R 299.9103 Definitions; E, F.

Rule 103.  As used in these rules:

(a)  "Electric lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum.  Examples of common electric lamps include incandescent, fluorescent, high intensity discharge, sodium vapor, mercury vapor, and neon lamps.

(b)  "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.

(c)  "Elementary neutralization unit" means a device that is in compliance with 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.

(d)  "Eligible NARM waste" means NARM waste that is eligible for the transportation and disposal conditional exemption outlined in 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  pursuant to 10 C.F.R. part 61 or NRC agreement state equivalent regulations.

(e)  "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, a CERCLA remedy, or a closure or postclosure plan.  An enforceable document shall 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 access or sue to recover in court civil penalties, including fines, for violations of the requirements of these documents.

(f)  "EPA" means the United States environmental protection agency.

(g)  "EPA acknowledgment of consent" means the cable that is sent to EPA from the United States embassy in a receiving country which acknowledges the written consent of the receiving country to accept the hazardous waste and which describes the terms and conditions of the receiving country's consent to the shipment.

(h)  "EPA region" means the states and territories found in any of the 10 EPA regions identified in 40 C.F.R. §260.10.

(i)  "Equivalent method" means any testing or analytical method that is approved by the director pursuant to R 299.9215.

(j)  "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(k)  "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.  Such waste is conditionally exempted from the regulatory definition of hazardous waste in R 299.9203.

(l)  "Existing facility" means a treatment, storage, or disposal facility that either received all necessary state-issued environmental construction or operating permits before January 1, 1980, or for which approval of construction has been received from the air pollution control commission before November 19, 1980.  Existing facilities also include those treatment, storage, or disposal facilities which were operating before January 1, 1980, under existing authority and which did not require state-issued environmental construction or operating permits.

(m)  "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 pursuant to RCRA or an operating license pursuant to these rules, whichever is sooner.

(n)  "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 shall 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 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.

(o)  "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.  Such situations may require immediate and expeditious action by an explosives or munitions emergency specialist to control, mitigate, or eliminate the threat.

(p)  "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 shall 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.

(q)  "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.

(r)  "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste.  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, "facility" shall include 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 and these rules if the site is located within such a facility.

(s)  "Facility mailing list" means the mailing list for a facility that is maintained by the department pursuant to 40 C.F.R. §124.10I(1)(ix).

(t)  "Fault" means a fracture along which rocks on 1 side have been displaced with respect to rocks on the other side.

(u)  "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 printing office.

(v)  "Federal clean air act" means Public Law 95-95, 42 U.S.C. §1857 et seq.

(w)  "Federal clean water act" means Public Law 92-500, 33 U.S.C. §1251 et seq.

(x)  "Federal hazardous materials transportation act" means Public Law 93-633, 49 U.S.C. §1801 et seq.

(y)  "Federal insecticide, fungicide, and rodenticide act" means 7 U.S.C. §§136 to 136y.

(z)  "Federal resource conservation and recovery act" means Public Law 94-580, 42 U.S.C. §6901 et seq.

(aa)  "Federal safe drinking water act" means Public Law 95-190, 42 U.S.C. §300f et seq.

(bb)  "Final closure" means the closure of all hazardous waste management units at the facility pursuant to all applicable closure requirements so that hazardous waste management activities pursuant to parts 5 and 6 of these rules are no longer conducted at the facility, unless the activities are subject to R 299.9306.

(cc)  "Flood" means a flood that has a 1% chance of being equalled or exceeded in any given year.

(dd)  "Floodplain" means any land area that is subject to a 1% or greater chance of flooding in any given year from any source.

(ee)  "Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

(ff)  "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.

(gg)  "Free liquids" means liquids that readily separate from the solid portion of a waste at ambient temperature and pressure.

(hh)  "Fugitive emissions" means air contaminant emissions that emanate from non-point emission sources or sources other than stacks, ducts, or vents.

(ii)  "Functionally equivalent element" means an element which performs the same function or measurement and which meets or exceeds the performance specifications of another element.