| (a) The purpose of this chapter is to implement a state
hazardous waste program which controls from point of generation to
ultimate disposal those wastes which have been identified by the administrator
of the United States Environmental Protection Agency (EPA) in 40 Code
of Federal Regulations (CFR) Part 261.
(b) Subchapter E of this chapter (relating to Interim
Standards for Owners and Operators of Hazardous Waste Treatment, Storage,
or Disposal Facilities); Subchapter F of this chapter (relating to
Permitting Standards for Owners and Operators of Hazardous Waste,
Treatment, Storage, or Disposal Facilities); §335.12 of this
title (relating to Shipping Requirements Applicable to Owners or Operators
of Treatment, Storage, or Disposal Facilities); and §335.15 of
this title (relating to Recordkeeping and Reporting Requirements Applicable
to Owners or Operators of Treatment, Storage, or Disposal Facilities)
do not apply to an owner or operator of a totally enclosed treatment
facility, as defined in §335.1 of this title (relating to Definitions).
(c) Except as provided in §335.47 of this title
(relating to Special Requirements for Persons Eligible for a Federal
Permit by Rule), Subchapters E and F of this chapter do not apply
to the owner or operator of a publicly owned treatment works (POTW)
that processes, stores, or disposes of hazardous waste.
(d) Subchapters E and F of this chapter do not apply
to:
(1) the owner or operator of an elementary neutralization
unit provided that if the owner or operator is diluting hazardous
ignitable (D001) wastes (other than the D001 High TOC Subcategory
as defined in 40 CFR §268.40, Table Treatment Standards for Hazardous
Wastes), or reactive (D003) waste, to remove the characteristic before
land disposal, the owner/operator must comply with the requirements
in 40 CFR §264.17(b);
(2) persons engaged in processing or containment activities
during immediate response to a discharge of a hazardous waste; an
imminent and substantial threat of discharge of hazardous waste; a
discharge of a material which, when discharged, becomes a hazardous
waste; or an immediate threat to human health, public safety, property,
or the environment, from the known or suspected presence of military
munitions, other explosive material, or an explosive device, as determined
by an explosive or munitions emergency response specialist as defined
in §335.1 of this title, except that:
(A) an owner or operator of a facility otherwise regulated
under Subchapter E of this chapter must comply with all applicable
requirements of §335.112(a)(2) and (3) of this title (relating
to Standards) and §335.113 of this title (relating to Reporting
of Emergency Situations by Emergency Coordinator);
(B) an owner or operator of a facility otherwise regulated
under Subchapter F of this chapter must comply with all applicable
requirements of §335.152(a)(2) and (3) of this title (relating
to Standards) and §335.153 of this title (relating to Reporting
of Emergency Situations by Emergency Coordinator);
(C) any person who continues or initiates hazardous
waste processing or containment activities after the immediate response
is over is subject to all applicable requirements of Subchapters E
and F of this chapter and Chapter 305 of this title (relating to Consolidated
Permits); and
(D) in the case of an explosives or munitions emergency
response, if a federal, state, tribal, or local official acting within
the scope of his or her official responsibilities, or an explosives
or emergency response specialist, determines that immediate removal
of the material is necessary to protect human health or the environment,
that official or specialist may authorize the removal of the material
or waste by transporters who do not have EPA identification numbers
and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years
identifying the dates of the response, the responsible persons responding,
the type and description of material addressed, and its disposition;
(3) persons adding absorbent material to waste in a
container, as defined in §335.1 of this title and persons adding
waste to absorbent material in a container, provided that these actions
occur at the time that waste is first placed in the container, and
that in the case of permitted facilities, 40 CFR §§264.17(b),
264.171, and 264.172 are complied with, and for all other facilities,
40 CFR §§265.17(b), 265.171, and 265.172 are complied with;
(4) a farmer disposing of waste pesticides from the
farmer's own use in compliance with 40 CFR §262.70 as adopted
under §335.57 of this title (relating to Farmers);
(5) the owner or operator of a wastewater treatment
unit, as defined in §335.1 of this title, provided that the wastewater
is discharged in accordance with a Texas Pollutant Discharge Elimination
System authorization issued under Texas Water Code, Chapter 26, and
if the owner or operator is diluting hazardous ignitable (D001) wastes
(other than the D001 High TOC Subcategory as defined in 40 CFR §268.40)
or reactive (D003) waste to remove the characteristic before land
disposal, must comply with the requirements in 40 CFR §264.17(b);
(6) the owner or operator of a wastewater treatment
unit, as defined in §335.1 of this title, located at a noncommercial
solid waste management facility that discharges to a publicly owned
treatment works, provided that if the owner or operator is diluting
hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory
as defined in 40 CFR §268.40) or reactive (D003) waste to remove
the characteristic before land disposal, must comply with the requirements
in 40 CFR §264.17(b);
(7) the owner or operator of a wastewater treatment
unit, as defined in §335.1 of this title, located at a municipal
solid waste facility or commercial industrial solid waste landfill
disposal facility that discharges to a publicly owned treatment works
liquid wastes that are incidental to the handling, processing, storage,
or disposal of solid wastes, provided that if the owner or operator
is diluting hazardous ignitable (D001) wastes (other than the D001
High TOC Subcategory as defined in 40 CFR §268.40) or reactive
(D003) waste to remove the characteristic before land disposal, must
comply with the requirements in 40 CFR §264.17(b);
(8) the owner or operator of a wastewater treatment
unit, as defined in §335.1 of this title, located at a commercial
industrial solid waste facility that receives waste for discharge
to a publicly owned treatment works, provided that if the owner or
operator is diluting hazardous ignitable (D001) wastes (other than
the D001 High TOC Subcategory as defined in 40 CFR §268.40) or
reactive (D003) waste to remove the characteristic before land disposal,
must comply with the requirements in 40 CFR §264.17(b), but is
subject to the permitting requirements of §335.2(n) of this title
(relating to Permit Required);
(9) the owner or operator of a facility permitted,
licensed, or registered by a state to manage municipal or industrial
solid waste, if the only hazardous waste the facility treats, stores,
or disposes of is excluded from regulation under this chapter by 40
CFR §262.14 as adopted under §335.53 of this title (relating
to General Standards Applicable to Generators of Hazardous Waste);
(10) a generator accumulating waste on-site in compliance
with applicable conditions for exemption in 40 CFR §§262.14,
262.15, 262.16, or 262.17 as adopted under §335.53 of this title
except to the extent the requirements of Subchapter E or F of this
chapter are included in 40 CFR §§262.14 - 262.17; or
(11) a reverse distributor accumulating potentially
creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, in compliance with Subchapter W of this chapter
(relating to Management Standards for Hazardous Waste Pharmaceuticals).
