to the requirements of subsection (h) of this section.
(h) Industrial solid wastes that are nonhazardous recyclable
materials and recyclable materials listed in subsections (b)(4) and
(c)(2) of this section remain subject to the requirements of §335.4
of this title. In addition, industrial solid wastes that are nonhazardous
recyclable materials and recyclable materials listed in subsection
(c)(2) of this section remain subject to the requirements of §335.6
of this title. Industrial solid wastes that are nonhazardous recyclable
materials and recyclable materials listed in subsections (b)(4) and
(c)(2) of this section may also be subject to the requirements of §§335.10
- 335.15 of this title, as applicable, if the executive director determines
that such requirements are necessary to protect human health and the
environment. In making the determination, the executive director shall
consider the following criteria:
(1) the waste's toxicity, corrosivity, flammability,
ability to sensitize or irritate, or propensity for decomposition
and creation of sudden pressure;
(2) the potential for the objectionable constituent
to migrate from the waste into the environment if improperly managed;
(3) the persistence of any objectionable constituent
or any objectionable degradation product in the waste;
(4) the potential for the objectionable constituent
to degrade into nonharmful constituents;
(5) the degree to which the objectionable constituent
bioaccumulates in ecosystems;
(6) the plausible types of improper management to which
the waste could be subjected;
(7) the nature and severity of potential damage to
the public health and environment;
(8) whether subjecting the waste to additional regulation
will provide additional protection for human health and the environment;
and
(9) other relevant factors.
(i) Except as provided in Texas Health and Safety Code, §361.090,
facilities managing recyclable materials that are required to obtain
a permit under this section may also be permitted to manage nonhazardous
recyclable materials at the same facility if the executive director
determines that such regulation is necessary to protect human health
and the environment. In making this determination, the executive director
shall consider the following criteria:
(1) whether managing nonhazardous recyclable materials
will create an additional risk of release of the hazardous recyclable
materials into the environment;
(2) whether hazardous and nonhazardous wastes that
are incompatible are stored and/or processed in the same or connected
units;
(3) whether the management of recyclable materials
and nonhazardous recyclable materials is segregated within the facility;
(4) the waste's toxicity, corrosivity, flammability,
ability to sensitize or irritate, or propensity for decomposition
and creation of sudden pressure;
(5) the potential for the objectionable constituent
to migrate from the waste into the environment if improperly managed;
(6) the persistence of any objectionable constituent
or any objectionable degradation product in the waste;
(7) the potential for the objectionable constituent
to degrade into harmful constituents;
(8) the degree to which the objectionable constituent
bioaccumulates in ecosystems;
(9) the plausible types of improper management to which
the waste could be subjected;
(10) the nature and severity of potential damage to
the public health and environment;
(11) whether subjecting the waste to additional regulation
will provide additional protection for human health and the environment;
and
(12) other relevant factors.
(j) Closure cost estimates.
(1) Except as otherwise approved by the executive director,
an owner or operator of a recycling facility that stores combustible
nonhazardous materials outdoors, or that poses a significant risk
to public health and safety as determined by the executive director,
shall provide a written cost estimate, in current dollars, showing
the cost of hiring a third party to close the facility by disposition
of all processed and unprocessed materials in accordance with all
applicable regulations. The closure cost estimate for financial assurance
must be submitted with any new notification in accordance with §335.6
within 60 days of the effective date of this rule for existing facilities
or as otherwise requested by the executive director.
(2) The estimate must:
(A) equal the costs of closure of the facility, including
disposition of the maximum inventories of all processed and unprocessed
combustible materials stored outdoors on site during the life of the
facility, in accordance with all applicable regulations;
(B) be based on the costs of hiring a third party that
is not affiliated (as defined in §328.2 of this title (relating
to Definitions)) with the owner or operator; and
(C) be based on a per cubic yard and/or short ton measure
for collection and disposition costs.
(k) Financial assurance. An owner or operator of a
recycling facility that stores nonhazardous combustible recyclable
materials outdoors, or that poses a significant risk to public health
and safety as determined by the executive director, shall establish
and maintain financial assurance for closure of the facility in accordance
with Chapter 37, Subchapter J of this title (relating to Financial
Assurance for Recycling Facilities).
(l) Closure requirements.
(1) Closure must include collecting processed and unprocessed
materials, and transporting the materials to an authorized facility
for disposition unless otherwise approved or directed in writing by
the executive director.
(2) Closure of the facility must be completed within
180 days following the most recent acceptance of processed or unprocessed
materials unless otherwise approved or directed in writing by the
executive director.
(m) Used oil that is recycled and is also a hazardous
waste solely because it exhibits a hazardous characteristic is not
subject to the requirements of Subchapters A - I or O of this chapter,
but is regulated under Chapter 324 of this title (relating to Used
Oil Standards). Used oil that is recycled includes any used oil which
is reused, following its original use, for any purpose (including
the purpose for which the oil was originally used). Such term includes,
but is not limited to, oil which is re-refined, reclaimed, burned
for energy recovery, or reprocessed.
(n) Owners or operators of facilities subject to hazardous
waste permitting requirements with hazardous waste management units
that recycle hazardous wastes are subject to the requirements of 40
CFR Part 264 or Part 265, Subparts AA and BB, as adopted by reference
under §335.152(a)(17) and (18) and §335.112(a)(19) and (20)
of this title (relating to Standards).
(o) Hazardous waste that is exported or imported for
purpose of recovery is subject to the requirements of 40 CFR Part
262, Subpart H, as adopted under §335.58 of this title.
(p) Other portions of this chapter that relate to solid
wastes that are recycled include §335.1 of this title (relating
to Definitions), under the definition of "Solid waste," §335.6
of this title, §335.17 of this title (relating to Special Definitions
for Recyclable Materials and Nonhazardous Recyclable Materials), §335.18
of this title (relating to 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), §335.26
of this title (relating to Notification Requirement for Hazardous
Secondary Materials, §335.27 of this title (relating to Legitimate
Recycling of Hazardous Secondary Materials), Subchapter H of this
chapter, and Subchapter V of this chapter (relating to Standards for
Reclamation of Hazardous Secondary Materials).
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Source Note: The provisions of this §335.24 adopted to be effective September 1, 1986, 11 TexReg 3693; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 4, 1999, 24 TexReg 2352; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective November 4,2004, 29 TexReg 10134; amended to be effective February 21, 2013, 38 TexReg 978; amended to be effective June 11, 2020, 45 TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318 |