| (a) The following regulations contained in 40 Code
of Federal Regulations (CFR) Part 267 (including all appendices to
40 CFR Part 267) are adopted by reference as amended in the Federal Register through September 8, 2005
(70 FR 53420) and as further amended and adopted as indicated in each
paragraph of this subsection:
(1) 40 CFR Part 267, Subpart B--General Facility Standards;
(2) 40 CFR Part 267, Subpart C--Preparedness and Prevention;
(3) 40 CFR Part 267, Subpart D--Contingency Plan and
Emergency Procedures;
(4) 40 CFR Part 267, Subpart E--Recordkeeping, Reporting,
and Notifying (as amended in the Federal
Register through November 28, 2016 (81 FR 85732);
(5) 40 CFR Part 267, Subpart F--Releases from Solid
Waste Management Units;
(6) 40 CFR Part 267, Subpart G--Closure;
(7) 40 CFR Part 267, Subpart I--Use and Management
of Containers;
(8) 40 CFR Part 267, Subpart J--Tank Systems;
(9) 40 CFR Part 267, Subpart DD--Containment buildings;
and
(10) 40 CFR §267.142, concerning Cost estimate
for closure.
(b) The regulations of the United States Environmental
Protection Agency (EPA) that are adopted by reference in this section
are adopted subject to the following changes.
(1) The term "regional administrator" is changed to
the "executive director" of the Texas Commission on Environmental
Quality or to the commission, consistent with the organization of
the commission as set out in Texas Water Code, Chapter 5, Subchapter
B.
(2) Reference to:
(A) 40 CFR Part 261 is changed to §335.504 of
this title (relating to Hazardous Waste Determination);
(B) 40 CFR Part 262 is changed to Subchapter C of this
chapter (relating to Standards Applicable to Generators of Hazardous
Waste);
(C) 40 CFR §264.1 is changed to §335.151
of this title (relating to Purpose, Scope, and Applicability);
(D) Reference to 40 CFR Part 264, Subpart D is changed
to §335.152(a)(3) of this title (relating to Standards) and §335.153
of this title (relating to Reporting of Emergency Situations by Emergency
Coordinator);
(E) 40 CFR Part 264, Subpart S is changed to §335.152(a)(14)
of this title;
(F) 40 CFR Part 265 is changed to Subchapter E of this
chapter (relating to Interim Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities);
(G) 40 CFR Part 268 is changed to Subchapter O of this
chapter (relating to Land Disposal Restrictions);
(H) 40 CFR Part 270, Subpart J is changed to Chapter
305, Subchapter R of this title (relating to Resource Conservation
and Recovery Act Standard Permits for Storage and Treatment Units);
(I) 40 CFR §262.16 or §262.17 are changed
to §335.53 of this title (relating to General Standards Applicable
to Generators of Hazardous Waste);
(J) 40 CFR §264.101 is changed to §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units); and
(K) Reference to "standardized permit" is changed to
"standard permit".
(3) 40 CFR Parts 260 - 270 means the commission's rules
including, but not limited to, Chapters 50, 305, and 335 of this title
(relating to Action on Applications and Other Authorizations; Consolidated
Permits; and Industrial Solid Waste and Municipal Hazardous Waste,
respectively), as applicable.
(c) An owner or operator of a unit that treats, stores,
or disposes of hazardous waste in tanks, containers, and containment
buildings authorized by a standard permit as specified in this section
shall establish and maintain financial assurance in accordance with
Chapter 37, Subchapter P of this title (relating to Financial Assurance
for Hazardous and Nonhazardous Industrial Solid Waste Facilities).
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| Source Note: The provisions of this §335.602 adopted to be effective October 29, 2009, 34 TexReg 7321; amended to be effective June 16, 2016, 41 TexReg 4259; amended to be effective June 11, 2020, 45 TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318 |
