| (140) Recoverable feedstock--One or more of the following
materials, derived from nonhazardous industrial solid waste, other
than coal refuse, that has been processed so that it may be used as
feedstock in a "Gasification facility" or "Pyrolysis facility" as
defined in this section:
(A) post-use polymers; and
(B) material, including municipal solid waste containing
post-use polymers and other post-industrial waste containing post-use
polymers, that has been processed into a fuel or feedstock for which
the commission or the United States Environmental Protection Agency
has made a non-waste determination under 40 Code of Federal Regulations §241.3(c),
as amended through February 8, 2016 (81 FR 6742).
(141) Regional administrator--The regional administrator
for the United States Environmental Protection Agency region in which
the facility is located, or his designee.
(142) Remanufacturing--Processing a higher-value hazardous
secondary material in order to manufacture a product that serves a
similar functional purpose as the original commercial-grade material.
For the purpose of this definition, a hazardous secondary material
is considered higher-value if it was generated from the use of a commercial-grade
material in a manufacturing process and can be remanufactured into
a similar commercial-grade material.
(143) Remediation--The act of eliminating or reducing
the concentration of contaminants in contaminated media.
(144) 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 (relating
to Corrective Action Program) or §335.167(c) of this title.
(145) Remove--To take waste, contaminated design or
operating system components, or contaminated media away from a waste
management unit, facility, or area to another location for treatment,
storage, or disposal.
(146) Replacement unit--A landfill, surface impoundment,
or waste pile unit:
(A) from which all or substantially all the waste is
removed; and
(B) that is subsequently reused to treat, store, or
dispose of hazardous waste. "Replacement unit" does not apply to a
unit from which waste is removed during closure, if the subsequent
reuse solely involves the disposal of waste from that unit and other
closing units or corrective action areas at the facility, in accordance
with an approved closure plan or United States Environmental Protection
Agency or state approved corrective action.
(147) Representative sample--A sample of a universe
or whole (e.g., waste pile, lagoon, groundwater) which can be expected
to exhibit the average properties of the universe or whole.
(148) Run-off--Any rainwater, leachate, or other liquid
that drains over land from any part of a facility.
(149) Run-on--Any rainwater, leachate, or other liquid
that drains over land onto any part of a facility.
(150) Saturated zone or zone of saturation--That part
of the earth's crust in which all voids are filled with water.
(151) Shipment--Any action involving the conveyance
of municipal hazardous waste or industrial solid waste by any means
off-site.
(152) Sludge dryer--Any enclosed thermal treatment
device that is used to dehydrate sludge and that has a maximum total
thermal input, excluding the heating valve of the sludge itself, of
2,500 British thermal units per pound of sludge treated on a wet-weight
basis.
(153) Small quantity generator--A generator who generates
less than 1,000 kilograms of hazardous waste in a calendar month.
(154) Solid waste--
(A) Any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant or air pollution control facility,
and other discarded material, including solid, liquid, semisolid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities, but does not include:
(i) solid or dissolved material in domestic sewage,
or solid or dissolved material in irrigation return flows, or industrial
discharges subject to regulation by permit issued in accordance with
Texas Water Code, Chapter 26 (an exclusion applicable only to the
actual point source discharge that does not exclude industrial wastewaters
while they are being collected, stored, or processed before discharge,
nor does it exclude sludges that are generated by industrial wastewater
treatment);
(ii) uncontaminated soil, dirt, rock, sand, and other
natural or man-made inert solid materials used to fill land if the
object of the fill is to make the land suitable for the construction
of surface improvements. The material serving as fill may also serve
as a surface improvement such as a structure foundation, a road, soil
erosion control, and flood protection. Man-made materials exempted
under this provision shall only be deposited at sites where the construction
is in progress or imminent such that rights to the land are secured
and engineering, architectural, or other necessary planning have been
initiated. Waste disposal shall be considered to have occurred on
any land which has been filled with man-made inert materials under
this provision if the land is sold, leased, or otherwise conveyed
prior to the completion of construction of the surface improvement.
Under such conditions, deed recordation shall be required. The deed
recordation shall include the information required under §335.5(a)
of this title (relating to Deed Recordation of Waste Disposal), prior
to sale or other conveyance of the property;
(iii) waste materials which result from "Activities
associated with the exploration, development, or production of oil
or gas or geothermal resources," as those activities are defined in
this section, and any other substance or material regulated by the
Railroad Commission of Texas in accordance with the Texas Natural
Resources Code, §91.101, unless such waste, substance, or material
results from activities associated with gasoline plants, natural gas,
or natural gas liquids processing plants, pressure maintenance plants,
or repressurizing plants and is a hazardous waste as defined by the
administrator of the United States Environmental Protection Agency
(EPA) in accordance with the federal Solid Waste Disposal Act, 42
United States Code, §§6901 et seq., as
amended;
(iv) a material excluded by 40 Code of Federal Regulations
(CFR) §261.40, as amended through January 13, 2015 (80 FR 1694), §261.4(a)(1)
- (15), (17) - (24), (26), and (27), as amended through April 8, 2015
(80 FR 18777), or §261.39, as amended through November 28, 2016
(81 FR 85696), subject to the changes in this clause, by variance,
or by non-waste determination granted under §335.18 of this title
(relating to Non-Waste Determinations and Variances from Classification
as a Solid Waste), §335.19 of this title (relating to Standards
and Criteria for Variances from Classification as a Solid Waste), §335.21
of this title (relating to Procedures for Variances from Classification
as a Solid Waste or To Be Classified as a Boiler or for Non-Waste
Determinations), and §335.32 of this title (relating to Standards
and Criteria for Non-Waste Determinations). For the purposes of the
exclusions under 40 CFR §261.39 and §261.40, 40 CFR §261.41
is adopted by reference as amended through July 28, 2006 (71 FR 42928);
or
(v) recoverable feedstocks that are processed through
pyrolysis or gasification at a pyrolysis facility or gasification
facility, where the primary function of the facility is to convert
recoverable feedstocks into materials that have a resale value greater
than the cost of processing the recoverable feedstock for subsequent
beneficial use and where solid waste generated from converting recoverable
feedstock is disposed of at an authorized solid waste management facility.
(B) A discarded material is any material which is:
(i) abandoned, as explained in subparagraph (C) of
this paragraph;
(ii) recycled, as explained in subparagraph (D) of
this paragraph;
(iii) considered inherently waste-like, as explained
in subparagraph (E) of this paragraph; or
(iv) a military munition identified as a solid waste
in 40 CFR §266.202.
(C) Materials are solid wastes if they are abandoned
by being:
(i) disposed of;
(ii) burned or incinerated;
Cont'd... |
