| used in this definition does
not include the actions of a transporter in conveying or transporting
solid waste by truck, ship, pipeline, or other means. Unless the executive
director determines that regulation of such activity is necessary
to protect human health or the environment, the definition of "Processing"
does not include activities relating to those materials exempted 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., as amended.
(141) Publicly-owned treatment works (POTW)--Any device
or system used in the treatment (including recycling and reclamation)
of municipal sewage or industrial wastes of a liquid nature which
is owned by a state or municipality (as defined by the federal Clean
Water Act, §502(4)). The definition includes sewers, pipes, or
other conveyances only if they convey wastewater to a POTW providing
treatment.
(142) Pyrolysis--A manufacturing process through which
post-use polymers are heated in an oxygen-deficient atmosphere until
melted and thermally decomposed and then cooled, condensed, and 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.
(143) Pyrolysis facility--A manufacturing facility
that receives, separates, stores, and converts post-use polymers using
pyrolysis.
(144) Qualified groundwater scientist--A scientist
or engineer who has received a baccalaureate or post-graduate degree
in the natural sciences or engineering, and has sufficient training
and experience in groundwater hydrology and related fields as may
be demonstrated by state registration, professional certifications,
or completion of accredited university courses that enable that individual
to make sound professional judgments regarding groundwater monitoring
and contaminant fate and transport.
(145) Recognized trader--A person domiciled in the
United States, by site of business, who acts to arrange and facilitate
transboundary movements of wastes destined for recovery or disposal
operations, either by purchasing from and subsequently selling to
United States and foreign facilities, or by acting under arrangements
with a United States waste facility to arrange for the export or import
of the wastes.
(146) 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).
(147) Regional administrator--The regional administrator
for the United States Environmental Protection Agency region in which
the facility is located, or his designee.
(148) 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.
(149) Remediation--The act of eliminating or reducing
the concentration of contaminants in contaminated media.
(150) 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.
(151) 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.
(152) 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.
(153) 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.
(154) Run-off--Any rainwater, leachate, or other liquid
that drains over land from any part of a facility.
(155) Run-on--Any rainwater, leachate, or other liquid
that drains over land onto any part of a facility.
(156) Saturated zone or zone of saturation--That part
of the earth's crust in which all voids are filled with water.
(157) Shipment--Any action involving the conveyance
of municipal hazardous waste or industrial solid waste by any means
off-site.
(158) 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.
(159) Small quantity generator--A generator who generates
the following amounts in a calendar month:
(A) greater than 100 kilograms (220 pounds) but less
than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste;
(B) less than or equal to 1 kilogram (2.2 pounds) of
acute hazardous waste listed in 40 Code of Federal Regulations (CFR) §261.31
or §261.33(e); and
(C) less than or equal to 100 kilograms (220 pounds)
of any residue or contaminated soil, water, or other debris resulting
from the cleanup of a spill, into or on any land or water, of any
acute hazardous waste listed in 40 CFR §261.31 or §261.33(e).
(160) 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 Cont'd... |
