by vacuum
distillation of filtered and dehydrated used oil.
(90-5) "User of the electronic manifest
system" means a hazardous waste generator, a hazardous waste transporter, an
owner or operator of a hazardous waste treatment, storage, recycling, or
disposal facility, or any other person who:
(a) Is required to use a manifest to comply
with:
(i) Any federal or state requirement to
track the shipment, transportation, and receipt of hazardous waste or other
waste material that is shipped from the site of generation to an off-site
designated facility for treatment, storage, recycling, or disposal;
or
(ii) Any federal or state
requirement to track the shipment, transportation, and receipt of rejected
wastes or regulated container residues that are shipped from a designated
facility to an alternative facility, or returned to the generator;
and
(b) Elects to use
the:
(i) Electronic manifest system to obtain,
complete, and transmit an electronic manifest format supplied by the EPA
electronic manifest system; or
(ii)
Paper manifest form and submits information to the electronic manifest system
in the form of a paper copy of the manifest or data from a paper copy of the
manifest for data processing purposes in accordance with COMAR
26.13.05.05B(1)(e)
or COMAR 26.13.06.05A.
(91)
"Vessel" means every description of watercraft used, or capable of being used,
as a means of transportation on the water.
(92) "Wastewater treatment unit" means a
device which:
(a) Is part of a wastewater
treatment facility which is subject to regulation under either § 402 or
307(b) of the Clean Water Act;
(b)
Receives and treats or stores an influent wastewater which is a hazardous waste
as defined in COMAR 26.13.02 or generates and accumulates a wastewater
treatment sludge which is hazardous waste as defined in COMAR 26.13.02 or
treats or stores a wastewater treatment sludge which is a hazardous waste as
defined in COMAR 26.13.02; and
(c)
Is a tank or tank system.
(93) "Water (bulk shipment)" means the bulk
transportation of hazardous waste which is loaded or carried on board a vessel
without containers or labels.
(94)
"Well" means any shaft or pit dug or bored into the earth, generally of a
cylindrical form, and often walled with bricks or tubing to prevent the earth
from caving in.
(95) "Well
injection" (see "underground injection").
(96) "Zone of engineering control" means an
area under the control of an owner or operator that, upon detection of a
hazardous waste release, can be readily cleaned up before any hazardous waste
or hazardous constituents are released to ground water or surface
water.
Notes
Regulations .03 amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .03B amended effective January 31, 1983 (10:2 Md. R. 110); February 13, 1984 (11:3 Md. R. 202); July 30, 1984 (11:15 Md. R. 1330); April 18, 1988 (15:8 Md. R. 1009)
Regulation .03B amended effective April 1, 1991 (18:6 Md. R. 690); December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533); August 28, 1995 (22:17 Md. R. 1321); September 10, 1997 (24:5 Md. R. 413); September 7, 1998 (25:18 Md. R. 1438); October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647); September 11, 2006 (33:18 Md. R. 1507); May 1, 2008 (35:8 Md. R. 809); amended effective 43:1 Md. R. 13, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.