(e) Subchapter E of this chapter does not apply to:
(1) a very small quantity generator that meets the
conditions for exemption for a very small quantity generator in 40
CFR §262.14 as adopted under §335.53 of this title that
stores, processes, or disposes of hazardous waste on-site; or
(2) A generator accumulating waste on-site in compliance
with applicable conditions for exemption in and 40 CFR Part 262, Subparts
K and L as adopted under §335.59 and §335.60 of this title
(relating to Alternative Requirements for Hazardous Waste Determination
and Accumulation of Unwanted Material for Laboratories Owned by Eligible
Academic Entities; and Alternative Standards for Episodic Generation),
except to the extent the requirements of Subchapter E of this chapter
are included in 40 CFR Part 262, Subparts K and L.
(f) The following requirements apply to residues of
hazardous waste in containers.
(1) Subchapters B - F and O of this chapter (relating
to Hazardous Waste Management General Provisions; Standards Applicable
to Generators of Hazardous Waste; Standards Applicable to Transporters
of Hazardous Waste; Interim Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities; Permitting
Standards for Owners and Operators of Hazardous Waste, Treatment,
Storage, or Disposal Facilities; and Land Disposal Restrictions) do
not apply to any hazardous waste remaining in either an empty container
or an inner liner removed from an empty container, as defined in paragraph
(2) of this subsection. This exemption does not apply to any hazardous
waste in either a container that is not empty or an inner liner removed
from a container that is not empty.
(2) For purposes of determining whether a container
is empty under this subsection, the following provisions apply:
(A) a container or an inner liner removed from a container
that has held any hazardous waste, except a waste that is a compressed
gas or that is identified as an acute hazardous waste listed in 40
CFR §§261.31, 261.32, or 261.33(e) is empty if:
(i) all wastes have been removed that can be using
the practices commonly employed to remove materials from that type
of container, e.g., pouring, pumping, and aspirating; and
(ii) no more than 2.5 centimeters (one inch) of residue
remains on the bottom of the container or inner liner; or
(iii) no more than 3.0% by weight of the total capacity
of the container remains in the container or inner liner if the container
is less than or equal to 119 gallons in size, or no more than 0.3%
by weight of the total capacity of the container remains in the container
or inner liner if the container is greater than 119 gallons in size;
(B) a container that has held a hazardous waste that
is a compressed gas is empty when the pressure in the container approaches
atmosphere;
(C) a container or an inner liner removed from a container
that has held an acute hazardous waste listed in 40 CFR §§261.31,
261.32, or 261.33(e) is empty if:
(i) the container or inner liner has been triple rinsed
using a solvent capable of removing the commercial chemical product
or manufacturing chemical intermediate;
(ii) the container or inner liner has been cleaned
by another method that has been shown in the scientific literature,
or by tests conducted by the generator, to achieve equivalent removal;
or
(iii) in the case of a container, the inner liner that
prevented contact of the commercial chemical product or manufacturing
chemical intermediate with the container has been removed.
(D) A container of hazardous waste pharmaceuticals
is subject to §335.765 of this title (relating to Residues of
Hazardous Waste Pharmaceuticals in Empty Containers) instead of this
section for determining when it is considered empty, except as provided
by §335.765(c) and (d) of this title.
(g) Subchapters B - F and O of this chapter do not
apply to hazardous waste that is managed as a recyclable material
described in §335.24(b) and (c) of this title (relating to Requirements
for Recyclable Materials and Nonhazardous Recyclable Materials), except
to the extent that requirements of these subchapters are referred
to in Subchapter H of this chapter and Chapter 324 of this title (relating
to Used Oil Standards).
(h) Subchapters E and F of this chapter apply to owners
or operators of all facilities that treat, store, or dispose of hazardous
waste referred to in Subchapter O of this chapter.
(i) Except as provided in §335.47 of this title,
Subchapter F of this chapter does not apply to persons disposing of
hazardous waste by means of underground injection. However, Subchapter
F of this chapter does apply to the aboveground storage or processing
of hazardous waste before it is injected underground.
(j) Except as specified in Subchapter H, Division 5
of this chapter (relating to Universal Waste Rule), Subchapters B
- F and O of this chapter and Chapter 305 of this title do not apply
to universal wastes, universal waste handlers, or universal waste
transporters as defined in §335.261 of this title (relating to
Universal Waste Rule). Universal wastes are not fully regulated hazardous
wastes, but are subject to regulation under Subchapter H, Division
5 of this chapter.
|
| Source Note: The provisions of this §335.41 adopted to be effective May 28, 1986, 11 TexReg 2344; amended to be effective September 1, 1986, 11 TexReg 3695; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effective April12,2001,26TexReg 2741; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 22, 2006, 31 TexReg 1040; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective February 3, 2022, 47 TexReg 318 |
