Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 260.1 - HAZARDOUS WASTE MANAGEMENT: GENERAL PROVISIONS › Part 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart B - Definitions › Section 11-260.10 - Definitions

Current through June, 2024
When used in parts 260 through 273 of this chapter, the
						following terms have the meanings given below:
Above ground tank
means a device meeting
						the definition of "tank" in § 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.
Act
or
RCRA
means the
						Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
						Act of 1976, as amended,
						42 U.S.C. section
						6901 et seq.
Active life of a facility
means the
						period from the initial receipt of hazardous waste at the facility until the
						director 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 November 19, 1980 and which is not a closed portion. (See
						also "closed portion" and "inactive portion".)
Acute hazardous waste
means hazardous
						wastes that meet the listing criteria in §261.11(a)(2) and therefore are
						either listed in §261.31 of this chapter with the assigned hazard code of
						(H) or are listed in §261.33(e) of this chapter.
Administrator
means the Administrator of
						the Environmental Protection Agency, or his designee.
Aerosol can
means a non-refillable
						receptacle containing a gas compressed, liquefied, or dissolved under pressure,
						the sole purpose of which is to expel a liquid, paste, or powder and fitted
						with a self-closing release device allowing the contents to be ejected by the
						gas.
Ampule
means an airtight vial made of
						glass, plastic, metal, or any combination of these materials.
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.
Airbag waste
means any hazardous waste
						airbag modules or hazardous waste airbag inflators.
Airbag waste collection facility
means
						any facility that receives airbag waste from airbag handlers subject to
						regulation under
						40
						C.F.R. section 261.4(j) or
						corresponding regulations of any authorized state, and accumulates the waste
						for more than ten days.
Airbag waste handler
means any person,
						by site, who generates airbag waste that is subject to regulation under 40
						C.F.R. parts 260 to 279 or corresponding regulations of any authorized
						state.
Any state
means any of the several
						states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
						Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
						Islands, and any other U.S. territory.
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 responsibility.
Authorized state
or
approved
						state
means a State which has been approved or authorized by EPA under
						40 C.F.R. part 271 .
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.
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 director has determined, on
						a case-by-case basis, to be a boiler, after considering the standards in §
						260.32.
Carbon regeneration unit
means any
						enclosed thermal treatment device used to regenerate spent activated
						carbon.
Central accumulation area
means any
						on-site hazardous waste accumulation area with hazardous waste accumulating in
						units subject to either §262.16 (for small quantity generators) or
						§262.17 of this chapter (for large quantity generators).
Certification
means a statement of
						professional opinion based upon knowledge and belief.
Circuit board
means the part of an
						electronic device that mechanically supports and electrically connects
						electronic components (such as capacitors, diodes, power sources, resistors,
						sensors, switches, transducers, transistors, etc.) using conductive
						tracks.
Closed portion
means that portion of a
						facility which an owner or operator has closed in accordance with the approved
						facility closure plan and all applicable closure requirements. (See also
						"active portion" and "inactive portion".)
Component
means either the tank or
						ancillary equipment of a tank system.
Confined aquifer
means an aquifer
						bounded above and below by impermeable beds or by beds of distinctly lower
						permeability than that of the aquifer itself; an aquifer containing confined
						ground water.
Contained
means held in a unit
						(including a land-based unit as defined in this subpart) that meets the
						following criteria:
(1) The unit is in good condition, with no leaks or other
						continuing or intermittent unpermitted releases of the hazardous secondary
						materials to the environment, and is designed, as appropriate for the hazardous
						secondary materials, to prevent releases of hazardous secondary materials to
						the environment. Unpermitted releases are releases that are not covered by a
						permit (such as a permit to discharge to water or air) and may include, but are
						not limited to, releases through surface transport by precipitation runoff,
						releases to soil and groundwater, wind-blown dust, fugitive air emissions, and
						catastrophic unit failures;
(2) The unit is properly labeled or otherwise has a
						system (such as a log) to immediately identify the hazardous secondary
						materials in the unit; and
(3) The unit holds hazardous secondary materials that are
						compatible with other hazardous secondary materials placed in the unit and is
						compatible with the materials used to construct the unit and addresses any
						potential risks of fires or explosions.
(4) Hazardous secondary materials in units that meet the
						applicable requirements of 40 CFR parts 264 or 265 are presumptively
						contained.
