Aboveground release means any release to the surface of the
land or to surface water. This includes, but is not limited to, releases from
the above-ground portion of an underground storage tank (UST) system and
aboveground releases associated with overfills and transfer operations as the
regulated substance moves to or from an UST system.
Above ground tank means a device meeting the definition of
"tank" in 40 CFR 260.10 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.
Active life of a facility means the period from the initial
receipt of hazardous waste at the facility until the Regional Administrator
receives certification of final closure.
Active portion means that portion of a facility where
treatment, storage, or disposal operations are being or have been conducted
after the effective date of 40 CFR 261 of the regulations and which is not a
closed portion. (See also "closed portion" and "inactive
Active range means a military range that is currently in
service and is being regularly used for range activities.
Administrator means the Administrator of the United States
Environmental Protection Agency, or an authorized representative.
Adverse weather means the weather conditions that make it
difficult for response equipment and personnel to clean up or remove spilled
oil, and that will be considered when identifying response systems and
equipment in a response plan for the applicable operating environment. Factors
to consider include significant wave height, and as appropriate, ice
conditions, temperatures, weather-related visibility, and currents within the
area in which the systems or equipment are intended to function.
Agency means the United States Environmental Protection
Air compressor system means air compressors, piping, receiver
tanks, volume tanks and bottles, dryers, air lines, and related appurtenances.
Air stripping operation is a desorption operation employed to
transfer one or more volatile components from a liquid mixture into a gas (air)
either with or without the application of heat to the liquid. Packed towers,
spray towers, and bubble-cap, sieve, or valve-type plate towers are among the
process configurations used for contacting the air and a liquid.
Animal fat means a non-petroleum oil, fat, or grease of
animal, fish, or marine mammal origin.
Ancillary equipment means any device including, but not
limited to, such devices as piping, fittings, flanges, valves, and pumps, that
is used to distribute, meter, or control the flow of hazardous waste from its
point of generation to a storage or treatment tank(s), between hazardous waste
storage and treatment tanks to a point of disposal onsite, or to a point of
shipment for disposal off-site.
Annual document log means the detailed information maintained
at the facility on the PCB waste handling at the facility.
Annual report means the written document submitted each year
by each disposer and commercial storer of PCB waste to the appropriate EPA
Regional Administrator. The annual report is a brief summary of the information
included in the annual document log.
Application means the EPA standard national forms for applying
for a permit, including any additions, revisions or modifications to the forms;
or forms approved by EPA for use in "approved States," including any
approved modifications or revisions.
Applicable standards and limitations means all State,
interstate, and federal standards and limitations to which a
"discharge," a "sewage sludge use or disposal practice," or
a related activity is subject under the Clean Water Act (CWA), including
"effluent limitations," water quality standards, standards of
performance, toxic effluent standards or prohibitions, "best management
practices," pretreatment standards, and "standards for sewage sludge
use or disposal" under sections 301, 302, 303, 304, 306, 307, 308, 403 and
405 of CWA.
Average monthly discharge limitation means the highest
allowable average of "daily discharges" over a calendar month,
calculated as the sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured
during that month.
Average weekly discharge limitation means the highest
allowable average of "daily discharges" over a calendar week,
calculated as the sum of all "daily discharges" measured during a
calendar week divided by the number of "daily discharges" measured
during that week.
Aquifer means a geologic formation, group of formations, or
part of a formation capable of yielding a significant amount of ground water to
wells or springs.
Authorized representative means the person responsible for the
overall operation of a facility or an operational unit (i.e., part of a
facility), e.g., the plant manager, superintendent or person of equivalent
Battery means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store, and
deliver electric energy. An electrochemical cell is a system consisting of an
anode, cathode, and an electrolyte, plus such connections (electrical and
mechanical) as may be needed to allow the cell to deliver or receive electrical
energy. The term battery also includes an intact, unbroken battery from which
the electrolyte has been removed.
Belowground release means any release to the subsurface of the
land and to ground water. This includes, but is not limited to, releases from
the belowground portions of an underground storage tank system and belowground
releases associated with overfills and transfer operations as the regulated
substance moves to or from an underground storage tank.
Beneath the surface of the ground means beneath the ground
surface or otherwise covered with earthen materials.
Best management practices ("BMPs") means schedules
of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of "waters of the
United States." BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
Boiler means an enclosed device using controlled flame
combustion and having the following characteristics:
(1)(i) The unit must have physical provisions for recovering and exporting
thermal energy in the form of steam, heated fluids, or heated gases; and
(ii) The unit's combustion chamber and primary energy recovery sections(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: process heaters (units that transfer energy directly to a process
stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered energy
compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75 percent 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
(2) The unit is one which the Regional Administrator has determined, on a
case-by-case basis, to be a boiler, after considering the standards in 40 CFR
Bottoms receiver means a container or tank used to receive and
collect the heavier bottoms fractions of the distillation feed stream that
remain in the liquid phase.
Byproduct means a chemical substance produced without separate
commercial intent during the manufacturing or processing of another chemical
substance(s) or mixture(s).
Capacitor means a device for accumulating and holding a charge
of electricity and consisting of conducting surfaces separated by a dielectric.
Types of capacitors are as follows:
(1) Small capacitor means a capacitor which contains less than 1.36
kg (3 lbs.) of dielectric fluid. The following assumptions may be used if the
actual weight of the dielectric fluid is unknown. A capacitor whose total
volume is less than 1,639 cubic centimeters (100 cubic inches) may be
considered to contain less than 1.36 kgs (3 lbs.) of dielectric fluid and a
capacitor whose total volume is more than 3,278 cubic centimeters (200 cubic
inches) must be considered to contain more than 1.36 kg (3 lbs.) of dielectric
fluid. A capacitor whose volume is between 1,639 and 3,278 cubic centimeters
may be considered to contain less then 1.36 kg (3 lbs.) of dielectric fluid if
the total weight of the capacitor is less than 4.08 kg (9 lbs.).
(2) Large high voltage capacitor means a capacitor which contains
1.36 kg (3 lbs.) or more of dielectric fluid and which operates at 2,000 volts
(a.c. or d.c.) or above.
(3) Large low voltage capacitor means a capacitor which contains 1.36
kg (3 lbs.) or more of dielectric fluid and which operates below 2,000 volts
(a.c. or d.c.).
Cathodic protection is a technique to prevent corrosion of a
metal surface by making that surface the cathode of an electrochemical cell.
For example, a tank system can be cathodically protected through the
application of either galvanic anodes or impressed current.
Cathodic protection tester means a person who can demonstrate
an understanding of the principles and measurements of all common types of
cathodic protection systems as applied to buried or submerged metal piping and
tank systems. At a minimum, such persons must have education and experience in
soil resistivity, stray current, structure-to-soil potential, and component
electrical isolation measurements of buried metal piping and tank systems.
CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601-9657).
Certification means a written statement regarding a specific
fact or representation that contains the following language:
Under civil and criminal penalties of law for the making or submission of
false or fraudulent statements or representations (18 U.S.C. 1001 and 15 U.S.C.
2615), I certify that the information contained in or accompanying this
document is true, accurate, and complete. As to the identified section(s) of
this document for which I cannot personally verify truth and accuracy, I
certify as the company official having supervisory responsibility for the
persons who, acting under my direct instructions, made the verification that
this information is true, accurate, and complete.
Chemical substance, (1) except as provided in paragraph (2) of
this definition, means any organic or inorganic substance of a particular
molecular identity, including: Any combination of such substances occurring in
whole or part as a result of a chemical reaction or occurring in nature, and
any element or uncombined radical.
(2) Such term does not include: Any mixture; any pesticide (as defined in
the Federal Insecticide, Fungicide, and Rodenticide Act) when manufactured,
processed, or distributed in commerce for use as a pesticide; tobacco or any
tobacco product; any source material, special nuclear material, or byproduct
material (as such terms are defined in the Atomic Energy Act of 1954 and
regulations issued under such Act); any article the sale of which is subject to
the tax imposed by section 4181 of the Internal Revenue Code of 1954 (determined
without regard to any exemptions from such tax provided by section 4182 or
section 4221 or any provisions of such Code); and any food, food additive,
drug, cosmetic, or device (as such terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act) when manufactured, processed, or
distributed in commerce for use as a food, food additive, drug, cosmetic, or
Chemical waste landfill means a landfill at which protection
against risk of injury to health or the environment from migration of PCBs to
land, water, or the atmosphere is provided from PCBs and PCB Items deposited
therein by locating, engineering, and operating the landfill as specified in 40
Cleanup site means the areal extent of contamination and all
suitable areas in proximity to the contamination necessary for implementation
of a cleanup of PCB remediation waste, regardless of whether the site was
intended for management of waste.
Closed-vent system means a system that is not open to the
atmosphere and that is composed of piping, connections, and, if necessary,
flow-inducing devices that transport gas or vapor from a piece or pieces of
equipment to a control device.
Compatible means the ability of two or more substances to
maintain their respective physical and chemical properties upon contact with
one another for the design life of the tank system under conditions likely to
be encountered in the UST.
Complex means a facility possessing a combination of
transportation-related and non-transportation-related components that is
subject to the jurisdiction of more than one Federal agency under section
311(j) of the Clean Water Act.
Condenser means a heat-transfer device that reduces a
thermodynamic fluid from its vapor phase to its liquid phase.
