| (D) hazardous secondary materials in units that meet
the requirements of 40 Code of Federal Regulations Parts 264 and 265
are presumptively contained.
(37) Container--Any portable device in which a material
is stored, transported, processed, or disposed of, or otherwise handled.
(38) Containment building--A hazardous waste management
unit that is used to store or treat hazardous waste under the provisions
of §335.112(a)(21) or §335.152(a)(19) of this title (relating
(39) Contaminant--Includes, but is not limited to,
"Solid waste," "Hazardous waste," and "Hazardous waste constituent"
as defined in this section; "Pollutant" as defined in Texas Water
Code (TWC), §26.001, and Texas Health and Safety Code (THSC), §361.401;
"Hazardous substance" as defined in THSC, §361.003; and other
substances that are subject to the Texas Hazardous Substances Spill
Prevention and Control Act, TWC, §§26.261 - 26.267.
(40) Contaminated medium/media--A portion or portions
of the physical environment to include soil, sediment, surface water,
groundwater or air, that contain contaminants at levels that pose
a substantial present or future threat to human health and the environment.
(41) Contingency plan--A document setting out an organized,
planned, and coordinated course of action to be followed in case of
a fire, explosion, or release of hazardous waste or hazardous waste
constituents which could threaten human health or the environment.
(42) Control--To apply engineering measures such as
capping or reversible treatment methods and/or institutional measures
such as deed restrictions to facilities or areas with wastes or contaminated
media which result in remedies that are protective of human health
and the environment when combined with appropriate maintenance, monitoring,
and any necessary further corrective action.
(43) Corrosion expert--A person who, by reason of his
knowledge of the physical sciences and the principles of engineering
and mathematics, acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks.
Such a person must be certified as being qualified by the National
Association of Corrosion Engineers or be a registered professional
engineer who has certification or licensing that includes education
and experience in corrosion control on buried or submerged metal piping
systems and metal tanks.
(44) Decontaminate--To apply a treatment process(es)
to wastes or contaminated media whereby the substantial present or
future threat to human health and the environment is eliminated.
(45) Designated facility--A hazardous waste treatment,
storage, or disposal facility which: has received a permit (or interim
status) in accordance with the requirements of 40 Code of Federal
Regulations (CFR) Parts 124 and 270; has received a permit (or interim
status) from a state authorized in accordance with 40 CFR Part 271;
or is regulated under 40 CFR §261.6(c)(2) or 40 CFR Part 266,
Subpart F and has been designated on the manifest by the generator
pursuant to 40 CFR §262.20. For hazardous wastes, if a waste
is destined to a facility in an authorized state which has not yet
obtained authorization to regulate that particular waste as hazardous,
then the designated facility must be a facility allowed by the receiving
state to accept such waste. For Class 1 wastes, a designated facility
is any treatment, storage, or disposal facility authorized to receive
the Class 1 waste that has been designated on the manifest by the
generator. Designated facility also means a generator site designated
on the manifest to receive its waste as a return shipment from a facility
that has rejected the waste in accordance with §335.12 of this
title (relating to Shipping Requirements Applicable to Owners or Operators
of Treatment, Storage, or Disposal Facilities).
(46) Destination facility--Has the definition adopted
under §335.261 of this title (relating to Universal Waste Rule).
(47) Dike--An embankment or ridge of either natural
or man-made materials used to prevent the movement of liquids, sludges,
solids, or other materials.
(48) Dioxins and furans (D/F)--Tetra, penta, hexa,
hepta, and octa-chlorinated dibenzo dioxins and furans.
(49) Discharge or hazardous waste discharge--The accidental
or intentional spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of waste into or on any land or water.
(50) Disposal--The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste or hazardous waste
(whether containerized or uncontainerized) into or on any land or
water so that such solid waste or hazardous waste or any constituent
thereof may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
(51) Disposal facility--A facility or part of a facility
at which solid waste is intentionally placed into or on any land or
water, and at which waste will remain after closure. The term "Disposal
facility" does not include a corrective action management unit into
which remediation wastes are placed.
(52) Drip pad--An engineered structure consisting of
a curbed, free-draining base, constructed of non-earthen materials
and designed to convey preservative kick-back or drippage from treated
wood, precipitation, and surface water run-on to an associated collection
system at wood preserving plants.
(53) Electronic import-export reporting compliance
date--The date that the United States Environmental Protection Agency
(EPA) announces in the Federal Register, on
or after which exporters, importers, and receiving facilities are
required to submit certain export and import related documents to
EPA using EPA's waste Import Export Tracking System, or its successor
(54) Electronic manifest or e-Manifest--The electronic
format of the hazardous waste manifest that is obtained from the United
States Environmental Protection Agency's (EPA's) national e-Manifest
system and transmitted electronically to the system, and that is the
legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation
(55) Electronic manifest system or e-Manifest system--The
United States Environmental Protection Agency's national information
technology system through which the electronic manifest may be obtained,
completed, transmitted, and distributed to users of the electronic
manifest and to regulatory agencies.
