Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,926
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[ .335.431c)] of this title (relating to Purpose, Scope, and Applicabil-
ity); and
(C) Section 335.113 [335-113] of this title (relating to
Reporting of Emergency Situations by Emergency Coordinator).
(b) A generator of 1,000 kilograms or greater of hazardous
waste in a calendar month, or greater than 1 kilogram of acute haz-
ardous waste listed in 40 CFR 261.31 or 261.33(e) in a calendar
month, who accumulates hazardous waste or acute hazardous waste
for more than 90 days is an operator of a storage facility and is subject
to the requirements of 40 CFR Parts 264, 265, and 267 and the permit
requirements of 40 CFR Part 270 unless he has been granted an ex-
tension to the 90-day period. [A generator who accumulates azardous
waste for more than 90 days is an operator of a hazardous waste storage
facility and is subject to the requirements of this chapter and Chapter
305 of this title (relating to G.nso.liated Permits) applicable to such
owners and operators unless he has been granted an extension to the
90-day period] Such extension may be granted by the executive di-
rector if hazardous wastes must remain on-site for longer than 90 days
due to unforeseen, temporary, and uncontrollable circumstances. An
extension of up to 30 days may be granted at the discretion of the ex-
ecutive director on a case-by-case basis.
(c) Persons exempted under this provision, who generate haz-
ardous waste, are still subject to the requirements in Subchapter A of
this chapter (relating to Industrial Solid Waste and Municipal Haz-
ardous Waste in General) applicable to generators of Class 1 waste.
(d) A generator, other than a conditionally exempt small quan-
tity generator regulated under 335.78 of this title (relating to Special
Requirements for Hazardous Waste Generated by Conditionally Ex-
empt Small Quantity Generators), may accumulate as much as 55 gal-
lons of hazardous waste or one quart of acutely hazardous waste listed
in 40 CFR 261.31 or 261.33(e) in containers at or near any point of
generation where wastes initially accumulate, which is under the con-
trol of the operator of the process generating the waste, without a per-
mit or interim status and without complying with subsection (a) or (f)
of this section provided he:
(1) complies with 40 CFR 265.171, 265.172, and
265.173(a), as adopted by reference under 335.112(a) of this title;
and
(2) marks his containers either with the words "Hazardous
Waste" or with other words that identify the contents of the containers.
(e) A generator who accumulates either hazardous waste or
acutely hazardous waste listed in 40 CFR 261.31 or 261.33(e) in ex-
cess of the amounts listed in subsection (d) of this section at or near
any point of generation must, with respect to that amount of excess
waste, comply within three days with subsection (a) of this section or
other applicable provisions of this chapter. During the three-day pe-
riod, the generator must continue to comply with subsection (d) of this
section. The generator must mark the container holding the excess ac-
cumulation of hazardous waste with the date the excess amount began
accumulating.
(f) A generator who generates greater than 100 kilograms but
less than 1,000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste on-site for 180 days or less without a per-
mit or without having interim status provided that:
(1) the quantity of waste accumulated on-site never ex-
ceeds 6,000 kilograms;
(2) the generator complies with the requirements of 40
CFR Part 265, Subpart I, as adopted by reference under 335.112(a)
of this title, except 40 CFR 265.176 and 265.178;(3) the generator complies with the requirements of 40
CFR 265.201, as adopted by reference under 335.112(a) of this title;
(4) the generator complies with the requirements of:
(A) subsection (a)(2) and (3) of this section;
(B) 40 CFR Part 265, Subpart C, as adopted by refer-
ence under 335.112(a) of this title; [and]
(C) all applicable requirements under 40 CFR Part 267,
as adopted by reference under 335.601 and 335.602 of this title (re-
lating to Purpose, Scope, and Applicability; and Standards); and
(D) [(C-}] all applicable requirements under 40 CFR
Part 268 [4Q GFR 268.ta ], as adopted by reference under
335.43 1 [335431(ct] of this title; and
(5) the generator complies with the following require-
ments.
(A) At all times there must be at least one employee ei-
ther on the premises or on call (i.e., available to respond to an emer-
gency by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures spec-
ified in subparagraph (D) of this paragraph. This employee is the emer-
gency coordinator.
(B) The generator must post the following information
next to telephones that may be used to summon emergency assistance:
(i) the name and telephone number of the emergency
coordinator;
(ii) location of fire extinguishers and spill control
material, and, if present, fire alarm; and
(iii) the telephone number of the fire department, un-
less the facility has a direct alarm.
(C) The generator must ensure that all employees are
thoroughly familiar with proper waste handling and emergency pro-
cedures, relevant to their responsibilities during normal facility opera-
tions and emergencies;
(D) The emergency coordinator or his designee must re-
spond to any emergencies that arise. The applicable responses are as
follows.
(i) In the event of a fire, call the fire department or
attempt to extinguish it using a fire extinguisher.
(ii) In the event of a spill, contain the flow of haz-
ardous waste to the extent possible, and as soon as is practicable, clean
up the hazardous waste and any contaminated materials or soil.
(iii) In the event of a fire, explosion, or other release
which could threaten human health outside the facility or when the gen-
erator has knowledge that a spill has reached surface water, the gener-
ator must immediately notify the National Response Center (using its
24-hour toll free number (800) 424-8802) and the commission accord-
ing to the procedures set out in the State of Texas oil and hazardous
substances spill contingency plan. The reports must include the fol-
lowing information:
(I) the name, address, and United States Envi-
ronmental Protection Agency (EPA) identification number of the gen-
erator;
(II) date, time, and type of incident (e.g., spill or
fire);
(III) quantity and type of hazardous waste in-
volved in the incident;37 TexReg 7926 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/m1/112/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.