Connected piping means all underground piping including
valves, elbows, joints, flanges, and flexible connectors attached to a tank
system through which regulated substances flow. For the purpose of determining
how much piping is connected to any individual UST system, the piping that
joins two UST systems should be allocated equally between them.
Connector means flanged, screwed, welded, or other joined
fittings used to connect two pipelines or a pipeline and a piece of equipment.
For the purposes of reporting and recordkeeping, connector means flanged
fittings that are not covered by insulation or other materials that prevent
location of the fittings.
Consignee means the ultimate treatment, storage or disposal
facility in a receiving country to which the hazardous waste will be sent.
Consumptive use with respect to heating oil means consumed on
Continuous recorder means a data-recording device recording an
instantaneous data value at least once every 15 minutes.
Control device means
an enclosed combustion device, vapor recovery system, or flare. Any device the
primary function of which is the recovery or capture of solvents or other
organics for use, reuse, or sale (e.g., a primary condenser on a solvent
recovery unit) is not a control device.
Control device shutdown means the cessation of operation of a
control device for any purpose.
Corrosion expert means a person who, by reason of thorough
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
accredited or 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 of buried or submerged metal piping systems and metal tanks.
Contiguous zone means the entire zone established by the
United States under Article 24 of the Convention on the Territorial Sea and the
Continuous discharge means a "discharge" which
occurs without interruption throughout the operating hours of the facility,
except for infrequent shutdowns for maintenance, process changes, or other
CWA and regulations means the Clean Water Act (CWA) and
applicable regulations promulgated thereunder. In the case of an approved State
program, it includes State program requirements.
Daily discharge means the "discharge of a pollutant"
measured during a calendar day or any 24-hour period that reasonably represents
the calendar day for purposes of sampling. For pollutants with limitations
expressed in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants with
limitations expressed in other units of measurement, the "daily
discharge" is calculated as the average measurement of the pollutant over
Designated facility means the off-site disposer or commercial
storer of PCB waste designated on the manifest as the facility that will
receive a manifested shipment of PCB waste.
Destination facility means a facility that treats, disposes
of, or recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of 40 CFR 273.13 and
273.33 of the regulations. A facility at which a particular category of
universal waste is only accumulated, is not a destination facility for purposes
of managing that category of universal waste. Typically these facilities are
not located on a campus but are commercial enterprises that are located
Dike means an embankment or ridge of either natural or
man-made materials used to prevent the movement of liquids, sludges, solids, or
Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and
octa-chlorinated dibenzo dioxins and furans.
Direct discharge means the "discharge of a
Dielectric material means a material that does not conduct
direct electrical current. Dielectric coatings are used to electrically isolate
UST systems from the surrounding soils. Dielectric bushings are used to
electrically isolate portions of the UST system (e.g., tank from piping).
Discharge when used without qualification means the
"discharge of a pollutant."
Discharge of a pollutant means:
(a) Any addition of any "pollutant" or combination of pollutants
to "waters of the United States" from any "point source,"
(b) Any addition of any pollutant or combination of pollutants to the waters
of the "contiguous zone" or the ocean from any point source other
than a vessel or other floating craft which is being used as a means of
transportation. This definition includes additions of pollutants into waters of
the United States from: surface runoff which is collected or channelled by man;
discharges through pipes, sewers, or other conveyances owned by a State,
municipality, or other person which do not lead to a treatment works; and
discharges through pipes, sewers, or other conveyances, leading into privately
owned treatment works. This term does not include an addition of pollutants by
any "indirect discharger."
Discharge Monitoring Report ("DMR") means the EPA
uniform national form, including any subsequent additions, revisions, or
modifications for the reporting of self-monitoring results by permittees. DMRs
must be used by "approved States" as well as by EPA. EPA will supply
DMRs to any approved State upon request. The EPA national forms may be modified
to substitute the State Agency name, address, logo, and other similar
information, as appropriate, in place of EPA's.
Discharge or hazardous waste discharge means the
accidental or intentional spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of hazardous waste into or on any land or water.
Disposal means intentionally or accidentally to discard, throw
away, or otherwise complete or terminate the useful life of PCBs and PCB Items.
Disposal includes spills, leaks, and other uncontrolled discharges of PCBs as
well as actions related to containing, transporting, destroying, degrading,
decontaminating, or confining PCBs and PCB Items.
Disposal means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste or hazardous waste 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 ground waters.
Disposal facility means a facility or part of a facility at
which hazardous 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
Disposer of PCB waste, as the term is used in subparts J and K
of 40 CFR 761.30, means any person who owns or operates a facility approved by
EPA for the disposal of PCB waste which is regulated for disposal under the
requirements of subpart D of 40 CFR 761.30.
Distillate receiver means a container or tank used to receive
and collect liquid material (condensed) from the overhead condenser of a
distillation unit and from which the condensed liquid is pumped to larger
storage tanks or other process units.
Distillation operation means an operation, either batch or
continuous, separating one or more feed stream(s) into two or more exit
streams, each exit stream having component concentrations different from those
in the feed stream(s). The separation is achieved by the redistribution of the
components between the liquid and vapor phase as they approach equilibrium
within the distillation unit.
Distribute in commerce and Distribution in Commerce
when used to describe an action taken with respect to a chemical substance,
mixture, or article containing a substance or mixture means to sell, or the
sale of, the substance, mixture, or article in commerce; to introduce or
deliver for introduction into commerce, or the introduction or delivery for
introduction into commerce of the substance, mixture, or article; or to hold or
the holding of, the substance, mixture, or article after its introduction into
Double block and bleed system means two block valves connected
in series with a bleed valve or line that can vent the line between the two
Double wash/rinse means a minimum requirement to cleanse solid
surfaces (both impervious and nonimpervious) two times with an appropriate solvent
or other material in which PCBs are at least 5 percent soluble (by weight). A
volume of PCB-free fluid sufficient to cover the contaminated surface
completely must be used in each wash/rinse. The wash/rinse requirement does not
mean the mere spreading of solvent or other fluid over the surface, nor does
the requirement mean a once-over wipe with a soaked cloth. Precautions must be
taken to contain any runoff resulting from the cleansing and to dispose
properly of wastes generated during the cleansing.
DOT means the United States Department of Transportation.
Drip pad is 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
Dry weight means the weight of the sample, excluding the
weight of the water in the sample. Prior to chemical analysis the water may be
removed by any reproducible method that is applicable to measuring PCBs in the
sample matrix at the concentration of concern, such as air drying at ambient
temperature, filtration, decantation, heating at low temperature followed by
cooling in the presence of a desiccant, or other processes or combinations of
processes which would remove water but not remove PCBs from the sample.
Analytical procedures which calculate the dry weight concentration by adjusting
for moisture content may also be used.
Effluent limitation means any restriction imposed by the
governing regulatory authority on quantities, discharge rates, and
concentrations of "pollutants" which are "discharged" from
"point sources" into "waters of the United States," the waters
of the "contiguous zone," or the ocean.
Effluent limitations guidelines means a regulation published
by the Administrator under section 304(b) of CWA to adopt or revise
Electrical equipment means underground (beneath the surface of
the earth) equipment that contains dielectric fluid that is necessary for the
operation of equipment such as transformers and buried electrical cable.
Environmental Protection Agency ("EPA") means the
United States Environmental Protection Agency.
EPA means the United States "Environmental Protection
EPA Acknowledgement of Consent means the cable sent to EPA
from the U.S. Embassy in a receiving country that acknowledges the written
consent of the receiving country to accept the hazardous waste and describes
the terms and conditions of the receiving country's consent to the shipment.
EPA identification number means the number assigned by EPA to
each generator, transporter, and treatment, storage, or disposal facility.
EPA region means the states and territories found in any one of
the following ten regions:
Region I -- Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and
Region II -- New York, New Jersey, Commonwealth of Puerto Rico, and the U.S.
Region III -- Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and
the District of Columbia.
Region IV -- Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, South Carolina, and Florida.
Region V -- Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI -- New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII -- Nebraska, Kansas, Missouri, and Iowa.
Region VIII -- Montana, Wyoming, North Dakota, South Dakota, Utah, and
Region IX -- California, Nevada, Arizona, Hawaii, Guam, American Samoa,
Commonwealth of the Northern Mariana Islands.
Region X -- Washington, Oregon, Idaho, and Alaska.
Equipment means each valve, pump, compressor, pressure relief
device, sampling connection system, open-ended valve or line, or flange or
other connector, and any control devices or systems required by this subpart.
Existing hazardous waste management (HWM) facility or existing
facility means a facility which was in operation or for which
construction commenced on or before November 19, 1980. A facility has commenced
(1) The owner or operator has obtained the Federal, State and local
approvals or permits necessary to begin physical construction; and either
(2)(i) A continuous on-site, physical construction program has begun; or
(ii) The owner or operator has entered into contractual obligations -- which
cannot be cancelled or modified without substantial loss -- for physical
construction of the facility to be completed within a reasonable time.
Existing portion means 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.
Existing tank system or existing component means a tank
system or component that is used for the storage or treatment 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 either (1) a continuous on-site physical construction or
installation program has begun, or (2) 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.
Explosives or munitions emergency means a situation involving
the suspected or detected presence of unexploded ordnance (UXO), damaged or
deteriorated explosives or munitions, an improvised explosive device (IED),
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. Such situations may require immediate and expeditious
action by an explosives or munitions emergency response specialist to control,
mitigate, or eliminate the threat.
