| (a) No owner or operator of a storage, treatment, or
disposal facility may accept delivery of petroleum-substance waste
for storage, treatment, or disposal unless:
(1) a Texas Commission on Environmental Quality (TCEQ)
Petroleum Storage Tank (PST) - Waste Manifest accompanies the shipment
which designates that facility to receive the waste;
(2) the facility owner or operator signs the PST-Waste
Manifest and immediately gives at least one copy of the signed PST-Waste
Manifest to the transporter;
(3) the facility owner or operator retains one copy
of the PST-Waste Manifest in accordance with §334.500 of this
title (relating to Recordkeeping Requirements Applicable to Owners
or Operators of Storage, Treatment, or Disposal Facilities); and
(4) within 30 days after receipt of the waste, the
facility owner or operator sends a copy of the PST- Waste Manifest
to the generator.
(b) When a facility or reuse area receives petroleum-substance
waste accompanied by a PST-Waste Manifest, the facility owner or operator,
or his agent, or the owner or operator of the property designated
for the reuse area shall note any significant discrepancies on each
copy of the PST-Waste Manifest.
(1) Significant discrepancies are differences between
the quantity or type of waste designated on the PST-Waste Manifest
and the quantity or type of waste a facility actually received. Significant
discrepancies in type of waste are obvious differences which can be
discovered by inspection or waste analysis.
(2) Upon discovering a significant discrepancy, the
facility owner or operator shall attempt to reconcile the discrepancy
with the waste generator or transporter (e.g., with telephone conversations).
If the discrepancy is not resolved within 15 days after receiving
the waste, the facility owner or operator shall, within five days,
submit to the agency a letter describing the discrepancy and attempts
to reconcile it, and a copy of the PST-Waste Manifest at issue. The
facility owner or operator shall ensure that the waste is a petroleum-substance
waste eligible for acceptance by the facility pursuant to this subchapter
and shall report any unreconciled discrepancies discovered during
any analyses or evaluation.
(c) No owner or operator of a storage, treatment, or
disposal facility in Texas shall accept wastes from an out-of-state
generator or location unless the following requirements are met:
(1) the waste is accompanied by legible copies of the
signed TCEQ PST-Waste Manifest for all wastes received pursuant to §334.496
of this title (relating to Shipping Procedures Applicable to Generators
of Petroleum-Substance Waste);
(2) the facility owner or operator obtains documentation
that the wastes contain only petroleum-substance contamination, have
been generated from an underground or aboveground storage tank as
defined in this chapter, and are classified as non-hazardous in the
state where generated. This documentation shall consist of documentation
on the sampling methods, sample handling, chain-of-custody documents,
and legible copies of signed laboratory reports on samples collected
from the specified wastes. The number of samples shall be sufficient
to characterize the entire quantity of wastes. The analyses shall
include:
(A) volatiles and semi-volatiles by United States Environmental
Protection Agency (EPA) Methods 8240 and 8270, respectively;
(B) toxicity characteristic listed constituents as
specified in 40 Code of Federal Regulations, Part 261;
(C) organochlorine pesticides and polychlorinated biphenyls
by EPA Method 8080; and
(D) any other analyses necessary to characterize the
wastes or as specified by the agency; and/or
(3) the facility owner or operator obtains documentation
from the appropriate governing agency in the originating jurisdiction
that the wastes are classified as non-hazardous and meet the definition
of petroleum-substance wastes (as such wastes are defined in §334.2
of this title (relating to Definitions)), and provides such documentation
to the agency prior to receiving the out-of-state soils.
(d) The facility owner or operator shall not accept
any wastes for storage, treatment, or disposal from an in-state generator
or location which contain any contaminants above natural background
levels other than petroleum substances as defined in this subchapter,
unless otherwise approved by the agency. Documentation of the contaminants
in the waste shall consist of a sufficient number of samples to characterize
the waste and the samples shall be analyzed for all contaminants that
may occur in that waste.
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| Source Note: The provisions of this §334.499 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
