| (43) On-site--At the generation site. (44) Operator--The person responsible for the overall operation of a facility. (45) Owner--The person who owns a facility or part of a facility. (46) P-5 operator number--The number assigned by the commission to each person who conducts any of the activities specified in §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements) within the State of Texas. (47) Person--An individual, firm, joint stock company, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. (48) Pressure maintenance plant or repressurizing plant--A plant for processing natural gas for reinjection (for reservoir pressure maintenance or repressurizing) in a natural gas recycling project. These terms do not include a compressor station along a natural gas pipeline system or a pump station along a crude oil pipeline system. (49) Primary exporter--Any person who is required to originate the manifest for a shipment of hazardous waste in accordance with 40 CFR, Part 262, Subpart B, or equivalent state provision, that identifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export. (50) Receiving country--A foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal (except short-term storage incidental to transportation). (51) Reclaim--To process to recover a usable product or to regenerate. (52) Recycle--To beneficially use, reuse, or reclaim hazardous waste. (53) Reportable quantity--The quantity of a hazardous substance released in a 24-hour period that must be reported under the provisions of 40 CFR, Part 117 (for spills to water) or Part 302 (any spill). (54) Resource Conservation and Recovery Act or RCRA--The federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 USC §6901, et seq. (55) Reuse--To employ hazardous waste as an ingredient in an industrial process to make a product (other than recovery of distinct components of hazardous waste as separate end products) or effective substitution of hazardous waste for a commercial product used in a particular function or application. (56) Sludge--Any solid, semi-solid, or liquid waste generated from a wastewater treatment plant or water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant. (57) Solid waste--Any waste identified in 40 CFR, §261.2. (58) Solution mined brine--Brine extracted from a subsurface salt formation through dissolution of salt in the formation. (59) SQG--A small quantity generator, as described in subsection (f)(2) of this section (relating to generator classification and accumulation time). (60) State--Any of the 50 states that compose the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. (61) Storage--The holding of hazardous waste for a temporary period (excluding storage at the site of generation during the applicable accumulation time period specified in subsection (f) of this section), at the end of which the hazardous waste is recycled, reclaimed, treated, disposed of, or stored elsewhere. (62) Tank--A stationary device designed to contain an accumulation of hazardous waste that is constructed primarily of non-earthen materials (e. g., wood, concrete, steel, plastic) that provide structural support. (63) Tank system--A tank and its associated ancillary equipment and containment system. (64) TCEQ--The Texas Commission on Environmental Quality or its successor agencies. (65) Totally enclosed treatment facility--A facility for the treatment of hazardous waste that is directly connected to an industrial production process and that is constructed and operated in a manner that prevents the release of any hazardous waste or hazardous waste constituent into the environment during treatment (e.g., a pipe in which waste acid is neutralized). (66) Transfer facility--Any transportation-related facility including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (67) Transport vehicle--A motor vehicle or rail car used for the transportation of cargo. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle. (68) Transportation--The movement of hazardous waste by air, rail, highway, or water. (69) Transporter--A person engaged in the off-site transportation of hazardous waste. (70) Treatment--Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, to recover energy or material resources from the waste, or to render such waste non-hazardous or less hazardous, safer to transport, store, or dispose of, amenable for recovery or storage, or reduced in volume. The term does not include any activity that might otherwise be considered treatment that is exempt from regulation under this section (such as neutralization of caustic or acidic fluids in an elementary neutralization unit). (71) TCEQ-Form 0311--The TCEQ Uniform Hazardous Waste Manifest form. This form can be obtained from the commission. (72) United States--The 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (73) Used Oil--Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. (74) Vessel--Every description of watercraft used or capable of being used as a means of transportation on the water. The term does not include a structure that is or is designed to be, permanently affixed to one location, or a drilling or workover vessel that is stationary or fixed for the performance of its primary function. (75) Waste--Any solid waste, as that term is defined in 40 CFR, §261.2. (76) Wastewater treatment unit--A device (such as a hydrostatic test water treatment unit) that: (A) is a tank or tank system comprising part of a wastewater treatment facility that is subject to regulation under either §§402 or 307(b) of the Clean Water Act, 33 USC §§1342 or 1317(b); and (B) receives and treats or stores an influent wastewater that is a hazardous waste, that generates and accumulates a wastewater treatment sludge that is a hazardous waste, or treats or stores a wastewater treatment sludge that is a hazardous waste. (77) Water (bulk shipment)--The bulk transportation of hazardous waste that is loaded or carried on board a vessel without