This chapter provides definitions of terms, general standards, and overview information applicable to this subtitle. This subtitle sets forth the regulations that govern the management of radioactive hazardous substances (RHS). Nothing in this chapter releases the radioactive hazardous substances generator (RHSG) from requirements prescribed in COMAR 26.13.01—26.13.13, 26.11.01.21, 26.12.01.01, or any other applicable state, federal, or local law or regulation. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Agreement state” means a state with which the U.S. Nuclear Regulatory Commission has entered into an effective agreement under subsection 274b of the Atomic Energy Act of 1954, as amended. “As low as is reasonably achievable (ALARA)” means as low as is reasonably achievable: Taking into account the state of technology; Taking into account the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations; and In relation to the utilization of ionizing radiation in the public interest. “Chelating agent” means an organic compound that bonds with a central metal atom or ion at two or more points such as amine polycarboxylic acids, hydroxy-carboxylic acids, gluconic acid, and polycarboxylic acids. “Compact” means the Appalachian States Low-Level Radioactive Waste Compact entered into by the states of Pennsylvania, Maryland, Delaware, and West Virginia, in accordance with Environment Article, §§7-301—7-306, Annotated Code of Maryland. “CHS” means a controlled hazardous substance as described in COMAR 26.13. “Department” means the Department of the Environment. “Explosive material” means a chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame. “License” means a material user's authorization issued by the Secretary of the Environment under COMAR 26.12.01.01, another agreement state, or the U.S. Nuclear Regulatory Commission under comparable regulations. “Licensee” means a person who is issued a material user's license under COMAR 26.12.01.01 by the Maryland Department of the Environment, another agreement state, or the U.S. Nuclear Regulatory Commission under comparable regulations. “Management” means transportation, treatment, storage, or disposal of RHS. “Near-surface disposal facility” means a disposal facility in which RHS is disposed of in, or within approximately the upper 30 meters of, the earth's surface. “On-site” has the meaning stated in COMAR 26.13.01.03B. “Operator” means the person responsible for the overall operation of an RHS facility. “Owner” means the person who owns an RHS facility or part of a facility. “Person” means: An individual; A trust; A firm; A joint stock company; A federal agency, to the extent authorized by federal law; A corporation, including a government corporation; A partnership; An association; A state; A municipality; A commission; A political subdivision of a state; or An interstate body. “Pyrophoric liquid” means a liquid that ignites spontaneously in dry or moist air at or below 130°F or 54.5°C. Pyrophoric Solid. “Pyrophoric solid” means solid material, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation, handling, or disposal hazard. “Pyrophoric solid” includes spontaneously combustible and water-reactive material. “Radioactive hazardous substance (RHS)” means a radioactive hazardous substance as defined in COMAR 26.15.02.02. Radioactive hazardous substance is synonymous with low-level nuclear waste and low-level radioactive waste as defined in Environment Article, §7-201, Annotated Code of Maryland, and §2 of the National Low-Level Radioactive Waste Policy Amendments Act of 1985, respectively. “Radioactive hazardous substances generator (RHSG)” means a person that produces a radioactive hazardous substance. “RCIR” means a document entitled “Maryland State Department of the Environment Regulations for Control of Ionizing Radiation (1985)” which is incorporated by reference in COMAR 26.12.01.01. “Regional disposal facility” means a facility within a compact state which has been approved by the Appalachian States Low-Level Radioactive Waste Commission for the disposal of low-level radioactive waste. “RHS disposal” means the isolation of RHS from the biosphere inhabited by man and containing his food chains by emplacement in an RHS land disposal facility. “RHS facility” means all continuous land and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of RHS. A facility may consist of several treatment, storage, or disposal operational units. “RHS manifest” means the national uniform low-level radioactive waste manifest appropriately completed and signed by the RHS generator which contains the information required by COMAR 26.15.03.05 and by 10 CFR §20.2006. “RHS treatment” means a method, technique, or process including neutralization that is designed to change the physical, chemical, radioactive, or biological characteristics or composition of a radioactive hazardous substance (RHS) so as to render the RHS nonradioactive or