Explosives or munitions emergency response means 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. An explosives or
munitions emergency response may include 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. 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. Explosives and munitions
emergency responses can occur on either public or private lands and are not
limited to responses at RCRA facilities.
Explosives or munitions emergency response specialist means an
individual trained in chemical or conventional munitions or explosives
handling, transportation, render-safe procedures, or destruction techniques.
Explosives or munitions emergency response specialists include Department of
Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort
unit (TEU), 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.
Excavation zone means the volume containing the tank system
and backfill material bounded by the ground surface, walls, and floor of the
pit and trenches into which the UST system is placed at the time of
Existing tank system means a tank system used to contain an
accumulation of regulated substances or for which installation has commenced on
or before December 22, 1988. Installation is considered to have commenced if:
(a) 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,
(b)(1) Either a continuous on-site physical construction or installation
program has begun; or,
(2) The owner or operator has entered into contractual obligations -- which
cannot be cancelled or modified without substantial loss -- for physical
construction at the site or installation of the tank system to be completed
within a reasonable time.
Farm tank is a tank located on a tract of land devoted to the
production of crops or raising animals, including fish, and associated
residences and improvements. A farm tank must be located on the farm property.
"Farm" includes fish hatcheries, rangeland and nurseries with growing
Federal agency means any department, agency, or other
instrumentality of the Federal Government, any independent agency or
establishment of the Federal Government including any Government corporation,
and the Government Printing Office.
Federal Indian reservation means all land within the limits of
any Indian reservation under the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and including rights-of-way running
through the reservation.
Federal, State and local approvals or permits necessary to begin
physical construction means permits and approvals required under
Federal, State or local hazardous waste control statutes, regulations or
First attempt at repair means to take rapid action for the
purpose of stopping or reducing leakage of organic material to the atmosphere
using best practices.
Fish and wildlife and sensitive environments means areas that
may be identified by either their legal designation or members of the Federal
On-Scene Coordinator's spill response structure (during responses). These areas
may include wetlands, National and State parks, critical habitats for
endangered/threatened species, wilderness and natural resource areas, marine
sanctuaries and estuarine reserves, conservation areas, preserves, wildlife
areas, wildlife refuges, wild and scenic rivers, recreational areas, national
forests, Federal and State lands that are research national areas, heritage
program areas, land trust areas, and historical and archeological sites and
parks. These areas may also include unique habitats such as: aquaculture sites
and agricultural surface water intakes, bird nesting areas, critical biological
resource areas, designated migratory routes, and designated seasonal habitats.
Flame zone means the portion of the combustion chamber in a
boiler occupied by the flame envelope.
Flow indicator means a device that indicates whether gas or
liquid flow is present in a pipe of conduit.
Flow-through process tank is a tank that forms an integral
part of a production process through which there is a steady, variable,
recurring, or intermittent flow of materials during the operation of the
process. Flow-through process tanks do not include tanks used for the storage
of materials prior to their introduction into the production process or for the
storage of finished products or by-products from the production process.
Fluorescent light ballast means a device that electrically
controls fluorescent light fixtures and that includes a capacitor containing
0.1 kg or less of dielectric.
Fractionation operation means a distillation operation or
method used to separate a mixture of several volatile components of different
boiling points in successive stages, each stage removing from the mixture some
proportion of one of the components.
Free liquids means liquids which readily separate from the
solid portion of a waste under ambient temperature and pressure.
Free product refers to a regulated substance that is present
as a non-aqueous phase liquid (e.g., liquid not dissolved in water.)
Freeboard means the vertical distance between the top of a
tank or surface impoundment dike, and the surface of the waste contained
Gathering lines means any pipeline, equipment, facility, or building
used in the transportation of oil or gas during oil or gas production or
General permit means an NPDES "permit" issued under
§ 122.28 authorizing a category of discharges under the CWA within a
Generator means any person, by site, whose act or process
produces hazardous waste identified or listed in part 261 of the regulations or
whose act first causes a hazardous waste to become subject to regulation.
Ground water means water below the land surface in a zone of
Hazardous substance means any substance designated under 40
CFR part 116 pursuant to section 311 of CWA.
Hazardous substance UST system means an underground storage
tank system that contains a hazardous substance defined in section 101(14) of
the Comprehensive Environmental Response, Compensation and Liability Act of
1980 (but not including any substance regulated as a hazardous waste under
subtitle C) or any mixture of such substances and petroleum, and which is not a
petroleum UST system.
Hazardous waste means a hazardous waste as defined in 40 CFR
261.3 of the regulations.
Hazardous waste constituent means a constituent that caused
the Administrator to list the hazardous waste in part 40 CFR 261, subpart D, of
the regulations, or a constituent listed in table 1 of 40 CFR 261.24 of the
Hazardous waste management unit is a contiguous area of land
on or in which hazardous waste is placed, or the largest area in which there is
significant likelihood of mixing hazardous waste constituents in the same area.
Examples of hazardous waste management units include a surface impoundment, a
waste pile, a land treatment area, a landfill cell, an incinerator, a tank and
its associated piping and underlying containment system and a container storage
area. A container alone does not constitute a unit; the unit includes
containers and the land or pad upon which they are placed.
Hazardous waste management unit shutdown means a work practice
or operational procedure that stops operation of a hazardous waste management
unit or part of a hazardous waste management unit. An unscheduled work practice
or operational procedure that stops operation of a hazardous waste management
unit or part of a hazardous waste management unit for less than 24 hours is not
a hazardous waste management unit shutdown. The use of spare equipment and
technically feasible bypassing of equipment without stopping operation are not
hazardous waste management unit shutdowns.
Heating oil means petroleum that is No. 1, No. 2, No. 4 --
light, No. 4 -- heavy, No. 5 -- light, No. 5 -- heavy, and No. 6 technical
grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil
and Bunker C); and other fuels when used as substitutes for one of these fuel
oils. Heating oil is typically used in the operation of heating equipment,
boilers, or furnaces.
High-concentration PCBs means PCBs that contain 500 ppm or
greater PCBs, or those materials which EPA requires to be assumed to contain
500 ppm or greater PCBs in the absence of testing.
High-contact industrial surface means a surface in an
industrial setting which is repeatedly touched, often for relatively long
periods of time. Manned machinery and control panels are examples of
high-contact industrial surfaces. High-contact industrial surfaces are
generally of impervious solid material. Examples of low-contact industrial
surfaces include ceilings, walls, floors, roofs, roadways and sidewalks in the
industrial area, utility poles, unmanned machinery, concrete pads beneath
electrical equipment, curbing, exterior structural building components, indoor
vaults, and pipes.
High-contact residential/commercial surface means a surface in
a residential/commercial area which is repeatedly touched, often for relatively
long periods of time. Doors, wall areas below 6 feet in height, uncovered
flooring, windowsills, fencing, bannisters, stairs, automobiles, and children's
play areas such as outdoor patios and sidewalks are examples of high-contact
residential/commercial surfaces. Examples of low-contact residential/commercial
surfaces include interior ceilings, interior wall areas above 6 feet in height,
roofs, asphalt roadways, concrete roadways, wooden utility poles, unmanned
machinery, concrete pads beneath electrical equipment, curbing, exterior
structural building components (e.g., aluminum/vinyl siding, cinder block,
asphalt tiles), and pipes.
High occupancy area means any area where PCB remediation waste
has been disposed of on-site and where occupancy for any individual not wearing
dermal and respiratory protection for a calendar year is: 840 hours or more (an
average of 16.8 hours or more per week) for non-porous surfaces and 335 hours
or more (an average of 6.7 hours or more per week) for bulk PCB remediation
waste. Examples could include a residence, school, day care center, sleeping
quarters, a single or multiple occupancy 40 hours per week work station, a
school class room, a cafeteria in an industrial facility, a control room, and a
work station at an assembly line.
Hot well means a container for collecting condensate as in a
steam condenser serving a vacuum-jet or steam-jet ejector.
Hydraulic lift tank means a tank holding hydraulic fluid for a
closed-loop mechanical system that uses compressed air or hydraulic fluid to operate
lifts, elevators, and other similar devices.
Impervious solid surfaces means solid surfaces which are
nonporous and thus unlikely to absorb spilled PCBs within the short period of
time required for cleanup of spills under this policy. Impervious solid
surfaces include, but are not limited to, metals, glass, aluminum siding, and
enameled or laminated surfaces.
Impurity means a chemical substance which is unintentionally
present with another chemical substance.
In gas/vapor service means that the piece of equipment
contains or contacts a hazardous waste stream that is in the gaseous state at
In heavy liquid service means that the piece of equipment is
not in gas/vapor service or in light liquid service.
In light liquid service means that the piece of equipment
contains or contacts a waste stream where the vapor pressure of one or more of
the organic components in the stream is greater than 0.3 kilopascals (kPa) at
20 °C, the total concentration of the pure organic components having a vapor
pressure greater than 0.3 kilopascals (kPa) at 20 °C is equal to or greater
than 20 percent by weight, and the fluid is a liquid at operating conditions.
In or Near Commercial Buildings means within the interior of,
on the roof of, attached to the exterior wall of, in the parking area serving,
or within 30 meters of a non-industrial non-substation building. Commercial
buildings are typically accessible to both members of the general public and
employees, and include: (1) Public assembly properties, (2) educational
properties, (3) institutional properties, (4) residential properties, (5)
stores, (6) office buildings, and (7) transportation centers (e.g., airport
terminal buildings, subway stations, bus stations, or train stations).
