In addition to the terms defined in Chapter 3 of this title
(relating to Definitions), the following words and terms, when used
in this chapter, have the following meanings.
(1) Aboveground tank--A device meeting the definition
of "Tank" in this section and that is situated in such a way that
the entire surface area of the tank is completely above the plane
of the adjacent surrounding surface and the entire surface area of
the tank (including the tank bottom) is able to be visually inspected.
(2) Act--Texas Health and Safety Code, Chapter 361.
(3) Active life--The period from the initial receipt
of hazardous waste at the facility until the executive director receives
certification of final closure.
(4) Active portion--That portion of a facility where
processing, storage, or disposal operations are being or have been
conducted after November 19, 1980, and which is not a closed portion. (See also "Closed portion" and "Inactive
(5) Activities associated with the exploration, development,
and production of oil or gas or geothermal resources--Activities associated
(A) the drilling of exploratory wells, oil wells, gas
wells, or geothermal resource wells;
(B) the production of oil or gas or geothermal resources,
(i) activities associated with the drilling of injection
water source wells that penetrate the base of usable quality water;
(ii) activities associated with the drilling of cathodic
protection holes associated with the cathodic protection of wells
and pipelines subject to the jurisdiction of the commission to regulate
the production of oil or gas or geothermal resources;
(iii) activities associated with gasoline plants, natural
gas or natural gas liquids processing plants, pressure maintenance
plants, or repressurizing plants;
(iv) activities associated with any underground natural
gas storage facility, provided the terms "Natural gas" and "Storage
facility" shall have the meanings set out in the Texas Natural Resources
(v) activities associated with any underground hydrocarbon
storage facility, provided the terms "Hydrocarbons" and "Underground
hydrocarbon storage facility" shall have the meanings set out in the
Texas Natural Resources Code, §91.201; and
(vi) activities associated with the storage, handling,
reclamation, gathering, transportation, or distribution of oil or
gas prior to the refining of such oil or prior to the use of such
gas in any manufacturing process or as a residential or industrial
(C) the operation, abandonment, and proper plugging
of wells subject to the jurisdiction of the commission to regulate
the exploration, development, and production of oil or gas or geothermal
(D) the discharge, storage, handling, transportation,
reclamation, or disposal of waste or any other substance or material
associated with any activity listed in subparagraphs (A) - (C) of
this paragraph, except for waste generated in connection with activities
associated with gasoline plants, natural gas or natural gas liquids
processing plants, pressure maintenance plants, or repressurizing
plants if that waste is a hazardous waste as defined by the administrator
of the United States Environmental Protection Agency in accordance
with the Federal Solid Waste Disposal Act, as amended (42 United States
Code, §§6901 et seq.).
(6) Administrator--The administrator of the United
States Environmental Protection Agency or his designee.
(7) Ancillary equipment--Any device that is used to
distribute, meter, or control the flow of solid waste or hazardous
waste from its point of generation to a storage or processing tank(s),
between solid waste or hazardous waste storage and processing tanks
to a point of disposal on site, or to a point of shipment for disposal
off site. Such devices include, but are not limited to, piping, fittings,
flanges, valves, and pumps.
(8) Aquifer--A geologic formation, group of formations,
or part of a formation capable of yielding a significant amount of
groundwater to wells or springs.
(9) Area of concern--Any area of a facility under the
control or ownership of an owner or operator where a release to the
environment of hazardous wastes or hazardous constituents has occurred,
is suspected to have occurred, or may occur, regardless of the frequency
(10) Authorized representative--The person responsible
for the overall operation of a facility or an operation unit (i.e.,
part of a facility), e.g., the plant manager, superintendent, or person
of equivalent responsibility.
(11) Battery--As defined in §335.261 of this title
(relating to Universal Waste Rule).
(12) Boiler--An enclosed device using controlled flame
combustion and having the following characteristics:
(A) the unit must have physical provisions for recovering
and exporting thermal energy in the form of steam, heated fluids,
or heated gases;
(B) the unit's combustion chamber and primary energy
recovery section(s) must be of integral design. To be of integral
design, the combustion chamber and the primary energy recovery section(s)
(such as waterwalls and superheaters) must be physically formed into
one manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery section(s) are joined only
by ducts or connections carrying flue gas is not integrally designed;
however, secondary energy recovery equipment (such as economizers
or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section.
