| (38) Conditionally exempt small quantity generator--A
conditionally exempt small quantity generator (CESQG) is a very small
quantity generator as defined in this section that meets the independent
requirements and the conditions for exemption for a very small quantity
generator under §335.53 of this title (relating to General Standards
Applicable to Generators of Hazardous Waste). A reference to a conditionally
exempt small quantity generator, "CESQG", or a person who generates
no more than 100 kilograms of hazardous waste in a calendar month
is a reference to a very small quantity generator.
(39) Confined aquifer--An aquifer bounded above and
below by impermeable beds or by beds of distinctly lower permeability
than that of the aquifer itself; an aquifer containing confined groundwater.
(40) Contained--Hazardous secondary materials held
in a unit (including a "Land-based unit" as defined in this section)
that meets the following criteria:
(A) the unit is in good condition, with no leaks or
other continuing or intermittent unpermitted releases of the hazardous
secondary materials to the environment, and is designed, as appropriate
for the hazardous secondary materials, to prevent releases of hazardous
secondary materials to the environment. Unpermitted releases are releases
that are not covered by a permit (such as a permit to discharge to
water or air) and may include, but are not limited to, releases through
surface transport by precipitation runoff, releases to soil and groundwater,
wind-blown dust, fugitive air emissions, and catastrophic unit failures;
(B) the unit is properly labeled or otherwise has a
system (such as a log) to immediately identify the hazardous secondary
materials in the unit;
(C) the unit holds hazardous secondary materials that
are compatible with other hazardous secondary materials placed in
the unit and is compatible with the materials used to construct the
unit and addresses any potential risks of fires or explosions; and
(D) hazardous secondary materials in units that meet
the requirements of 40 Code of Federal Regulations Parts 264 and 265
are presumptively contained.
(41) Container--Any portable device in which a material
is stored, transported, processed, or disposed of, or otherwise handled.
(42) 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
to Standards).
(43) 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.
(44) 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.
(45) 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.
(46) 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.
(47) 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.
(48) 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.
(49) 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 40 CFR §264.72(f)
as adopted under §335.152 of this title (relating to Standards)
or 40 CFR §265.72(f) as adopted under §335.112 of this title
(relating to Standards).
(50) Destination facility--Has the definition adopted
under §335.261 of this title (relating to Universal Waste Rule).
(51) Dike--An embankment or ridge of either natural
or man-made materials used to prevent the movement of liquids, sludges,
solids, or other materials.
(52) Dioxins and furans (D/F)--Tetra, penta, hexa,
hepta, and octa-chlorinated dibenzo dioxins and furans.
(53) 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.
(54) 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.
(55) 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.
(56) 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.
(57) 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
system.
(58) 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
Sheet).
(59) 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.
(60) 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
Cont'd... |
