Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 213 - Packaging-heavy Metal Content › Rule 567-213.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following terms, as used in this chapter, shall have the
				  following meanings:
"Department"
means the department of natural
				  resources as created under Iowa Code section
				  455A2..
"Distributor"
means a person who takes title
				  to one or more packages or packaging components purchased for promotional
				  purposes or resale. A person involved solely in delivering or storing packages
				  or packaging components on behalf of third parties is not a distributor.
"Incidental presence"
means that these
				  elements were not intentionally introduced during manufacturing or distribution
				  and are below the concentration levels established by the department in subrule
				  213.4(3).
"Intentional introduction "
means an act of
				  deliberately utilizing a regulated metal in the formulation of a package or
				  packaging component where its continued presence is desired in the final
				  package or packaging component to provide a specific characteristic,
				  appearance, or quality. Intentional introduction does not include the use of a
				  regulated metal as a processing agent or intermediate to impart certain
				  chemical or physical changes during manufacturing, if the incidental presence
				  of a residue of the metal in the final package or packaging component is
				  neither desired nor deliberate and if the final package or packaging component
				  is in compliance with Iowa Code section
				  455D19(4).,
				  paragraph
"c. "
Intentional introduction also does not include
				  the use of recycled materials as feedstock for the manufacture of new packaging
				  materials, if the recycled materials contain amounts of a regulated metal and
				  if the new package or packaging component is in compliance with Iowa Code
				  section 455D. 19(4), paragraph
"c. "
"Manufacturer"
means a person who produces
				  one or more packages or packaging components.
"Manufacturing"
means physical or chemical
				  modification of one or more materials to produce packaging or packaging
				  components.
"Offer for promotional purposes "
means any
				  transfer of title or possession, or both, of packaging or products in packaging
				  without consideration.
"Offer for sale"
means any transfer of title
				  or possession, or both, exchange, barter, lease, rental, conditional or
				  otherwise, of packaging or products in packaging for a consideration in any
				  manner or any means whatsoever.
"Package"
means a container which provides a
				  means of marketing, protecting, or handling a product, including a unit
				  package, an intermediate package, or a shipping container. Package also
				  includes, but is not limited to, unsealed receptacles, such as carrying cases,
				  crates, cups, pails, rigid foil and other trays, wrappers and wrapping films,
				  bags, and tubs.
"Packaging component"
means any individual
				  assembled part of a package, including, but not limited to, interior and
				  exterior blocking, bracing, cushioning, weatherproofing, exterior strapping,
				  coatings, closures, inks, labels, and tin-plated steel.
"Regulated metal"
means any metal regulated
				  under this chapter.
"Reusable entities "
means packaging or
				  packaging components having a controlled distribution and reuse subject to the
				  exemption provided in Iowa Code section
				  455D19(5).,
				  paragraph
"e. "
"Tin-plated steel"
means a material that
				  meets the American Society for Testing and Materials (ASTM) specification A-623
				  and shall be considered as a single package component. Electrogalvanized coated
				  steel and hot-dipped coated galvanized steel that meets the American Society
				  for Testing and Materials (ASTM) specifications A-879 and A-529 shall be
				  treated in the same manner as tin-plated steel.