Mich. Admin. Code R. 299.9103 - Definitions; E, F
Rule 103. As used in these rules:
(a) "Electronic import-export reporting
compliance date" means the date that the 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 the EPA using the EPAs
Waste Import Export Tracking System, or its successor system.
(b) "Electronic manifest" or "e-manifest"
means the electronic format of the hazardous waste manifest that is obtained
from the EPAs national e-manifest system and transmitted electronically to the
system, and that is the legal equivalent of EPA Forms 8700-22 and
8700-22A.
(c) "Electronic manifest
system" or "e-manifest system" means the EPAs 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.
(d) "Element"
means any part of a unit or any group of parts of a unit that are assembled to
perform a specific function, for example, a pump seal, pump, kiln liner, or
kiln thermocouple.
(e) "Elementary
neutralization unit" means a device that is following both of the following
requirements:
(i) Is used for neutralizing
wastes that are hazardous wastes only because they exhibit the corrosivity
characteristic defined in
R
299.9212 or are listed in
R 299.9213 or
R 299.9214 only because they exhibit
the corrosivity characteristic.
(ii) Is in compliance with the definition of
"tank," "tank system," "container," "transport vehicle," or "vessel" as
specified in this part.
(f) "Eligible NARM waste" means NARM waste
that is eligible for the transportation and disposal conditional exemption
under
R 299.9823 of the rules. It is a
NARM waste that contains hazardous waste, meets the waste acceptance criteria
of, and is allowed by state NARM regulations to be disposed of at a low-level
radioactive waste disposal facility licensed under 10 CFR part 61 or NRC
agreement state equivalent regulations.
(g) "Enforceable document" means an order, a
plan, or other document issued by the department either in place of an
operating license for the postclosure period, or as a source of alternative
requirements for hazardous waste management units, as provided under these
rules. An enforceable document may include, but is not limited to, a corrective
action order under part 111 of the act, MCL 324.11101 to 324.11153, a CERCLA
remedy, or a closure or postclosure plan. An enforceable document must be
issued under an authority that has available all of the following remedies:
(i) The authority to sue in courts of
competent jurisdiction to enjoin any threatened or continuing violation of the
requirements of these documents.
(ii) The authority to compel compliance with
the requirements for corrective action or other emergency response measures
deemed necessary to protect human health and the environment.
(iii) The authority to assess or sue to
recover in court civil penalties, including fines, for violations of the
requirements of these documents.
(h) "EPA" means the United States
Environmental Protection Agency.
(i) "EPA acknowledgment of consent" or "EPA
AOC" means the letter EPA sends to the exporter documenting the specific terms
of the country of imports consent and the country or countries of transits
consent. The AOC meets the definition of an export license in the U.S. Census
of Bureau regulations in
15 CFR
30.1.
(j) "EPA region" means the states and
territories found in any of the 10 EPA regions identified in
40
CFR 260.10.
(k) "Episodic event" means an activity or
activities, either planned or unplanned, that does not normally occur during
generator operations and that results in an increase in the generation of
hazardous wastes that exceeds the calendar month quantity limits for the
generators usual category.
(l)
"Equivalent method" means any testing or analytical method that is approved by
the director under
R 299.9215.
(m) "Excluded scrap metal" means processed
scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap
metal.
(n) "Exempted radioactive
waste" means a waste that meets the eligibility criteria and all of the
conditions in
R 299.9822, or meets the eligibility
criteria and complies with all of the conditions in
R 299.9823. The waste is
conditionally exempted from the regulatory definition of hazardous waste in
R
299.9203.
(o) "Existing facility" means a treatment,
storage, or disposal facility that either received all necessary state-issued
environmental permits or licenses before January 1, 1980, or for which approval
of construction was received from the air pollution control commission before
November 19, 1980. Existing facilities also include those treatment, storage,
or disposal facilities that were operating before January 1, 1980, under
existing authority and that did not require state-issued environmental permits
or licenses.
