Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,932
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:
(c) The requirements of this section apply to owners or opera-
tors of all facilities which process, store or dispose of hazardous waste
referred to in 40 CFR Part 268, and the 40 CFR Part 268 standards are
considered material conditions or requirements of the Part 265 interim
status standards incorporated by reference in 335.112 of this title (re-
lating to Standards).
(d) Owners and operators who are subject to the requirements
to obtain a post-closure permit under 335.2 and 335.43 of this title
(relating to Permit Required), but who obtain a post-closure order in
lieu of a post-closure permit as provided in 335.2(m) of this title, must:
(1) submit information about the facility listed in
305.50(b) of this title (relating to Additional Requirements for an
Application for a Hazardous or Industrial Solid Waste Permit and for
a Post-Closure Order);
(2) comply with facility-wide corrective action require-
ments of 335.167 of this title (relating to Corrective Action for Solid
Waste Management Units);
(3) comply with the groundwater monitoring requirements
of 335.156 - 335.166 of this title (relating to Applicability of
Groundwater Monitoring and Response; Required Programs; Ground-
water Protection Standard; Hazardous Constituents; Concentration
Limits; Point of Compliance; Compliance Period; General Ground-
water Monitoring Requirements; Detection Monitoring Program;
Compliance Monitoring Program; and Corrective Action Program);
and
(4) comply with the financial assurance requirements of
Chapter 37, Subchapter P of this title (relating to Financial Assurance
for Hazardous and Nonhazardous Industrial Solid Waste Facilities).
(e) The commission may replace all or part of the closure re-
quirements of 40 CFR Part 265, Subpart G (relating to Closure and
Post-Closure), as amended and adopted in 335.112(a)(6) of this ti-
tle and the unit specific standards in 335.123 of this title (relating
[related] to Closure and Post-Closure (Land Treatment Facilities)) ap-
plying to a regulated unit with alternative requirements for closure set
out in a permit or a post-closure order where the commission deter-
mines that:
(1) a regulated unit is situated among solid waste manage-
ment units or area of concern, a release has occurred, and both the reg-
ulated unit and one or more solid waste management unit(s) or area of
concern are likely to have contributed to the release; and
(2) it is not necessary to apply the closure requirement of
this subchapter because the alternative requirements will be protective
of human health and the environment and will satisfy the closure per-
formance standards of 335.8 of this title (relating [related] to Closure
and Remediation) and 335.167 of this title.
335.112. Standards.
(a) The following regulations contained in 40 Code of Federal
Regulations (CFR) Part 265 (including all appendices to Part 265) (ex-
cept as otherwise specified herein) are adopted by reference as amended
and adopted in the CFR through June 1, 1990 (55 FR 22685) and as fur-
ther amended as indicated in each paragraph of this subsection:
(1) Subpart B - General Facility Standards (as amended
through January 8, 2010 (75 FR 1236)) [Juty 4- 2006 (71- FtR 40254)];
(2) Subpart C - Preparedness and Prevention;
(3) Subpart D - Contingency Plan and Emergency Proce-
dures (as amended through March 18, 2010 (75 FR 12989)) [July 4,
2006 (-7 FR 40254))], except 40 CFR 265.56(d);(4) Subpart E - Manifest System, Recordkeeping and Re-
porting (as amended through March 18, 2010 (75 FR 12989)), except
40 CFR 265.71, 265.72, 265.75, 265.76, and 265.77 [April 4, 2006
(74 FR4 106862))];
(5) Subpart F - Groundwater Monitoring (as amended
through April 4, 2006 (71 FR 16862)), except 40 CFR 265.90 and
265.94;
(6) Subpart G - Closure and Post-Closure (as amended
through July 14, 2006 (71 FR 40254)); except 40 CFR 265.112(d)(3)
and (4) and 265.118(e) and (f);
(7) Subpart H - Financial Requirements (as amended
through September 16, 1992 (57 FR 42832)); except 40 CFR
265.140, 265.141, 265.142(a)(2), 265.142(b) and (c), 265.143(a) -
(g), 265.144(b) and (c), 265.145(a) - (g), 264.146, 265.147(a) - (d),
265.147(f) - (k), and 265.148 - 265.150;
(8) Subpart I - Use and Management of Containers (as
amended through July 14, 2006 (71 FR 40254));
(9) Subpart J - Tank Systems (as amended through July 14,
2006 (71 FR 40254));
(10) Subpart K - Surface Impoundments (as amended
through July 14, 2006 (71 FR 40254));
(11) Subpart L - Waste Piles (as amended through July 14,
2006 (71 FR 40254)), except 40 CFR 265.253;
(12) Subpart M - Land Treatment (as amended through July
14, 2006 (71 FR 40254)) except, 40 CFR 265.272, 265.279, and
265.280;
(13) Subpart N - Landfills (as amended through March 18,
2010 (75 FR 12989)) [July 14 2006 74 FR 40254))], except 40 CFR
265.301(f) - (i), 265.314, and 265.315;
(14) Subpart O - Incinerators (as amended through October
12, 2005 (70 FR 59402)) [September 30 999 (64 FR 52828))];
(15) Subpart P - Thermal Treatment (as amended through
July 17, 1991 (56 FR 32692));
(16) Subpart Q - Chemical, Physical, and Biological Treat-
ment (as amended through July 14, 2006 (71 FR 40254));
(17) Subpart R - Underground Injection;
(18) Subpart W - Drip Pads (as amended through July 14,
2006 (71 FR 40254));
(19) Subpart AA - Air Emission Standards for Process
Vents (as amended through July 14, 2006 (71 FR 40254));
(20) Subpart BB - Air Emission Standards for Equipment
Leaks (as amended through April 4, 2006 (71 FR 16862));
(21) Subpart CC - Air Emission Standards for Tanks,
Surface Impoundments, and Containers (as amended through July 14,
2006 (71 FR 40254));
(22) Subpart DD - Containment Buildings (as amended
through July 14, 2006 (71 FR 40254));
(23) Subpart EE - Hazardous Waste Munitions and Explo-
sives Storage (as amended through February 12, 1997 (62 FR 6622));
and
(24) the following appendices contained in 40 CFR Part
265:
(A) Appendix I - Recordkeeping Instructions (as
amended through March 24, 1994 (59 FR 13891));37 TexReg 7932 October 5, 2012 Texas Register
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/m1/118/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.