| (142) Saturated zone or zone of saturation--That part
of the earth's crust in which all voids are filled with water.
(143) Shipment--Any action involving the conveyance
of municipal hazardous waste or industrial solid waste by any means
off-site.
(144) Sludge dryer--Any enclosed thermal treatment
device that is used to dehydrate sludge and that has a maximum total
thermal input, excluding the heating valve of the sludge itself, of
2,500 British thermal units per pound of sludge treated on a wet-weight
basis.
(145) Small quantity generator--A generator who generates
less than 1,000 kilograms of hazardous waste in a calendar month.
(146) Solid waste--
(A) Any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant or air pollution control facility,
and other discarded material, including solid, liquid, semisolid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities, but does not include:
(i) solid or dissolved material in domestic sewage,
or solid or dissolved material in irrigation return flows, or industrial
discharges subject to regulation by permit issued in accordance with
Texas Water Code, Chapter 26 (an exclusion applicable only to the
actual point source discharge that does not exclude industrial wastewaters
while they are being collected, stored, or processed before discharge,
nor does it exclude sludges that are generated by industrial wastewater
treatment);
(ii) uncontaminated soil, dirt, rock, sand, and other
natural or man-made inert solid materials used to fill land if the
object of the fill is to make the land suitable for the construction
of surface improvements. The material serving as fill may also serve
as a surface improvement such as a structure foundation, a road, soil
erosion control, and flood protection. Man-made materials exempted
under this provision shall only be deposited at sites where the construction
is in progress or imminent such that rights to the land are secured
and engineering, 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
associated 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 Commission of Texas in accordance with the Texas Natural
Resources Code, §91.101, unless such waste, substance, or material
results from activities associated with gasoline plants, natural gas,
or natural gas liquids processing plants, pressure maintenance plants,
or repressurizing plants and is a hazardous waste as defined by the
administrator of the United States Environmental Protection Agency
(EPA) in accordance with the federal Solid Waste Disposal Act, 42
United States Code, §§6901 et seq., as
amended; or
(iv) a material excluded by 40 Code of Federal Regulations
(CFR) §§261.4(a)(1) - (24), (26), and (27), 261.39, and
261.40, as amended through January 13, 2015 (80 FR 1694), subject
to the changes in this clause, by variance, or by non-waste determination
granted under §335.18 of this title (relating to Non-Waste Determinations
and Variances from Classification as a Solid Waste), §335.19
of this title (relating to Standards and Criteria for Variances from
Classification as a Solid Waste), §335.21 of this title (relating
to Procedures for Variances from Classification as a Solid Waste or
To Be Classified as a Boiler or for Non-Waste Determinations), and §335.32
of this title (relating to Standards and Criteria for Non-Waste Determinations).
For the purposes of the exclusions under 40 CFR §261.39 (as amended
through June 26, 2014 (79 FR 36220)) 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 "subparagraph (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 Interim Standards for Owners and Operators
of Hazardous Waste Treatment, 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 references
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 (relating
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(146)(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:
(i) abandoned, as explained in subparagraph (C) of
this paragraph;
(ii) recycled, as explained in subparagraph (D) of
this paragraph;
(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;
(iii) accumulated, stored, or processed (but not recycled)
before or in lieu of being abandoned by being disposed of, burned,
or incinerated; or
(iv) sham recycling as explained in subparagraph (J)
of this paragraph.
(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 in Figure:
30 TAC §335.1(146)(D)(iv) 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. Materials
noted with an asterisk in Column 1 of Table 1 in Figure: 30 TAC §335.1(146)(D)(iv)
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
remains 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.
Cont'd... |