In situ sampling systems means nonextractive samplers or
In vacuum service means that equipment is operating at an
internal pressure that is at least 5 kPa below ambient pressure.
In operation refers to a facility which is treating, storing,
or disposing of hazardous waste.
Inactive portion means that portion of a facility which is not
operated after the effective date of 40 CFR 261 of the regulations. (See also
"active portion" and "closed portion".)
Inactive range means a military range that is not currently
being used, but that is still under military control and considered by the
military to be a potential range area, and that has not been put to a new use
that is incompatible with range activities.
Incinerator means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria for
classification as a boiler, sludge dryer, or carbon regeneration unit, nor is
listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc incinerator.
Incompatible waste means a hazardous waste which is unsuitable
(1) Placement in a particular device or facility because it may cause
corrosion or decay of containment materials (e.g., container inner liners or
tank walls); or
(2) Commingling with another waste or material under uncontrolled conditions
because the commingling might produce heat or pressure, fire or explosion,
violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or
gases. (See part 40 CFR 265, appendix V, of the regulations for examples.)
Indian Tribe means any Indian Tribe, band, group, or community
recognized by the Secretary of the Interior and exercising governmental
authority over a Federal Indian reservation.
Indirect discharger means a nondomestic discharger introducing
"pollutants" to a "publicly owned treatment works."
Individual generation site means the contiguous site at or on
which one or more hazardous wastes are generated. An individual generation
site, such as a large manufacturing plant, may have one or more sources of
hazardous waste but is considered a single or individual generation site if the
site or property is contiguous.
Industrial building means a building directly used in
manufacturing or technically productive enterprises. Industrial buildings are
not generally or typically accessible to other than workers. Industrial
buildings include buildings used directly in the production of power, the
manufacture of products, the mining of raw materials, and the storage of
textiles, petroleum products, wood and paper products, chemicals, plastics, and
Infrared incinerator means any enclosed device that uses
electric powered resistance heaters as a source of radiant heat followed by an
afterburner using controlled flame combustion and which is not listed as an
Injection well means a well into which fluids are injected.
(See also "underground injection".)
Injury means a measurable adverse change, either long- or
short-term, in the chemical or physical quality or the viability of a natural
resource resulting either directly or indirectly from exposure to a discharge
of oil, or exposure to a product of reactions resulting from a discharge of
Inner liner means a continuous layer of material placed inside
a tank or container which protects the construction materials of the tank or
container from the contained waste or reagents used to treat the waste.
Installation inspector means a person who, by reason of his
knowledge of the physical sciences and the principles of engineering, acquired
by a professional education and related practical experience, is qualified to
supervise the installation of tank systems.
International shipment means the transportation of hazardous
waste into or out of the jurisdiction of the United States.
Interstate agency means an agency of two or more States
established by or under an agreement or compact approved by the Congress, or
any other agency of two or more States having substantial powers or duties
pertaining to the control of pollution as determined and approved by the
Administrator under the CWA and regulations.
Lamp, also referred to as "universal waste
lamp", is defined as the bulb or tube portion of an electric lighting
device. A lamp is specifically designed to produce radiant energy, most often
in the ultraviolet, visible, and infra-red regions of the electromagnetic
spectrum. Examples of common universal waste electric lamps include, but are
not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high
pressure sodium, and metal halide lamps.
Land treatment facility means a facility or part of a facility
at which hazardous waste is applied onto or incorporated into the soil surface;
such facilities are disposal facilities if the waste will remain after closure.
Landfill means a disposal facility or part of a facility where
hazardous waste is placed in or on land and which is not a pile, a land
treatment facility, a surface impoundment, an underground injection well, a
salt dome formation, a salt bed formation, an underground mine, a cave, or a
corrective action management unit.
Landfill cell means a discrete volume of a hazardous waste
landfill which uses a liner to provide isolation of wastes from adjacent cells
or wastes. Examples of landfill cells are trenches and pits.
Leachate means any liquid, including any suspended components
in the liquid, that has percolated through or drained from hazardous waste.
Leak-detection system means a system capable of detecting the
failure of either the primary or secondary containment structure or the
presence of a release of hazardous waste or accumulated liquid in the secondary
containment structure. Such a system must employ operational controls (e.g.,
daily visual inspections for releases into the secondary containment system of
aboveground tanks) or consist of an interstitial monitoring device designed to
detect continuously and automatically the failure of the primary or secondary
containment structure or the presence of a release of hazardous waste into the
secondary containment structure.
Liner means a continuous layer of natural or man-made
materials, beneath or on the sides of a surface impoundment, landfill, or
landfill cell, which restricts the downward or lateral escape of hazardous
waste, hazardous waste constituents, or leachate.
Liquid PCBs means a homogenous flowable material containing
PCBs and no more than 0.5 percent by weight non-dissolved material.
Liquid trap means sumps, well cellars, and other traps used in
association with oil and gas production, gathering, and extraction operations
(including gas production plants), for the purpose of collecting oil, water,
and other liquids. These liquid traps may temporarily collect liquids for
subsequent disposition or reinjection into a production or pipeline stream, or
may collect and separate liquids from a gas stream.
Low-concentration PCBs means PCBs that are tested and found to
contain less than 500 ppm PCBs, or those PCB-containing materials which EPA
requires to be assumed to be at concentrations below 500 ppm (i.e., untested
mineral oil dielectric fluid).
Low occupancy area means any area where PCB remediation waste
has been disposed of on-site and where occupancy for any individual not wearing
dermal and respiratory protection for a calendar year is: less than 840 hours
(an average of 16.8 hours per week) for non-porous surfaces and less than 335
hours (an average of 6.7 hours per week) for bulk PCB remediation waste.
Examples could include an electrical substation or a location in an industrial
facility where a worker spends small amounts of time per week (such as an
unoccupied area outside a building, an electrical equipment vault, or in the
non-office space in a warehouse where occupancy is transitory).
Malfunction means any sudden failure of a control device or a
hazardous waste management unit or failure of a hazardous waste management unit
to operate in a normal or usual manner, so that organic emissions are
Management or hazardous waste management means the
systematic control of the collection, source separation, storage,
transportation, processing, treatment, recovery, and disposal of hazardous
Manifest means the shipping document EPA form 8700-22 and, if
necessary, EPA form 8700-22A, originated and signed by the generator in
accordance with the instructions included in the appendix to 40 CFR 262.
Manifest document number means the U.S. EPA twelve digit
identification number assigned to the generator plus a unique five digit
document number assigned to the Manifest by the generator for recording and
Manned Control Center means an electrical power distribution
control room where the operating conditions of a PCB Transformer are
continuously monitored during the normal hours of operation (of the facility),
and, where the duty engineers, electricians, or other trained personnel have
the capability to deenergize a PCB Transformer completely within 1 minute of
the receipt of a signal indicating abnormal operating conditions such as an
overtemperature condition or overpressure condition in a PCB Transformer.
Manufacture means to produce, manufacture, or import into the
customs territory of the United States.
Manufacturing process means all of a series of unit operations
operating at a site, resulting in the production of a product.
Mark means the descriptive name, instructions, cautions, or
other information applied to PCBs and PCB Items, or other objects subject to
Marked means the marking of PCB Items and PCB storage areas
and transport vehicles by means of applying a legible mark by painting,
fixation of an adhesive label, or by any other method that meets the
requirements of these regulations.
Market/Marketers means the processing or distributing in
commerce, or the person who processes or distributes in commerce, used oil
fuels to burners or other marketers, and may include the generator of the fuel
if it markets the fuel directly to the burner.
Maximum daily discharge limitation means the highest allowable
Maximum extent practicable means the limitations used to
determine oil spill planning resources and response times for on-water
recovery, shoreline protection, and cleanup for worst case discharges from
onshore non- transportation-related facilities in adverse weather. It considers
the planned capability to respond to a worst case discharge in adverse weather,
as contained in a response plan that meets the requirements in 40
CFR 112.20 or in a specific plan approved by the Regional Administrator.
The term navigable waters of the United States means navigable
waters as defined in section 502(7) of the FWPCA, and includes:
(1) All navigable waters of the United States, as defined in judicial
decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L.
92-500), and tributaries of such waters;
(2) Interstate waters;
(3) Intrastate lakes, rivers, and streams which are utilized by interstate
travelers for recreational or other purposes; and
(4) Intrastate lakes, rivers, and streams from which fish or shellfish are
taken and sold in interstate commerce. Navigable waters do not include prior
converted cropland. Notwithstanding the determination of an area's status as
prior converted cropland by any other federal agency, for the purposes of the
Clean Water Act, the final authority regarding Clean Water Act jurisdiction
remains with EPA.
Military means the Department of Defense (DOD), the Armed
Services, Coast Guard, National Guard, Department of Energy (DOE), or other
parties under contract or acting as an agent for the foregoing, who handle
Military range means designated land and water areas set
aside, managed, and used to conduct research on, develop, test, and evaluate
military munitions and explosives, other ordnance, or weapon systems, or to
train military personnel in their use and handling. Ranges include firing lines
and positions, maneuver areas, firing lanes, test pads, detonation pads, impact
areas, and buffer zones with restricted access and exclusionary areas.
