| Recordation of Waste Disposal), prior
to sale or other conveyance of the property;
(iii) waste materials which result from "Activities
associated with the exploration, development, or production of oil
or gas or geothermal resources," as those activities are defined in
this section, and any other substance or material regulated by the
Railroad Commission of Texas in accordance with the Texas Natural
Resources Code, §91.101, unless such waste, substance, or material
results from activities associated with gasoline plants, natural gas,
or natural gas liquids processing plants, pressure maintenance plants,
or repressurizing plants and is a hazardous waste as defined by the
administrator of the United States Environmental Protection Agency
(EPA) in accordance with the federal Solid Waste Disposal Act, 42
United States Code, §§6901 et seq., as
amended;
(iv) a material excluded by 40 Code of Federal Regulations
(CFR) §§261.4(a), 261.39, or 261.40, as adopted under §335.504
of this title (relating to Hazardous Waste Determination), subject
to the changes in this clause, by variance, or by non-waste determination
granted under §335.18 of this title (relating to Non-Waste Determinations
and Variances from Classification as a Solid Waste), §335.19
of this title (relating to Standards and Criteria for Variances from
Classification as a Solid Waste), §335.21 of this title (relating
to Procedures for Variances from Classification as a Solid Waste or
To Be Classified as a Boiler or for Non-Waste Determinations), and §335.32
of this title (relating to Standards and Criteria for Non-Waste Determinations).
For the purposes of the exclusions under 40 CFR §261.39 and §261.40,
40 CFR §261.41 is adopted by reference under §335.504 of
this title; or
(v) recoverable feedstocks that are processed through
pyrolysis or gasification at a pyrolysis facility or gasification
facility, where the primary function of the facility is to convert
recoverable feedstocks into materials that have a resale value greater
than the cost of processing the recoverable feedstock for subsequent
beneficial use and where solid waste generated from converting recoverable
feedstock is disposed of at an authorized solid waste management facility.
(B) A discarded material is any material which is:
(i) abandoned, as explained in subparagraph (C) of
this paragraph;
(ii) recycled, as explained in subparagraph (D) of
this paragraph;
(iii) considered inherently waste-like, as explained
in subparagraph (E) of this paragraph; or
(iv) a military munition identified as a solid waste
in 40 CFR §266.202.
(C) Materials are solid wastes if they are abandoned
by being:
(i) disposed of;
(ii) burned or incinerated;
(iii) accumulated, stored, or processed (but not recycled)
before or in lieu of being abandoned by being disposed of, burned,
or incinerated; or
(iv) sham recycling as explained in subparagraph (J)
of this paragraph.
(D) Except for materials described in subparagraph
(H) of this paragraph, materials are solid wastes if they are "recycled"
or accumulated, stored, or processed before recycling as specified
in this subparagraph. The chart referred to as Table 1 in Figure:
30 TAC §335.1(160)(D)(iv) indicates only which materials are
considered to be solid wastes when they are recycled and is not intended
to supersede the definition of "Solid waste" provided in subparagraph
(A) of this paragraph.
(i) Used in a manner constituting disposal. Materials
noted with an asterisk in Column 1 of Table 1 in Figure: 30 TAC §335.1(160)(D)(iv)
are solid wastes when they are:
(I) applied to or placed on the land in a manner that
constitutes disposal; or
(II) used to produce products that are applied to or
placed on the land or are otherwise contained in products that are
applied to or placed on the land (in which cases the product itself
remains a solid waste). However, commercial chemical products listed
in 40 CFR §261.33 are not solid wastes if they are applied to
the land and that is their ordinary manner of use.
(ii) Burning for energy recovery. Materials noted with
an asterisk in Column 2 of Table 1 in Figure: 30 TAC §335.1(160)(D)(iv)
are solid wastes when they are:
(I) burned to recover energy; or
(II) used to produce a fuel or are otherwise contained
in fuels (in which cases the fuel itself remains a solid waste). However,
commercial chemical products, which are listed in 40 CFR §261.33,
not listed in §261.33, but that exhibit one or more of the hazardous
waste characteristics, or will be considered nonhazardous waste if
disposed, are not solid wastes if they are fuels themselves and burned
for energy recovery.
(iii) Reclaimed. Materials noted with an asterisk in
Column 3 of Table 1 are solid wastes when reclaimed (unless they meet
the requirements of 40 CFR §261.4(a)(17), (23), (24), or (27)).
Materials without an asterisk in Column 3 of Table 1 in Figure: 30
TAC §335.1(160)(D)(iv) are not solid wastes when reclaimed.
(iv) Accumulated speculatively. Materials noted with
an asterisk in Column 4 of Table 1 in Figure: 30 TAC §335.1(160)(D)(iv)
are solid wastes when accumulated speculatively.
Attached Graphic
(E) Materials that are identified by the administrator
of the EPA as inherently waste-like materials under 40 CFR §261.2(d)
are solid wastes when they are recycled in any manner.
(F) Materials are not solid wastes when they can be
shown to be recycled by being:
(i) used or reused as ingredients in an industrial
process to make a product, provided the materials are not being reclaimed;
(ii) used or reused as effective substitutes for commercial
products;
(iii) returned to the original process from which they
were generated, without first being reclaimed or land disposed. The
material must be returned as a substitute for feedstock materials.
In cases where the original process to which the material is returned
is a secondary process, the materials must be managed such that there
is no placement on the land. In cases where the materials are generated
and reclaimed within the primary mineral processing industry, the
conditions of the exclusion found at 40 CFR §261.4(a)(17) apply
rather than this provision; or
(iv) secondary materials that are reclaimed and returned
to the original process or processes in which they were generated
where they are reused in the production process provided:
(I) only tank storage is involved, and the entire process
through completion of reclamation is closed by being entirely connected
with pipes or other comparable enclosed means of conveyance;
(II) reclamation does not involve controlled flame
combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(III) the secondary materials are never accumulated
in such tanks for over 12 months without being reclaimed; and
(IV) the reclaimed material is not used to produce
a fuel, or used to produce products that are used in a manner constituting
disposal.
(G) Except for materials described in subparagraph
(H) of this paragraph, the following materials are solid wastes, even
if the recycling involves use, reuse, or return to the original process,
as described in subparagraph (F) of this paragraph:
(i) materials used in a manner constituting disposal,
or used to produce products that are applied to the land;
(ii) materials burned for energy recovery, used to
produce a fuel, or contained in fuels;
(iii) materials accumulated speculatively; or
(iv) materials deemed to be inherently waste-like by
the administrator of the EPA, as described in 40 CFR §261.2(d)(1)
and (2).
(H) With the exception of contaminated soils which
are being relocated for use under §350.36 of this title (relating
to Relocation of Soils Containing Chemicals of Concern for Reuse Purposes)
and other contaminated media, materials that will otherwise be identified
as nonhazardous solid wastes if disposed of are not considered solid
wastes when recycled by being applied to the land or used as ingredients
in products that are applied to the land, provided these materials
can be shown to meet all of the following criteria:
(i) a legitimate market exists for the recycling material
as well as its products;
(ii) the recycling material is managed and protected
from loss as will be raw materials or ingredients or products;
(iii) the quality of the product is not degraded by
substitution of raw material/product with the recycling material;
Cont'd... |