nonhazardous, safe for transport, or reduced in volume. “Secretary” means the Secretary of the Environment, or the Secretary's designee. “Site closure and stabilization” means action that is taken upon completion of operations that prepares the disposal site for custodial care and assures that the disposal site will remain stable and not need ongoing active maintenance. “Source” means a person who generates, transports, treats, stores, or disposes of RHS. “Stability” means structural stability. Availability and confidentiality of information contained in documents submitted to the Department under this subtitle shall be subject to the requirements of COMAR 26.13.01.02 and State Government Article, §§10-611—10-630, Annotated Code of Maryland. Petitions to the Secretary to modify or revoke any provision in this subtitle will be subject to the requirements of COMAR 26.13.01.04 and 26.01.03.03. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: September 27, 1993 (20:19 Md. R. 1473) Regulation .02B amended effective June 28, 1999 (26:13 Md. R. 1021) This chapter identifies those solid wastes which are subject to regulation as RHS under this subtitle. Regulation .02 of this chapter defines RHS. Regulation .03 of this chapter discusses classification of RHS. Regulation .04 of this chapter establishes predisposal requirements for classes of RHS. “Radioactive hazardous substance (RHS)” means a solid waste that contains or is contaminated with radioactive material emitting primarily gamma or beta radiation and is not transuranic waste or high-level nuclear waste. “RHS” does not include: RHS owned or generated by the U.S. Department of Energy; RHS owned or generated by the U.S. Navy as a result of the decommissioning of vessels of the U.S. Navy; RHS owned or generated by the federal government as a result of any research, development, testing, or production of any atomic weapon; Any other RHS with concentrations of radionuclides that exceed the limits established by the U.S. Nuclear Regulatory Commission for class C radioactive waste, as defined by 10 CFR §61.55, in effect on January 26, 1983; Waste that, when surveyed at the container surface or, if deemed appropriate by the Secretary, sampled and analyzed, demonstrates the absence of radioactivity that can be distinguished from the background radiation level using radiation detection methods considered appropriate by the Secretary; or Excreta from individuals undergoing medical diagnosis or therapy with radioactive material. An RHS is classified according to the concentration of long-lived radionuclides and their shorter-lived precursors. The class of an RHS is determined using Table 1 in §C of this regulation or Table 2 in §D of this regulation, as applicable. Classification Determined by Long-Lived Radionuclides. If the RHS contains only radionuclides listed in Table 1, classification is determined as follows: If the concentration does not exceed 0.1 times the value in Table 1, the RHS is Class A; If the concentration exceeds 0.1 times the value in Table 1, and does not exceed the value in Table 1, the RHS is Class C; If the concentration exceeds the value in Table 1, the RHS is greater than Class C and is not generally acceptable for near-surface disposal. For RHS containing mixtures of radionuclides listed in Table 1, the total concentration is determined by the sum of fractions rule described in §G of this regulation. Table 1. Classification Determined by Short-Lived Radionuclides. If the RHS does not contain any of the radionuclides listed in Table 1, classification is determined based on the concentrations shown in Table 2, as follows: If the concentration does not exceed the value in Column 1, the RHS is Class A; If the concentration exceeds the value in Column 1, but does not exceed the value in Column 2, the RHS is Class B; If the concentration exceeds the value in Column 2, but does not exceed the value in Column 3, the RHS is Class C; If the concentration exceeds the value in Column 3, the RHS is greater than Class C and is not generally acceptable for near-surface disposal. For RHS containing mixtures of the radionuclides listed in Table 2, the total concentration is determined by the sum of fractions rule described in §G of this regulation. Classification Determined by Both Long and Short-Lived Radionuclides. If the RHS contains a mixture of radionuclides, some of which are listed in Table 1, and some of which are listed in Table 2, classification is determined as follows: If the concentration of a radionuclide listed in Table 1 does not exceed 0.1 times the value listed in Table 1, the class is that determined by the concentration of radionuclides listed in Table 2; If the concentration of a radionuclide listed in Table 1 exceeds 0.1 times the value listed in Table 1, and does not exceed the value in Table 1, the RHS shall be Class C, if the concentration of radionuclides listed in Table 2 does not exceed the value