Container
means any portable device in
						which a material is stored, transported, treated, disposed of, or otherwise
						handled.
Containment building
means a hazardous
						waste management unit that is used to store or treat hazardous waste under the
						provisions of subpart DD of parts 264 or 265 of this chapter.
Contingency plan
means a document
						setting out an organized, planned, and coordinated course of action to be
						followed in case of a fire, explosion, or release of hazardous waste or
						hazardous waste constituents which could threaten human health or the
						environment.
Corrosion expert
means a person who, by
						reason of his knowledge of the physical sciences and the principles of
						engineering and mathematics, acquired by a professional education and related
						practical experience, is qualified to engage in the practice of corrosion
						control on buried or submerged metal piping systems and metal tanks. Such a
						person must be certified as being qualified by the National Association of
						Corrosion Engineers (NACE) or be a registered professional engineer who has
						certification or licensing that includes education and experience in corrosion
						control on buried or submerged metal piping systems and metal tanks.
CWA means the federal Clean Water Act,
						33 U.S.C. section
						1251 et seq.
Designated facility
means:
(1) A hazardous waste treatment, storage, or disposal
						facility which:
(i) Has received a permit (or interim status) in
						accordance with the requirements of parts 270 and 124 of this chapter [federal
						40 CFR part 270 and 124 ];
(ii) Has received a permit (or interim status) from a
						State authorized in accordance with part 271 of this chapter [federal 40 CFR
						part 271 ]; or
(iii) Is regulated under § 261.6(c)(2) or subpart F
						of part 266 of this chapter [federal
						40 CFR §
												261.6(c)(2) or 40 CFR part
						266 subpart F] or corresponding regulations of any authorized state; and
(iv) That has been designated on the manifest by the
						generator pursuant to § 262.20 [federal
						40 CFR §
												262.20] or corresponding regulations of any
						authorized state.
(2) Designated facility also means a generator site
						designated on the manifest to receive its waste as a return shipment from a
						facility that has rejected the waste in accordance with § 264.72(f) or
						§ 265.72(f) of this chapter [federal
						40 CFR §
												264.72(f) or
						265.72(f)]
						or corresponding regulations of any authorized state.
(3) If a waste is destined to a facility in an authorized
						State which has not yet obtained authorization to regulate that particular
						waste as hazardous, then the designated facility must be a facility allowed by
						the receiving State to accept such waste.
Destination facility
means a facility
						that treats, disposes of, or recycles a particular category of universal waste,
						except those management activities described in §§ 273.13 and 273.33
						of this chapter. 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.
Dike
means an embankment or ridge of
						either natural or man-made materials used to prevent the movement of liquids,
						sludges, solids, or other materials.
Dioxins and furans (D/F)
means tetra,
						penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.
Director
, or
director of
						health
, means the director of the State of Hawaii department of health
						or the director's authorized agent.
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 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 facilit
y 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 placed.
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 plants.
Electronic import-export reporting compliance
						date
means the date that EPA announces in the Federal Register, on or
						after which exporters, importers, and receiving facilities are required to
						submit certain export and import related documents to EPA using EPA's Waste
						Import Export Tracking System, or its successor system.
Electronic item
, also referred to as
universal waste electronic item
, means a device containing a
						circuit board, or other complex circuitry, or a video display. Indicators that
						a device likely contains a circuit board include the presence of a keypad,
						touch screen, any type of video or digital display, or common electronic ports
						or connectors, such as serial, parallel, Rj45 ("network"), or USB. Examples of
						common universal waste electronic items include, but are not limited to:
						computer central processing unit; computer monitor; portable computer
						(including notebook, laptop, and tablet computer); devices designed for use
						with computers (also known as computer peripherals) such as keyboard, mouse,
						desktop printer, scanner, and external storage drive; server; television;
						digital video disc (DVD) recorder or player; videocassette recorder or player
						(VCR); eBook reader; digital picture frame; fax machine; video game equipment;
						cellular telephone; answering machine; digital camera; portable music or video
						player; wireless paging device; remote control; and smoke detector. Electronic
						item does not include a device that is physically a part of, connected to, or
						integrated within a large piece of equipment that is not meant to be
						hand-carried by one person (for example, an automobile, large medical
						equipment, or white goods as defined in chapter
						11-58.1). A device is considered
						physically a part of, connected to, or integrated within a large piece of
						equipment if the device cannot be easily disconnected from the large equipment
						by a layperson without specialized training. When a device containing a circuit
						board or a video display is removed, separated, or separate from the large
						piece of equipment that it is meant to be a part of, it is a universal waste
						electronic item.
