Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,925
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in Subchapter A of this chapter (relating to Industrial Solid Waste and
Municipal Hazardous Waste [Management] in General).
(b) The provisions of this subchapter with which a generator
who stores, processes or disposes of hazardous waste on-site must com-
ply are 335.62 of this title (relating to Hazardous Waste Determination
and Waste Classification), 335.63 of this title (relating to EPA Iden-
tification Numbers), 335.70 of this title (relating to Recordkeeping),
335.73 of this title (relating to Additional Reporting), and, if applica-
ble, 335.77 of this title (relating to Farmers), and 335.69 of this title
(relating to Accumulation Time).
(c) Any person who imports hazardous waste into the state
from a foreign country shall comply with standards applicable to gen-
erators.
(d) An owner or operator who initiates a shipment of haz-
ardous waste from a processing, storage or disposal facility must
comply with the generator standards contained in 335.10 of this
title (relating to Shipping and Reporting Procedures Applicable
to Generators of Hazardous Waste or Class 1 Waste and Primary
Exporters of Hazardous Waste) and 335.13 of this title (relating to
Recordkeeping and Reporting Procedures Applicable to Generators
Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of
Hazardous Waste), and this subchapter. The provisions of 335.69 of
this title [(relating to Accumulation Time)] are applicable to on-site
accumulation of hazardous wastes by generators. Therefore, the
provisions of 335.69 of this title only apply to owners or operators
who are shipping hazardous waste which they generate at that facility.
(e) A farmer who generates waste pesticides which are haz-
ardous waste and who complies with 335.77 of this title is not required
to comply with this chapter with respect to those pesticides.
(f) A generator who treats, stores, or disposes of hazardous
waste on-site must comply with the applicable standards and permit
requirements set forth in Subchapters E, F, H, and O of this chapter
(relating to Industrial Solid Waste and Municipal Hazardous Waste)
and with Chapter 305 of this title (relating to Consolidated Permits).
(g) Section 335.78(c) and (d) of this title (relating to Special
Requirements for Hazardous Waste Generated By Conditionally Ex-
empt Small Quantity Generators) must be used to determine the appli-
cability of provisions of this subchapter that are dependent on calcula-
tions of the quantity of hazardous waste generated per month.
(h) The requirements of this subchapter do not apply to per-
sons responding to an explosives or munitions emergency in accor-
dance with 335.41(d)(2) of this title (relating to Purpose, Scope and
Applicability).
(i) For purposes of this subsection, the terms "laboratory" and
"eligible academic entity" shall have the meaning as defined in 40 Code
of Federal Regulations 262.200. The laboratories owned by an eli-
gible academic entity that chooses to be subject to the requirements
of 335.79 of this title (relating to Alternative Requirements for Haz-
ardous Waste Determination and Accumulation of Unwanted Material
for Laboratories Owned by Eligible Academic Entities) are not subject
to:
(1) for large and small quantity generators, the re-
quirements of 335.504 of this title (relating to Hazardous Waste
Determination) and 335.69 of this title, except as provided in 335.79
of this title; and
(2) for conditionally exempt small quantity generators, the
conditions of 335.78 of this title, except as provided in 335.79 of this
title.
335.62. Hazardous Waste Determination and Waste Classification.A person who generates a solid waste must determine if that waste
is hazardous pursuant to 335.504 of this title (relating to Hazardous
Waste Determination) and must classify any nonhazardous waste un-
der the provisions of Subchapter R of this chapter (relating to Waste
Classification). If the waste is determined to be hazardous, the gener-
ator must refer to this chapter and to 40 Code of Federal Regulations
Parts 261, 264, 265, 266, 267, 268, and 273 for any possible applica-
ble exclusions or restrictions pertaining to management of the specific
waste.
335.69. Accumulation Time.
(a) Generators that comply with the requirements of paragraph
(1) of this subsection are exempt from all requirements adopted by ref-
erence in 335.112(a)(6) and (7) of this title (relating to Standards),
except 40 Code of Federal Regulations (CFR) 265.111 and 265.114.
Except as provided in subsections (f) - (h) and (n) of this section, a gen-
erator may accumulate hazardous waste on-site for 90 days without a
permit or interim status provided that:
(1) the waste is placed:
(A) in containers and the generator complies with the
applicable requirements of 40 CFR Part 265, Subparts I, AA, [and] BB,
and CC, as adopted by reference under 335.112(a) of this title; and/or
(B) in tanks and the generator complies with the appli-
cable requirements of 40 CFR Part 265, Subparts J, AA, BB, and CC,
except 40 CFR 265.197(c) and 265.200, as adopted by reference un-
der 335.112(a) of this title; and/or
(C) on drip pads and the generator complies with
335.112(a)(18) of this title and maintains the following records at the
facility: a description of procedures that will be followed to ensure
that all wastes are removed from the drip pad and associated collection
system at least once every 90 days; and documentation of each waste
removal, including the quantity of waste removed from the drip pad
and the sump or collection system and the date and time of removal;
and/or
(D) in containment buildings and the generator com-
plies with 40 CFR Part 265, Subpart DD, as adopted by reference under
335.112(a) of this title and has placed its professional engineer certifi-
cation that the building complies with the design standards specified in
40 CFR 265.1101 in the facility's operating record prior to operation
of the unit. The owner or operator shall maintain the following records
at the facility:
(i) a written description of procedures to ensure that
each waste volume remains in the unit for no more than 90 days, a writ-
ten description of the waste generation and management practices for
the facility showing that they are consistent with respecting the 90-day
limit, and documentation that the procedures are complied with; or
(ii) documentation that the unit is emptied at least
once every 90 days;
(2) the date upon which each period of accumulation be-
gins is clearly marked and visible for inspection on each container; and
(3) while being accumulated on-site, each container and
tank is labeled or marked clearly with the words, "Hazardous Waste"
and
(4) the generator complies with the following:
(A) the requirements for owners or operators in 40 CFR
Part 265, Subparts C and D and with 40 CFR 265.16, as adopted by
reference in 335.112(a) of this title;
(B) all applicable requirements under 40 CFR Part
268 [40 GFR (2E.7t, 5-], as adopted by reference under 335.431PROPOSED RULES October 5, 2012 37 TexReg 7925
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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/m1/111/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.