| operators, and advise industrial
operators of the TCEQ External Relations Division services.
(2) Treatment of wastes under RRC jurisdiction at facilities
authorized by the TCEQ under Chapter 334, Subchapter K of this title
(relating to Storage, Treatment, and Reuse Procedures for Petroleum-Substance
Contaminated Soil).
(A) Soils contaminated with constituents that are physically
and chemically similar to those normally found in soils at leaking
underground petroleum storage tanks from generators under the jurisdiction
of the RRC are eligible for treatment at TCEQ regulated soil treatment
facilities once alternatives for recycling and source reduction have
been explored. For the purpose of this provision, soils containing
petroleum substance(s) as defined in §334.481 of this title (relating
to Definitions) are considered to be similar, but drilling muds, acids,
or other chemicals used in oil and gas activities are not considered
similar. Generators under the jurisdiction of the RRC must meet the
same requirements as generators under the jurisdiction of the TCEQ
when sending their petroleum contaminated soils to soil treatment
facilities under TCEQ jurisdiction. Those requirements are in §334.496
of this title (relating to Shipping Procedures Applicable to Generators
of Petroleum-Substance Waste), except subsection (c) of this section
which is not applicable, and §334.497 of this title (relating
to Recordkeeping and Reporting Procedures Applicable to Generators).
RRC generators with questions on these requirements should contact
the TCEQ.
(B) Generators under RRC jurisdiction should also be
aware that TCEQ regulated soil treatment facilities are required by
§334.499 of this title (relating to Shipping Requirements Applicable
to Owners or Operators of Storage, Treatment, or Disposal Facilities)
to maintain documentation on the soil sampling and analytical methods,
chain-of-custody, and all analytical results for the soil received
at the facility and transported off-site or reused on-site.
(C) The RRC must specifically authorize management
of contaminated soils under its jurisdiction at facilities authorized
by the TCEQ under Chapter 334, Subchapter K of this title (relating
to Storage, Treatment, and Reuse Procedures for Petroleum-Substance
Contaminated Soil). The RRC may grant such authorizations by rule,
or on an individual basis through permits or other written authorizations.
(D) All waste, including treated waste, subject to
the jurisdiction of the RRC and managed at facilities authorized by
the TCEQ under Chapter 334, Subchapter K of this title will remain
subject to the jurisdiction of the RRC. Such materials will be subject
to RRC regulations regarding final reuse, recycling, or disposal.
(E) TCEQ waste codes and registration numbers are not
required for management of wastes under the jurisdiction of the RRC
at facilities authorized by the TCEQ under Chapter 334, Subchapter
K of this title.
(3) Processing, treatment, and disposal of wastes under
RRC jurisdiction at facilities authorized by the TCEQ.
(A) As provided in this paragraph, waste materials
subject to the jurisdiction of the RRC may be managed at solid waste
facilities under the jurisdiction of the TCEQ once alternatives for
recycling and source reduction have been explored. The RRC must specifically
authorize management of wastes under its jurisdiction at facilities
regulated by the TCEQ. The RRC may grant such authorizations by rule,
or on an individual basis through permits or other written authorizations.
In addition, except as provided in subparagraph (B) of this paragraph,
the concurrence of the TCEQ is required to manage "special waste"
under the jurisdiction of the RRC at a facility regulated by the TCEQ.
The TCEQ's concurrence may be subject to specified conditions.
(B) A facility under the jurisdiction of the TCEQ may
accept, without further individual concurrence, waste under the jurisdiction
of the RRC if that facility is permitted or otherwise authorized to
accept that particular type of waste. The phrase "that type of waste"
does not specifically refer to waste under the jurisdiction of the
RRC, but rather to the waste's physical and chemical characteristics.
Management and disposal of waste under the jurisdiction of the RRC
is subject to TCEQ's rules governing both special waste and industrial
waste.