Electronic manifest
(or
e-Manifest
) means the electronic format of the hazardous waste
						manifest that is obtained from EPA's national e-Manifest system and transmitted
						electronically to the system, and that is the legal equivalent of EPA Forms
						8700-22 (Manifest) and 8700-22A (Continuation Sheet).
Electronic Manifest System
(or
e-Manifest System
) means EPA's national information technology
						system through which the electronic manifest may be obtained, completed,
						transmitted, and distributed to users of the electronic manifest and to
						regulatory agencies.
Elementary neutralization unit
means a
						device which:
(1) Is used for neutralizing wastes that are hazardous
						only because they exhibit the corrosivity characteristic defined in §
						261.22 of this chapter, or they are listed in subpart D of part 261 of the
						chapter only for this reason; and
(2) Meets the definition of tank, tank system, container,
						transport vehicle, or vessel in § 260.10 of this chapter.
EPA hazardous waste number
means the
						number assigned by EPA or the State to each hazardous waste listed in part 261,
						subpart D, of this chapter and to each characteristic identified in part 261,
						subpart C, of this chapter.
EPA identification number
means the
						number assigned by EPA or the state 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 Rhode Island.
Region II-New York, New Jersey, Commonwealth of Puerto
						Rico, and the U.S. Virgin Islands.
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 Colorado.
Region IX-California, Nevada, Arizona, Hawaii, Guam,
						American Samoa, Commonwealth of the Northern Mariana Islands.
Region X-Washington, Oregon, Idaho, and Alaska.
Equivalent method
means any testing or
						analytical method approved by the Administrator under §§ 260.20 and
						260.21 [federal] and approved by the director.
Existing hazardous waste management (HWM)
						facility
or
existing facility
means a facility which
						was in operation or for which construction commenced on or before:
(1) November 19, 1980;
(2) The effective date of statutory or regulatory changes
						made under RCRA prior to June 18, 1994 that made the facility subject to the
						requirement to have an RCRA permit; or
(3) The effective date of statutory or regulatory changes
						made under chapter
						342J, HRS, after June 18, 1994 that
						made the facility subject to the requirement to have a permit under section
						342J-30(a),
						HRS.
A facility has commenced construction if:
(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 for HSWA tanks and June
						18, 1994 for non-HSWA tanks. 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.
Facility
means:
(1) All contiguous land, and structures, other
						appurtenances, and improvements on the land, used for treating, storing, or
						disposing of hazardous waste, or for managing hazardous secondary materials
						prior to reclamation. A facility may consist of several treatment, storage, or
						disposal operational units (e.g., one or more landfills, surface impoundments,
						or combinations of them).
(2) For the purpose of implementing corrective action
						under
						40 CFR
						264.101, all contiguous property under the
						control of the owner or operator seeking a permit under Subtitle C of RCRA.
						This definition also applies to facilities implementing corrective action under
						42 U.S.C. section
						6928(h) or section 342J-36,
						HRS.
(3) Notwithstanding paragraph (2) of this definition, a
						remediation waste management site is not a facility that is subject to
						40 CFR
						264.101, but is subject to corrective action
						requirements if the site is located within such a facility.
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, 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 ordinances.
Final closure means
the closure of all
						hazardous waste management units at the facility in accordance with all
						applicable closure requirements so that hazardous waste management activities
						under parts 264 and 265 of this chapter are no longer conducted at the facility
						unless subject to the provisions in
						40
						C.F.R. sections 262.14 to
						262.17,
						as incorporated and amended in section 11-262.1-1".
Food-chain crops
means tobacco, crops
						grown for human consumption, and crops grown for feed for animals whose
						products are consumed by humans.
Free liquids
means liquids which readily
						separate from the solid portion of a waste under ambient temperature and
						pressure.
Freeboard
means the vertical distance
						between the top of a tank or surface impoundment dike, and the surface of the
						waste contained therein.
Generator
means any person, by site,
						whose act or process produces hazardous waste identified or listed in part 261
						of this chapter 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 saturation.