(56) Elementary neutralization unit--A device which:
(A) is used for neutralizing wastes which are hazardous
only because they exhibit the corrosivity characteristic defined in
40 Code of Federal Regulations (CFR) §261.22, or are listed in
40 CFR Part 261, Subpart D, only for this reason; or is used for neutralizing
the pH of nonhazardous industrial solid waste; and
(B) meets the definition of "Tank," "Tank system,"
"Container," or "Transport vehicle," as defined in this section; or
"Vessel" as defined in 40 CFR §260.10.
(57) Essentially insoluble--Any material, which if
representatively sampled and placed in static or dynamic contact with
deionized water at ambient temperature for seven days, will not leach
any quantity of any constituent of the material into the water in
excess of current United States Public Health Service or United States
Environmental Protection Agency limits for drinking water as published
in the Federal Register.
(58) Equivalent method--Any testing or analytical method
approved by the administrator under 40 Code of Federal Regulations §260.20
(59) Existing portion--That land surface area of an
existing waste management unit, included in the original Part A permit
application, on which wastes have been placed prior to the issuance
of a permit.
(60) Existing tank system or existing component--A
tank system or component that is used for the storage or processing
of hazardous waste and that is in operation, or for which installation
has commenced on or prior to July 14, 1986. Installation will be considered
to have commenced if the owner or operator has obtained all federal,
state, and local approvals or permits necessary to begin physical
construction of the site or installation of the tank system and if
(A) a continuous on-site physical construction or installation
program has begun; or
(B) the owner or operator has entered into contractual
obligations--which cannot be canceled or modified without substantial
loss--for physical construction of the site or installation of the
tank system to be completed within a reasonable time.
(61) Explosives or munitions emergency--A situation
involving the suspected or detected presence of unexploded ordnance,
damaged or deteriorated explosives or munitions, an improvised explosive
device, other potentially explosive material or device, or other potentially
harmful military chemical munitions or device, that creates an actual
or potential imminent threat to human health, including safety, or
the environment, including property, as determined by an explosives
or munitions emergency response specialist. These situations may require
immediate and expeditious action by an explosives or munitions emergency
response specialist to control, mitigate, or eliminate the threat.
(62) Explosives or munitions emergency response--All
immediate response activities by an explosives and munitions emergency
response specialist to control, mitigate, or eliminate the actual
or potential threat encountered during an explosives or munitions
emergency, subject to the following:
(A) an explosives or munitions emergency response includes
in-place render-safe procedures, treatment or destruction of the explosives
or munitions and/or transporting those items to another location to
be rendered safe, treated, or destroyed;
(B) any reasonable delay in the completion of an explosives
or munitions emergency response caused by a necessary, unforeseen,
or uncontrollable circumstance will not terminate the explosives or
munitions emergency; and
(C) explosives and munitions emergency responses can
occur on either public or private lands and are not limited to responses
at hazardous waste facilities.
(63) Explosives or munitions emergency response specialist--An
individual trained in chemical or conventional munitions or explosives
handling, transportation, render-safe procedures, or destruction techniques,
including United States Department of Defense (DOD) emergency explosive
ordnance disposal, technical escort unit, and DOD-certified civilian
or contractor personnel; and, other federal, state, or local government,
or civilian personnel similarly trained in explosives or munitions
(64) Extrusion--A process using pressure to force ground
poultry carcasses through a decreasing-diameter barrel or nozzle,
causing the generation of heat sufficient to kill pathogens, and resulting
in an extruded product acceptable as a feed ingredient.
(A) all contiguous land, and structures, other appurtenances,
and improvements on the land, used for storing, processing, or disposing
of municipal hazardous waste or industrial solid waste, or for the
management of hazardous secondary materials prior to reclamation.
A facility may consist of several treatment, storage, or disposal
operational units (e.g., one or more landfills, surface impoundments,
or combinations of them);
(B) for the purpose of implementing corrective action
under §335.167 of this title (relating to Corrective Action for
Solid Waste Management Units) or §335.602(a)(5) of this title
(relating to Standards), all contiguous property under the control
of the owner or operator seeking a permit for the treatment, storage,
and/or disposal of hazardous waste. This definition also applies to
facilities implementing corrective action under Texas Water Code, §7.031
(Corrective Action Relating to Hazardous Waste);
(C) regardless of subparagraph (B) of this paragraph,
a "Remediation waste management site," as defined in 40 Code of Federal
Regulations §260.10, is not a facility that is subject to §335.167
of this title, but is subject to corrective action requirements if
the site is located within such a facility.
(66) Final closure--The closure of all hazardous waste
management units at the facility in accordance with all applicable
closure requirements so that hazardous waste management activities
under Subchapter E of this chapter (relating to Interim Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities) and Subchapter F of this chapter (relating to
Permitting Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities) are no longer conducted at the facility
unless subject to the provisions in §335.69 of this title (relating
to Accumulation Time).
(67) Food-chain crops--Tobacco, crops grown for human
consumption, and crops grown for feed for animals whose products are
consumed by humans.
(68) Freeboard--The vertical distance between the top
of a tank or surface impoundment dike, and the surface of the waste
(69) Free liquids--Liquids which readily separate from
the solid portion of a waste under ambient temperature and pressure.