Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,924
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(11) whether subjecting the waste to additional regulation
will provide additional protection for human health and the environ-
ment; and
(12) other relevant factors.
(j) Closure cost estimates.
(1) Except as otherwise approved by the executive director,
an owner or operator of a recycling facility that stores combustible non-
hazardous materials outdoors, or that poses a significant risk to public
health and safety as determined by the executive director, shall provide
a written cost estimate, in current dollars, showing the cost of hiring a
third party to close the facility by disposition of all processed and un-
processed materials in accordance with all applicable regulations. The
closure cost estimate for financial assurance must be submitted with
any new notification in accordance with 335.6 within 60 days of the
effective date of this rule for existing facilities or as otherwise requested
by the executive director.
(2) The estimate must:
(A) equal the costs of closure of the facility, including
disposition of the maximum inventories of all processed and unpro-
cessed combustible materials stored outdoors on site during the life of
the facility, in accordance with all applicable regulations;
(B) be based on the costs of hiring a third party that is
not affiliated (as defined in 328.2 of this title (relating to Definitions))
with the owner or operator; and
(C) be based on a per cubic yard and/or short ton mea-
sure for collection and disposition costs.
(k) Financial assurance. An owner or operator of a recycling
facility that stores nonhazardous combustible recyclable materials out-
doors, or that poses a significant risk to public health and safety as
determined by the executive director, shall establish and maintain fi-
nancial assurance for closure of the facility in accordance with Chapter
37, Subchapter J of this title (relating to Financial Assurance for Recy-
cling Facilities).
(1) Closure requirements.
(1) Closure must include collecting processed and unpro-
cessed materials, and transporting the materials to an authorized facility
for disposition unless otherwise approved or directed in writing by the
executive director.
(2) Closure of the facility must be completed within 180
days following the most recent acceptance of processed or unprocessed
materials unless otherwise approved or directed in writing by the ex-
ecutive director.
(m) Used oil that is recycled and is also a hazardous waste
solely because it exhibits a hazardous characteristic is not subject to
the requirements of Subchapters A - I or O of this chapter, but is reg-
ulated under Chapter 324 of this title (relating to Used Oil Standards).
Used oil that is recycled includes any used oil which is reused, follow-
ing its original use, for any purpose (including the purpose for which
the oil was originally used). Such term includes, but is not limited to,
oil which is re-refined, reclaimed, burned for energy recovery, or re-
processed.
(n) Owners or operators of facilities subject to hazardous
waste permitting requirements with hazardous waste management
units that recycle hazardous wastes are subject to the requirements of
40 CFR Part 264 or Part 265, Subparts AA and BB, as adopted by
reference under 335.152(a)(17) and (18) and 335.112(a)(19) and
(20) of this title (relating to Standards).(o) Hazardous waste that is exported to or imported from des-
ignated member countries of the Organization for Economic Cooper-
ation and Development (OECD), as defined in 40 CFR 262.58(a)(1),
for purpose of recovery, and any person who exports or imports such
hazardous waste, is subject to the requirements of 40 CFR Part 262,
Subpart H (both federal regulation references as amended and adopted
through April 12, 1996 at 61 FedReg 16290), if the hazardous waste is
subject to the federal manifesting requirements of 40 CFR Part 262, or
subject to the universal waste management standards of 40 CFR Part
273, or subject to Subchapter H, Division 5 of this chapter (relating to
Universal Waste Rule).
(p) Other portions of this chapter that relate to solid wastes
that are recycled include 335.1 of this title (relating to Definitions),
under the definition of "Solid waste," 335.6 of this title, 335.17 of
this title (relating to Special Definitions for Recyclable Materials and
Nonhazardous Recyclable Materials), 335.18 of this title (relating to
Variances from Classification as a Solid Waste), 335.19 of this title
(relating to Standards and Criteria for Variances from Classification as
a Solid Waste), and Subchapter H of this chapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 21,
2012.
TRD-201205012
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 239-0779
SUBCHAPTER C. STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS WASTE
30 TAC 335.61, 335.62, 335.69, 335.76, 335.78, 335.79
Statutory Authority
The amendments and new section are proposed under Texas
Water Code (TWC), 5.103 (relating to Rules) and TWC, 5.105
(relating to General Policy) which provide the commission with
the authority to adopt any rules necessary to carry out its powers
and duties under the provisions of the TWC or other laws of
this state; and under Texas Health and Safety Code (THSC),
361.017 (relating to Commission's Jurisdiction: Industrial Solid
Waste and Hazardous Municipal Waste); THSC, 361.024, (re-
lating to Rules and Standards); and THSC, 361.036 (relating
to Records and Manifests Required: Class I Industrial Solid
Waste or Hazardous Waste) which authorize the commission
to regulate industrial solid waste and hazardous waste and to
adopt rules consistent with the general intent and purposes of
the THSC.
The proposed amendments and new section implement THSC,
Chapter 361.
335.61. Purpose, Scope and Applicability.
(a) Except as provided in subsection (b) of this section, this
subchapter establishes standards for generators of hazardous waste.
These standards are in addition to any applicable provisions contained37 TexReg 7924 October 5, 2012 Texas Register
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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/m1/110/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.