Mineral Oil PCB Transformer means any transformer originally
designed to contain mineral oil as the dielectric fluid and which has been
tested and found to contain 500 ppm or greater PCBs.
Mining overburden returned to the mine site means any material
overlying an economic mineral deposit which is removed to gain access to that
deposit and is then used for reclamation of a surface mine.
Miscellaneous unit means a hazardous waste management unit
where hazardous waste is treated, stored, or disposed of and that is not a
container, tank, surface impoundment, pile, land treatment unit, landfill,
incinerator, boiler, industrial furnace, underground injection well with
appropriate technical standards under 40 CFR 146, containment building,
corrective action management unit, unit eligible for a research, development,
and demonstration permit under 40 CFR 270.65, or staging pile.
Mixture means any combination of two or more chemical
substances if the combination does not occur in nature and is not, in whole or
in part, the result of a chemical reaction; except that such term does include
any combination which occurs, in whole or in part, as a result of a chemical
reaction if none of the chemical substances comprising the combination is a new
chemical substance and if the combination could have been manufactured for
commercial purposes without a chemical reaction at the time the chemical
substances comprising the combination were combined.
Motor fuel means petroleum or a petroleum-based substance that
is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade
of gasohol, and is typically used in the operation of a motor engine.
Movement means that hazardous waste transported to a facility
in an individual vehicle.
Municipal solid wastes means garbage, refuse, sludges, wastes,
and other discarded materials resulting from residential and non-industrial
operations and activities, such as household activities, office functions, and
commercial housekeeping wastes.
Municipality means a city, town, borough, county, parish,
district, association, or other public body created by or under State law and
having jurisdiction over disposal of sewage, industrial wastes, or other
wastes, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of CWA.
National Pollutant Discharge Elimination System (NPDES) means
the national program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. The
term includes an "approved program."
Natural gas pipeline system means natural gas gathering
facilities, natural gas pipe, natural gas compressors, natural gas storage
facilities, and natural gas pipeline appurtenances (including instrumentation
and vessels directly in contact with transported natural gas such as valves,
regulators, drips, filter separators, etc., but not including air compressors).
New hazardous waste management facility or new facility
means a facility which began operation, or for which construction commenced
after October 21, 1976. (See also "Existing hazardous waste management
New source means any building, structure, facility, or
installation from which there is or may be a "discharge of
pollutants," the construction of which commenced:
(a) After promulgation of standards of performance under section 306 of CWA
which are applicable to such source, or
(b) After proposal of standards of performance in accordance with section
306 of CWA which are applicable to such source, but only if the standards are
promulgated in accordance with section 306 within 120 days of their proposal.
New tank system means a tank system that will be used to
contain an accumulation of regulated substances and for which installation has
commenced after December 22, 1988. (See also "Existing Tank System.")
New tank system or new tank component means a tank
system or component that will be used for the storage or treatment of hazardous
waste and for which installation has commenced after July 14, 1986; except,
however, for purposes of 40 CFR 264.193(g)(2) and 40 CFR 265.193(g)(2), a new
tank system is one for which construction commences after July 14, 1986. (See
also "Existing Tank System.")
Non-liquid PCBs means materials containing PCBs that by visual
inspection do not flow at room temperature (25 °C or 77 °F) or from which no
liquid passes when a 100 g or 100 ml representative sample is placed in a mesh
number 60 ± 5 percent paint filter and allowed to drain at room temperature for
Non-PCB Transformer means any transformer that contains less
than 50 ppm PCB; except that any transformer that has been converted from a PCB
Transformer or a PCB-Contaminated Transformer cannot be classified as a non-PCB
Transformer until reclassification has occurred, in accordance with the
requirements of 40 CFR 761.30(a)(2)(v).
Non-petroleum oil means oil of any kind that is not
petroleum-based, including but not limited to: Fats, oils, and greases of
animal, fish, or marine mammal origin; and vegetable oils, including oils from
seeds, nuts, fruits, and kernels.
Non-porous surface means a smooth, unpainted solid surface
that limits penetration of liquid containing PCBs beyond the immediate surface.
Examples are: smooth uncorroded metal; natural gas pipe with a thin porous
coating originally applied to inhibit corrosion; smooth glass; smooth glazed
ceramics; impermeable polished building stone such as marble or granite; and high
density plastics, such as polycarbonates and melamines, that do not absorb
Noncommercial purposes with respect to motor fuel means not
Non-impervious solid surfaces means solid surfaces which are
porous and are more likely to absorb spilled PCBs prior to completion of the
cleanup requirements prescribed in this policy. Non-impervious solid surfaces
include, but are not limited to, wood, concrete, asphalt, and plasterboard.
Nonrestricted access areas means any area other than
restricted access, outdoor electrical substations, and other restricted access
locations, as defined in this section. In addition to residential/commercial
areas, these areas include unrestricted access rural areas (areas of low
density development and population where access is uncontrolled by either
man-made barriers or naturally occurring barriers, such as rough terrain,
mountains, or cliffs).
Oil means oil of any kind or in any form, including, but not
limited to petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes
other than dredged spoil.
Offshore facility means any facility of any kind located in,
on, or under any of the navigable waters of the United States, which is not a
On ground tank means a device meeting the definition of
"tank" in 40 CFR 260.10 and that is situated in such a way that the
bottom of the tank is on the same level as the adjacent surrounding surface so
that the external tank bottom cannot be visually inspected.
On-site means the same or geographically contiguous property
which may be divided by public or private right-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and access is
by crossing as opposed to going along, the right-of-way. Non-contiguous
properties owned by the same person but connected by a right-of-way which he
controls and to which the public does not have access, is also considered
means within the boundaries of a contiguous property unit.
means any facility of any kind located in, on, or under any land within the
United States, other than submerged lands, which is not a
Operator means the person
responsible for the overall operation of a facility or system.
refers to the period beginning when installation of the tank system has
commenced until the time the tank system is properly closed.
electrical substationsmeans outdoor, fenced-off, and restricted access areas
used in the transmission and/or distribution of electrical power Outdoor
electrical substations restrict public access by being fenced or walled off as
defined under 40 CFR 761.30(l)(1)(ii). For purposes of the Toxic Substance
Control Act (TSCA) policy, outdoor electrical substations are defined as being
located at least 0.1 km from a residential/commercial area. Outdoor fenced-off
and restricted access areas used in the transmission and/or distribution of
electrical power which are located less than 0.1. km from a
residential/commercial area are considered to be residential/commercial areas.
is a release that occurs when a tank is filled beyond its capacity, resulting
in a discharge of the regulated substance to the environment.
Ownermeans the person who owns a
facility or part of a facility.
means the closure of a hazardous waste management unit in accordance with the
applicable closure requirements at a facility that contains other active
hazardous waste management units. For example, partial closure may include the
closure of a tank (including its associated piping and underlying containment
systems), landfill cell, surface impoundment, waste pile, or other hazardous
waste management unit, while other units of the same facility continue to
PCB and PCBs means any chemical
substance that is limited to the biphenyl molecule that has been chlorinated to
varying degrees or any combination of substances which contains such substance.
Refer to 40 CFR 761.1(b) for applicable concentrations of PCBs. PCB and PCBs as
contained in PCB items are defined in 40 CFR 761.3. Inadvertently generated
non-Aroclor PCBs are defined as the total PCBs calculated following division of
the quantity of monochlorinated biphenyls by 50 and dichlorinated biphenyls by
means any capacitor that contains ≥500 ppm PCB. Concentration assumptions
applicable to capacitors appear under 40 CFR 761.2.
means any package, can, bottle, bag, barrel, drum, tank, or other device that
contains PCBs or PCB Articles and whose surface(s) has been in direct contact
PCB-Contaminated means a non-liquid material
containing PCBs at concentrations ≥50 ppm but <500 ppm; a liquid
material containing PCBs at concentrations ≥50 ppm but <500 ppm or
where insufficient liquid material is available for analysis, a non-porous
surface having a surface concentration >10 μg/100 cm2 but <100
μg/100 cm2, measured by a standard wipe test as defined in 40 CFR 761.123.
Electrical Equipment means any electrical equipment including, but not limited to,
transformers (including those used in railway locomotives and self-propelled
cars), capacitors, circuit breakers, reclosers, voltage regulators, switches
(including sectionalizers and motor starters), electromagnets, and cable, that
contains PCBs at concentrations of ≥50 ppm and <500 ppm in the
contaminating fluid. In the absence of liquids, electrical equipment is
PCB-Contaminated if it has PCBs at >10 μg/100 cm2 and <100
μg/100 cm2 as measured by a standard wipe test (as defined in 40 CFR
761.123) of a non-porous surface.
means any manufactured item, other than a PCB Container or a PCB Article
Container, which contains a PCB Article or other PCB Equipment, and includes
microwave ovens, electronic equipment, and fluorescent light ballasts and
field screening test means a portable analytical device or kit which measures PCBs. PCB
field screening tests usually report less than or greater than a specific
numerical PCB concentration. These tests normally build in a safety factor
which increases the probability of a false positive report and decreases the
probability of a false negative report. PCB field screening tests do not
usually provide: an identity record generated by an instrument; a quantitative
comparison record from calibration standards; any identification of PCBs;
and/or any indication or identification of interferences with the measurement
of the PCBs. PCB field screening test technologies include, but are not limited
to, total chlorine colorimetric tests, total chlorine x-ray fluorescence tests,
total chlorine microcoulometric tests, and rapid immunoassay tests.
remediation waste means waste containing PCBs as a result of a spill, release, or other
unauthorized disposal, at the following concentrations: Materials disposed of
prior to April 18, 1978, that are currently at concentrations
≥ 50 ppm PCBs, regardless of the concentration of the original
spill; materials which are currently at any volume or concentration where the
original source was ≥ 500 ppm PCBs beginning on April 18,
1978, or ≥ 50 ppm PCBs beginning on July 2, 1979; and
materials which are currently at any concentration if the PCBs are spilled or
released from a source not authorized for use. PCB remediation waste means
soil, rags, and other debris generated as a result of any PCB spill cleanup,
including, but not limited to:
Environmental media containing PCBs, such as soil and gravel; dredged
materials, such as sediments, settled sediment fines, and aqueous decantate
Sewage sludge containing <50 ppm PCBs and not in use according to 40 CFR
761.20(a)(4); PCB sewage sludge; commercial or industrial sludge contaminated
as the result of a spill of PCBs including sludges located in or removed from
any pollution control device; aqueous decantate from an industrial sludge.