Hazardous secondary material
means a
						secondary material (e.g., spent material, by-product, or sludge) that, when
						discarded, would be identified as hazardous waste under part 261 of this
						chapter.
Hazardous secondary material generator
means any person whose act or process produces hazardous secondary materials at
						the generating facility. For purposes of this paragraph, "generating facility"
						means all contiguous property owned, leased, or otherwise controlled by the
						hazardous secondary material generator. For the purposes of §
						261.2(a)(2)(ii) and § 261.4(a)(23), a facility that collects hazardous
						secondary materials from other persons is not the hazardous secondary material
						generator.
Hazardous waste
means a hazardous waste
						as defined in § 261.3 of this chapter.
Hazardous waste constituent
means a
						constituent that caused the Administrator to list the hazardous waste in part
						261, subpart D, of this chapter, or a constituent listed in table 1 of §
						261.24 of this chapter.
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.
HRS
means the Hawaii Revised
						Statutes.
HSWA
means Hazardous and Solid Waste
						Amendments.
HSWA Drip Pad
means a drip pad handling
						F032 waste, as defined in
						40 C.F.R. section
						261.31, as incorporated and amended in
						section 11-261.1-1.
HSWA Tank
means a tank owned or operated
						by a generator of less than one thousand kilograms of hazardous waste in any
						single calendar month; or, a new underground tank; or, an existing underground
						tank that cannot be entered for inspection.
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 November 19, 1980. (See also "active
						portion" and "closed portion".)
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 for:
(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 appendix V of parts 264 and 265 of this chapter
						for examples.)
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 furnace
means any of the
						following enclosed devices that are integral components of manufacturing
						processes and that use thermal treatment to accomplish recovery of materials or
						energy:
(1) Cement kilns
(2) Lime kilns
(3) Aggregate kilns
(4) Phosphate kilns
(5) Coke ovens
(6) Blast furnaces
(7) Smelting, melting and refining furnaces (including
						pyrometallurgical devices such as cupolas, reverberator furnaces, sintering
						machine, roasters, and foundry furnaces)
(8) Titanium dioxide chloride process oxidation
						reactors
(9) Methane reforming furnaces
(10) Pulping liquor recovery furnaces
(11) Combustion devices used in the recovery of sulfur
						values from spent sulfuric acid
(12) Halogen acid furnaces (HAFs) for the production of
						acid from halogenated hazardous waste generated by chemical production
						facilities where the furnace is located on the site of a chemical production
						facility, the acid product has a halogen acid content of at least 3%, the acid
						product is used in a manufacturing process, and, except for hazardous waste
						burned as fuel, hazardous waste fed to the furnace has a minimum halogen
						content of 20% as-generated.
(13) Such other devices as the director may, after notice
						and comment, add to this list on the basis of one or more of the following
						factors:
(i) The design and use of the device primarily to
						accomplish recovery of material products;
(ii) The use of the device to burn or reduce raw
						materials to make a material product;
(iii) The use of the device to burn or reduce secondary
						materials as effective substitutes for raw materials, in processes using raw
						materials as principal feedstocks;
(iv) The use of the device to burn or reduce secondary
						materials as ingredients in an industrial process to make a material
						product;
(v) The use of the device in common industrial practice
						to produce a material product; and
(vi) Other factors, as appropriate.
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
						industrial furnace.
Inground tank
means a device meeting the
						definition of "tank" in § 260.10 whereby a portion of the tank wall is
						situated to any degree within the ground, thereby preventing visual inspection
						of that external surface area of the tank that is in the ground.
Injection well
means a well into which
						fluids are injected. (See also "underground injection".)
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.
Intermediate facility
means any facility
						that stores hazardous secondary materials for more than 10 days, other than a
						hazardous secondary material generator or reclaimer of such material.
International shipment
means the
						transportation of hazardous waste into or out of the jurisdiction of the United
						States.
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 disposal
means placement in or on
						the land, except in a corrective action management unit or staging pile, and
						includes, but is not limited to, placement in a landfill, surface impoundment,
						waste pile, injection well, land treatment facility, salt dome formation, salt
						bed formation, underground mine or cave, or placement in a concrete vault, or
						bunker intended for disposal purposes.
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.
