Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,915
7533-7814 p. ; 28 cm.View a full description of this periodical.
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status is limited to those activities that qualify it for interim status until
the facility obtains the hazardous waste permit. Owners or operators of
municipal hazardous waste facilities that satisfied this requirement by
filing an application on or before November 19, 1980, with the EPA are
not required to submit a separate application with the DSHS. Applica-
tions filed under this section shall meet the requirements of 335.44 of
this title (relating to Application for Existing On-Site Facilities). Own-
ers and operators of solid waste management facilities that are in exis-
tence on the effective date of statutory or regulatory amendments un-
der the Texas Solid Waste Disposal Act (Vernon's Supplement 1991),
Texas Civil Statutes, Article 4477-7, or the Resource Conservation and
Recovery Act (RCRA), 42 United States Code, 6901 et seq., that ren-
der the facilities subject to the requirement to obtain a hazardous waste
permit, may continue to operate if Part A of their permit application is
submitted no later than six months after the date of publication of reg-
ulations by the EPA under RCRA, which first require them to comply
with the standards in Subchapter E of this chapter (relating to Interim
Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities), or Subchapter H of this chapter (relat-
ing to Standards for the Management of Specific Wastes and Specific
Types of Facilities); or 30 days after the date they first become subject
to the standards in these subchapters, whichever first occur; or for gen-
erators who generate greater than 100 kilograms but less than 1,000
kilograms of hazardous waste in a calendar month and who process,
store, or dispose of these wastes on-site, a Part A permit application
shall be submitted to the EPA by March 24, 1987, as required by 40
Code of Federal Regulations (CFR) 270.10(e)(1)(iii). This subsec-
tion shall not apply to a facility if it has been previously denied a haz-
ardous waste permit or if authority to operate the facility has been pre-
viously terminated. Applications filed under this section shall meet the
requirements of 335.44 of this title. For purposes of this subsection,
a solid waste management facility is in existence if the owner or oper-
ator has obtained all necessary federal, state, and local preconstruction
approvals or permits, as required by applicable federal, state, and local
hazardous waste control statutes, regulations, or ordinances; and either:
(1) a continuous physical, on-site construction program has
begun; or
(2) the owner or operator has entered into contractual obli-
gations, which cannot be cancelled or modified without substantial loss,
for construction of the facility to be completed within a reasonable time.
(d) No permit shall be required for:
(1) the processing or disposal of nonhazardous industrial
solid waste, if the waste is processed or disposed on property owned
or otherwise effectively controlled by the owner or operator of the in-
dustrial plant, manufacturing plant, mining operation, or agricultural
operation from which the waste results or is produced; the property is
within 50 miles of the plant or operation; and the waste is not com-
mingled with waste from any other source or sources (An industrial
plant, manufacturing plant, mining operation, or agricultural operation
owned by one person shall not be considered an "other source" with
respect to other plants and operations owned by the same person.);
(2) the storage of nonhazardous industrial solid waste, if
the waste is stored on property owned or otherwise effectively con-
trolled by the owner or operator of the industrial plant, manufacturing
plant, mining operation, or agricultural operation from which the waste
results or is produced, and the waste is not commingled with waste from
any other source or sources (An industrial plant, manufacturing plant,
mining operation, or agricultural operation owned by one person shall
not be considered an "other source" with respect to other plants and
operations owned by the same person.);(3) the storage or processing of nonhazardous industrial
solid waste, if the waste is processed in an elementary neutralization
unit;
(4) the collection, storage, or processing of nonhazardous
industrial solid waste, if the waste is collected, stored, or processed as
part of a treatability study;
(5) the storage of nonhazardous industrial solid waste, if
the waste is stored in a transfer facility in containers for a period of
ten days or less, unless the executive director determines that a permit
should be required in order to protect human health and the environ-
ment;
(6) the storage or processing of nonhazardous industrial
solid waste, if the waste is processed in a publicly owned treatment
works with discharges subject to regulation under the Clean Waste Act,
402, as amended through October 4, 1996, if the owner or operator has
a National Pollutant Discharge Elimination System permit and com-
plies with the conditions of the permit;
(7) the storage or processing of nonhazardous industrial
solid waste, if the waste is stored or processed in a wastewater unit and
is discharged in accordance with a Texas Pollutant Discharge Elimina-
tion System authorization issued under Texas Water Code, Chapter 26;
(8) the storage or processing of nonhazardous industrial
solid waste, if the waste is stored or processed in a wastewater treat-
ment unit that discharges to a publicly owned treatment works and the
units are located at a noncommercial solid waste management facility;
or
(9) the storage or processing of nonhazardous industrial
solid waste, if the waste is processed in a wastewater treatment unit
that discharges to a publicly owned treatment works liquid wastes that
are incidental to the handling, processing, storage, or disposal of solid
wastes at municipal solid waste facilities or commercial industrial solid
waste landfill facilities.
(e) No permit shall be required for the on-site storage of haz-
ardous waste by a person who is a conditionally exempt small quantity
generator as described in 335.78 of this title (relating to Special Re-
quirements for Hazardous Waste Generated by Conditionally Exempt
Small Quantity Generators).
(f) No permit under this chapter shall be required for the stor-
age, processing, or disposal of hazardous waste by a person described
in 335.41(b) - (d) of this title (relating to Purpose, Scope, and Appli-
cability) or for the storage of hazardous waste under the provisions of
40 CFR 261.4(c) and (d).
(g) No permit under this chapter shall be required for the stor-
age, processing, or disposal of hazardous industrial waste or municipal
hazardous waste that is generated or collected for the purpose of con-
ducting treatability studies. Such samples are subject to the require-
ments in 40 CFR 261.4(e) and (f), as amended and adopted in the
CFR through April 4, 2006 [February 1& 1994], as published in the
Federal Register (71 FR 16862) [(-59 FR 8362)], which are adopted by
reference.
(h) A person may obtain authorization from the executive di-
rector for the storage, processing, or disposal of nonhazardous indus-
trial solid waste in an interim status landfill that has qualified for interim
status in accordance with 40 CFR Part 270, Subpart G, and that has
complied with the standards in Subchapter E of this chapter, by com-
plying with the notification and information requirements in 335.6 of
this title (relating to Notification Requirements). The executive direc-
tor may approve or deny the request for authorization or grant the re-
quest for authorization subject to conditions, which may include, with-PROPOSED RULES October 5, 2012 37 TexReg 7915
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/101/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.