Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,931
7533-7814 p. ; 28 cm.View a full description of this periodical.
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(C) authorized to manage hazardous waste by a state
with a hazardous waste management program approved under 40 CFR
Part 271;
(D) permitted, licensed, or registered by a state to man-
age municipal solid waste and, if managed in a municipal solid waste
landfill, is subject to 40 CFR Part 258 or equivalent or more stringent
rules under Chapter 330 of this title (relating to Municipal Solid Waste);
(E) permitted, licensed, or registered by a state to man-
age non-municipal or industrial non-hazardous waste and, if managed
in a non-municipal or industrial non-hazardous waste disposal unit af-
ter January 1, 1998, is subject to the requirements in 40 CFR 257.5
- 257.30 or equivalent or more stringent counterpart rules that may be
adopted by the commission relating to additional requirements for in-
dustrial non-hazardous waste disposal units that may receive hazardous
waste from conditionally exempt small quantity generators;
(F) a facility which:
(i) beneficially uses or reuses, or legitimately recy-
cles or reclaims its waste; or
(ii) processes its waste prior to beneficial use or
reuse, or legitimate recycling or reclamation; or
(G) for universal waste managed under Subchapter H,
Division 5 of this chapter, a universal waste handler or destination fa-
cility subject to the requirements of Subchapter H, Division 5 of this
chapter.
(h) Hazardous waste subject to the reduced requirements of
this section may be mixed with non-hazardous waste and remain sub-
ject to these reduced requirements even though the resultant mixture
exceeds the quantity limitations identified in this section, unless the
mixture meets any of the characteristics of hazardous waste identified
in 40 CFR Part 261, Subpart C.
(i) If any person mixes a solid waste with a hazardous waste
that exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation under this chapter.
(j) If a conditionally exempt small quantity generator's wastes
are mixed with used oil, the mixture is subject to Chapter 324 of this
title (relating to Used Oil Standards) and 40 CFR Part 279 [if it is des-
tined to be burned for energy reeevery]. Any material produced from
such a mixture by processing, blending, or other treatment is also so
regulated [if it is destined to be burned for energy revery].
335.79. Alternative Requirements.for Hazardous Waste Determina-
tion and Accumulation of Unwanted Material for Laboratories Owned
by Eligible Academic Entities.
This section incorporates by reference the federal Alternative Require-
ments for Hazardous Waste Determination and Accumulation of Un-
wanted Material for Laboratories Owned by Eligible Academic Enti-
ties in 40 Code of Federal Regulations Part 262, Subpart K, 262.200
- 262.216 (known as the "Academic Laboratories rule"), as amended
through December 20, 2010 (75 FR 79304).
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-201205014Robert 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 E. INTERIM STANDARDS FOR
OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, OR
DISPOSAL FACILITIES
30 TAC 335.111, 335.112
Statutory Authority
The amendments 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 un-
der Texas Health and Safety Code (THSC), 361.017 (relating
to Commission's Jurisdiction: Industrial Solid Waste and Haz-
ardous Municipal Waste); THSC, 361.024 (relating 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 implement THSC, Chapter 361.
335.111. Purpose, Scope, and Applicability.
(a) The purpose of this subchapter is to establish minimum re-
quirements that define the acceptable management of hazardous waste
prior to the issuance or denial of a hazardous waste permit and until
certification of final closure or, if the facility is subject to post-closure
requirements, until post-closure responsibilities are fulfilled. Except
as provided in 40 Code of Federal Regulations (CFR) 265.1080(b),
this subchapter and the standards of 40 CFR 264.552, 264.553, and
264.554 apply to owners and operators of hazardous waste storage, pro-
cessing, or disposal facilities who have fully complied with the require-
ments for interim status under the Resource Conservation and Recov-
ery Act (RCRA) [RRA], 3005(e), except as specifically provided for
in 335.41 of this title (relating to Purpose, Scope and Applicability).
(b) United States Environmental Protection Agency (EPA)
[EPA] Hazardous Waste Numbers F020, F021, F022, F023, F026, or
F027 must not be managed at facilities subject to regulation under this
subchapter, unless:
(1) the wastewater treatment sludge is generated in a sur-
face impoundment as part of the plant's wastewater treatment system;
(2) the waste is stored in tanks or containers;
(3) the waste is stored or processed in waste piles that meet
the requirements of 40 CFR 264.250(c) as well as all other applicable
requirements of 40 CFR Part 265, Subpart L, and 335.120 of this title
(relating to Containment for Waste Piles);
(4) the waste is burned in incinerators that are certified pur-
suant to the standards and procedures in 40 CFR 265.352; or
(5) the waste is burned in facilities that thermally process
the waste in a device other than an incinerator and that are certified
pursuant to the standards and procedures in 40 CFR 265.383.PROPOSED RULES October 5, 2012 37 TexReg 7931
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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/m1/117/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.