26.13.01.03

.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.

(2-2) "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) 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.

(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.

(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 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.

(24-1) "FFDCA" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§321—394.

(24-2) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136—136y.

(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 26.13.03.05E.

(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.

(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.

(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.

(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 by the generator or offeror in accordance with the instructions in the appendix to 40 CFR Part 262 and the applicable requirements of:

(a) COMAR 26.13.02—26.13.06;

(b) 40 CFR Parts 262—265; or

(c) Regulations of the state in which the shipment originated that are analogous to 40 CFR Parts 262—265.

(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.

(51-2) 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.

(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.

(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 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.

(90-2) "Used oil re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil.

(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.