Land-based unit
means an area where
						hazardous secondary materials are placed in or on the land before recycling.
						This definition does not include land-based production units.
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.
Large quantity generator
is a generator
						who generates any of the following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms (2200 lbs)
						of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous
						waste listed in §261.31 or §261.33(e) of this chapter; or
(3) Greater than 100 kilograms (220 lbs) of any residue
						or contaminated soil, water, or other debris resulting from the cleanup of a
						spill, into or on any land or water, of any acute hazardous waste listed in
						§261.31 or §261.33(e) of this chapter.
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.
Management
or
hazardous waste
						management
means the systematic control of the collection, source
						separation, storage, transportation, processing, treatment, recovery, and
						disposal of hazardous waste.
Manifest
means the shipping document EPA
						Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic
						manifest, originated and signed in accordance with the applicable requirements
						of parts 262 through 265 of this chapter.
Manifest tracking number
means: The
						alphanumeric identification number (i.e., a unique three letter suffix preceded
						by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a
						registered source.
Mercury-containing equipment
means a
						device or part of a device (including thermostats, but excluding batteries and
						lamps) that contains elemental mercury integral to its function.
Military munitions
means all ammunition
						products and components produced or used by or for the U.S. Department of
						Defense or the U.S. Armed Services for national defense and security, including
						military munitions under the control of the Department of Defense, the U.S.
						Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel.
						The term military munitions includes: confined gaseous, liquid, and solid
						propellants, explosives, pyrotechnics, chemical and riot control agents,
						smokes, and incendiaries used by DOD components, including bulk explosives and
						chemical warfare agents, chemical munitions, rockets, guided and ballistic
						missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms
						ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and
						dispensers, demolition charges, and devices and components thereof. Military
						munitions do not include wholly inert items, improvised explosive devices, and
						nuclear weapons, nuclear devices, and nuclear components thereof. However, the
						term does include non-nuclear components of nuclear devices, managed under
						DOE's nuclear weapons program after all required sanitization operations under
						the Atomic Energy Act of 1954, as amended, have been completed.
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 part 146 of this chapter,
						containment building, corrective action management unit, unit eligible for a
						research, development, and demonstration permit under
						40 CFR
						270.65, or staging pile.
Movement
means that hazardous waste
						transported to a facility in an individual vehicle.
New hazardous waste management facility
or
new facility
means a hazardous waste management facility
						which is not included in the definition of an existing hazardous waste
						management facility.
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 for HSWA tanks and June 18, 1994 for non-HSWA
						tanks; except, however, for purposes of § 264.193(g)(2) and §
						265.193(g)(2), a new tank system is one for which construction commences after
						July 14, 1986 for HSWA tanks and June 18, 1994 for non-HSWA tanks. (See also
						"existing tank system.")
No free liquids
, as used in
						40
						CFR 261.4(a)(26) and
						40
						CFR 261.4(b)(18), means that
						solvent-contaminated wipes may not contain free liquids as determined by Method
						9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating
						Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is
						incorporated by reference, and that there is no free liquid in the container
						holding the wipes. No free liquids may also be determined using another
						standard or test method as defined by an authorized state.
Non-acute hazardous waste
means all
						hazardous wastes that are not acute hazardous waste, as defined in this
						section.
Non-HSWA Drip Pad
means a drip pad
						handling F034 and F035 wastes, as defined in
						40 C.F.R. section
						261.31, as incorporated and amended in
						section 11-261.11.
Non-HSWA Tank
means all tanks except
						HSWA tanks as defined in this section.
On ground tank
means a device meeting
						the definition of "tank" in § 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 on-site property.
Open burning
means the combustion of any
						material without the following characteristics:
(1) Control of combustion air to maintain adequate
						temperature for efficient combustion,
(2) Containment of the combustion-reaction in an enclosed
						device to provide sufficient residence time and mixing for complete combustion,
						and
(3) Control of emission of the gaseous combustion
						products. (See also "incineration" and "thermal treatment".)
Operator
means the person responsible
						for the overall operation of a facility.
Owner
means the person who owns a
						facility or part of a facility.
Partial closure
means the closure of a
						hazardous waste management unit in accordance with the applicable closure
						requirements of parts 264 and 265 of this chapter 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 operate.