containers or labels. (c) Applicability. (1) General. (A) This section applies to any person who generates hazardous oil and gas waste and to any person who transports hazardous oil and gas waste. (B) An owner or operator of a treatment, storage, or disposal facility regulated by the TCEQ's industrial and hazardous waste program, shall be subject to the standards for generators of hazardous waste found in Title 30, Texas Administrative Code, Chapter 335, Subchapter C (TCEQ standards for generators) if the facility generates a new waste that contains hazardous oil and gas waste and waste regulated by the TCEQ's industrial and hazardous waste program. (2) Requirements Cumulative. The provisions of this section are in addition to applicable provisions contained in any other section, order, policy, rule, or statutory authority of the commission. In the event of a conflict between this section and any other section, order, policy, or rule of the commission, this section shall control. (d) General Prohibitions. No person may cause, suffer, allow, or permit the collection, handling, storage, transportation, treatment, or disposal of hazardous oil and gas waste in a manner that would violate the provisions of this section. (e) Hazardous Waste Determination. (1) Determination. A person who generates a waste shall determine if such waste is hazardous oil and gas waste as provided in this subsection. A hazardous oil and gas waste is a waste that: (A) is defined in subsection (b) of this section (relating to definitions) as an oil and gas waste; (B) is not described in 40 CFR, §261.4(a) (which describes wastes that are not considered solid wastes); (C) is not described in 40 CFR, §261.4(b) (which describes solid wastes that are exempt from regulation under RCRA Subtitle C); and (D) is identified as a hazardous waste either: (i) in 40 CFR, Part 261, Subpart D (regarding listed hazardous wastes); or (ii) in 40 CFR, Part 261, Subpart C (regarding characteristically hazardous wastes), as determined either: (I) by testing the waste: (-a-) in accordance with methods described in 40 CFR, Part 261, Subpart C; or (-b-) in accordance with an equivalent method approved by the administrator under 40 CFR, §260.21; or (II) by applying knowledge of the hazard characteristics of the waste in light of the materials or processes used. (2) Land Ban. Each LQG and SQG shall determine whether the hazardous oil and gas waste it generates is prohibited from land disposal under the provisions of 40 CFR, Part 268. If the waste is prohibited from land disposal, the LQG or SQG must comply with all applicable provisions of 40 CFR, Part 268 (concerning management of land ban wastes) prior to disposing of such waste. (3) Exclusions and Exemptions. (A) Notwithstanding the provisions of subsection (e)(1) of this section, in the event the administrator determines, in accordance with the provisions of 40 CFR, §260.22, that a particular oil and gas waste that is considered a hazardous oil and gas waste because it meets criteria set out in subsection (e)(1)(D)(i) of this section (relating to listed hazardous wastes) should not be considered a hazardous waste, such waste shall be exempt from regulation under this section. (B) Notwithstanding the provisions of subsection (e)(1) of this section the following are exempt from regulation under this section: (i) any oil and gas waste described in 40 CFR, §261.6(a)(2) (concerning recyclable materials) that is managed as provided in applicable provisions of 40 CFR, Part 266, Subparts C - H, and 40 CFR, Parts 270 and 124; (ii) any oil and gas waste described and recycled, reclaimed, or reused as provided in 40 CFR, §261.6(a)(3) (concerning recyclable materials); (iii) used oil that is not considered a hazardous waste under the provisions of 40 CFR, §279.10(b) and that is managed as provided in 40 CFR, Part 279; (iv) dielectric fluid containing polychlorinated biphenyls (PCBs) and electric equipment containing such fluid that are regulated under 40 CFR, Part 761 and that are hazardous only because they exhibit the characteristic of toxicity for D018-D043 under the test required under subsection (e)(1)(D)(ii) of this section (relating to characteristically hazardous wastes); (v) debris, as that term is defined in 40 CFR, §268.2, that is an oil and gas waste: (I) that contains or contained a hazardous oil and gas waste listed in 40 CFR, Part 261, Subpart D or that exhibits or exhibited a hazardous waste characteristic identified in 40 CFR, Part 261, Subpart C; and (II) that has been treated using one of the required destruction technologies specified in Table 1 of 40 CFR, §268.45 or that is determined by the administrator to be no longer contaminated with hazardous oil and gas waste; and (vi) hazardous oil and gas waste remaining in an empty container. (f) Generator Classification and Accumulation Time. (1) Conditionally Exempt Small Quantity Generator. (A) To be classified as a conditionally exempt small quantity generator (CESQG) during any calendar month, a generator of hazardous oil and gas waste must: (i) generate no more than 100 kilograms (220.46 pounds) of hazardous oil and gas waste in that calendar month; and (ii) accumulate no more than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste on-site at any one time. (B) Except as provided in subsection (f)(5) of this section, a CESQG must comply with all requirements of this section applicable to CESQGs. (C) If a CESQG generates in one calendar month, or accumulates on-site at any one time, more than a total of one kilogram (2.20 pounds) of any acute hazardous waste listed in 40 CFR, §261.31, 261.32 or 261.33(e) or a total of 100 kilograms (220.46 pounds) of contaminated media resulting from the clean up of a discharge into or on any land or water of any acute hazardous waste listed in 40 CFR, §261.31, 261.32, or 261.33(e), all such acute hazardous wastes must be managed as though generated by an Cont'd... |
