Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,886
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(k) Appendix I. The following appendix will be used for the
purposes of this subchapter which relates to industrial and hazardous
solid waste permit modification at the request of the permittee.
Figure: 30 TAC 305.69(k)
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-201205007
Robert 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 F. PERMIT CHARACTERIS-
TICS AND CONDITIONS
30 TAC 305.122
Statutory Authority
The amendment is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to Gen-
eral 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 under Texas Health and Safety Code (THSC), 361.017
(relating to Commission's Jurisdiction: Industrial Solid Waste
and Hazardous Municipal Waste), THSC, 361.085 (relating to
Financial Assurance and Disclosure by Permit Applicant), and
THSC, 361.024 (relating to Rules and Standards) which autho-
rize the commission to regulate industrial solid waste and haz-
ardous waste and to adopt rules consistent with the general in-
tent and purposes of the THSC.
The proposed amendment implements THSC, Chapter 361.
305.122. Characteristics of Permits.
(a) Compliance with a Resource Conservation and Recovery
Act (RCRA) permit during its term constitutes compliance, for pur-
poses of enforcement, with subtitle C of RCRA except for those re-
quirements not included in the permit which:
(1) become effective by statute;
(2) are promulgated under 40 Code of Federal Regulations
(CFR) Part 268, restricting the placement of hazardous wastes in or on
the land;
(3) are promulgated under 40 CFR Part 264, regarding
leak detection systems for new and replacement surface impound-
ment, waste pile, and landfill units, and lateral expansions of surface
impoundment, waste pile, and landfill units. The leak detection system
requirements include double liners, construction quality assurance
programs, monitoring, action leakage rates, and response action plans,
and will be implemented through the Class 1 permit modifications
procedures of 305.69 of this title (relating to Solid Waste Permit
Modification at the Request of the Permittee); or
(4) are promulgated under 40 CFR Part 265, Subparts
AA, BB, or CC limiting air emissions, as adopted by reference under
335.112 of this title (relating to Standards).(b) A permit may be modified, revoked and reissued, or ter-
minated during its term for cause as set forth in 305.62 of this title
(relating to Amendments) and 305.66 of this title (relating to Permit
Denial, Suspension, and Revocation), or the permit may be modified
upon the request of the permittee as set forth in 305.69 of this title.
(c) [tb)] A permit issued within the scope of this subchapter
does not convey any property rights of any sort, nor any exclusive priv-
ilege, and does not become a vested right in the permittee.
(d) [c-)] The issuance of a permit does not authorize any injury
to persons or property or an invasion of other property rights, or any
infringement of state or local law or regulations.
(e) [()] Except for any toxic effluent standards and prohibi-
tions imposed under Clean Water Act (CWA), 307, and standards for
sewage sludge use or disposal under CWA, 405(d), compliance with
a Texas pollutant discharge elimination system (TPDES) permit dur-
ing its term constitutes compliance, for purposes of enforcement, with
the CWA, 301, 302, 306, 307, 318, 403, and 405; however, a TPDES
permit may be amended or revoked during its term for cause as set forth
in [] 305.62 and 305.66 of this title. [(relating to Am ndme and
Permit Dnia, Revocation and Suspension)]
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-201205008
Robert 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 I. HAZARDOUS WASTE
INCINERATOR PERMITS
30 TAC 305.176
Statutory Authority
The new section is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to Gen-
eral 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 under Texas Health and Safety Code (THSC), 361.017
(relating to Commission's Jurisdiction: Industrial Solid Waste
and Hazardous Municipal Waste), THSC, 361.085 (relating to
Financial Assurance and Disclosure by Permit Applicant), and
THSC, 361.024 (relating to Rules and Standards) which autho-
rize the commission to regulate industrial solid waste and haz-
ardous waste and to adopt rules consistent with the general in-
tent and purposes of the THSC.
The proposed new section implements THSC, Chapter 361.
305.176. Integration with Maximum Achievable Control Technol-
ogy (MACT) Standards.
The regulations contained in 40 Code of Federal Regulations 270.235,
Options for Incinerators, Cement Kilns, Lightweight Aggregate Kilns,
Solid Fuel Boilers, Liquid Fuel Boilers, and Hydrochloric Acid Pro-37 TexReg 7886 October 5, 2012 Texas Register
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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/m1/72/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.