Person
means any individual,
						partnership, firm, joint stock company, association, public or private
						corporation, federal agency, the State or any of its political subdivisions,
						any state and any of its political subdivisions, trust, estate, interstate
						body, or any other legal entity.
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 part 264 or 265 of this chapter.
Pesticide
means 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:
(1) Is a new animal drug under FFDCA section 201(w),
						or
(2) 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
(3) Is an animal feed under FFDCA section 201(x) that
						bears or contains any substances described by paragraph (1) or (2) of this
						definition.
Photovoltaic cell
means a specialized
						semiconductor diode designed to convert solar radiation into electrical energy.
						Photovoltaic cells may be composed of, but are not limited to, monocrystalline
						silicon, polycrystalline silicon, amorphous silicon, cadmium telluride, copper
						indium gallium selenide, and gallium indium phosphide/gallium arsenide/gallium,
						and perovskite. Photovoltaic cells are managed as solar panels.
Pile
means any non-containerized
						accumulation of solid, nonflowing hazardous waste that is used for treatment or
						storage and that is not a containment building.
Plasma 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.
Point source
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, or vessel or other floating
						craft, from which pollutants are or may be discharged. This term does not
						include return flows from irrigated agriculture.
Publicly 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.
Qualified Ground-Water Scientist
means a
						scientist or engineer who has received a baccalaureate or post-graduate degree
						in the natural sciences or engineering, and has sufficient training and
						experience in ground-water hydrology and related fields as may be demonstrated
						by state registration, professional certifications, or completion of accredited
						university courses that enable that individual to make sound professional
						judgements regarding ground-water monitoring and contaminant fate and
						transport.
Recognized trader
means a person
						domiciled in the United States, by site of business, who acts to arrange and
						facilitate transboundary movements of wastes destined for recovery or disposal
						operations, either by purchasing from and subsequently selling to United States
						and foreign facilities, or by acting under arrangements with a United States
						waste facility to arrange for the export or import of the wastes.
Regional Administrator
means the
						Regional Administrator for the EPA Region in which the facility is located, or
						his designee.
Remanufacturing
means processing a
						higher-value hazardous secondary material in order to manufacture a product
						that serves a similar functional purpose as the original commercial-grade
						material. For the purpose of this definition, a hazardous secondary material is
						considered higher-value if it was generated from the use of a commercial-grade
						material in a manufacturing process and can be remanufactured into a similar
						commercial-grade material.
Remediation waste
means all solid and
						hazardous wastes, and all media (including ground water, surface water, soils,
						and sediments) and debris, that are managed for implementing cleanup.
Remediation 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 or section 342J-36, HRS, but is
						subject to corrective action requirements if the site is located in such a
						facility.
Replacement unit
means a landfill,
						surface impoundment, or waste pile unit (1) from which all or substantially all
						of the waste is removed, and (2) that is subsequently reused to treat, store,
						or dispose of hazardous waste. "Replacement unit" does not apply to a unit from
						which waste is removed during closure, if the subsequent reuse solely involves
						the disposal of waste from that unit and other closing units or corrective
						action areas at the facility, in accordance with an approved closure plan or
						EPA or State approved corrective action.
Representative sample
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 whole.
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.
Saturated zone
or
zone of
						saturation
means that part of the earth's crust in which all voids are
						filled with water.
Sludge
means 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
						plant.
Sludge dryer
means any 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.
Small quantity generator
is a generator
						who generates the following amounts in a calendar month:
(1) Greater than 100 kilograms (220 lbs) but less than
						1,000 kilograms (2200 lbs) of non-acute hazardous waste; and
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute
						hazardous waste listed in §261.31 or §261.33(e) of this chapter;
						and
(3) Less than or equal to 100 kilograms (220 lbs) of any
						residue or contaminated soil, water, or other debris resulting from the cleanup
						of a spill, into or on any land or water, of any acute hazardous waste listed
						in §261.31 or §261.33(e) of this chapter.
Solar panel
or
solar
						photovoltaic panel
means a device consisting of one or more
						electrically connected photovoltaic cells that are designed to convert solar
						radiation into electrical energy. Solar panel includes integrated components
						that cannot be separated without breaking the solar panel glass. Examples of
						integrated components include, but are not limited to, protective glass,
						conductive metal contact, metal framing the photovoltaic cells, housing or
						pocket holding the photovoltaic cells, and top and back layer. Photovoltaic
						cells that are not electrically connected are managed as solar panels. Solar
						panel does not include solar thermal panels that do not contain photovoltaic
						cells.