shown in Column 3 of Table 2. Classification of RHS with Radionuclides Other Than Those Listed in Table 1 and 2. If the RHS does not contain any radionuclides listed in either Table 1 or 2, it is Class A. The Sum of the Fractions Rule for Mixtures of Radionuclides. For determining classification of RHS that contains a mixture of radionuclides, a person shall determine the sum of fractions by dividing each radionuclide's concentration by the appropriate limit and adding the resulting values. A person shall take the appropriate limits from the same column of the same table. If the sum of the fractions for the column is less than 1.0, the waste class shall be determined by that column. Determination of Concentrations in RHS. The concentration of a radionuclide may be determined by indirect methods such as use of scaling factors which relate the inferred concentration of one radionuclide to another that is measured, or radionuclide material accountability, if the Secretary finds there is reasonable assurance that the indirect methods can be correlated with actual measurements. The concentration of a radionuclide may be averaged over the volume of the RHS or weight of the RHS if the units are expressed as nanocuries per gram. Before shipping RHS for disposal, a person: Shall package RHS in conformance with the conditions of the RHS facility permit issued to the site owner or operator to which the RHS will be shipped; May not package RHS for disposal in cardboard or fiberboard boxes; Shall package RHS that is in a liquid state in sufficient absorbent material to absorb twice the volume of any liquid that is present; Shall package solid RHS containing liquid to contain as little free-standing and noncorrosive liquid as is reasonably achievable, but the liquid may not exceed 1 percent of the volume; Shall insure that RHS is not readily capable of detonation, of explosive decomposition or reaction at normal pressures and temperatures, or of explosive reaction with water; Shall assure that the RHS does not contain, and is not capable of generating, concentrations of toxic gases, vapors, or fumes harmful to persons transporting, handling, or disposing of the waste, except that this does not apply to gaseous RHS packaged in accordance with §A(8) of this regulation; Shall treat, prepare, and package RHS that contains pyrophoric materials in a manner which assures that the flash point is above 100°F or 37.8°C; Shall package RHS that is in a gaseous state at an absolute pressure that does not exceed 1.5 atmospheres at 20°C; May not permit the total radioactivity to exceed 100 curies per container for RHS packages described in §A(8) of this regulation; and Shall manage RHS waste containing other hazardous waste or special medical waste, in accordance with the requirements of COMAR 26.13, to reduce, to the maximum extent practicable, the potential nonradiological hazard. Before shipping RHS classes B or C for disposal at an RHS disposal facility, a person shall: Insure that the RHS is structurally stable as indicated in §D of this regulation; Comply with the following requirements for liquid RHS or RHS containing liquids, notwithstanding the provisions of §A(3) and (4) of this regulation: Assure that liquid RHS or RHS containing liquids has been converted into a form that contains as little free-standing and noncorrosive liquid as is reasonably achievable, and Assure that the amount of liquid in the RHS does not exceed 1 percent of the volume of the RHS when the RHS is in a disposal container designed to ensure stability, or 0.5 percent of the volume of the RHS for RHS processed to a stable form; Reduce void spaces within the RHS and between the RHS and its package, to the extent practicable. A person shall clearly label each package of RHS to identify it as Class A, Class B, or Class C RHS, in accordance with Regulation .03 of this chapter. Structural stability shall be provided by the physical and chemical form used, processing the RHS to a stable form, or placing the RHS in a disposal container or structure that provides stability after disposal. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: September 27, 1993 (20:19 Md. R. 1473) A person who generates RHS using generally or specifically licensed radioactive materials, or materials subject to the general or specific licensing requirements of COMAR 26.12.01.01 or comparable regulations issued by the U.S. Nuclear Regulatory Commission or another agreement state, is subject to these regulations. A person who generates a solid waste as defined in COMAR 26.13.02.02 shall determine if that waste is an RHS by determining whether the RHS is excluded from the RHS disposal requirements under COMAR 26.15.02.02, or RCIR, §§C.3 and C.4. If radioactive components of the waste are not excluded under §A of this regulation, they shall be managed and disposed of in accordance with this subtitle. A person who generates an RHS which contains, or is