Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,939
7533-7814 p. ; 28 cm.View a full description of this periodical.
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solid waste and hazardous waste and to adopt rules consistent
with the general intent and purposes of the THSC.
The proposed amendment implements THSC, Chapter 361.
335.222. Management Prior to Burning.
(a) Generators. Generators of hazardous waste that is burned
in a boiler or industrial furnace are subject to the requirements of Sub-
chapter C of this chapter (relating to Standards Applicable to Genera-
tors of Hazardous Waste).
(b) Transporters. Transporters of hazardous waste that is
burned in a boiler or industrial furnace are subject to the requirements
of Subchapter D of this chapter (relating to Standards Applicable to
Transporters of Hazardous Waste).
(c) Storage and processing facilities. The provisions listed un-
der paragraph (1) of this subsection apply to storage or processing by
burners and by intermediaries such as processors, blenders, and distrib-
utors between the generator and the burner.
(1) Owners and operators of facilities that store or process
hazardous waste that is burned in a boiler or industrial furnace are sub-
ject to the applicable provisions of the following, except as provided
by paragraph (2) of this subsection:
(A) Subchapter A of this chapter (relating to Industrial
Solid Waste and Municipal Hazardous Waste [Management] in Gen-
eral);
(B) Subchapter B of this chapter (relating to Hazardous
Waste Management General Provisions);
(C) Subchapter E of this chapter (relating to Interim
Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, [Proessing,] or Disposal Facilities), except 335.112(a)(12)
- (19) of this title (relating to Standards);
(D) Subchapter F of this chapter (relating to Permitting
Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, [Processing,] or Disposal Facilities), except 335.152(11) -
(16) of this title (relating to Standards);
(E) Subchapter U of this chapter (relating to Standards
for Owners and Operators of Hazardous Waste Facilities Operating un-
der a Standard Permit); and
(F) [(E)] Chapter 305 of this title (relating to Consoli-
dated Permits).
(2) Owners and operators of facilities that burn, in an
on-site boiler or industrial furnace exempt from regulations under the
small quantity burner provisions of 40 Code of Federal Regulations
266.108, only hazardous waste that they generate are exempt from
regulation under the provisions listed above in paragraph (1) of
this subsection applicable to storage units for those units that store
mixtures of hazardous waste and the primary fuel to the boiler or
industrial furnace in tanks that feed the fuel mixture directly to the
burner. Storage or processing of hazardous waste by such owners and
operators prior to mixing with the primary fuel is subject to regulation
as prescribed in paragraph (1) of this subsection.
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-201205017Robert 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
DIVISION 4. SPENT LEAD-ACID BATTERIES
BEING RECLAIMED
30 TAC 335.251
Statutory Authority
The amendment is 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 amendment implements THSC, Chapter 361.
335.251. Applicability and Requirements.
(a) The regulations of this section adopt by reference 40 Code
of Federal Regulations (CFR) Part 266, Subpart G as amended through
January 8, 2010 (75 FR 1236). This section applies [apply] to persons
who reclaim (including regeneration) spent lead-acid batteries that are
recyclable materials (spent batteries). Persons who generate, transport,
or collect spent batteries, who regenerate spent batteries, who store
spent batteries that are to be regenerated, [or] who store spent batteries
but do not reclaim them (other than spent batteries that are to be re-
generated), who transport spent batteries in the United States to export
them for reclamation in a foreign country or who export spent batteries
for reclamation in a foreign country are not subject to regulation under
this chapter, except that 335.24(h) of this title (relating to Require-
ments for Recyclable Materials and Nonhazardous Recyclable Materi-
als) applies; and are not subject to regulation under Chapter 1 of this
title (relating to Purpose of Rules, General 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 Rulemak-
ing); Chapter 37 of this title (relating to Financial Assurance); Chapter
39 of this title (relating to Public Notice); Chapter 40 of this title (re-
lating to Alternative Dispute Resolution Procedure); Chapter 50 of this
title (relating to Action [Actions] on Applications and Other Autho-
rizations); Chapter 55 of this title (relating to Requests [Request] for
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); [Chapter 26-1 of this title (relating to
Introduce ery Proviasions; G.hapter 277 of this title (relating to Use De-
terminations for Tax Exemption for Pellution Gentrol Property ] or
Chapter 305 of this title (relating to Consolidated Permits). Such per-
sons, however, remain subject to the requirements of the Texas Water
Code, Chapter 26.
(b) Owners or operators of facilities that store spent lead-acid
batteries before reclaiming them (other than spent batteries that are to
be regenerated) are subject to the following requirements:PROPOSED RULES October 5, 2012 37 TexReg 7939
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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/m1/125/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.