Buildings and other man-made structures (such as concrete floors, wood floors,
or walls contaminated from a leaking PCB or PCB-Contaminated Transformer),
porous surfaces, and non-porous surfaces.
Transformer means any transformer that contains ≥500 ppm PCBs. For PCB
concentration assumptions applicable to transformers containing 1.36 kilograms
(3 lbs.) or more of fluid other than mineral oil, see 40 CFR 761.2. For
provisions permitting reclassification of electrical equipment, including PCB
Transformers, containing ≥500 ppm PCBs to PCB-Contaminated Electrical
Equipment, see 40 CFR 761.30(a) and (h).
means those PCBs and PCB Items that are subject to the disposal requirements of
subpart D of 40 CFR 761.
Person means an individual, trust,
firm, joint stock company, Federal agency, corporation, state, municipality,
commission, political subdivision of a state, or any interstate body.
"Person" also includes a consortium, a joint venture, a commercial
entity, and the United States Government.
Personnel or facility personnel means all persons who work,
at, or oversee the operations of, a hazardous waste facility, and whose actions
or failure to act may result in noncompliance with the requirements of 40 CFR
264 or 265.
means petroleum in any form, including but not limited to crude oil, fuel oil,
mineral oil, sludge, oil refuse, and refined products.
Pesticidemeans any substance or
mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest, or intended for use as a plant regulator, defoliant, or
desiccant, other than any article that:
Is a new animal drug, or
Is an animal drug that has been determined by regulation of the Secretary of
Health and Human Services not to be a new animal drug, or
Is an animal feed under the Federal Food, Drug, and Cosmetic Act (FFDCA)
section 201(x) that bears or contains any substances described by paragraph (1)
or (2) of this definition.
means an underground storage tank system that contains petroleum or a mixture
of petroleum with de minimis quantities of other regulated substances.
Such systems include those containing motor fuels, jet fuels, distillate fuel
oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
Pilemeans any non-containerized
accumulation of solid, nonflowing hazardous waste that is used for treatment or
storage and that is not a containment building.
Pipe or Piping means a hollow cylinder or
tubular conduit that is constructed of non-earthen materials.
facilities (including gathering lines) are new and existing pipe rights-of-way and
any associated equipment, facilities, or buildings.
arc incinerator means any enclosed device using a high intensity electrical discharge
or arc as a source of heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
means any discernible, confined, and discrete conveyance, including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, landfill
leachate collection system, vessel or other floating craft from which
pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture or agricultural storm water runoff.
Pollutant means dredged spoil, solid
waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials (except
those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011
et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt
and industrial, municipal, and agricultural waste discharged into water. It
does not mean:
Sewage from vessels; or
Water, gas, or other material which is injected into a well to facilitate
production of oil or gas, or water derived in association with oil and gas
production and disposed of in a well, if the well used either to facilitate
production or for disposal purposes is approved by authority of the State in
which the well is located, and if the State determines that the injection or
disposal will not result in the degradation of ground or surface water
Note: Radioactive materials
covered by the Atomic Energy Act are those encompassed in its definition of
source, byproduct, or special nuclear materials. Examples of materials not
covered include radium and accelerator-produced isotopes. See Train v. Colorado
Public Interest Research Group, Inc., 426 U.S. 1 (1976).
means any surface that allows PCBs to penetrate or pass into itself including,
but not limited to, paint or coating on metal; corroded metal; fibrous glass or
glass wool; unglazed ceramics; ceramics with a porous glaze; porous building
stone such as sandstone, travertine, limestone, or coral rock; low-density
plastics such as styrofoam and low-density polyethylene; coated (varnished or
painted) or uncoated wood; concrete or cement; plaster; plasterboard;
wallboard; rubber; fiberboard; chipboard; asphalt; or tar paper. For purposes
of cleaning and disposing of PCB remediation waste, porous surfaces have
different requirements than non-porous surfaces.
means the emission of materials resulting from the system pressure being
greater than the set pressure of the pressure relief device.
means any person who is required to originate the manifest for a shipment of
hazardous waste in accordance with 40 CFR part 262, subpart B, or equivalent
State provision, which specifies a treatment, storage, or disposal facility in
a receiving country as the facility to which the hazardous waste will be sent
and any intermediary arranging for the export.
owned treatment works means any device or system which is (a) used to treat wastes from any
facility whose operator is not the operator of the treatment works and (b) not
a Publicly Owned Treatment Works (POTW).
Process means the preparation of a
chemical substance or mixture, after its manufacture, for distribution in
In the same form or physical state as, or in a different form or physical state
from, that in which it was received by the person so preparing such substance
or mixture, or
As part of an article containing the chemical substance or mixture.
means a device that transfers heat liberated by burning fuel to fluids
contained in tubes, including all fluids except water that are heated to
means any open-ended pipe or stack that is vented to the atmosphere either
directly, through a vacuum-producing system, or through a tank (e.g.,
distillate receiver, condenser, bottoms receiver, surge control tank, separator
tank, or hot well) associated with hazardous waste distillation, fractionation,
thin-film evaporation, solvent extraction, or air or steam stripping
means any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material,
intermediate product, finished product, byproduct, or waste product.
means a State NPDES "permit" prepared after the close of the public
comment period (and, when applicable, any public hearing and administrative
appeals) which is sent to EPA for review before final issuance by the State. A
"proposed permit" is not a "draft permit."
owned treatment works or POTW means 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 section 502(4) of the CWA). This
definition includes sewers, pipes, or other conveyances only if they convey
wastewater to a POTW providing treatment.
incinerator means one of the following:
An incinerator approved under the provisions of 40 CFR 761.70. Any level of PCB
concentration can be destroyed in an incinerator approved under 40 CFR 761.70.
A high efficiency boiler which complies with the criteria of 40 CFR
761.71(a)(1), and for which the operator has given written notice to the
appropriate EPA Regional Administrator in accordance with the notification
requirements for the burning of mineral oil dielectric fluid under 40 CFR
An incinerator approved under section 3005(c) of the Resource Conservation and
Recovery Act (42 U.S.C. 6925(c)) (RCRA).
Industrial furnaces and boilers which are identified in 40 CFR 260.10 and 40
CFR 279.61 (a)(1) and (2) when operating at their normal operating temperatures
(this prohibits feeding fluids, above the level of detection, during either
startup or shutdown operations).
RCRA means the Resource
Conservation and Recovery Act (40 U.S.C. 6901 et seq.).
means a source which recommences discharge after terminating operations.
means those PCBs which appear in the processing of paper products or asphalt
roofing materials from PCB-contaminated raw materials. Processes which recycle
PCBs must meet the following requirements:
There are no detectable concentrations of PCBs in asphalt roofing material
products leaving the processing site.
The concentration of PCBs in paper products leaving any manufacturing site
processing paper products, or in paper products imported into the United
States, must have an annual average of less than 25 ppm with a 50 ppm maximum.
The release of PCBs at the point at which emissions are vented to ambient air
must be less than 10 ppm.
The amount of Aroclor PCBs added to water discharged from an asphalt roofing
processing site must at all times be less than 3 micrograms per liter
(μg/L) for total Aroclors (roughly 3 parts per billion (3 ppb)). Water
discharges from the processing of paper products must at all times be less than
3 micrograms per liter (μg/L) for total Aroclors (roughly 3 ppb), or comply
with the equivalent mass-based limitation.
Disposal of any other process wastes at concentrations of 50 ppm or greater
must be in accordance with subpart D of 40 CFR 761.
Administrator means the Regional Administrator for the EPA Region in which the
facility is located, or his designee.
Any substance defined in section 101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) of 1980 (but not including
any substance regulated as a hazardous waste under subtitle C), and
Petroleum, including crude oil or any fraction thereof that is liquid at
standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute). The term "regulated substance"
includes but is not limited to petroleum and petroleum-based substances
comprised of a complex blend of hydrocarbons derived from crude oil though
processes of separation, conversion, upgrading, and finishing, such as motor
fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants,
petroleum solvents, and used oils.
