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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 3OIL AND GAS DIVISION
RULE §3.98Standards for Management of Hazardous Oil and Gas Waste

LQG. The LQG accumulation time period for such acute hazardous wastes shall begin at such time as the maximum quantity specified in this subparagraph is exceeded.

  (2) Small Quantity Generator.

    (A) To be classified as a small quantity generator (SQG) in any calendar month, a generator of hazardous oil and gas waste must:

      (i) generate less than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste in that calendar month;

      (ii) not allow any particular quantity of hazardous oil and gas waste to remain on-site for a period of more than:

        (I) 180 days from the date that particular quantity was generated; or

        (II) 270 days from the date that particular quantity was generated, but only if the waste must be transported or offered for transport to a treatment, storage, or disposal facility that is located a distance of 200 miles or more from the point of generation; and

      (iii) not accumulate more than 6,000 kilograms (13,227.60 pounds) of hazardous oil and gas waste on-site at any one time.

    (B) An SQG must accumulate all hazardous oil and gas waste in tanks or containers that meet the requirements of this section and, except as provided in subsection (f)(5) of this section, comply with all requirements of this section applicable to SQGs.

    (C) The accumulation period specified in subsection (f)(2)(A)(ii) of this section may be extended an additional 30 days if the commission, at its sole discretion, determines that unforeseen, temporary, and uncontrollable circumstances require that hazardous oil and gas waste remain on-site for a longer time period.

  (3) Large Quantity Generators.

    (A) Any generator of hazardous oil and gas waste not classified as a CESQG or SQG is classified as a large quantity generator (LQG).

    (B) An LQG must accumulate hazardous oil and gas waste in tanks or containers that meet the requirements of this section and, except as provided in subsection (f)(5) of this section, comply with all other requirements of this section applicable to LQGs.

    (C) An LQG shall not accumulate any particular quantity of hazardous oil and gas waste on-site for more than 90 days from the date that particular quantity was generated, unless an extension to such 90-day period has been granted in accordance with the provisions of subsection (f)(4)(D) of this section.

    (D) The 90-day accumulation period specified in subsection (f)(4)(C) of this section may be extended an additional 30 days if the commission, at its sole discretion, determines that unforeseen, temporary, and uncontrollable circumstances require that hazardous oil and gas waste remain on-site for longer than 90 days.

  (4) Accumulation in Containers at the Point of Generation.

    (A) Notwithstanding the foregoing provisions of subsection (f) of this section, an LQG or SQG may accumulate in containers up to 55 gallons of hazardous oil and gas waste or a total of one quart of acute hazardous wastes listed in 40 CFR, §261.33(e) without having to manage such hazardous oil and gas waste in accordance with the accumulation time limits applicable to LQGs or SQGs or with the provisions of subsections (q) (relating to preparedness and prevention), (r) (relating to contingency plan and emergency procedures), (s) (relating to personnel training), (t) (relating to standards for use of containers), and (u) (standards for use of tank systems) of this section, provided that the requirements of subsection (f)(4)(B) of this section are met.

    (B) All hazardous oil and gas waste subject to the exemption of subsection (f)(4)(A) of this section must be accumulated in containers that:

      (i) are at a location that is:

        (I) under the control of the generator; and

        (II) at or near the point of generation;

      (ii) meet the applicable requirements of 40 CFR, §§265.171, 265.172, and 265.173(a) (concerning container condition, compatibility of waste with container, and closing containers); and

      (iii) are marked with the words "Hazardous Waste" or with other words that identify the contents of the containers.

    (C) If the amount of hazardous waste accumulated on-site at or near the point of generation exceeds the maximum amount specified in subsection (f)(4)(A) of this section, the generator must, with respect to such excess waste, comply with all applicable provisions of this section within three days of the date that such maximum amount is exceeded.

  (5) Episodic Generation. Except as otherwise provided in this paragraph, if a generator's classification varies from one month to another, the hazardous oil and gas waste generated during any particular month shall be managed in accordance with the requirements applicable to the generator's classification for that month.

    (A) If hazardous oil and gas waste generated by a generator who is classified as a CESQG during a particular month is mixed with waste generated in a month during which the generator is considered an LQG, the mixture shall be managed in accordance with the standards applicable to LQGs.

    (B) If hazardous oil and gas waste generated by a generator who is classified as a CESQG during a particular month is mixed with waste generated in a month during which the generator is considered an SQG, the mixture shall be managed in accordance with the standards applicable to SQGs.

    (C) If hazardous oil and gas waste generated by a generator who is classified as an SQG during a particular month is mixed with waste generated in a month during which the generator is considered an LQG, the mixture shall be managed in accordance with the standards applicable to LQGs.

(g) Notification. A person who is considered an LQG or SQG under the provisions of this section must notify the commission of the activities of such person that are subject to the provisions of this section and obtain an EPA ID number by filing the prescribed form (currently EPA Form 8700-12) with the commission. Such notification must be made upon the later of 90 days after the effective date of this section or within ten days of the date that the LQG or SQG becomes subject to the provisions of this section.

(h) Preparedness and Prevention.

  (1) General. In addition to all other applicable requirements of this section, all generators of hazardous oil and gas waste shall employ reasonable and appropriate measures (considering the nature and location of the facility and the types and quantities of hazardous oil and gas waste maintained at the site) in the operation and maintenance of his or her generation site to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous oil and gas wastes or hazardous oil and gas waste constituents to air, soil, or surface water that could threaten human health or the environment.

