Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,929
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(g) Except to the extent that they are clearly inconsistent with
Texas Health and Safety Code, Chapter 361, or the rules of the com-
mission, primary exporters must comply with the regulations contained
in 40 CFR 262.57, which are in effect as of November 8, 1986.
(h) Transfrontier shipments of hazardous waste for recovery
within countries belonging to the Organization for Economic Coop-
eration and Development are subject to 40 CFR Part 262, Subpart H,
which is adopted by reference as amended and adopted in the CFR
through January 8, 2010 (75 FR 1236) [Jly 4,- 2006(7-1- FR 40254)].
335.78. Special Requirements for Hazardous Waste Generated by
Conditionally Exempt Small Quantity Generators.
(a) A generator is a conditionally exempt small quantity gen-
erator in a calendar month if he generates no more than 100 kilograms
of hazardous waste in that month.
(b) Except for those wastes identified in subsections (e) - (g)
and (j) of this section, a conditionally exempt small quantity gener-
ator's hazardous wastes are not subject to regulation under Subchap-
ters C - H and O of this chapter (relating to Standards Applicable to
Generators of Hazardous Waste; Standards Applicable to Transporters
of Hazardous Waste; Interim Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, [Processing,] or Disposal Fa-
cilities; Permitting Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, [Processing,] or Disposal Facilities; Loca-
tion Standards for Hazardous Waste Storage, Processing, or Disposal;
Standards for the Management of Specific Wastes and Specific Types of
Facilities; and Land Disposal Restrictions); Chapter 1 of this title (relat-
ing to Purpose of Rules, General Provisions); Chapter 3 of this title (re-
lating to Definitions); Chapter 10 of this title (relating to Commission
Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter
37 of this title (relating to Financial Assurance); Chapter 39 of this title
(relating to Public Notice); Chapter 40 of this title (relating to Alterna-
tive Dispute Resolution Procedure); Chapter 50 of this title (relating to
Action [Actions] on Applications and Other Authorizations); Chapter
55 of this title (relating to Requests [Request] for Reconsideration and
Contested Case Hearings; Public Comment); Chapter 70 of this title
(relating to Enforcement); Chapter 80 of this title (relating to Contested
Case Hearings); Chapter 86 of this title (relating to Special Provisions
for Contested Case Hearings; [Ghapter 264 of this title (relating to In-
trA et ry Provisions); Ghap r 277 of this title l to Use Deter-
minations for Tax Exemption for Po1lti o Gentrol Propert;] Chapter
305 of this title (relating to Consolidated Permits); or the notification
requirements of the Resource Conservation and Recovery Act, 3010,
provided the generator complies with the requirements of subsections
(f), (g), and (j) of this section.
(c) When making the quantity determinations of Subchapters
A - C of this chapter (relating to Industrial Solid Waste and Munici-
pal Hazardous Waste in General; Hazardous Waste Management Gen-
eral Provisions; and Standards Applicable to Generators of Hazardous
Waste), the generator must include all hazardous waste it generates, ex-
cept hazardous waste that:
(1) is exempt from regulation under 40 Code of Federal
Regulations (CFR) 261.4(c) - (f), 335.24(c) of this title (relating to
Requirements For Recyclable Materials and Nonhazardous Recyclable
Materials), 335.41(f)(1) of this title (relating to Purpose, Scope and
Applicability), or 40 CFR 261.8;
(2) is managed immediately upon generation only in
on-site elementary neutralization units, wastewater treatment units, or
totally enclosed treatment facilities as defined in 335.1 of this title
(relating to Definitions);
(3) is recycled, without prior storage or accumulation, only
in an on-site process subject to regulation under 335.24(f) of this ti-tle [(relating to Requirements For Recyclable Mater4it and N nhaz-
ar dous .Re lable Materials)];
(4) is used oil managed under the requirements of
335.24(j) of this title and Chapter 324 of this title (relating to Used
Oil);
(5) are spent lead-acid batteries managed under the require-
ments of 335.251 of this title (relating to Applicability and Require-
ments); [or]
(6) is universal waste managed under 335.41(j) of this ti-
tle [(relating to aPurpose, e nd Appl bi.it ,)] and Subchapter H,
Division 5 of this chapter (relating to Universal Waste Rule); or[.]
(7) is an unused commercial chemical product (listed in 40
CFR Part 261, Subpart D or exhibiting one or more characteristics in
40 CFR Part 261, Subpart C) that is generated solely as a result of a
laboratory clean-out conducted at an eligible academic entity consis-
tent with 40 CFR 262.213. For purposes of this provision, the phrase
"eligible academic entity" shall have the meaning as defined in 40 CFR
262.200.
(d) In determining the quantity of hazardous waste generated,
a generator need not include:
(1) hazardous waste when it is removed from on-site stor-
age provided that the waste was counted at the time it was generated;
(2) hazardous waste which is generated or collected for the
purpose of treatability studies;
(3) hazardous waste produced by on-site processing (in-
cluding reclamation) of his hazardous waste, so long as the hazardous
waste that is processed was counted once; or
(4) spent materials that are generated, reclaimed, and sub-
sequently reused on-site, so long as such spent materials have been
counted once.
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth in paragraphs (1) or (2) of this
subsection, all quantities of that acute hazardous waste are subject to
full regulation under Subchapters C - H and O of this chapter [(relating
to Standards Applicable to Generators of Hazardous Waste- Standards
Applicable to Transporters of Hazardous Waste Interim Standards for
Owners and Operators of Hazardous Waste S age Processing, or
r Disposal Vais PermStting Standards for Owners and Operators of
Hazardous Waste Storage Processing, or Disposal Facilities ation
Standards for Hazardous Waste Storage, Processing, or Disposalt and
Standards for the Management of Speifi Wastes and Speific Tyes
of Faciitiesand an nd Disposal Restrictions)]; Chapter 1 of this ti-
tle [(relating to Purpose of Rvules enerat Provisions)]; Chapter 3 of
this title [(relating to Definitions)]; Chapter 10 of this title [(relating
to Commission Meetings)]; Chapter 20 of this title [(relating to Rule-
making)]; Chapter 37 of this title [(relating to Financial Assurance)];
Chapter 39 of this title [(relating to Public Notice)]; Chapter 40 of this
title [(relating to Alternative Dispute Resolution)]; Chapter 50 of this
title [(relating to Actions on Applications)]; Chapter 55 of this title
[(relating to Request for Gentested Gase Hearings)]; Chapter 70 of this
title [(relating to tEnforeement)]; Chapter 80 of this title [(relating to
Contested Case Hearings)]; Chapter 86 of this title [(relating to Spe-
eial Provisions for Centested Gase earnings; Chapter 264- of this title
(relating to Introductory Provisions); Ghapter 77 of this title (relating
to Use Determinations for Tax Exemption for Pollution Gontrol Prop-
ety)]; Chapter 305 of this title [(relating to consolidated Permits)]; and
the notification requirements of the Resource Conservation and Recov-
ery Act, 3010:PROPOSED RULES October 5, 2012 37 TexReg 7929
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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/m1/115/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.