| (160) Totally enclosed treatment facility--A facility
for the processing 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 thereof into the environment during processing. An example
is a pipe in which acid waste is neutralized.
(161) Transfer facility--Any transportation-related
facility including loading docks, parking areas, storage areas, and
other similar areas where shipments of hazardous or industrial solid
waste or hazardous secondary materials are held during the normal
course of transportation.
(162) Transit country--Any foreign country, other than
a receiving country, through which a hazardous waste is transported.
(163) Transport vehicle--A motor vehicle or rail car
used for the transportation of cargo by any mode. Each cargo-carrying
body (trailer, railroad freight car, etc.) is a separate transport
vehicle. Vessel includes every description of watercraft, used or
capable of being used as a means of transportation on the water.
(164) Transporter--Any person who conveys or transports
municipal hazardous waste or industrial solid waste by truck, ship,
pipeline, or other means.
(165) Treatability study--A study in which a hazardous
or industrial solid waste is subjected to a treatment process to determine:
(A) whether the waste is amenable to the treatment
process;
(B) what pretreatment (if any) is required;
(C) the optimal process conditions needed to achieve
the desired treatment;
(D) the efficiency of a treatment process for a specific
waste or wastes; or
(E) the characteristics and volumes of residuals from
a particular treatment process. Also included in this definition for
the purpose of 40 Code of Federal Regulations §261.4(e) and (f)
(§§335.2, 335.69, and 335.78 of this title (relating to
Permit Required; Accumulation Time; and Special Requirements for Hazardous
Waste Generated by Conditionally Exempt Small Quantity Generators))
exemptions are liner compatibility, corrosion, and other material
compatibility studies and toxicological and health effects studies.
A treatability study is not a means to commercially treat or dispose
of hazardous or industrial solid waste.
(166) Treatment--To apply a physical, biological, or
chemical process(es) to wastes and contaminated media which significantly
reduces the toxicity, volume, or mobility of contaminants and which,
depending on the process(es) used, achieves varying degrees of long-term
effectiveness.
(167) Treatment zone--A soil area of the unsaturated
zone of a land treatment unit within which hazardous constituents
are degraded, transferred, or immobilized.
(168) Underground injection--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.")
(169) Underground tank--A device meeting the definition
of "Tank" in this section whose entire surface area is totally below
the surface of and covered by the ground.
(170) Unfit-for-use tank system--A tank system that
has been determined through an integrity assessment or other inspection
to be no longer capable of storing or processing solid waste or hazardous
waste without posing a threat of release of solid waste or hazardous
waste to the environment.
(171) United States Environmental Protection Agency
(EPA) acknowledgment of consent--The cable sent to EPA from the United
States Embassy in a receiving country that acknowledges the written
consent of the receiving country to accept the hazardous waste and
describes the terms and conditions of the receiving country's consent
to the shipment.
(172) United States Environmental Protection Agency
(EPA) hazardous waste number--The number assigned by the EPA to each
hazardous waste listed in 40 Code of Federal Regulations (CFR) Part
261, Subpart D and to each characteristic identified in 40 CFR Part
261, Subpart C.
(173) United States Environmental Protection Agency
(EPA) identification number--The number assigned by the EPA or the
commission to each generator, transporter, and processing, storage,
or disposal facility.
(174) Universal waste--Any of the hazardous wastes
defined as universal waste under §335.261(b)(16)(F) of this title
(relating to Universal Waste Rule) that are managed under the universal
waste requirements of Subchapter H, Division 5 of this chapter (relating
to Universal Waste Rule).
(175) Universal waste handler--Has the definition adopted
as "Large quantity handler of universal waste" and "Small quantity
handler of universal waste" under §335.261 of this title (relating
to Universal Waste Rule).
(176) Universal waste transporter--Has the definition
adopted under 40 Code of Federal Regulations §273.9.
(177) Unsaturated zone or zone of aeration--The zone
between the land surface and the water table.
(178) Uppermost aquifer--The geologic formation nearest
the natural ground surface that is an aquifer, as well as lower aquifers
that are hydraulically interconnected within the facility's property
boundary.
