(a) The purpose of this subchapter is to establish
minimum standards to define the acceptable management of hazardous
waste. These standards are to be applied in the evaluation of an application
for a permit to manage hazardous waste, in accordance with Texas Solid
Waste Disposal Act, and in the evaluation of an investigation report
to implement groundwater protection requirements relating to compliance
monitoring and corrective action; and in the evaluation of corrective
action measures to be instituted in accordance with §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units). For facilities that store, process, or dispose of industrial
solid waste, in addition to hazardous waste, nothing herein shall
be construed to restrict or abridge the commission's authority to
implement the provisions of Texas Water Code, Chapter 26, and §335.4
of this title (relating to General Prohibitions), with respect to
those activities.
(b) The standards in this subchapter apply to owners
and operators of all facilities which process, store, or dispose of
hazardous waste, except as specifically provided for in §335.41
of this title (relating to Purpose, Scope, and Applicability).
(c) A facility owner or operator who has fully complied
with the requirements for interim status, as defined in the Resource
Conservation and Recovery Act (RCRA), §3005(e), and §335.2
and §335.43 of this title (relating to Permit Required), must
comply with the requirements of Subchapter E of this chapter (relating
to Interim Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities) in lieu of the requirements of this
subchapter, until final administrative disposition of his permit application
is made, except as provided under 40 Code of Federal Regulations (CFR)
Part 264, Subpart S.
(d) The regulations of this subchapter apply to all
owners and operators subject to the requirements of §335.2(m)
of this title when the commission issues either a post-closure permit
or a post-closure order at the facility. When the commission issues
a post-closure order, references in this subchapter to "in the permit"
also mean "in the order."
(e) The commission may replace all or part of the requirements
of 40 CFR Part 264 Subpart G (relating to Closure and Post-Closure),
as amended and adopted in §335.152(a)(5) of this title (relating
to Standards) and the unit specific standards in §§335.169,
335.172, and 335.174 of this title (relating to Closure and Post-Closure
Care (Surface Impoundments); Closure and Post-Closure Care (Land Treatment
Units), and Closure and Post-Closure Care (Landfills)) applying to
regulated units, with alternative requirements as set out in a permit
or order where the commission determines that:
(1) a regulated unit is situated among solid waste
management units or area of concern, a release has occurred, and both
the regulated unit and one or more solid waste management unit(s)
or area of concern are likely to have contributed to the release;
and
(2) it is not necessary to apply the closure requirements
of this subchapter (and those referenced herein) because the alternative
requirements will be protective of human health and the environment
and will satisfy the performance standards of §335.8 of this
title (relating to Closure and Remediation) and §335.167 of this
title.
(f) If a permitted facility obtains an order setting
out alternative requirements provided in subsection (e) of this section,
then the alternative requirements shall also be referenced in the
facility's permit.
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Source Note: The provisions of §335.151 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective February 22, 1994, 19 TexReg 969; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective February 21, 2013, 38 TexReg 978 |