Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,927
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:
(IV) extent of injuries, if any; and
(V) estimated quantity and disposition of recov-
ered materials, if any.
(g) A generator who generates greater than 100 kilograms but
less than 1,000 kilograms of hazardous waste in a calendar month and
who must transport his waste, or offer his waste for transportation,
over a distance of 200 miles or more for off-site processing, storage,
or disposal may accumulate hazardous waste on-site for 270 days or
less without a permit or without having interim status, provided that he
complies with the requirements of subsection (f) of this section.
(h) A generator who generates greater than 100 kilograms but
less than 1,000 kilograms of hazardous waste in a calendar month and
who accumulates hazardous waste in quantities exceeding 6,000 kilo-
grams or accumulates hazardous waste for more than 180 days (or for
more than 270 days if he must transport his waste, or offer his waste
for transportation, over a distance of 200 miles or more) is an operator
of a storage facility and is subject to the requirements of this chapter
(relating to Industrial Solid Waste and Municipal Hazardous Waste),
and Subchapters E and F of this chapter (relating to Interim Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities; and Permitting Standards for Owners and Opera-
tors of Hazardous Waste Treatment, Storage, or Disposal Facilities) and
the permit requirements of Chapter 305 of this title (relating to Consol-
idated Permits), unless he has been granted an extension to the 180-day
(or 270-day, if applicable) period. Such extension may be granted
by the executive director if hazardous wastes must remain on-site for
longer than 180 days (or 270 days, if applicable) due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to
30 days may be granted at the discretion of the executive director on a
case-by-case basis.
(i) A generator who generates or collects hazardous waste for
the purpose of treatability studies is not subject to this section.
(j) A generator of 1,000 kilograms or greater of hazardous
waste per calendar month who also generates wastewater treatment
sludges from electroplating operations that meet the listing description
for EPA hazardous waste number F006, may accumulate F006 waste
on-site for more than 90 days, but not more than 180 days without a
permit or without having interim status provided that:
(1) the generator has implemented pollution prevention
practices that reduce the amount of any hazardous substances, pollu-
tants, or contaminants entering the F006 waste or otherwise released
to the environment prior to its recycling;
(2) the F006 waste is legitimately recycled through metals
recovery;
(3) no more than 20,000 kilograms of F006 waste is accu-
mulated on-site at any one time; and
(4) the F006 waste is managed in accordance with the fol-
lowing:
(A) the F006 waste is placed:
(i) in containers and the generator complies with the
applicable requirements of 40 CFR Part 265, Subparts I, AA, and BB,
as adopted by reference under 335.112(a) of this title, and 40 CFR
Part 265, Subpart CC; and/or
(ii) in tanks and the generator complies with the ap-
plicable requirements of 40 CFR Part 265, Subparts J, AA, BB, as
adopted by reference under 335.112(a) of this title, and 40 CFR Part
265, Subpart CC, except 40 CFR 265.197(c) and 265.200; and/or(iii) in containment buildings and the generator
complies with 40 CFR Part 265, Subpart DD, as adopted by reference
under 335.112(a) of this title, and has placed its professional engineer
certification 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 the F006 waste remains in the unit for no more than 180 days, a
written description of the waste generation and management practices
for the facility showing that they are consistent with the 180-day limit,
and documentation that the generator is complying with the procedures;
or
(II) documentation that the unit is emptied at
least once every 180 days;
(B) the generator complies with 40 CFR 265.111 and
265.114, as adopted by reference under 335.112(a)(6) of this title;
(C) the date upon which each period of accumulation
begins is clearly marked and visible for inspection on each container;
(D) while being accumulated on-site, each container
and tank is labeled or marked clearly with the words "Hazardous
Waste"; and
(E) the generator complies with the following:
(i) the requirements for owners or operators in 40
CFR Part 265, Subparts C and D, and 40 CFR 265.16, as adopted by
reference under 335.112(a) of this title;
(ii) 40 CFR 268.7(a)(5), as adopted by reference
under 335.431(c) of this title; and
(iii) Section 335.113 [335-113] of this title.
(k) A generator of 1,000 kilograms or greater of hazardous
waste per calendar month who also generates wastewater treatment
sludges from electroplating operations that meet the listing descrip-
tion for EPA hazardous waste number F006, and who must transport
this waste, or offer this waste for transportation, over a distance of 200
miles or more for off-site metals recovery, may accumulate F006 waste
on-site for more than 90 days, but not more than 270 days without a per-
mit or without having interim status if the generator complies with the
requirements of subsection (j)(1) - (4) of this section.
(1) A generator accumulating F006 waste in accordance with
subsection (j) or (k) of this section who accumulates F006 waste on-site
for more than 180 days (or for more than 270 days if the generator must
transport this waste, or offer this waste for transportation, over a dis-
tance of 200 miles or more), or who accumulates more than 20,000
kilograms of F006 waste on-site is an operator of a hazardous waste
storage facility and is subject to the requirements of this chapter and
Chapter 305 of this title applicable to such owners and operators, un-
less the generator has been granted an extension to the 180-day (or
270-day if applicable) period or an exception to the 20,000 kilogram
accumulation limit. Such extensions and exceptions may be granted by
the executive director ifF006 waste must remain on-site for longer than
180 days (or 270 days if applicable) or if more than 20,000 kilograms
of F006 waste must remain on-site due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days or an ex-
ception to the accumulation limit may be granted at the discretion of
the executive director on a case-by-case basis.
(m) A generator who sends a shipment of hazardous waste to
a designated facility with the understanding that the designated facil-
ity can accept and manage the waste and later receives that shipmentPROPOSED RULES October 5, 2012 37 TexReg 7927
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/m1/113/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.