Release means any spilling,
leaking, emitting, discharging, escaping, leaching or disposing from an UST
into ground water, surface water or subsurface soils.
means determining whether a release of a regulated substance has occurred from
the UST system into the environment or into the interstitial space between the
UST system and its secondary barrier or secondary containment around it.
means all solid and hazardous wastes, and all media (including groundwater,
surface water, soils, and sediments) and debris that contain listed hazardous
wastes or that themselves exhibit a hazardous characteristic and are managed
for implementing cleanup.
waste management site means a facility where an owner or operator is or will be treating,
storing or disposing of hazardous remediation wastes. A remediation waste
management site is not a facility that is subject to corrective action under 40
CFR 264.101, but is subject to corrective action requirements if the site is
located in such a facility.
Repair means to restore a tank or
UST system component that has caused a release of product from the UST system.
Repaired means that equipment is
adjusted, or otherwise altered, to eliminate a leak.
means a sample of a universe or whole (e.g., waste pile, lagoon, ground water)
which can be expected to exhibit the average properties of the universe or
means those areas where people live or reside, or where people work in other
than manufacturing or farming industries. Residential areas include housing and
the property on which housing is located, as well as playgrounds, roadways,
sidewalks, parks, and other similar areas within a residential community.
Commercial areas are typically accessible to both members of the general public
and employees and include public assembly properties, institutional properties,
stores, office buildings, and transportation centers.
a tank located on property used primarily for dwelling purposes.
Run-off means any rainwater,
leachate, or other liquid that drains over land from any part of a facility.
Run-on means any rainwater,
leachate, or other liquid that drains over land onto any part of a facility.
of a PCB Transformer means a violent or non-violent break in the integrity of a PCB
Transformer caused by an overtemperature and/or overpressure condition that
results in the release of PCBs.
or zone of saturation means that part of the earth's crust in which all
voids are filled with water.
of compliance means a schedule of remedial measures included in a
"permit", including an enforceable sequence of interim requirements
(for example, actions, operations, or milestone events) leading to compliance
with the CWA and regulations.
industry category means any industry category which is not a "primary industry
Sensormeans a device that measures
a physical quantity or the change in a physical quantity, such as temperature,
pressure, flow rate, pH, or liquid level.
means a device used for separation of two immiscible liquids.
Septagemeans the liquid and solid
material pumped from a septic tank, cesspool, or similar domestic sewage
treatment system, or a holding tank when the system is cleaned or maintained.
a water-tight covered receptacle designed to receive or process, through liquid
separation or biological digestion, the sewage discharged from a building
sewer. The effluent from such receptacle is distributed for disposal through
the soil and settled solids and scum from the tank are pumped out periodically
and hauled to a treatment facility.
human body wastes and the wastes from toilets and other receptacles intended to
receive or retain body wastes that are discharged from vessels and regulated
under section 312 of CWA, except that with respect to commercial vessels on the
Great Lakes this term includes graywater. For the purposes of this definition,
"graywater" means galley, bath, and shower water.
means any solid, semi-solid, or liquid residue removed during the treatment of
municipal waste water or domestic sewage. Sewage sludge includes, but is not
limited to, solids removed during primary, secondary, or advanced waste water
treatment, scum, septage, portable toilet pumpings, type III marine sanitation
device pumpings (33 CFR part 159), and sewage sludge products. Sewage sludge
does not include grit or screenings, or ash generated during the incineration
of sewage sludge.
Site means the land or water
area where any "facility or activity" is physically located or
conducted, including adjacent land used in connection with the facility or
Sludgemeans any solid, semi-solid,
or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air pollution
control facility exclusive of the treated effluent from a wastewater treatment
enclosed thermal treatment device that is used to dehydrate sludge and that has
a maximum total thermal input, excluding the heating value of the sludge itself,
of 2,500 Btu/lb of sludge treated on a wet-weight basis.
means any "treatment works treating domestic sewage" whose methods of
sewage sludge use or disposal are subject to regulations promulgated pursuant
to section 405(d) of the CWA and is required to obtain a permit under 40 CFR
quantities for research and development means any quantity of PCBs (1) that is
originally packaged in one or more hermetically sealed containers of a volume
of no more than five (5.0) milliliters, and (2) that is used only for purposes
of scientific experimentation or analysis, or chemical research on, or analysis
of, PCBs, but not for research or analysis for the development of a PCB
Quantity Generator means a generator who generates less than 1000 kg of hazardous waste
in a calendar month.
extraction operation means an operation or method of separation in which a solid or
solution is contacted with a liquid solvent (the two being mutually insoluble)
to preferentially dissolve and transfer one or more components into the
Soil means all vegetation, soils
and other ground media, including but not limited to, sand, grass, gravel, and
oyster shells. It does not include concrete and asphalt.
wipe sample means a sample collected for chemical extraction and analysis using
the standard wipe test. Except as designated elsewhere in 40 CFR 761, the
minimum surface area to be sampled shall be 100 square centimeters.
Sorbentmeans a material that is
used to soak up free liquids by either adsorption or absorption, or both. Sorb
means to either adsorb or absorb, or both.
means a discharge of oil into or upon the navigable waters of the United States
or adjoining shorelines in harmful quantities, as defined at 40 CFR Part 110.
For the purposes of the Spill Prevention, Control and Countermeasure (SPCC)
provisions of the Clean Water Act, only the discharge of oil is included in the
means an accumulation of solid, non-flowing remediation waste (as defined in
this section) that is not a containment building and that is used only during
remedial operations for temporary storage at a facility. Staging piles must be
designated by the appropriate regulatory authorities according to the
requirements of 40 CFR 264.554.
means, for spills of high-concentration PCBs on solid surfaces, a cleanup to
numerical surface standards and sampling by a standard wipe test to verify that
the numerical standards have been met. This definition constitutes the minimum
requirements for an appropriate wipe testing protocol. A standard-size template
(10 centimeters (cm) x 10 cm) will be used to delineate the area of cleanup;
the wiping medium will be a gauze pad or glass wool of known size which has
been saturated with hexane. It is important that the wipe be performed very
quickly after the hexane is exposed to air. EPA strongly recommends that the
gauze (or glass wool) be prepared with hexane in the laboratory and that the wiping
medium be stored in sealed glass vials until it is used for the wipe test.
Further, EPA requires the collection and testing of field blanks and
for sewage sludge use or disposal means the regulations promulgated pursuant to section
405(d) of the CWA which govern minimum requirements for sludge quality,
management practices, and monitoring and reporting applicable to sewage sludge
or the use or disposal of sewage sludge by any person.
Startup means the setting in
operation of a hazardous waste management unit or control device for any
means the chief administrative officer of any State or interstate agency
operating an "approved program," or the delegated representative of
the State Director. If responsibility is divided among two or more State or
interstate agencies, "State Director" means the chief administrative
officer of the State or interstate agency authorized to perform the particular
procedure or function to which reference is made.
means an agreement between the Regional Administrator and the State which
coordinates EPA and State activities, responsibilities and programs including
those under the CWA programs.
stripping operation means a distillation operation in which vaporization of the volatile
constituents of a liquid mixture takes place by the introduction of steam
directly into the charge.
Storage means the holding of
hazardous waste for a temporary period, at the end of which the hazardous waste
is treated, disposed of, or stored elsewhere.
or wastewater collection system means piping, pumps, conduits, and any other
equipment necessary to collect and transport the flow of surface water run-off
resulting from precipitation, or domestic, commercial, or industrial wastewater
to and from retention areas or any areas where treatment is designated to
occur. The collection of storm water and wastewater does not include treatment
except where incidental to conveyance.
Sumpmeans any pit or reservoir that
meets the definition of tank and those troughs/trenches connected to it that
serve to collect hazardous waste for transport to hazardous waste storage,
treatment, or disposal facilities; except that as used in the landfill, surface
impoundment, and waste pile rules, "sump" means any lined pit or
reservoir that serves to collect liquids drained from a leachate collection and
removal system or leak detection system for subsequent removal from the system.
impoundment or impoundment means a facility or part of a facility which is a
natural topographic depression, man-made excavation, or diked area formed
primarily of earthen materials (although it may be lined with man-made
materials), which is designed to hold an accumulation of liquid wastes or wastes
containing free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration pits, ponds,
control tank means a large-sized pipe or storage reservoir sufficient to contain
the surging liquid discharge of the process tank to which it is connected.
impoundment is a natural topographic depression, man-made excavation, or diked
area formed primarily of earthen materials (although it may be lined with
man-made materials) that is not an injection well.
SW-846 means the document having
the title "SW-846, Test Methods for Evaluating Solid Waste," which is
available from either the National Technical Information Service (NTIS, U.S.
Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161, telephone:
(703) 487-4650) or the U.S. Government Printing Office (U.S. GPO, 710 North
Capitol St., NW., Washington, DC 20401, telephone: (202) 783-3238).
Tankmeans a stationary device,
designed to contain an accumulation of hazardous waste which is constructed
primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which
provide structural support.
TEQ means toxicity equivalence,
the international method of relating the toxicity of various dioxin/furan
congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
means the treatment of hazardous waste in a device which uses elevated
temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Examples of thermal
treatment processes are incineration, molten salt, pyrolysis, calcination, wet
air oxidation, and microwave discharge.
