| (112) PCBs or polychlorinated biphenyl compounds--Compounds
subject to 40 Code of Federal Regulations Part 761.
(113) Permit--A written permit issued by the commission
which, by its conditions, may authorize the permittee to construct,
install, modify, or operate a specified municipal hazardous waste
or industrial solid waste treatment, storage, or disposal facility
in accordance with specified limitations.
(114) Personnel or facility personnel--All persons
who work at, or oversee the operations of, a solid waste or hazardous
waste facility, and whose actions or failure to act may result in
noncompliance with the requirements of this chapter.
(115) Pesticide--Has the definition adopted under §335.261
of this title (relating to Universal Waste Rule).
(116) Petroleum substance--A crude oil or any refined
or unrefined fraction or derivative of crude oil which is a liquid
at standard conditions of temperature and pressure.
(A) Except as provided in subparagraph (C) of this
paragraph for the purposes of this chapter, a "petroleum substance"
shall be limited to a substance in or a combination or mixture of
substances within the following list (except for any listed substance
regulated as a hazardous waste under the federal Solid Waste Disposal
Act, Subtitle C (42 United States Code (USC), §§6921, et seq.)) and which is liquid at standard
conditions of temperature (20 degrees Centigrade) and pressure (1
atmosphere):
(i) basic petroleum substances--i.e., crude oils, crude
oil fractions, petroleum feedstocks, and petroleum fractions;
(ii) motor fuels--a petroleum substance which is typically
used for the operation of internal combustion engines and/or motors
(which includes, but is not limited to, stationary engines and engines
used in transportation vehicles and marine vessels);
(iii) aviation gasolines--i.e., Grade 80, Grade 100,
and Grade 100-LL;
(iv) aviation jet fuels--i.e., Jet A, Jet A-1, Jet
B, JP-4, JP-5, and JP-8;
(v) distillate fuel oils--i.e., Number 1-D, Number
1, Number 2-D, and Number 2;
(vi) residual fuel oils--i.e., Number 4-D, Number 4-light,
Number 4, Number 5-light, Number 5-heavy, and Number 6;
(vii) gas-turbine fuel oils--i.e., Grade O-GT, Grade
1-GT, Grade 2-GT, Grade 3-GT, and Grade 4-GT;
(viii) illuminating oils--i.e., kerosene, mineral seal
oil, long-time burning oils, 300 oil, and mineral colza oil;
(ix) lubricants--i.e., automotive and industrial lubricants;
(x) building materials--i.e., liquid asphalt and dust-laying
oils;
(xi) insulating and waterproofing materials--i.e.,
transformer oils and cable oils; and
(xii) used oils--See definition for "used oil" in this
section.
(B) For the purposes of this chapter, a "petroleum
substance" shall include solvents or a combination or mixture of solvents
(except for any listed substance regulated as a hazardous waste under
the federal Solid Waste Disposal Act, Subtitle C (42 USC, §§6921, et seq.)) and which is liquid at standard
conditions of temperature (20 degrees Centigrade) and pressure (1
atmosphere) i.e., Stoddard solvent, petroleum spirits, mineral spirits,
petroleum ether, varnish makers' and painters' naphthas, petroleum
extender oils, and commercial hexane.
(C) The following materials are not considered petroleum
substances:
(i) polymerized materials, i.e., plastics, synthetic
rubber, polystyrene, high and low density polyethylene;
(ii) animal, microbial, and vegetable fats;
(iii) food grade oils;
(iv) hardened asphalt and solid asphaltic materials--i.e.,
roofing shingles, roofing felt, hot mix (and cold mix); and
(v) cosmetics.
(117) Pile--Any noncontainerized accumulation of solid,
nonflowing solid waste or hazardous waste that is used for processing
or storage, and that is not a corrective action management unit or
a containment building.
(118) Plasma arc incinerator--Any enclosed device using
a high intensity electrical discharge or arc as a source of heat followed
by an afterburner using controlled flame combustion and which is not
listed as an industrial furnace.
(119) Post-closure order--An order issued by the commission
for post-closure care of interim status units, a corrective action
management unit unless authorized by permit, or alternative corrective
action requirements for contamination commingled from Resource Conservation
and Recovery Act and solid waste management units.
(120) Poultry--Chickens or ducks being raised or kept
on any premises in the state for profit.
(121) Poultry carcass--The carcass, or part of a carcass,
of poultry that died as a result of a cause other than intentional
slaughter for use for human consumption.
(122) Poultry facility--A facility that:
(A) is used to raise, grow, feed, or otherwise produce
poultry for commercial purposes; or
(B) is a commercial poultry hatchery that is used to
produce chicks or ducklings.
(123) Primary exporter--Any person who is required
to originate the manifest for a shipment of hazardous waste in accordance
with the regulations contained in 40 Code of Federal Regulations Part
262, Subpart B, which are in effect as of November 8, 1986, or equivalent
state provision, which specifies a treatment, storage, or disposal
facility in a receiving country as the facility to which the hazardous
waste will be sent and any intermediary arranging for the export.
(124) Processing--The extraction of materials, transfer,
volume reduction, conversion to energy, or other separation and preparation
of solid waste for reuse or disposal, including the treatment or neutralization
of solid waste or hazardous waste, designed to change the physical,
chemical, or biological character or composition of any solid waste
or hazardous waste so as to neutralize such waste, or so as to recover
energy or material from the waste or so as to render such waste nonhazardous,
or less hazardous; safer to transport, store or dispose of; or amenable
for recovery, amenable for storage, or reduced in volume. The transfer
of solid waste for reuse or disposal as used in this definition does
not include the actions of a transporter in conveying or transporting
solid waste by truck, ship, pipeline, or other means. Unless the executive
director determines that regulation of such activity is necessary
to protect human health or the environment, the definition of processing
does not include activities relating to those materials exempted by
the administrator of the United States Environmental Protection Agency
in accordance with the federal Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act, 42 United States Code,
§§6901 et seq., as amended.
(125) Publicly-owned treatment works (POTW)--Any device
or system used in the treatment (including recycling and reclamation)
of municipal sewage or industrial wastes of a liquid nature which
is owned by a state or municipality (as defined by the Clean Water
Act, §502(4)). The definition includes sewers, pipes, or other
conveyances only if they convey wastewater to a POTW providing treatment.
(126) Qualified groundwater scientist--A scientist
or engineer who has received a baccalaureate or post-graduate degree
in the natural sciences or engineering, and has sufficient training
and experience in groundwater hydrology and related fields as may
be demonstrated by state registration, professional certifications,
or completion of accredited university courses that enable that individual
to make sound professional judgments regarding groundwater monitoring
and contaminant fate and transport.
(127) Receiving country--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).
(128) Regional administrator--The regional administrator
for the United States Environmental Protection Agency region in which
the facility is located, or his designee.
(129) Remediation--The act of eliminating or reducing
the concentration of contaminants in contaminated media.
(130) Remediation waste--All solid and hazardous wastes,
and all media (including groundwater, surface water, soils, and sediments)
and debris, which contain listed hazardous wastes or which themselves
exhibit a hazardous waste characteristic, that are managed for the
purpose of implementing corrective action requirements under §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units) and Texas Water Code, §7.031 (Corrective Action Relating
to Hazardous Waste). For a given facility, remediation wastes may
originate only from within the facility boundary, but may include
waste managed in implementing corrective action for releases beyond
the facility boundary under §335.166(5) of this title Cont'd... |
