Existing hazardous waste management (HWM) facility or existing facility means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(1) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(i) A continuous on-site, physical construction program has begun; or
(ii) The owner or operator has entered into contractual obligations - which cannot be cancelled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time.
40 CFR § 260.10
When used in parts 260 through 273 of this chapter, the following terms have the meanings given below: