(a) Effect on permitted off-site facilities. Subchapters B
- E of this chapter (relating to Hazardous Waste Management General Provisions;
Standards Applicable to Generators of Hazardous Waste; Standards Applicable
to Transporters of Hazardous Waste; and Interim Standards for Owners and Operators
of Hazardous Waste Storage, Processing, or Disposal Facilities), provide minimum
requirements applicable to all persons generating, transporting, storing,
processing, and disposing of hazardous waste. All persons holding permits
or any other authorizations from the commission or its predecessor agencies,
which relate to hazardous waste, shall meet the requirements of Subchapter
E of this chapter until final administrative disposition of their permit application
pursuant to standards prescribed by Subchapter F of this chapter (relating
to Permitting Standards for Owners and Operators of Hazardous Waste Storage,
Processing, or Disposal Facilities) is made. However, where the permit or
authorization specifies additional or more stringent requirements, the provisions
of the permit or authorization shall be complied with.
(b) Effect on off-site facilities without a permit to re-use,
recycle, or reclaim hazardous waste, or to burn hazardous waste in boilers
or industrial furnaces. Any person who has commenced the off-site storage,
processing, or disposal of hazardous wastes, or activities that are listed,
identified or described by the administrator of the United States Environmental
Protection Agency in 40 Code of Federal Regulations Part 261, on or before
the effective date of statutory or regulatory amendments under the Resource
Conservation and Recovery Act of 1976, as amended, 42 United States Code §§6901
et seq., concerning the re-use, recycling, or reclamation of hazardous waste,
or relating to the burning of hazardous waste in boilers or industrial furnaces,
that render such wastes or activities subject to the requirements to have
a hazardous waste permit, shall file an application with the commission on
or before the effective date of such amendments, which includes the applicable
information required by §335.44 of this title (relating to Application
for Existing On-site Facilities). Any person who has commenced off-site storage,
processing, or disposal of hazardous waste on or before the effective date
of such amendments, who has filed a hazardous waste permit application with
the commission on or before the effective date of such amendments in accordance
with the rules and regulations of the commission, and who complies with requirements
in this chapter applicable to such activities, may continue the off-site storage,
processing, or disposal of the newly listed or identified wastes or waste
activities until such time as the Texas Natural Resource Conservation Commission
approves or denies the application. In cases where the aforementioned federal
statutory or regulatory amendments become effective prior to the effective
date of state statutory or regulatory amendments under Texas Health and Safety
Code, Chapter 361, submittal to the executive director of a copy of the properly
filed EPA permit application within 30 days of the effective date of the applicable
state statutory or regulatory requirements shall constitute compliance with
this subsection with regard to application filing requirements. Facilities
that have received a permit for the re-use, recycling, or reclamation of hazardous
waste in accordance with Subchapter F of this chapter are not required to
comply with this subsection and may operate pursuant to their existing permit.
Such permits, however, are subject to amendment under §305.62 of this
title (relating to Amendment) or to modification under §305.69 of this
title (relating to Solid Waste Permit Modification at the Request of the Permittee)
to reflect new regulatory requirements.
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Source Note: The provisions of this §335.45 adopted to be effective September 1, 1986, 11 TexReg 3695; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective November 15, 2001, 26 TexReg 9135 |