In addition to the terms defined in Chapter 3 of this title
(relating to Definitions), the following words and terms, when used
in this chapter, have the following meanings.
(1) Aboveground tank--A device meeting the definition
of "Tank" in this section and that is situated in such a way that
the entire surface area of the tank is completely above the plane
of the adjacent surrounding surface and the entire surface area of
the tank (including the tank bottom) is able to be visually inspected.
(2) Act--Texas Health and Safety Code, Chapter 361.
(3) Active life--The period from the initial receipt
of hazardous waste at the facility until the executive director receives
certification of final closure.
(4) Active portion--That portion of a facility where
processing, storage, or disposal operations are being or have been
conducted after November 19, 1980, and which is not a closed portion.
(See also "Closed portion" and "Inactive portion.")
(5) Activities associated with the exploration, development,
and production of oil or gas or geothermal resources--Activities associated
with:
(A) the drilling of exploratory wells, oil wells, gas
wells, or geothermal resource wells;
(B) the production of oil or gas or geothermal resources,
including:
(i) activities associated with the drilling of injection
water source wells that penetrate the base of usable quality water;
(ii) activities associated with the drilling of cathodic
protection holes associated with the cathodic protection of wells
and pipelines subject to the jurisdiction of the commission to regulate
the production of oil or gas or geothermal resources;
(iii) activities associated with gasoline plants, natural
gas or natural gas liquids processing plants, pressure maintenance
plants, or repressurizing plants;
(iv) activities associated with any underground natural
gas storage facility, provided the terms "Natural gas" and "Storage
facility" shall have the meanings set out in the Texas Natural Resources
Code, §91.173;
(v) activities associated with any underground hydrocarbon
storage facility, provided the terms "Hydrocarbons" and "Underground
hydrocarbon storage facility" shall have the meanings set out in the
Texas Natural Resources Code, §91.201; and
(vi) activities associated with the storage, handling,
reclamation, gathering, transportation, or distribution of oil or
gas prior to the refining of such oil or prior to the use of such
gas in any manufacturing process or as a residential or industrial
fuel;
(C) the operation, abandonment, and proper plugging
of wells subject to the jurisdiction of the commission to regulate
the exploration, development, and production of oil or gas or geothermal
resources; and
(D) the discharge, storage, handling, transportation,
reclamation, or disposal of waste or any other substance or material
associated with any activity listed in subparagraphs (A) - (C) of
this paragraph, except for waste generated in connection with activities
associated with gasoline plants, natural gas or natural gas liquids
processing plants, pressure maintenance plants, or repressurizing
plants if that waste is a hazardous waste as defined by the administrator
of the United States Environmental Protection Agency in accordance
with the Federal Solid Waste Disposal Act, as amended (42 United States
Code, §§6901 et seq.).
(6) Acute hazardous waste--Hazardous wastes that meet
the listing criteria in 40 Code of Federal Regulations (CFR) §261.11(a)(2)
and therefore are either listed in 40 CFR §261.31 with the assigned
hazard code of (H) or are listed in 40 CFR §261.33(e).
(7) Administrator--The administrator of the United
States Environmental Protection Agency or his designee.
(8) Aerosol can--A non-refillable receptacle containing
a gas compressed, liquefied, or dissolved under pressure, the sole
purpose of which is to expel a liquid, paste, or powder and fitted
with a self-closing release device allowing the contents to be ejected
by the gas.
(9) AES filing compliance date--The date that the United
States Environmental Protection Agency (EPA) announces in the Federal Register, on or after which exporters
of hazardous waste and exporters of cathode ray tubes for recycling
are required to file EPA information in the Automated Export System
or its successor system, under the International Trade Data System
platform.
(10) Airbag waste--Any hazardous waste airbag modules
or hazardous waste airbag inflators.
(11) Airbag waste collection facility--Any facility
that receives airbag waste from airbag handlers subject to regulation
under §335.281 of this title (relating to Airbag Waste) and accumulates
the waste for more than ten days.
(12) Airbag waste handler--Any person, by site, who
generates airbag waste that is subject to regulation under this chapter.
(13) Ancillary equipment--Any device that is used to
distribute, meter, or control the flow of solid waste or hazardous
waste from its point of generation to a storage or processing tank(s),
between solid waste or hazardous waste storage and processing tanks
to a point of disposal on site, or to a point of shipment for disposal
off site. Such devices include, but are not limited to, piping, fittings,
flanges, valves, and pumps.
(14) Aquifer--A geologic formation, group of formations,
or part of a formation capable of yielding a significant amount of
groundwater to wells or springs.
(15) Area of concern--Any area of a facility under
the control or ownership of an owner or operator where a release to
the environment of hazardous wastes or hazardous constituents has
occurred, is suspected to have occurred, or may occur, regardless
of the frequency or duration.
(16) Authorized representative--The person responsible
for the overall operation of a facility or an operation unit (i.e.,
part of a facility), e.g., the plant manager, superintendent, or person
of equivalent responsibility.
(17) Battery--As defined in §335.261 of this title
(relating to Universal Waste Rule).
(18) Boiler--An enclosed device using controlled flame
combustion and having the following characteristics:
(A) the unit must have physical provisions for recovering
and exporting thermal energy in the form of steam, heated fluids,
or heated gases;
(B) the unit's combustion chamber and primary energy
recovery section(s) must be of integral design. To be of integral
design, the combustion chamber and the primary energy recovery section(s)
(such as waterwalls and superheaters) must be physically formed into
one manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery section(s) are joined only
by ducts or connections carrying flue gas is not integrally designed;
however, secondary energy recovery equipment (such as economizers
or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section.
The following units are not precluded from being boilers solely because
they are not of integral design:
(i) process heaters (units that transfer energy directly
to a process stream); and
(ii) fluidized bed combustion units;
(C) while in operation, the unit must maintain a thermal
energy recovery efficiency of at least 60%, calculated in terms of
the recovered energy compared with the thermal value of the fuel;
and
(D) the unit must export and utilize at least 75% of
the recovered energy, calculated on an annual basis. In this calculation,
no credit shall be given for recovered heat used internally in the
same unit. (Examples of internal use are the preheating of fuel or
combustion air, and the driving of induced or forced draft fans or
feedwater pumps); or
(E) the unit is one which the executive director has
determined, on a case-by-case basis, to be a boiler, after considering
the standards in §335.20 of this title (relating to Variance
To Be Classified as a Boiler).
(19) Captive facility--A facility that accepts wastes
from only related (within the same corporation) off-site generators.
(20) Captured facility--A manufacturing or production
facility that generates an industrial solid waste or hazardous waste
that is routinely stored, processed, or disposed of on a shared basis
in an integrated waste management unit owned, operated by, and located
within a contiguous manufacturing complex.
(21) Captured receiver--A receiver that is located
within the property boundaries of the generators from which it receives
waste.
(22) Carbon dioxide stream--Carbon dioxide that has
been captured from an emission source (e.g., power plant), plus incidental
associated substances derived from the source materials and the capture
process, and any substances added to the stream to enable or improve
the injection process.
Cont'd... |