(p) "Existing portion"
means the land surface area of an existing waste management unit previously
authorized and included in the original part A permit application to the EPA on
which wastes have been placed before the issuance of a permit under RCRA or an
operating license under these rules, whichever is sooner.
(q) "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 before July 14, 1986. Installation has
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 of the following provisions
applies:
(i) A continuous on-site physical
construction or installation program has begun.
(ii) The owner or operator has entered into
contractual obligations, which cannot be cancelled or modified without
substantial loss, for physical construction of the site of installation of the
tank system to be completed within a reasonable time.
(r) "Explosives or munitions emergency" means
a situation involving the suspected or detected presence of unexploded
ordnance, damaged or deteriorated explosives or munitions, an improvised
explosive device, 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. Situations may require immediate and expeditious
action by an explosives or munitions emergency specialist to control, mitigate,
or eliminate the threat.
(s)
"Explosives or munitions emergency response" means all immediate response
activities by an explosives or 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 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 does not terminate
the explosives or munitions emergency. Explosives and munitions emergency
responses may occur on either public or private lands and are not limited to
responses at RCRA facilities.
(t)
"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 DOD emergency explosive
ordnance disposal, technical escort unit, 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.
(u) "Exporter", also
known as "primary exporter" on the manifest, means any person domiciled in the
United States who is required to originate the movement document under
R
299.9309 or the manifest for a shipment of hazardous
waste under these rules, which specifies a foreign receiving facility to which
the hazardous waste will be sent, or any recognized trader who proposes export
of the hazardous waste for recovery or disposal operations in the country of
import.
(v) "Facility" means 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 before reclamation. A facility may
consist of several treatment, storage, or disposal operational units, such as 1
or more landfills or surface impoundments, or combinations of operational
units. For the purpose of implementing corrective action under part 111 of the
act, MCL 324.11101 to 324.11153, "facility" includes all contiguous property
under the control of the owner or operator. Notwithstanding the definition of
the term "facility" as it relates to corrective action, a remediation waste
management site is not a facility that is subject to corrective action under
R
299.9629, but is subject to the corrective action
requirements of part 111 of the act, MCL 324.11101 to 324.11153, and these
rules if the site is located within such a facility.
(w) "Facility mailing list" means the mailing
list for a facility that is maintained by the department under
40 CFR
124.10(c)(1)(ix).
(x) "Fault" means a fracture along which
rocks on 1 side have been displaced with respect to rocks on the other
side.
(y) "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 United States Government Publishing
Office.
(bb) "Federal hazardous materials
transportation act" means the hazardous materials transportation authorization
act of 1994,
49 USC
5101 to
5128.
(cc) "Federal resource conservation and
recovery act" means the resource conservation and recovery act of 1976,
42 USC
6901 to
6992k.
(ff) "Final closure" means the closure of all
hazardous waste management units at the facility under all applicable closure
requirements so that hazardous waste management activities under parts 5 and 6
of these rules are no longer conducted at the facility, unless the activities
are subject to
R
299.9305 to
R
299.9307.
(gg) "Flood" means a flood that has a 1%
chance of being equaled or exceeded in any given year.
(hh) "Floodplain" means any land area that is
subject to a 1% or greater chance of flooding in any given year from any
source.
(ii) "Food chain crops"
means tobacco, crops grown for human consumption, and crops grown for feed for
animals whose products are consumed by humans.
(jj) "Freeboard" means the vertical distance
between the top of a tank or surface impoundment dike and the surface of the
waste contained in the tank or surface impoundment dike.
(kk) "Free liquids" means liquids that
readily separate from the solid portion of a waste at ambient temperature and
pressure.
(ll) "Fugitive emissions"
means air contaminant emissions that emanate from non-point emission sources or
sources other than stacks, ducts, or vents.
(mm) "Functionally equivalent element" means
an element that performs the same function or measurement and that meets or
exceeds the performance specifications of another element.
Notes
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