  (2) LQGs and SQGs. LQGs and SQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart C (concerning preparedness and prevention).

(i) Contingency Plan and Emergency Procedures.

  (1) LQGs. LQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart D (concerning contingency plan and emergency procedures).

  (2) SQGs. SQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions of 40 CFR, §262.34(d)(5) (concerning emergency response).

(j) Personnel Training. LQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions applicable to owners or operators of 40 CFR, §265.16 (concerning personnel training).

(k) Standards for Use of Containers.

  (1) LQGs. LQGs accumulating hazardous oil and gas waste in containers must:

    (A) comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart I (concerning use and management of containers);

    (B) clearly mark each container being used to accumulate hazardous oil and gas waste on-site, in a manner and location visible for inspection, with the date accumulation of such hazardous oil and gas waste begins; and

    (C) clearly label or mark each container being used to accumulate hazardous oil and gas waste on-site with the words "Hazardous Waste."

  (2) SQGs. SQGs accumulating hazardous oil and gas waste in containers must:

    (A) comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart I, except §265.176 (concerning distance from property lines);

    (B) clearly mark each container being used to accumulate hazardous oil and gas waste on-site, in a manner and location visible for inspection, with the date accumulation of such hazardous oil and gas waste begins; and

    (C) clearly label or mark each container being used to accumulate hazardous oil and gas waste on-site with the words "Hazardous Waste."

  (3) CESQGs. The provisions of this paragraph apply to CESQGs only.

    (A) Hazardous oil and gas waste generated by a CESQG may be mixed with non-hazardous waste even though the resultant mixture exceeds the quantity limitations of subsection (f)(1) of this section, unless the mixture exhibits any of the hazardous waste characteristics of the hazardous oil and gas waste in the mixture, as determined under subsection (e)(1)(D)(ii) of this section.

    (B) If a CESQG's wastes are mixed with used oil, the mixture is subject to the requirements 40 CFR, Part 279 if the mixture is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery.

(l) Standards for Use of Tank Systems.

  (1) LQGs. LQGs accumulating hazardous oil and gas waste in tanks must:

    (A) comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart J, except §265.197(c) and §265.200;

    (B) comply with the provisions applicable to owners or operators of 40 CFR, §265.111 and §265.114 (concerning closure performance standards and disposal of contaminated equipment and media); and

    (C) clearly label or mark each tank being used to accumulate hazardous oil and gas waste with the words "Hazardous Waste."

  (2) SQGs. SQGs accumulating hazardous oil and gas waste in tanks must:

    (A) comply with the provisions of 40 CFR, §265.201 (concerning accumulation of waste in tanks by small quantity generators); and

    (B) clearly label or mark each tank being used to accumulate hazardous oil and gas waste with the words "Hazardous Waste."

(m) Disposition of Hazardous Oil and Gas Waste.

  (1) On-site Treatment, Storage, Disposal, Recycling, and Reclamation. Except as otherwise specifically provided in this section, no person may treat, store, dispose of, recycle, or reclaim any hazardous oil and gas waste on-site.

  (2) Transport to Authorized Facility.

    (A) Except as otherwise specifically provided in this section and subject to all other applicable requirements of state or federal law, a generator of hazardous oil and gas waste must send his or her waste to one of the following categories of facilities for treatment, storage, disposal, recycling, or reclamation:

      (i) an authorized recycling or reclamation facility;

      (ii) an authorized treatment, storage, or disposal facility;

      (iii) a facility located outside the United States, provided that the requirements of subsection (v)(1) of this section (relating to exports of hazardous waste) are met;

      (iv) a transfer facility, provided that the requirements of subsection (w)(3) of this section are met;

      (v) if the waste is generated by a CESQG, a facility permitted, licensed, or registered by a state to manage municipal or industrial solid waste; or

      (vi) if the waste is generated by a CESQG, a centralized waste collection facility (CWCF) that meets the requirements of subsection (m)(3) of this section.

    (B) Notwithstanding any contrary provision of this subsection, hazardous oil and gas wastes may be treated or stored on-site in an elementary neutralization unit or a totally enclosed treatment facility. If a hazardous oil and gas waste that is ignitable under 40 CFR, §261.21 (other than DOO1 High TOC Subcategory wastes defined in 40 CFR, §268.42, Table 2) or that is corrosive under 40 CFR, §261.22 is being treated in an elementary neutralization unit or a wastewater treatment unit to remove the characteristic before land disposal, the owner or operator must comply with the requirements of 40 CFR, §264.17(b).

    (C) While waste is being accumulated on-site in accordance with the provisions of subsection (f) of this section, a generator may treat hazardous oil and gas waste on-site in tanks or containers that comply with the applicable provisions of subsections (k) and (l) of this section.

    (D) For purposes of §3.8(f)(1)(C)(vi) of this title (relating to Water Protection), the manifest for shipment of hazardous oil and gas waste to a designated facility (a facility designated on the manifest by the generator pursuant to the provisions of subsection (o)(1) of this section) shall be deemed commission authorization for disposal at a facility permitted by another agency or another state.

Cont'd...

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