Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,911
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provision shall only be deposited at sites where the construction is in
progress or imminent such that rights to the land are secured and engi-
neering, architectural, or other necessary planning have been initiated.
Waste disposal shall be considered to have occurred on any land which
has been filled with man-made inert materials under this provision if
the land is sold, leased, or otherwise conveyed prior to the completion
of construction of the surface improvement. Under such conditions,
deed recordation shall be required. The deed recordation shall include
the information required under 335.5(a) of this title (relating to Deed
Recordation of Waste Disposal), prior to sale or other conveyance of
the property;
(iii) waste materials which result from activities as-
sociated with the exploration, development, or production of oil or gas
or geothermal resources, as those activities are defined in this section,
and any other substance or material regulated by the Railroad Commis-
sion of Texas in accordance with the Natural Resources Code, 91.101,
unless such waste, substance, or material results from activities as-
sociated with gasoline plants, natural gas, or natural gas liquids pro-
cessing plants, pressure maintenance plants, or repressurizing plants
and is a hazardous waste as defined by the administrator of the United
States Environmental Protection Agency in accordance with the fed-
eral Solid Waste Disposal Act, 42 United States Code, 6901 et seq.,
as amended; or
(iv) a material excluded by 40 Code of Federal Reg-
ulations (CFR) _261.4(a)(1) - (22),261.39, and 261.40, as amended
through March 18, 2010 (75 FR 12989) [Jy 28 2006 (7 FR 42928)],
subject to the changes in this clause, or by variance granted under
335.18 of this title (relating to Variances from Classification as a Solid
Waste) and 335.19 of this title (relating to Standards and Criteria for
Variances from Classification as a Solid Waste). For the purposes of
the exclusions under 40 CFR 261.39 and 261.40, 40 CFR 261.41 is
adopted by reference as amended through July 28, 2006 (71 FR 42928).
For the purposes of the exclusion under 40 CFR 261.4(a)(16), 40 CFR
261.38 is adopted by reference as amended through July 10, 2000 (65
FR 42292), and is revised as follows, with "subparagraph (A)(iv) under
the definition of 'solid Waste' in 30 TAC 335.1" meaning "subpara-
graph (A)(iv) under the definition of'solid Waste' in 335.1 of this title
(relating to Definitions)":
(I) in the certification statement under 40 CFR
261.38(c)(1)(i)(C)(4), the reference to "40 CFR 261.38" is changed
to "40 CFR 261.38, as revised under subparagraph (A)(iv) under the
definition of 'solid Waste' in 30 TAC 335.1," and the reference to "40
CFR 261.28(c)(10)" is changed to "40 CFR 261.38(c)(10)";
(II) in 40 CFR 261.38(c)(2), the references to
"260.10 of this chapter" are changed to "335.1 of this title (relating
to Definitions)," and the reference to "parts 264 or 265 of this chapter"
is changed to "Chapter 335, Subchapter E of this title (relating to In-
terim Standards for Owners and Operators of Hazardous Waste Treat-
ment, Storage, or Disposal Facilities) or Chapter 335, Subchapter F of
this title (relating to Permitting Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities)";
(III) in 40 CFR 261.38(c)(3) - (5), the refer-
ences to "parts 264 and 265, or 262.34 of this chapter" are changed to
"Chapter 335, Subchapter E of this title (relating to Interim Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities) and Chapter 335, Subchapter F of this title (relat-
ing to Permitting Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, or Disposal Facilities), or 335.69 of this
title (relating to Accumulation Time)";
(IV) in 40 CFR 261.38(c)(5), the reference to
" 261.6(c) of this chapter" is changed to " 335.24(e) and (f) of this title(relating to Requirements for Recyclable Materials and Nonhazardous
Recyclable Materials)";
(V) in 40 CFR 261.38(c)(7), the references
to "appropriate regulatory authority" and "regulatory authority" are
changed to "executive director";
(VI) in 40 CFR 261.38(c)(8), the reference to
" 262.11 of this chapter" is changed to "335.62 of this title (relating
to Hazardous Waste Determination and Waste Classification)";
(VII) in 40 CFR 261.38(c)(9), the reference to
"261.2(c)(4) of this chapter" is changed to 335.1(138)(D)(iv) " of
this title (relating to Definitions)"; and
(VIII) in 40 CFR 261.38(c)(10), the reference to
"implementing authority" is changed to "executive director."
(B) A discarded material is any material which is:this paragraph;
this paragraph;(i) abandoned, as explained in subparagraph (C) of
(ii) recycled, as explained in subparagraph (D) of(iii) considered inherently waste-like, as explained
in subparagraph (E) of this paragraph; or
(iv) a military munition identified as a solid waste in
40 CFR 266.202.
(C) Materials are solid wastes if they are abandoned by
being:
(i) disposed of;
(ii) burned or incinerated; or
(iii) accumulated, stored, or processed (but not recy-
cled) before or in lieu of being abandoned by being disposed of, burned,
or incinerated.
(D) Except for materials described in subparagraph (H)
of this paragraph, materials are solid wastes if they are "recycled" or
accumulated, stored, or processed before recycling as specified in this
subparagraph. The chart referred to as Table 1 indicates only which
materials are considered to be solid wastes when they are recycled and
is not intended to supersede the definition of solid waste provided in
subparagraph (A) of this paragraph.
(i) Used in a manner constituting disposal. Materi-
als noted with an asterisk in Column 1 of Table 1 are solid wastes when
they are:
(I) applied to or placed on the land in a manner
that constitutes disposal; or
(II) used to produce products that are applied to
or placed on the land or are otherwise contained in products that are
applied to or placed on the land (in which cases the product itself re-
mains a solid waste). However, commercial chemical products listed
in 40 CFR 261.33 are not solid wastes if they are applied to the land
and that is their ordinary manner of use.
(ii) Burning for energy recovery. Materials noted
with an asterisk in Column 2 of Table 1 are solid wastes when they
are:
(I) burned to recover energy; or
(II) used to produce a fuel or are otherwise con-
tained in fuels (in which cases the fuel itself remains a solid waste).
However, commercial chemical products, which are listed in 40 CFRPROPOSED RULES October 5, 2012 37 TexReg 7911
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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/m1/97/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.