contaminated with, another CHS shall also manage that material in compliance with COMAR 26.13.01—26.13.13. A person may not manage RHS without first having obtained a Maryland identification number from the Secretary. A generator may obtain a Maryland identification number by applying to the Department. Upon receiving the request, the Department shall assign a Maryland identification number to the applicant. Before transportation of RHS outside of the confines of the RHS facility or other location where the RHS is generated, and before delivery to a transporter, an RHS generator shall comply with the applicable packaging and labeling requirements of the regulations appropriate to the mode of transport in 49 CFR 170—189, which is incorporated by reference. RHS generators, facility owners or operators, and transporters who ship RHS for transfer and disposal shall comply with the manifest requirements of 10 CFR §20.2006. A person may dispose of the following RHS in accordance with a general or specific license without regard for the radioactivity of the RHS: 0.05 microcurie or less of hydrogen 3 or carbon 14 per gram of medium for liquid scintillation counting; 0.05 microcurie or less of hydrogen 3 or carbon 14 per gram of animal tissue averaged over the weight of the entire animal, except that tissue may not be disposed of under this regulation in a manner that would permit its use either as food for humans or as animal feed. This regulation does not relieve the licensee from maintaining records as required in RCIR showing the receipt, transfer, and disposal of the RHS. This regulation does not relieve a person from complying with any other applicable federal or state laws. Radioactive waste which is CHS and which is excluded by regulation from the disposal requirements of the RHS regulations shall be managed in compliance with COMAR 26.13.01—26.13.13. Except for persons identified in §D of this regulation, a person managing RHS shall prepare and submit a single copy of an annual report to the Secretary by March 1 of each year. The Department shall provide the report form and instructions to be used for the report. A person required to submit an annual report under §A of this regulation shall ensure that the annual report covers RHS management activities during the previous calendar year and includes the following information: The facility's name, address, and material user's license number; The calendar year covered by the report; For facilities that accepted RHS from off site, the materials user's license number of each RHS generator from which the facility received a shipment of RHS during the year; A description, and the volume and activity, of each RHS the facility received during the year; The method of management for each RHS; and For RHS received from generators in states other than those that are party states to the Appalachian States Low-Level Radioactive Waste Compact, the name and address of the compact commission having responsibility, under the terms of P.L. 99-240, the Low-Level Radioactive Policy Amendments Act of 1985, for the state in which the waste was generated. For facilities accepting RHS from off site, a person required to file an annual report under this regulation shall provide the information required by §B of this regulation arranged according to the materials user's license for each generator from whom RHS was received. Persons managing RHS are not required to report the following activities on the annual report required by §A of this regulation: Management of RHS generated from the use of radioactive materials which are distributed under RCIR §C.3 or C.4; Management of RHS received from a generator who generates RHS using radioactive materials which are distributed under RCIR §C.3 or C.4; Disposal of specific waste as allowed under Regulation .06 of this chapter; or Management of RHS generated from a production or utilization facility regulated by the U.S. Nuclear Regulatory Commission under 10 CFR §150.15. Persons who arrange for transfer of RHS to a near-surface disposal facility permitted by another agreement state or the U.S. Nuclear Regulatory Commission shall establish and maintain an audit program to assure that the waste form, packaging, and content meet the criteria for waste form, packaging, and content of COMAR 26.15.02.04. A person subject to this regulation shall assure that: The audits are performed, in accordance with written procedures and check lists, by appropriately trained personnel not having direct responsibility in the areas being audited; Audit results are documented, and the results are reviewed by management having responsibility in the area audited; and Follow-up action, including correction and reauditing of deficient areas, is taken when indicated. Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland Effective date: September 27, 1993 (20:19 Md. R. 1473) Regulation .05 amended effective June 28, 1999 (26:13 Md. R. 1021)