Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,934
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:
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.
335.151. Purpose, Scope, and Applicability.
(a) The purpose of this subchapter is to establish minimum
standards to define the acceptable management of hazardous waste.
These standards are to be applied in the evaluation of an application for
a permit to manage hazardous waste, in accordance with Texas Solid
Waste Disposal Act [TSWDA], and in the evaluation of an investiga-
tion report to implement groundwater protection requirements relat-
ing to compliance monitoring and corrective action; and in the evalu-
ation of corrective action measures to be instituted in accordance with
335.167 of this title (relating to Corrective Action for Solid Waste
Management Units). For facilities that store, process, or dispose of
industrial solid waste, in addition to hazardous waste, nothing herein
shall be construed to restrict or abridge the commission's authority to
implement the provisions of Texas Water Code, Chapter 26, and 335.4
of this title (relating to General Prohibitions), with respect to those ac-
tivities.
(b) The standards in this subchapter apply to owners and op-
erators of all facilities which process, store, or dispose of hazardous
waste, except as specifically provided for in 335.41 of this title (relat-
ing to Purpose, Scope, and Applicability).
(c) A facility owner or operator who has fully complied with
the requirements for interim status, as defined in the Resource Conser-
vation and Recovery Act (RCRA) [RCRA], 3005(e), and 335.2 and
335.43 of this title (relating to Permit Required), must comply with the
requirements of Subchapter E of this chapter (relating to Interim Stan-
dards for Owners and Operators of Hazardous Waste Treatment, Stor-
age, [Processing,] or Disposal Facilities) in lieu of the requirements
of this subchapter, until final administrative disposition of his permit
application is made, except as provided under 40 Code of Federal Reg-
ulations (CFR) Part 264, Subpart S.
(d) The regulations of this subchapter apply to all owners and
operators subject to the requirements of 335.2(m) of this title when
the commission issues either a post-closure permit or a post-closure
order at the facility. When the commission issues a post-closure order,
references in this subchapter to "in the permit" also mean "in the order."
(e) The commission may replace all or part of the require-
ments of 40 CFR Part 264 Subpart G (relating [related] to Closure and
Post-Closure), as amended and adopted in 335.152(a)(5) of this title
(relating to Standards) and the unit specific standards in 335.169,
335.172, and 335.174 of this title (relating to Closure and Post-Closure
Care (Surface Impoundments); Closure and Post-Closure Care (Land
Treatment Units), and Closure and Post-Closure Care (Landfills)) ap-
plying to regulated units, with alternative requirements as set out in a
permit or order where the commission determines 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 requirements of
this subchapter (and those referenced herein) because the alternativerequirements will be protective of human health and the environment
and will satisfy the performance standards of 335.8 of this title (relat-
ing to Closure and Remediation) and 335.167 of this title [(relating to
Co ecti, Aetion for Solid Waste Management Units)].
(f) If a permitted facility obtains an order setting out alterna-
tive requirements provided in subsection (e) of this section, then the
alternative requirements shall also be referenced in the facility's per-
mit.
335.152. Standards.
(a) The following regulations contained in 40 Code of Federal
Regulations (CFR) Part 264 (including all appendices to Part 264) are
adopted by reference as amended and adopted in the CFR through June
1, 1990 (55 FR 22685) and as further amended and adopted as indicated
in each paragraph of this subsection:
(1) Subpart B--General Facility Standards (as amended
through January 8, 2010 (75 FR 1236)) [July 44 2006 (-71 FR
40254))]; in addition, the facilities which are subject to 40 CFR Part
264, Subpart X, are subject to regulation under 40 CFR 264.15(b)(4)
and 264.18(b)(1)(ii);
(2) Subpart C--Preparedness and Prevention;
(3) Subpart D--Contingency Plan and Emergency Proce-
dures (as amended through March 18, 2010 (75 FR 12989)) [Apil 4
24)06 (74 FR -6], except 40 CFR 264.56(d);
(4) Subpart E--Manifest System, Recordkeeping and Re-
porting (as amended through March 18, 2010 (75 FR 12989)), except
40 CFR 264.71, 264.72, 264.76, and 264.77 [April 4 2006 (-7 FR
1 '862)]; facilities which are subject to 40 CFR Part 264, Subpart X,
are subject to 40 CFR 264.73(b)(6);
(5) Subpart G--Closure and Post-Closure (as amended
through July 14, 2006 (71 FR 40254)); facilities which are subject
to 40 CFR Part 264, Subpart X, are subject to 40 CFR 264.90(d),
264.111(c), 264.112(a)(2), 264.114, 264.117(a)(1)(i) and (ii), and
264.118(b)(1) and (2)(i) and (ii);
(6) Subpart H--Financial Requirements (as amended
through April 4, 2006 (71 FR 16862)); except 40 CFR 264.140,
264.141, 264.142(a)(2), 264.142(b) and (c), 264.143(a) - (h),
264.144(b) and (c), 264.145(a) - (h), 264.146, 264.147(a) - (d),
264.147(f) - (k), and 264.148 - 264.151; and subject to the following
limitations: facilities which are subject to 40 CFR Part 264, Subpart X,
are subject to 40 CFR 264.142(a), 264.144(a), and 37.6031(c) of
this title (relating to Financial Assurance Requirements for Liability);
(7) Subpart I--Use and Management of Containers (as
amended through July 14, 2006 (71 FR 40254));
(8) Subpart J--Tank Systems (as amended through July 14,
2006 (71 FR 40254));
(9) Subpart K--Surface Impoundments (as amended
through July 14, 2006 (71 FR 40254)) [August 4, 2005 (7O FR
44150))], except 40 CFR 264.221 and 264.228:
(A) reference to 40 CFR 264.221 is changed to
335.168 of this title (relating to Design and Operating Requirements
(Surface Impoundments));
(B) reference to 40 CFR 264.228 is changed to
335.169 of this title (relating to Closure and Post-Closure Care
(Surface Impoundments));
(10) Subpart L--Waste Piles (as amended and adopted
through July 14, 2006 (71 FR 40254)), except 40 CFR 264.251;37 TexReg 7934 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/m1/120/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.