| (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. (3) Centralized Collection of Hazardous Oil and Gas Waste. (A) Centralized Waste Collection Facility. Provided that the requirements of this paragraph are met, a person may maintain at a CWCF hazardous oil and gas waste that is generated: (i) by that person; and (ii) at sites where that person is considered a CESQG under the provisions of this section. (B) Prior to receipt of oil and gas hazardous waste generated off-site, a person who operates a CWCF must register with the commission by filing with the commission a notice that includes the following information: (i) a map showing the location of the CWCF and each individual hazardous oil and gas waste generation site that may contribute waste to the collection facility. In lieu a map, the person who operates the CWCF may provide to the commission the name and lease number, field name and number, or other identifying information acceptable to the commission, of the CWCF and each generation site that may contribute waste to the collection facility; (ii) the person's P-5 operator number; and (iii) the EPA ID number for the CWCF, if any. (C) All hazardous oil and gas waste received at the CWCF must be kept in closed containers that are marked with the words "Hazardous Waste." (D) A person operating a CWCF shall not maintain at the CWCF at any one time more than 5,000 kilograms of hazardous oil and gas waste or more than five quarts of any hazardous oil and gas waste that is listed in 40 CFR, §261.33(e) (acute hazardous waste). (n) EPA ID Numbers. (1) Generators. No LQG or SQG may transport or offer for transportation any hazardous oil and gas waste until such generator has obtained an EPA ID number by filing the prescribed form (currently EPA Form 8700-12) with the commission. (2) Transporters. No LQG or SQG may allow his or her hazardous oil and gas waste to be transported by a transporter that does not have an EPA ID number. (3) Treatment, Storage, or Disposal Facilities. Except in the case of facilities specified in subsection (m)(2)(A)(iii), (vi), and (v) of this section, no LQG or SQG may send his or her hazardous oil and gas waste to a treatment, storage, or disposal facility unless that facility: (A) is a designated facility as defined in this section; and (B) has an EPA ID number. (o) Manifests. (1) General Requirements. (A) Except as provided in subsection (o)(1)(E) of this section, each time an LQG or SQG transports hazardous oil and gas waste or offers hazardous oil and gas waste for transportation to an authorized facility, such generator must prepare a manifest form. If the waste was generated in the State of Texas and is being transferred to an authorized facility located within the State of Texas, the generator shall use the form prescribed by the TCEQ. If the authorized facility is located outside the State of Texas, the generator must refer to subsection (o)(2) of this section to determine which manifest form to use. (B) The generator must specify on the manifest one authorized facility to handle the hazardous oil and gas waste described on the manifest (the "primary designated facility"). (C) The generator may also specify on the manifest one alternate authorized facility to handle the hazardous oil and gas waste (the "alternate designated facility") in the event an emergency prevents delivery of the hazardous oil and gas waste to the primary designated facility. (D) If the transporter is unable to deliver the hazardous oil and gas waste to the primary designated facility or the alternate designated facility, the generator must either specify another authorized facility to which the hazardous oil and gas waste can be delivered or instruct the transporter to return the hazardous oil and gas waste to the generator. If the generator specifies another authorized facility to which the hazardous oil and gas waste can be delivered, the generator shall instruct the transporter to revise the manifest to show this facility as the designated facility (see subsection (w)(6) of this section relating to transporter's inability to deliver waste). (E) An SQG is not required to comply with the provisions of this subsection (relating to manifests) if: Cont'd... |