(179) Used oil--Any oil that has been refined from
crude oil, or any synthetic oil, that has been used, and, as a result
of such use, is contaminated by physical or chemical impurities. Used
oil fuel includes any fuel produced from used oil by processing, blending,
or other treatment. Rules applicable to nonhazardous used oil, oil
characteristically hazardous from use versus mixing, conditionally
exempt small quantity generator hazardous used oil, and household
used oil after collection that will be recycled are found in Chapter
324 of this title (relating to Used Oil Standards) and 40 Code of
Federal Regulations Part 279 (Standards for Management of Used Oil).
(180) User of the electronic manifest system--A hazardous
waste generator, a hazardous waste transporter, an owner or operator
of a hazardous waste treatment, storage, recycling, or disposal facility,
or any other person that:
(A) is required to use a manifest to comply with:
(i) any federal or state requirement to track the shipment,
transportation, and receipt of hazardous waste or other waste material
that is shipped from the site of generation to an off-site designated
facility for treatment, storage, recycling, or disposal; or
(ii) any federal or state requirement to track the
shipment, transportation, and receipt of rejected wastes or regulated
container residues that are shipped from a designated facility to
an alternative facility, or returned to the generator; and
(B) elects to use the system to obtain, complete and
transmit an electronic manifest format supplied by the United States
Environmental Protection Agency electronic manifest system; or
(C) elects to use the paper manifest form and submits
to the system for data processing purposes a paper copy of the manifest
(or data from such a paper copy), in accordance with §335.10
of this title (relating to Shipping and Reporting Procedures Applicable
to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters
of Hazardous Waste). These paper copies are submitted for data exchange
purposes only and are not the official copies of record for legal
purposes.
(181) Wastewater treatment unit--A device which:
(A) is part of a wastewater treatment facility subject
to regulation under either the Federal Water Pollution Control Act
(Clean Water Act), 33 United States Code, §§466 et seq., §402 or §307(b), as amended;
(B) receives and processes or stores an influent wastewater
which is a hazardous or industrial solid waste, or generates and accumulates
a wastewater treatment sludge which is a hazardous or industrial solid
waste, or processes or stores a wastewater treatment sludge which
is a hazardous or industrial solid waste; and
(C) meets the definition of "Tank" or "Tank system"
as defined in this section.
(182) Water (bulk shipment)--The bulk transportation
of municipal hazardous waste or Class 1 industrial solid waste which
is loaded or carried on board a vessel without containers or labels.
(183) Well--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.
(184) Wipe--A woven or non-woven shop towel, rag, pad,
or swab made of wood pulp, fabric, cotton, polyester blends, or other
material.
(185) Zone of engineering control--An area under the
control of the owner/operator that, upon detection of a solid waste
or hazardous waste release, can be readily cleaned up prior to the
release of solid waste or hazardous waste or hazardous constituents
to groundwater or surface water.
|
| Source Note: The provisions of this §335.1 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective September 1, 1986, 11 TexReg 3692; amended to be effective January 6, 1987, 11 TexReg 5096; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective February 1, 1989, 14 TexReg 316; amended to be effective August 4, 1989, 14 TexReg 3532; amended to be effective November 7, 1991, 16 TexReg 6065; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective November 27, 1992, 17 TexReg8010; amended to be effective June 28, 1993, 18 TexReg 3814; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective February 22, 1994, 19 TexReg 969; amended to be effective May 30, 1995, 20 TexReg 3722; amended to be effective February 26, 1996, 21 TexReg 1142; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective July 16, 1997, 22 TexReg 6456; amended to be effective September 23, 1997, 22 TexReg 9252; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 4, 1999, 24 TexReg 2352; amended to be effective September 5, 1999, 24 TexReg 6790; amended to be effective December 5, 1999, 24 TexReg 10562; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effectiveApril12,2001, 26 TexReg 2741; amended to be effective May 30, 2001, 26 TexReg 3807; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective September 1, 2003, 28 TexReg 6915; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective August 16, 2007, 32 TexReg 5010; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg 978; amended to be effective January 8, 2015, 40 TexReg 77; amended to be effective June 16, 2016, 41 TexReg 4259 |