Solar photovoltaic system
means a set of
						components consisting of one or more solar panels and ancillary components such
						as, but not limited to, metal frames used to support the solar panels,
						connectors, junction boxes, batteries, inverters, wires, and cables that are
						connected to the solar panels. Ancillary components are those components of the
						system that can be manually separated from the solar panel without breaking the
						solar panel glass.
Solid waste
means a solid waste as
						defined in § 261.2 of this chapter.
Solvent-contaminated wipe
means-
(1) A wipe that, after use or after cleaning up a spill,
						either:
(i) Contains one or more of the F001 through F005
						solvents listed in
						40 CFR
						261.31 or the corresponding P- or U- listed
						solvents found in
						40
						CFR 261.33;
(ii) Exhibits a hazardous characteristic found in 40 CFR
						part 261 subpart C when that characteristic results from a solvent listed in 40
						CFR part 261 ; and/or
(iii) Exhibits only the hazardous waste characteristic of
						ignitability found in
						40 CFR
						261.21 due to the presence of one or more
						solvents that are not listed in 40 CFR part 261 .
(2) Solvent-contaminated wipes that contain listed
						hazardous waste other than solvents, or exhibit the characteristic of toxicity,
						corrosivity, or reactivity due to contaminants other than solvents, are not
						eligible for the exclusions at
						40
						CFR 261.4(a)(26) and
						40
						CFR 261.4(b)(18).
Sorbent
means 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.
Staging pile
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
						Director according to the requirements of
						40
						CFR 264.554.
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.
Sump
means 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.
Surface 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,
						and lagoons.
Tank
means 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.
Tank system
means a hazardous waste
						storage or treatment tank and its associated ancillary equipment and
						containment system.
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.
Thermal treatment
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. (See also "incinerator" and "open burning".)
Thermostat
means 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).
Totally enclosed treatment facility
means a facility for the treatment of hazardous waste which is directly
						connected to an industrial production process and which is constructed and
						operated in a manner which prevents the release of any hazardous waste or any
						constituent thereof into the environment during treatment. An example is a pipe
						in which waste acid is neutralized.
Transfer facility
means any
						transportation-related facility, including loading docks, parking areas,
						storage areas and other similar areas where shipments of hazardous waste or
						hazardous secondary materials are held during the normal course of
						transportation.
Transport vehicle
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.
Transportation
means 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.
Treatability study
means a study in
						which a hazardous waste is subjected to a treatment process to determine: (1)
						Whether the waste is amenable to the treatment process, (2) what pretreatment
						(if any) is required, (3) the optimal process conditions needed to achieve the
						desired treatment, (4) the efficiency of a treatment process for a specific
						waste or wastes, or (5) the characteristics and volumes of residuals from a
						particular treatment process. Also included in this definition for the purpose
						of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion,
						and other material compatibility studies and toxicological and health effects
						studies. A "treatability study" is not a means to commercially treat or dispose
						of hazardous waste.
Treatment
means 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.
Treatment zone
means a soil area of the
						unsaturated zone of a land treatment unit within which hazardous constituents
						are degraded, transformed, or immobilized.
Underground injection
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".)
Underground tank
means a device meeting
						the definition of "tank" in § 260.10 whose entire surface area is totally
						below the surface of and covered by the ground.
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.
United States
means the 50 States, the
						District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
						Guam, American Samoa, and the Commonwealth of the Northern Mariana
						Islands.
Universal waste
means any of the
						following hazardous wastes that are managed under the universal waste
						requirements of part 273 of this chapter:
(1) Batteries as described in § 273.2 of this
						chapter;
(2) Pesticides as described in § 273.3 of this
						chapter;
(3) Mercury-containing equipment as described in §
						273.4 of this chapter;
(4) Lamps as described in § 273.5 of this
						chapter;
(5) Aerosol cans as described in § 273.6 of this
						chapter;
(6) Electronic items as described in 40 C.F.R. section
						273.6.1, as incorporated and amended in section 11-273.1-1; and
(7) Solar panels as described in 40 C.F.R. section
						273.6.2, as incorporated and amended in section 11-273.1-1.
