(a) Generators. Generators of hazardous waste that
is burned in a boiler or industrial furnace are subject to the requirements
of Subchapter C of this chapter (relating to Standards Applicable
to Generators of Hazardous Waste).
(b) Transporters. Transporters of hazardous waste that
is burned in a boiler or industrial furnace are subject to the requirements
of Subchapter D of this chapter (relating to Standards Applicable
to Transporters of Hazardous Waste).
(c) Storage and processing facilities. The provisions
listed under paragraph (1) of this subsection apply to storage or
processing by burners and by intermediaries such as processors, blenders,
and distributors between the generator and the burner.
(1) Owners and operators of facilities that store or
process hazardous waste that is burned in a boiler or industrial furnace
are subject to the applicable provisions of the following, except
as provided by paragraph (2) of this subsection:
(A) Subchapter A of this chapter (relating to Industrial
Solid Waste and Municipal Hazardous Waste in General);
(B) Subchapter B of this chapter (relating to Hazardous
Waste Management General Provisions);
(C) Subchapter E of this chapter (relating to Interim
Standards for Owners and Operators of Hazardous Waste Treatment, Storage,
or Disposal Facilities), except §335.112(a)(12) - (19) of this
title (relating to Standards);
(D) Subchapter F of this chapter (relating to Permitting
Standards for Owners and Operators of Hazardous Waste Treatment, Storage,
or Disposal Facilities), except §335.152(11) - (16) of this title
(relating to Standards);
(E) Subchapter U of this chapter (relating to Standards
for Owners and Operators of Hazardous Waste Facilities Operating under
a Standard Permit); and
(F) Chapter 305 of this title (relating to Consolidated
Permits).
(2) Owners and operators of facilities that burn, in
an on-site boiler or industrial furnace exempt from regulations under
the small quantity burner provisions of 40 Code of Federal Regulations §266.108,
only hazardous waste that they generate are exempt from regulation
under the provisions listed above in paragraph (1) of this subsection
applicable to storage units for those units that store mixtures of
hazardous waste and the primary fuel to the boiler or industrial furnace
in tanks that feed the fuel mixture directly to the burner. Storage
or processing of hazardous waste by such owners and operators prior
to mixing with the primary fuel is subject to regulation as prescribed
in paragraph (1) of this subsection.
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Source Note: The provisions of this §335.222 adopted to be effective July 29, 1992, 17 TexReg 5017; amended to be effective February 26, 1996, 21 TexReg 1142; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 21, 2013, 38 TexReg 978 |