Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,923
7533-7814 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
long as the fuel meets the used oil fuel specification under 40 CFR
279.11;
(C) Oil reclaimed from oil-bearing hazardous wastes
from petroleum refining, production, and transportation practices,
which reclaimed oil is burned as fuel without reintroduction to a
refining process, so long as the reclaimed oil meets the used oil fuel
specification under 40 CFR 279.11.
(d) Generators and transporters of recyclable materials are
subject to the applicable requirements of Subchapter C of this chapter
[(relating to Standards Applicable to Generators of Hazardous Waste)]
and Subchapter D of this chapter [(relating to Standards Applicable to
Tr nsporers of Hazardous Waste)], and the notification requirements
of 335.6 of this title (relating to Notification Requirements), except
as provided in subsections (a) - (c) of this section.
(e) Owners or operators of facilities that store recyclable ma-
terials before they are recycled are regulated under all applicable pro-
visions of this chapter, and Chapter 305 of this title; Chapter 1 of this
title; Chapter 3 of this title; Chapter 10 of this title; Chapter 17 of this
title; Chapter 20 of this title; Chapter 37 of this title; Chapter 39 of
this title; Chapter 40 of this title; Chapter 50 of this title; Chapter 55
of this title; Chapter 70 of this title; Chapter 80 of this title; and the
notification requirements under 335.6 of this title, except as provided
in subsections (a) - (c) of this section. The recycling process itself is
exempt from regulation.
(f) Owners or operators of facilities that recycle recyclable ma-
terials without storing them before they are recycled are subject to the
following requirements, except as provided in subsections (a) - (c) of
this section:
(1) notification requirements under 335.6 of this title; and
(2) Section 335.12 [335-12] of this title (relating to Ship-
ping Requirements Applicable to Owners or Operators of Treatment,
Storage, [Processing,] or Disposal Facilities).
(g) Recyclable materials (excluding those listed in subsections
(b)(4), and (c)(1) - (5) [(t)(t ) and (2) - (5)] of this section) remain
subject to the requirements of 335.4, 335.6, and 335.9 - 335.15 of
this title (relating to General Prohibitions; Notification Requirements;
Recordkeeping and Annual Reporting Procedures Applicable to Gen-
erators; Shipping and Reporting Procedures Applicable to Generators
of Hazardous Waste or Class 1 Waste and Primary Exporters of Haz-
ardous Waste; Shipping Requirements for Transporters of Hazardous
Waste or Class 1 Waste; Shipping Requirements Applicable to Owners
or Operators of Treatment, Storage, [Processing,] or Disposal Facili-
ties; Recordkeeping and Reporting Procedures Applicable to Genera-
tors Shipping Hazardous Waste or Class 1 Waste; Recordkeeping Re-
quirements Applicable to Transporters of Hazardous Waste or Class 1
Waste; and Recordkeeping and Reporting Requirements Applicable to
Owners or Operators of Treatment, Storage, [Processing,] or Disposal
Facilities, respectively), as applicable. Recyclable materials listed in
subsections (b)(4) and (c)(2) of this section remain subject to the re-
quirements of subsection (h) of this section.
(h) Industrial solid wastes that are nonhazardous recyclable
materials and recyclable materials listed in subsections (b)(4) and (c)(2)
of this section remain subject to the requirements of 335.4 of this ti-
tle. In addition, industrial solid wastes that are nonhazardous recy-
clable materials and recyclable materials listed in subsection (c)(2) of
this section remain subject to the requirements of 335.6 of this title.
Industrial solid wastes that are nonhazardous recyclable materials and
recyclable materials listed in subsections (b)(4) and (c)(2) of this sec-
tion may also be subject to the requirements of 335.10 - 335.15 ofthis title, as applicable, if the executive director determines that such re-
quirements are necessary to protect human health and the environment.
In making the determination, the executive director shall consider the
following criteria:
(1) the waste's toxicity, corrosivity, flammability, ability to
sensitize or irritate, or propensity for decomposition and creation of
sudden pressure;
(2) the potential for the objectionable constituent to mi-
grate from the waste into the environment if improperly managed;
(3) the persistence of any objectionable constituent or any
objectionable degradation product in the waste;
(4) the potential for the objectionable constituent to de-
grade into nonharmful constituents;
(5) the degree to which the objectionable constituent bioac-
cumulates in ecosystems;
(6) the plausible types of improper management to which
the waste could be subjected;
(7) the nature and severity of potential damage to the public
health and environment;
(8) whether subjecting the waste to additional regulation
will provide additional protection for human health and the environ-
ment; and
(9) other relevant factors.
(i) Except as provided in Texas Health and Safety Code,
361.090, facilities managing recyclable materials that are required to
obtain a permit under this section may also be permitted to manage
nonhazardous recyclable materials at the same facility if the execu-
tive director determines that such regulation is necessary to protect
human health and the environment. In making this determination, the
executive director shall consider the following criteria:
(1) whether managing nonhazardous recyclable materials
will create an additional risk of release of the hazardous recyclable
materials into the environment;
(2) whether hazardous and nonhazardous wastes that are
incompatible are stored and/or processed in the same or connected
units;
(3) whether the management of recyclable materials and
nonhazardous recyclable materials is segregated within the facility;
(4) the waste's toxicity, corrosivity, flammability, ability to
sensitize or irritate, or propensity for decomposition and creation of
sudden pressure;
(5) the potential for the objectionable constituent to mi-
grate from the waste into the environment if improperly managed;
(6) the persistence of any objectionable constituent or any
objectionable degradation product in the waste;
(7) the potential for the objectionable constituent to de-
grade into harmful constituents;
(8) the degree to which the objectionable constituent bioac-
cumulates in ecosystems;
(9) the plausible types of improper management to which
the waste could be subjected;
(10) the nature and severity of potential damage to the pub-
lic health and environment;PROPOSED RULES October 5, 2012 37 TexReg 7923
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/109/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.