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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 335INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
SUBCHAPTER QPOLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION
RULE §335.471Definitions

The words and terms used in this subchapter have the meanings given in the Waste Reduction Policy Act of 1991, or the regulations promulgated thereunder. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Further, the following words and terms, as defined herein, shall only have application to this subchapter.

  (1) Acute hazardous waste--Hazardous waste listed by the administrator of the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, because the waste meets the criteria for listing hazardous waste identified in 40 Code of Federal Regulations §261.11(a)(2).

  (2) Base year--The year preceding the first year of the plan.

  (3) Conditionally exempt small quantity generator--A generator that does not accumulate more than 1,000 kilograms of hazardous waste at any one time at his facility and who generates less than 100 kilograms of hazardous waste in any given month.

  (4) Environment--Water, air, and land and the interrelationship that exists among and between water, air, land, and all living things.

  (5) Environmental management system--As defined in §90.30(3) of this title (relating to Definitions). A documented management system to address applicable environmental regulatory requirements that includes organizational structure, planning activities, responsibilities, practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining an environmental policy directed toward continuous improvement.

  (6) Facility--All buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites that are owned or operated by a person who is subject to this subchapter or by a person who controls, is controlled by, or is under common control with a person subject to this subchapter.

  (7) Generator and generator of hazardous waste--Has the meaning assigned by Texas Health and Safety Code, §361.131. A person whose act or process produces industrial solid waste or hazardous waste or whose act first causes an industrial solid waste or a hazardous waste to be regulated by the commission.

  (8) Large quantity generator--A generator that generates, through ongoing processes and operations at a facility:

    (A) more than 1,000 kilograms of hazardous waste in a month; or

    (B) more than one kilogram of acute hazardous waste in a month.

  (9) Media and medium--Air, water, and land into which waste is emitted, released, discharged, or disposed.

  (10) Pollutant or contaminant--Includes any element, substance, compound, disease-causing agent, or mixture that after release into the environment and on exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations in the organism or its offspring. The term does not include petroleum, crude oil, or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance under §101(14)(A) - (F) of the environmental response law, nor does it include natural gas, natural gas liquids, liquefied natural gas, synthetic gas of pipeline quality, or mixtures of natural gas and synthetic gas.

  (11) Release--Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. The term does not include:

    (A) a release that results in an exposure to a person solely within a workplace, concerning a claim that the person may assert against the person's employer;

    (B) an emission from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

    (C) a release of source, by-product, or special nuclear material from a nuclear incident, as those terms are defined by the Atomic Energy Act of 1954, as amended ((42 United States Code, §§2011 et seq.), if the release is subject to requirements concerning financial protection established by the United States Nuclear Regulatory Commission under that Act, §170;

    (D) for the purposes of the federal CERCLA (Superfund), §104, or other response action, a release of source, by-product, or special nuclear material from a processing site designated under the Uranium Mill Tailings Radiation Control Act of 1978 (42 United States Code, §7912 and §7942), §102(a)(1), or §302(a)); and

    (E) the normal application of fertilizer.

  (12) Small quantity generator--A generator that generates through ongoing processes and operation at a facility:

    (A) equal to or less than 1,000 kilograms but more than or equal to 100 kilograms of hazardous waste in a month; or

    (B) equal to or less than one kilogram of acute hazardous waste in a month.

  (13) Source reduction--Has the meaning assigned by the federal Pollution Prevention Act of 1990, Publication Law 101-508, §6603, 104 Stat. 1388. The term ''source reduction'' means any practice which:

    (A) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and

    (B) reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants. The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.

  (14) Tons--2,000 pounds, also referred to as short tons.

  (15) Toxic release inventory--A program which includes those chemicals on the list in Committee Print Number 99-169 of the United States Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA, 42 United States Code, §11023), 313" including any revised version of the list as may be made by the administrator of the EPA.

  (16) Waste minimization--A practice that reduces the environmental or health hazards associated with hazardous wastes, pollutants, or contaminants. Examples may include reuse, recycling, neutralization, and detoxification.


Source Note: The provisions of this §335.471 adopted to be effective January 3, 1992, 16 TexReg 7532; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 735

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