R 299.9104 Definitions; G to I.

Rule 104. As used in these rules: (a) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in part 2 of these rules or whose act first causes a hazardous waste to become subject to regulation. (b) "Geologist" means a person who, by reason of the person’s knowledge of geology, mathematics, and the physical and life sciences, acquired by education and experience, is equipped to practice geology. (c) "Groundwater" means water below the land surface in a zone of saturation. (d) "Hazardous secondary material" means a secondary material such as a spent material, byproduct, or sludge that, when discarded, is identified as hazardous waste under part 2 of these rules. (e) "Hazardous secondary material generator" means a person whose act or process produces hazardous secondary materials at the generating facility. For the purpose of this definition, a generating facility includes all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. (f) "Hazardous waste" means a hazardous waste, as that term is defined in R 299.9203. (g) "Hazardous waste electronic nicotine delivery system" or "hazardous waste ENDS" means an electronic nicotine delivery system that is a waste and exhibits 1 or more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214. (h) "Hazardous waste fuel" means hazardous waste burned for energy recovery in any boiler or industrial furnace that is not regulated as an incinerator or fuel produced from hazardous waste for this purpose by processing, blending, or other treatment. (i) "Hazardous waste management unit" means a contiguous area of land on or in which hazardous waste is placed or is the largest area in which there is a significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include all the following: (i) A surface impoundment. (ii) A waste pile. (iii) A land treatment area. (iv) A landfill cell. (v) An incinerator. (vi) A tank and its associated piping and underlying containment system. (vii) A container storage area. A container alone does not constitute a unit. The unit includes containers and the land or pad on which they are placed. (viii) A miscellaneous unit. (j) "Hazardous waste number" means the code number that is used to identify a particular type of hazardous waste. (k) "Hazardous waste pharmaceutical" means a pharmaceutical that is a waste and exhibits 1 or more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214. A pharmaceutical is not a waste and therefore not a hazardous waste pharmaceutical if it is legitimately used or reused or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a waste and therefore not a hazardous waste pharmaceutical if it has a reasonable expectation of being legitimately used or reused or reclaimed. (l) "Healthcare facility" means any person that is lawfully authorized to do either of the following: (i) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body. (ii) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals, including, but not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long- term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers. (m) "Holocene" means the most recent epoch of the quaternary period extending from the end of the Pleistocene to the present. (n) "Home scrap metal" means scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings. (o) "Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals through the maintenance of personal vehicles. (p) "Household do-it-yourselfer used oil generator" means an individual who generates household do-it-yourselfer used oil. (q) "Household waste electronic nicotine delivery system" or "Household waste ENDS" means an electronic nicotine delivery system that is a waste but is excluded from being a hazardous waste under R 299.9204(2)(a). (r) "Household waste pharmaceutical" means a pharmaceutical that is a waste but is excluded from being a hazardous waste under R 299.9204(2)(a). (s) "Import" means the act of bringing hazardous waste into the United States from a foreign country. (t) "Inactive portion" means that portion of a facility that is not operated after November 19, 1980. (u) "Inactive range” means a military range that is not currently being used, but is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities. (v) "Incinerator" means an enclosed device that satisfies either of the following criteria: (i) Uses controlled flame combustion, does not meet the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, and is not listed as an industrial furnace. (ii) Meets the definition of an infrared incinerator or plasma arc incinerator. (w) "Incompatible waste" means a hazardous waste that is unsuitable for either of the following: (i) Placement in a particular device or facility because it may cause the corrosion or decay of containment materials, for example, container inner liners or tank walls. (ii) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure; fire or explosion; a violent reaction; toxic dusts, mists, fumes, or gases; or flammable fumes or gases. Examples of incompatible wastes are described in 40 CFR part 264, appendix V, and part 265, appendix V. (x) "Independent requirement" means a requirement in part 3 of the rules that states an event, action, or standard that must occur or be met, and that applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from the operating license, interim status, and operating standards under R 299.9304 to R 299.9307, R 299.9315, or R 299.9316. (y) "Individual generation site" means the contiguous site at or on which 1 or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have 1 or more sources of hazardous waste, but is considered a single or individual generation site if the site or property is contiguous. (z) "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish the recovery of materials or energy: (i) Cement kilns. (ii) Lime kilns. (iii) Aggregate kilns. (iv) Phosphate kilns. (v) Coke ovens. (vi) Blast furnaces. (vii) Smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces. (viii) Titanium dioxide chloride process oxidation reactors. (ix) Methane reforming furnaces. (x) Pulping liquor recovery furnaces. (xi) Combustion devices that are used in the recovery of sulfur values from spent sulfuric acid. (xii) Halogen acid furnaces 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 not less than 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated. (xiii) Other devices that the administrator may, after notice and comment, add to this subdivision based on 1 or more of the following factors: (A) The design and use of the device primarily to accomplish the recovery of material products. (B) The use of the device to burn or reduce raw materials to make a material product. (C) 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. (D) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product. (E) The use of the device in common industrial practice to produce a material product. (F) Other factors, as appropriate. (aa) "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 that is not listed as an industrial furnace. (bb) "Inground tank" means a device that satisfies the definition of tank specified in R 299.9108(a) and that has a portion of its wall situated, to any degree, within the ground, that prevents visual inspection of the external surface area of the device that is in the ground. (cc) "Injection well" means a well into which fluids are injected. (dd) "Inner liner" means a continuous layer of material that is placed inside a tank or container and that protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste. (ee) "In operation" means a facility is treating, storing, or disposing of hazardous waste. (ff) "Installation inspector" means a person, by reason of the person’s 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. (gg) "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 the material. (hh) "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.