Chapter 03. Standards Applicable to Generators of RHS
Regulation .01 General.LinkCopy Citation
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.
Regulation .02 Characterization and Management of RHS.LinkCopy Citation
A.
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.
B.
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.
C.
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.
Regulation .03 Maryland Identification Number.LinkCopy Citation
A.
A person may not manage RHS without first having obtained a Maryland identification number from the Secretary.
B.
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.
Regulation .04 Transportation of RHS.LinkCopy Citation
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.
Regulation .05 RHS Manifest.LinkCopy Citation
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.
Regulation .06 Disposal of Specific Wastes.LinkCopy Citation
A.
A person may dispose of the following RHS in accordance with a general or specific license without regard for the radioactivity of the RHS:
(1)
0.05 microcurie or less of hydrogen 3 or carbon 14 per gram of medium for liquid scintillation counting;
(2)
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.
B.
This regulation does not relieve the licensee from maintaining records as required in RCIR showing the receipt, transfer, and disposal of the RHS.
C.
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.
Regulation .07 Annual Report.LinkCopy Citation
A.
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.
B.
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:
(1)
The facility's name, address, and material user's license number;
(2)
The calendar year covered by the report;
(3)
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;
(4)
A description, and the volume and activity, of each RHS the facility received during the year;
(5)
The method of management for each RHS; and
(6)
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.
C.
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.
D.
Persons managing RHS are not required to report the following activities on the annual report required by §A of this regulation:
(1)
Management of RHS generated from the use of radioactive materials which are distributed under RCIR §C.3 or C.4;
(2)
Management of RHS received from a generator who generates RHS using radioactive materials which are distributed under RCIR §C.3 or C.4;
(3)
Disposal of specific waste as allowed under Regulation .06 of this chapter; or
(4)
Management of RHS generated from a production or utilization facility regulated by the U.S. Nuclear Regulatory Commission under 10 CFR §150.15.
Regulation .08 Audits.LinkCopy Citation
A.
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.
B.
A person subject to this regulation shall assure that:
(1)
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;
(2)
Audit results are documented, and the results are reviewed by management having responsibility in the area audited; and
(3)
Follow-up action, including correction and reauditing of deficient areas, is taken when indicated.
Chapter annotations
Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
History: Effective date: September 27, 1993 (20:19 Md. R. 1473)
History: Regulation .05 amended effective June 28, 1999 (26:13 Md. R. 1021)