The following units are not precluded from being boilers solely because
they are not of integral design:
(i) process heaters (units that transfer energy directly
to a process stream); and
(ii) fluidized bed combustion units;
(C) while in operation, the unit must maintain a thermal
energy recovery efficiency of at least 60%, calculated in terms of
the recovered energy compared with the thermal value of the fuel;
(D) the unit must export and utilize at least 75% of
the recovered energy, calculated on an annual basis. In this calculation,
no credit shall be given for recovered heat used internally in the
same unit. (Examples of internal use are the preheating of fuel or
combustion air, and the driving of induced or forced draft fans or
feedwater pumps); or
(E) the unit is one which the executive director has
determined, on a case-by-case basis, to be a boiler, after considering
the standards in §335.20 of this title (relating to Variance
To Be Classified as a Boiler).
(13) Captive facility--A facility that accepts wastes
from only related (within the same corporation) off-site generators.
(14) Captured facility--A manufacturing or production
facility that generates an industrial solid waste or hazardous waste
that is routinely stored, processed, or disposed of on a shared basis
in an integrated waste management unit owned, operated by, and located
within a contiguous manufacturing complex.
(15) Captured receiver--A receiver that is located
within the property boundaries of the generators from which it receives
(16) Carbon dioxide stream--Carbon dioxide that has
been captured from an emission source (e.g., power plant), plus incidental
associated substances derived from the source materials and the capture
process, and any substances added to the stream to enable or improve
the injection process.
(17) Carbon regeneration unit--Any enclosed thermal
treatment device used to regenerate spent activated carbon.
(18) Cathode ray tube (CRT)--A vacuum tube, composed
primarily of glass, which is the visual or video display component
of an electronic device. A used, intact CRT means a CRT whose vacuum
has not been released. A used, broken CRT means its glass has been
removed from its housing, or casing whose vacuum has been released.
(19) Cathode ray tube (CRT) collector--A person who
receives used, intact CRTs for recycling, repair, resale, or donation.
(20) Cathode ray tube (CRT) exporter--Any person in
the United States who initiates a transaction to send used CRTs outside
the United States or its territories for recycling or reuse, or any
intermediary in the United States arranging for such export.
(21) Cathode ray tube (CRT) glass manufacturer--An
operation or part of an operation that uses a furnace to manufacture
(22) Cathode ray tube (CRT) processing--Conducting
all of the following activities:
(A) receiving broken or intact CRTs;
(B) intentionally breaking intact CRTs or further breaking
or separating broken CRTs; and
(C) sorting or otherwise managing glass removed from
(23) Certification--A statement of professional opinion
based upon knowledge and belief.
(24) Class 1 wastes--Any industrial solid waste or
mixture of industrial solid wastes which because of its concentration,
or physical or chemical characteristics, is toxic, corrosive, flammable,
a strong sensitizer or irritant, a generator of sudden pressure by
decomposition, heat, or other means, or may pose a substantial present
or potential danger to human health or the environment when improperly
processed, stored, transported, or disposed of or otherwise managed,
as further defined in §335.505 of this title (relating to Class
1 Waste Determination).
(25) Class 2 wastes--Any individual solid waste or
combination of industrial solid waste which cannot be described as
hazardous, Class 1, or Class 3 as defined in §335.506 of this
title (relating to Class 2 Waste Determination).
(26) Class 3 wastes--Inert and essentially insoluble
industrial solid waste, usually including, but not limited to, materials
such as rock, brick, glass, dirt, and certain plastics and rubber,
etc., that are not readily decomposable, as further defined in §335.507
of this title (relating to Class 3 Waste Determination).
(27) Closed portion--That portion of a facility which
an owner or operator has closed in accordance with the approved facility
closure plan and all applicable closure requirements. (See also "Active portion" and "Inactive
(28) Closure--The act of permanently taking a waste
management unit or facility out of service.
(29) Commercial hazardous waste management facility--Any
hazardous waste management facility that accepts hazardous waste or
polychlorinated biphenyl compounds for a charge, except a captured
facility or a facility that accepts waste only from other facilities
owned or effectively controlled by the same person.
(30) Component--Either the tank or ancillary equipment
of a tank system.
(31) 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.
(32) Consignee--The ultimate treatment, storage, or
disposal facility in a receiving country to which the hazardous waste
will be sent.
(33) 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.
(34) Container--Any portable device in which a material
is stored, transported, processed, or disposed of, or otherwise handled.
(35) 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
(36) 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.