[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR671.3]



[Page 222-223]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 671_WASTE REGULATION--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 671.3  Definitions.



    (a) Definitions. In this part:

    Act means the Antarctic Conservation Act of 1978, Public Law 95-541, 

92 Stat. 2048 (16 U.S.C. 2401 et seq.)

    Antarctic hazardous waste means any waste consisting of or 

containing one or more designated pollutants.

    Antarctica means the area south of 60 degrees south latitude.

    Banned substance means any polychlorinated biphenyls (PCBs), non-

sterile soil, polystyrene beads, plastic chips or similar loose 

polystyrene packing material, pesticides (other than those required for 

scientific, medical or hygiene purposes) or other substance designated 

as such under subpart E of this part.

    Designated pollutant means any substance designated as such by the 

Director pursuant to subpart E of this part; any pesticide, radioactive 

substance, or substance consisting of or containing any chemical listed 

by source, generic or chemical name at 40 CFR 61.01, Table 116.4A of 40 

CFR 116.4; subpart D of 40 CFR part 261, 40 CFR 302.4, part 355, and 

part 372; and any substance which exhibits a hazardous waste 

characteristic as defined in subparts B and C of 40 CFR part 261; but 

shall not include any banned substance.



[[Page 223]]



    Director means the Director of the National Science Foundation, or 

an officer or employee of the Foundation designated by the Director.

    Incinerate or Incineration means the processing of material by 

mechanisms that (1) involve the control of combustion air and/or fuel so 

as to maintain adequate temperature for efficient combustion; (2) 

contain the combustion reaction in an enclosed device with sufficient 

residence time and mixing for complete processing; and (3) control 

emission of gaseous or particulate combustion products.

    Master permit means a permit issued to a federal agency, or its 

agents or contractors, or any other entity, covering activities 

conducted in connection with USAP or other group activities in 

Antarctica.

    NSF or Foundation means the National Science Foundation.

    Open burning means combustion of any material by means other than 

incineration.

    Permit means a permit issued pursuant to subpart C of this part.

    Private permit means any permit other than a master permit.

    Protocol means the Protocol on Environmental Protection to the 

Antarctic Treaty, signed by the United States in Madrid on October 4, 

1991, and any and all Annexes thereto, as amended or supplemented from 

time to time.

    Release means any spilling, leaking, pumping, pouring, emitting, 

emptying, discharging, injecting, leaching, dumping, burying or 

disposing of a substance, whether intentionally or accidentally.

    Station means McMurdo Station, Palmer Station, Amundsen-Scott South 

Pole Station and any other permanent USAP facility in Antarctica 

designed to accommodate at least 50 persons at any one time.

    Substance means any gas, liquid, or solid, or mixture thereof, 

including biological material.

    Treaty means the Antarctic Treaty signed in Washington, D.C., on 

December 1, 1959.

    United States means the several States of the Union, the District of 

Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin 

Islands, Guam and the Trust Territory of the Pacific Islands, including 

the Federated States of Micronesia and the Commonwealth of the Northern 

Mariana Islands.

    United States Antarctic Program or USAP means the United States 

national program in Antarctica.

    U.S. citizen means any individual who is a citizen or national of 

the United States; any corporation, partnership, trust, association, or 

other legal entity existing or organized under the laws of any of the 

United States; and any department agency or other instrumentality of the 

Federal government or of any State, and any officer, employee, or agent 

of such instrumentality.

    Use means to use, generate or create a substance, or to import a 

substance into Antarctica, but does not include the shipboard use of a 

substance, provided that substance is not released or removed from the 

vessel.

    Waste means any substance that will no longer be used for any useful 

purpose, but does not include substances to be recycled in Antarctica, 

or substances to be reused in a manner different than their initial use, 

provided such substances are stored in a manner that will prevent their 

dispersal into the environment, and further provided that they are 

recycled, reused or disposed of in accordance with the provisions of 

this Part within three years. Recycling includes, but is not limited to, 

the reuse, further use, reclamation or extraction of a waste through a 

process or activity that is separate from the process or activity that 

produced the waste.

    (b) Pollutants, generally. All banned substances, designated 

pollutants and waste shall be considered pollutants for purposes of the 

Antarctic Conservation Act.