(C) If the TCEQ regulated facility receiving the waste
does not have approval to accept the waste included in its permit
or other authorization, individual written concurrences from the TCEQ
shall be required to manage wastes under the jurisdiction of the RRC
at TCEQ regulated facilities. Recommendations for the management of
special wastes associated with the exploration, development, or production
of oil, gas, or geothermal resources are found in TCEQ Regulatory
Guidance document RG-3. (This is required only if the TCEQ regulated
facility receiving the waste does not have approval to accept the
waste included in its permit or other authorization provided by the
TCEQ.) To obtain an individual concurrence, the waste generator must
provide to the TCEQ sufficient information to allow the concurrence
determination to be made, including the identity of the proposed waste
management facility, the process generating the waste, the quantity
of waste, and the physical and chemical nature of the waste involved
(using process knowledge and/or laboratory analysis as defined in
Chapter 335, Subchapter R of this title (relating to Waste Classification)).
In obtaining TCEQ approval, generators may use their existing knowledge
about the process or materials entering it to characterize their wastes.
Material Safety Data Sheets, manufacturer's literature, and other
documentation generated in conjunction with a particular process may
be used. Process knowledge must be documented and submitted with the
request for approval.
(D) Domestic septage collected from portable toilets
at facilities subject to RRC jurisdiction that is not mixed with other
waste materials may be managed at a facility permitted by the TCEQ
for disposal, incineration, or land application for beneficial use
of such domestic septage waste without specific authorization from
the TCEQ or the RRC. Waste sludge subject to the jurisdiction of the
RRC may not be applied to the land at a facility permitted by the
TCEQ for the beneficial use of sewage sludge or water treatment sludge.
(E) TCEQ waste codes and registration numbers are not
required for management of wastes under the jurisdiction of the RRC
at facilities under the jurisdiction of the TCEQ. If a receiving facility
requires a TCEQ waste code for waste under the jurisdiction of the
RRC, a code consisting of the following may be provided:
(i) the sequence number "RRCT";
(ii) the appropriate form code, as specified in Chapter
335, Subchapter R, §335.521, Appendix 3 of this title (relating
to Appendices); and
(iii) the waste classification code "H" if the waste
is a hazardous oil and gas waste, or "R" if the waste is a nonhazardous
oil and gas waste.
(F) If a facility requests or requires a TCEQ waste
generator registration number for wastes under the jurisdiction of
the RRC, the registration number "XXXRC" may be provided.
(G) Wastes that are under the jurisdiction of the RRC
need not be reported to the TCEQ.
(4) Management of nonhazardous wastes under TCEQ jurisdiction
at facilities regulated by the RRC.
(A) Once alternatives for recycling and source reduction
have been explored, and with prior authorization from the RRC, the
following nonhazardous wastes subject to the jurisdiction of the TCEQ
may be disposed of, other than by injection into a Class II well,
at a facility regulated by the RRC; bioremediated at a facility regulated
by the RRC (prior to reuse, recycling, or disposal); or reclaimed
at a crude oil reclamation facility regulated by the RRC: nonhazardous
wastes that are chemically and physically similar to oil and gas wastes,
but excluding soils, media, debris, sorbent pads, and other clean-up
materials that are contaminated with refined petroleum products.
(B) To obtain an individual authorization from the
RRC, the waste generator must provide the following information, in
writing, to the RRC: the identity of the proposed waste management
facility, the quantity of waste involved, a hazardous waste determination
that addresses the process generating the waste and the physical and
chemical nature of the waste, and any other information that the RRC
may require. As appropriate, the RRC shall reevaluate any authorization
issued pursuant to this paragraph.
(C) Once alternatives for recycling and source reduction
have been explored, and subject to the RRC's individual authorization,
the following wastes under the jurisdiction of the TCEQ are authorized
without further TCEQ approval to be disposed of at a facility regulated
by the RRC, bioremediated at a facility regulated by the RRC, or reclaimed
at a crude oil reclamation facility regulated by the RRC: nonhazardous
bottoms from tanks used only for crude oil storage; unused and/or
reconditioned drilling and completion/workover wastes from commercial
service company facilities; used and/or unused drilling and completion/workover
wastes generated at facilities where workers in Cont'd... |