Universal waste handler:
(1) Means:
(i) A generator (as defined in this section) of universal
						waste; or
(ii) The owner or operator of a facility, including all
						contiguous property, that receives universal waste from other universal waste
						handlers, accumulates universal waste, and sends universal waste to another
						universal waste handler, to a destination facility, or to a foreign
						destination.
(2) Does not mean:
(i) A person who treats, disposes of, or recycles
						universal waste (except under the provisions of
						40 C.F.R. section
						273.13 or
						273.33, as
						incorporated and amended in section 11-273.1-1); or
(ii) A person engaged in the off-site transportation of
						universal waste by air, rail, highway, or water, including a universal waste
						transfer facility.
Universal waste transporter
means a
						person engaged in the off-site transportation of universal waste by air, rail,
						highway, or water.
Unsaturated zone
or
zone of
						aeration
means the zone between the land surface and the water
						table.
Uppermost aquifer
means the geologic
						formation nearest the natural ground surface that is an aquifer, as well as
						lower aquifers that are hydraulically interconnected with this aquifer within
						the facility's property boundary.
Used oil
means any oil that has been
						refined from crude oil, or any synthetic oil, that has been used and as a
						result of such use is contaminated by physical or chemical impurities.
User of the electronic manifest system
means a hazardous waste generator, a hazardous waste transporter, an owner or
						operator of a hazardous waste treatment, storage, recycling, or disposal
						facility, or any other person that:
(1) Is required to use a manifest to comply with:
(i) Any federal or state requirement to track the
						shipment, transportation, and receipt of hazardous waste or other waste
						material that is shipped from the site of generation to an off-site designated
						facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to track the
						shipment, transportation, and receipt of rejected wastes or regulated container
						residues that are shipped from a designated facility to an alternative
						facility, or returned to the generator; and
(2) Elects to use the system to obtain, complete and
						transmit an electronic manifest format supplied by the EPA electronic manifest
						system, or
(3) Elects to use the paper manifest form and submits to
						the system for data processing purposes a paper copy of the manifest (or data
						from such a paper copy), in accordance with § 264.71(a)(2)(v) or §
						265.71(a)(2)(v) of this chapter. These paper copies are submitted for data
						exchange purposes only and are not the official copies of record for legal
						purposes.
Very small quantity generator
is a
						generator who generates less than or equal to the following amounts in a
						calendar month:
(1) 100 kilograms (220 lbs) of nonacute hazardous waste;
						and
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed
						in § 261.31 or § 261.33(e) of this chapter; and
(3) 100 kilograms (220 lbs) of any residue or
						contaminated soil, water, or other debris resulting from the cleanup of a
						spill, into or on any land or water, of any acute hazardous waste listed in
						§ 261.31 or § 261.33(e) of this chapter.
Vessel
includes every description of
						watercraft, used or capable of being used as a means of transportation on the
						water.
Video display
means the part of an
						electronic device capable of presenting images electronically on a screen
						viewable by the device user. A video display may use cathode ray tube, liquid
						crystal display (LCD), gas plasma, digital light processing, or other image
						projection technology.
Wastewater
treatment unit means a device
						which:
(1) Is part of a wastewater treatment facility that is
						subject to regulation under either section 402 or 307(b) of the Clean Water
						Act; and
(2) Receives and treats or stores an influent wastewater
						that is a hazardous waste as defined in § 261.3 of this chapter, or that
						generates and accumulates a wastewater treatment sludge that is a hazardous
						waste as defined in § 261.3 of this chapter, or treats or stores a
						wastewater treatment sludge which is a hazardous waste as defined in §
						261.3 of this Chapter; and
(3) Meets the definition of tank or tank system in §
						260.10 of this chapter. Water (bulk shipment) means the bulk transportation of
						hazardous waste which is loaded or carried on board a vessel without containers
						or labels.
Well
means any shaft or pit dug or bored
						into the earth, generally of a cylindrical form, and often walled with bricks
						or tubing to prevent the earth from caving in.
Well injection
: (See "underground
						injection".)
Wipe
means a woven or non-woven shop
						towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends,
						or other material.
Zone of engineering control
means an
						area under the control of the owner/operator that, upon detection of a
						hazardous waste release, can be readily cleaned up prior to the release of
						hazardous waste or hazardous constituents to ground water or surface
						water.