| (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
emergency responses.
(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.
(65) Facility--Includes:
(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
contained therein.
(69) Free liquids--Liquids which readily separate from
the solid portion of a waste under ambient temperature and pressure.
(70) Gasification--A process through which recoverable
feedstocks are heated and converted into a fuel-gas mixture in an
oxygen-deficient atmosphere and the mixture is converted into a valuable
raw, intermediate, or final product, including a plastic, monomer,
chemical, wax, lubricant, or chemical feedstock or crude oil, diesel,
gasoline, diesel and gasoline blendstock, home heating oil, ethanol,
or another fuel.
(71) Gasification facility--A facility that receives,
separates, stores, and converts post-use polymers and recoverable
feedstocks using gasification.
(72) Generator--Any person, by site, who produces municipal
hazardous waste or industrial solid waste; any person who possesses
municipal hazardous waste or industrial solid waste to be shipped
to any other person; or any person whose act first causes the solid
waste to become subject to regulation under this chapter. For the
purposes of this regulation, a person who generates or possesses Class
3 wastes only shall not be considered a generator.
(73) Groundwater--Water below the land surface in a
zone of saturation.
(74) Hazardous industrial waste--Any industrial solid
waste or combination of industrial solid wastes identified or listed
as a hazardous waste by the administrator of the United States Environmental
Protection Agency in accordance with the Resource Conservation and
Recovery Act of 1976, §3001 (42 United States Code, §6921).
The administrator has identified the characteristics of hazardous
wastes and listed certain wastes as hazardous in 40 Code of Federal
Regulations Part 261. The executive director will maintain in the
offices of the commission a current list of hazardous wastes, a current
set of characteristics of hazardous waste, and applicable appendices,
as promulgated by the administrator.
(75) Hazardous secondary material--A secondary material
(e.g., spent material, by-product, or sludge) that, when discarded,
would be identified as "Hazardous waste" as defined in this section.
(76) Hazardous secondary material generator--Any person
whose act or process produces hazardous secondary materials at the
generating facility. For purposes of this paragraph, "generating facility"
means all contiguous property owned, leased, or otherwise controlled
by the hazardous secondary material generator. For the purposes of
40 Code of Federal Regulations §261.4(a)(23), a facility that
collects hazardous secondary materials from other persons is not the
hazardous secondary material generator.
(77) Hazardous substance--Any substance designated
as a hazardous substance under 40 Code of Federal Regulations Part
302.
(78) Hazardous waste--Any solid waste identified or
listed as a hazardous waste 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.
(79) Hazardous waste constituent--A constituent that
caused the administrator to list the hazardous waste in 40 Code of
Federal Regulations (CFR) Part 261, Subpart D or a constituent listed
in Table 1 of 40 CFR §261.24.
(80) Hazardous waste management facility--All contiguous
land, including structures, appurtenances, and other improvements
on the land, used for processing, storing, or disposing of hazardous
waste. The term includes a publicly- or privately-owned hazardous
waste management facility consisting of processing, storage, or disposal
operational hazardous waste management units such as one or more landfills,
surface impoundments, waste piles, incinerators, boilers, and industrial
furnaces, including cement kilns, injection wells, salt dome waste
containment caverns, land treatment facilities, or a combination of
units.
(81) Hazardous waste management unit--A landfill, surface
impoundment, waste pile, industrial furnace, incinerator, cement kiln,
injection well, container, drum, salt dome waste containment cavern,
or land treatment unit, or any other structure, vessel, appurtenance,
or other improvement on land used to manage hazardous waste.
(82) In operation--Refers to a facility which is processing,
storing, or disposing of solid waste or hazardous waste.
Cont'd... |