Thermostatmeans a temperature control
device that contains metallic mercury in an ampule attached to a bimetal
sensing element, and mercury-containing ampules that have been removed from
these temperature control devices in compliance with the requirements of 40 CFR
273.13(c)(2) or 273.33(c)(2).
evaporation operation means a distillation operation that employs a heating surface
consisting of a large diameter tube that may be either straight or tapered,
horizontal or vertical. Liquid is spread on the tube wall by a rotating
assembly of blades that maintain a close clearance from the wall or actually
ride on the film of liquid on the wall.
dissolved solids means the total dissolved (filterable) solids as determined by use of
the method specified in 40 CFR part 136.
enclosed manner means any manner that will ensure no exposure of human beings or the
environment to any concentration of PCBs.
means any pollutant listed as toxic under section 307(a)(1) or, in the case of
"sludge use or disposal practices," any pollutant identified in
regulations implementing section 405(d) of the Clean Water Act (CWA),
specifically in 40 CFR 122.
means any transportation related facility including loading docks, parking
areas, storage areas and other similar areas where shipments of hazardous waste
are held during the normal course of transportation.
means a motor vehicle or rail car used for the transportation of cargo by any
mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a
separate transport vehicle.
Transportationmeans the movement of
hazardous waste by air, rail, highway, or water.
Transporter means a person engaged in
the offsite transportation of hazardous waste by air, rail, highway, or water.
of PCB waste means, for the purposes of subpart K of 40 CFR 761, any person engaged
in the transportation of regulated PCB waste by air, rail, highway, or water
for purposes other than consolidation by a generator.
Treatmentmeans any method, technique,
or process, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as
to neutralize such waste, or so as to recover energy or material resources from
the waste, or so as to render such waste non-hazardous, or less hazardous;
safer to transport, store, or dispose of; or amenable for recovery, amenable
for storage, or reduced in volume.
means a soil area of the unsaturated zone of a land treatment unit within which
hazardous constituents are degraded, transformed, or immobilized.
TSCAmeans the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.).
PCB Coordinated Approval means the process used to recognize other Federal
or State waste management documents governing the storage, cleanup, treatment,
and disposal of PCB wastes. It is the mechanism under TSCA for accomplishing
review, coordination, and approval of PCB waste management activities which are
conducted outside of the TSCA PCB approval process, but require approval under
the TSCA PCB regulations at 40 CFR part 761.
means an underground room, such as a basement, cellar, shaft or vault,
providing enough space for physical inspection of the exterior of the tank
situated on or above the surface of the floor.
means the subsurface emplacement of fluids through a bored, drilled or driven
well; or through a dug well, where the depth of the dug well is greater than
the largest surface dimension. (See also "injection well".)
means any belowground release.
storage tank or UST means any one or combination of tanks (including underground pipes
connected thereto) that is used to contain an accumulation of regulated
substances, and the volume of which (including the volume of underground pipes
connected thereto) is 10 percent or more beneath the surface of the ground.
This term does not include any:
Farm or residential tank of 1,100 gallons or less capacity used for storing
motor fuel for noncommercial purposes;
Tank used for storing heating oil for consumptive use on the premises where
Pipeline facility (including gathering lines) regulated under:
The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.),
The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et
Which is an intrastate pipeline facility regulated under state laws comparable
to the provisions of the law referred to in paragraph (d)(1) or (d)(2) of this
Surface impoundment, pit, pond, or lagoon;
Storm-water or wastewater collection system;
Flow-through process tank;
Liquid trap or associated gathering lines directly related to oil or gas
production and gathering operations; or
Storage tank situated in an underground area (such as a basement, cellar,
mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or
above the surface of the floor. The term "underground storage tank"
or "UST" does not include any pipes connected to any tank which is
described in paragraphs (a) through (i) of this definition.
ordnance (UXO) means military munitions that have been primed, fused, armed, or
otherwise prepared for action, and have been fired, dropped, launched,
projected, or placed in such a manner as to constitute a hazard to operations,
installation, personnel, or material and remain unexploded either by
malfunction, design, or any other cause.
Unfit-for use tank system means a tank system that has been determined
through an integrity assessment or other inspection to be no longer capable of
storing or treating hazardous waste without posing a threat of release of
hazardous waste to the environment.
means any of the following hazardous wastes that are managed under the
universal waste requirements of part 40 CFR 273 of the regulations:
A solid waste is any discarded material that is not excluded by 40 CFR
261.4(a) or that is not excluded by variance granted under 40 CFR 260.30 and 260.31.
A discarded material is any material which is:
Abandoned, as explained in paragraph (b) of this section; or
Recycled, as explained in paragraph (c) of this section; or
Considered inherently waste-like, as explained in paragraph (d) of this
A military munition identified as a solid waste in 40 CFR 266.202.
Materials are solid waste if they are abandoned by being:
Disposed of; or
Burned or incinerated; or
Accumulated, stored, or treated (but not recycled) before or in lieu of being
abandoned by being disposed of, burned, or incinerated.
Materials are solid wastes if they are recycled -- or accumulated,
stored, or treated before recycling -- as specified in paragraphs (c)(1)
through (4) of this 40 CFR 273
Used in a manner constituting disposal. (i) Materials noted with a
"*" in Column 1 of Table I of 40 CFR 273 are solid wastes when they
Applied to or placed on the land in a manner that constitutes disposal; or
Used to produce products that are applied to or placed on the land or are
otherwise contained in products that are applied to or placed on the land (in
which cases the product itself remains a solid waste).
However, commercial chemical products listed in 40 CFR 261.33 are not solid
wastes if they are applied to the land and that is their ordinary manner of
Burning for energy recovery. (i) Materials noted with a "*" in
column 2 of Table 1 of 40 CFR 273 are solid wastes when they are:
Burned to recover energy;
Used to produce a fuel or are otherwise contained in fuels (in which cases the
fuel itself remains a solid waste).
However, commercial chemical products listed in 40 CFR 261.33 are not solid
wastes if they are themselves fuels.
Reclaimed. Materials noted with a "*" in column 3 of Table 1
are solid wastes when reclaimed (except as provided under 40 CFR 261.4(a)(17)).
Materials noted with a "---" in column 3 of Table 1 are not solid
wastes when reclaimed (except as provided under 40 CFR 261.4(a)(17)).
means the States, the District of Columbia, the Commonwealth of Puerto Rico,
the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
Upgrade means the addition or retrofit
of some systems such as cathodic protection, lining, or spill and overfill
controls to improve the ability of an underground storage tank system to
prevent the release of product.
or Tank system means an underground storage tank, connected underground piping,
underground ancillary equipment, and containment system, if any.
incinerator means any enclosed combustion device that is used for destroying
organic compounds and does not extract energy in the form of steam or process heat.
Variancemeans any mechanism or
provision under section 301 or 316 of CWA or under 40 CFR part 125, or in the
applicable "effluent limitations guidelines" which allows
modification to or waiver of the generally applicable effluent limitation
requirements or time deadlines of CWA. This includes provisions which allow the
establishment of alternative limitations based on fundamentally different
factors or on sections 301(c), 301(g), 301(h), 301(i), or 316(a) of CWA.
means a non-petroleum oil or fat of vegetable origin, including but not limited
to oils and fats derived from plant seeds, nuts, fruits, and kernels.
Ventedmeans discharged through an
opening, typically an open-ended pipe or stack, allowing the passage of a
stream of liquids, gases, or fumes into the atmosphere. The passage of liquids,
gases, or fumes is caused by mechanical means such as compressors or
vacuum-producing systems or by process-related means such as evaporation
produced by heating and not caused by tank loading and unloading (working
losses) or by natural means such as diurnal temperature changes.
Vesselmeans every description of
watercraft or other artificial contrivance used, or capable of being used as a
means of transportation on water, other than a public vessel.
means used products primarily derived from petroleum, which include, but are
not limited to, fuel oils, motor oils, gear oils, cutting oils, transmission
fluids, hydraulic fluids, and dielectric fluids.
treatment tank means a tank that is designed to receive and treat an influent
wastewater through physical, chemical, or biological methods.
Waters of the United States or waters of the U.S. means:
All waters which are currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters
which are subject to the ebb and flow of the tide;
All interstate waters, including interstate "wetlands;"
All other waters such as intrastate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, "wetlands," sloughs,
prairie potholes, wet meadows, playa lakes, or natural ponds the use,
degradation, or destruction of which would affect or could affect interstate or
foreign commerce including any such waters:
Which are or could be used by interstate or foreign travelers for recreational
or other purposes;
From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
Which are used or could be used for industrial purposes by industries in
All impoundments of waters otherwise defined as waters of the United States
under this definition;
Tributaries of waters identified in paragraphs (a) through (d) of this
The territorial sea; and
"Wetlands" adjacent to waters (other than waters that are themselves
wetlands) identified in paragraphs (a) through (f) of this definition. Waste
treatment systems, including treatment ponds or lagoons designed to meet the
requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m)
which also meet the criteria of this definition) are not waters of the United
States. This exclusion applies only to manmade bodies of water which neither
were originally created in waters of the United States (such as disposal area
in wetlands) nor resulted from the impoundment of waters of the United States.
Waters of the United States do not include prior converted cropland.
Notwithstanding the determination of an area's status as prior converted
cropland by any other federal agency, for the purposes of the Clean Water Act,
the final authority regarding Clean Water Act jurisdiction remains with EPA.
Wetlandsmeans those areas that are
inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
means reporting chemical analysis results by including either the weight, or
the volume and density, of all liquids.
effluent toxicity means the aggregate toxic effect of an effluent measured directly by a