15A NCAC 02D .1202      DEFINITIONS

(a)  For the purposes of this Section, the definitions in 40 CFR 60.5250, 40 CFR 60.2875, and 40 CFR 60.51c shall apply in addition to the following definitions:

(1)           "Air curtain incinerator," also referred to as an "air curtain burner," means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs as defined in 40 CFR 60.2875.

(2)           "Commercial and industrial solid waste incinerator" (CISWI) or "commercial and industrial solid waste incineration unit" is defined in 40 CFR 60.2875.

(3)           "Co-fired combustor" is defined in 40 CFR 60.51c. For the purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste shall be deemed "other" wastes when calculating the percentage of hospital, medical, or infectious waste combusted.

(4)           "Crematory incinerator" means any incinerator located at a crematory regulated pursuant to 21 NCAC 34C that is used solely for the cremation of human remains.

(5)           "Dioxin and Furan" (also referred to as "dioxins/furans") means tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.

(6)           "Hospital, medical, and infectious waste incinerator (HMIWI)" means any device that combusts any amount of hospital, medical, and infectious waste.

(7)           "Large HMIWI" means:

(A)          a HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour;

(B)          a continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or

(C)          a batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.

(8)           "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

(9)           "Medical and Infectious Waste" means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed in Part (A)(i) through (A)(vii) of this Subparagraph.

(A)          The definition of medical and infectious waste includes:

(i)            cultures and stocks of infectious agents and associated biologicals, including:

(I)            cultures from medical and pathological laboratories;

(II)          cultures and stocks of infectious agents from research and industrial laboratories;

(III)        wastes from the production of biologicals;

(IV)         discarded live and attenuated vaccines; and

(V)          culture dishes and devices used to transfer, inoculate, and mix cultures;

(ii)           human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery, autopsy, or other medical procedures, and specimens of body fluids and their containers;

(iii)          human blood and blood products including:

(I)            liquid waste human blood;

(II)          products of blood;

(III)        items saturated or dripping with human blood; or

(IV)         items that were saturated or dripping with human blood that are now caked with dried human blood, including serum, plasma, other blood components, and their containers, that were used or intended for use in either patient care, testing and laboratory analysis, or the development of pharmaceuticals. Intravenous bags are also included in this category;

(iv)          sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips;

(v)           animal waste, including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals, or testing of pharmaceuticals;

(vi)          isolation wastes, including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from highly communicable diseases, or isolated animals known to be infected with highly communicable diseases; and

(vii)         unused sharps, including the following unused or discarded sharps;

(I)            hypodermic needles;

(II)          suture needles;

(III)        syringes; and

(IV)         scalpel blades.

(B)          The definition of medical and infectious waste shall not include:

(i)            hazardous waste identified or listed in 40 CFR Part 261;

(ii)           household waste, as defined in 40 CFR 261.4(b)(1);

(iii)          ash from incineration of medical and infectious waste after the incineration process has been completed;

(iv)          human corpses, remains, and anatomical parts that are intended for interment or cremation; and

(v)           domestic sewage materials identified in 40 CFR 261.4(a)(1).

(10)         "Medium HMIWI" means:

(A)          a HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour;

(B)          a continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

(C)          a batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day.

(11)         "POTW" means a publicly owned treatment works as defined in 40 CFR 501.2.

(12)         "Sewage sludge" is defined in 40 CFR 60.5250.

(13)         "Sewage sludge incineration (SSI) unit" is defined in 40 CFR 60.5250.

(14)         "Small HMIWI" means:

(A)          a HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour;

(B)          a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or

(C)          a batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.

(15)         "Small remote HMIWI" means any small HMIWI that is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (SMSA) and that burns less than 2,000 pounds per week of hospital, medical and infectious waste. The 2,000 pound per week limitation does not apply during performance tests.

(16)         "Solid waste" means the term solid waste as defined in 40 CFR 241.2.

(17)         "Standard Metropolitan Statistical Area (SMSA)" means any area listed in Office of Management and Budget (OMB) Bulletin No. 93-17, entitled "Revised Statistical Definitions for Metropolitan Areas" dated July 30, 1993, incorporated by reference not including subsequent amendments or editions. A copy of this document may be obtained through the internet at http://www.census.gov/population/estimates/metro-city/93mfips.txt.

(b)  Whenever reference is made to the Code of Federal Regulations in this Section, the definition in the Code of Federal Regulations shall apply unless specifically stated otherwise in a particular rule. The Code of Federal Regulations is available in electronic form free of charge at https://www.gpo.gov/fdsys/search/home.action.

History Note:        Authority G.S. 143-213; 143-215.3(a)(1);

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993;

Temporary Amendment Eff. March 1, 2002;

Amended Eff. July 1, 2007; August 1, 2002;

Readopted Eff. July 1, 2018.