| (f) No permit under this chapter shall be required
for the storage, processing, or disposal of hazardous waste by a person
described in §335.41(b) - (d) of this title (relating to Purpose,
Scope, and Applicability) or for the storage of hazardous waste under
the provisions of 40 CFR §261.4(c) and (d) as adopted under §335.504
of this title (relating to Hazardous Waste Determination).
(g) No permit under this chapter shall be required
for the storage, processing, or disposal of hazardous industrial waste
or municipal hazardous waste that is generated or collected for the
purpose of conducting treatability studies. Such samples are subject
to the requirements in 40 CFR §261.4(e) and (f) as adopted under §335.504
of this title.
(h) A person may obtain authorization from the executive
director for the storage, processing, or disposal of nonhazardous
industrial solid waste in an interim status landfill that has qualified
for interim status in accordance with 40 CFR Part 270, Subpart G,
and that has complied with the standards in Subchapter E of this chapter,
by complying with the notification and information requirements in §335.6
of this title (relating to Notification Requirements). The executive
director may approve or deny the request for authorization or grant
the request for authorization subject to conditions, which may include,
without limitation, public notice and technical requirements. A request
for authorization for the disposal of nonhazardous industrial solid
waste under this subsection shall not be approved unless the executive
director determines that the subject facility is suitable for disposal
of such waste at the facility as requested. At a minimum, a determination
of suitability by the executive director must include approval by
the executive director of construction of a hazardous waste landfill
meeting the design requirements of 40 CFR §265.301(a). In accordance
with §335.6 of this title, such person shall not engage in the
requested activities if denied by the executive director or unless
90 days' notice has been provided and the executive director approves
the request except where express executive director approval has been
obtained prior to the expiration of the 90 days. Authorization may
not be obtained under this subsection for:
(1) nonhazardous industrial solid waste, the storage,
processing, or disposal of which is expressly prohibited under an
existing permit or site development plan applicable to the facility
or a portion of the facility;
(2) polychlorinated biphenyl compounds wastes subject
to regulation by 40 CFR Part 761;
(3) explosives and shock-sensitive materials;
(4) pyrophorics;
(5) infectious materials;
(6) liquid organic peroxides;
(7) radioactive or nuclear waste materials, receipt
of which will require a license from the DSHS or the commission or
any other successor agency; and
(8) friable asbestos waste unless authorization is
obtained in compliance with the procedures established under §330.171(c)(3)(B)
- (E) of this title (relating to Disposal of Special Wastes). Authorizations
obtained under this subsection shall be effective during the pendency
of the interim status and shall cease upon the termination of interim
status, final administrative disposition of the subject permit application,
failure of the facility to operate the facility in compliance with
the standards set forth in Subchapter E of this chapter, or as otherwise
provided by law.
(i) Owners or operators of hazardous waste management
units must have permits during the active life (including the closure
period) of the unit. Owners or operators of surface impoundments,
landfills, land treatment units, and waste pile units that received
wastes after July 26, 1982, or that certified closure (according to
40 CFR §265.115) after January 26, 1983, must have post-closure
permits, unless they demonstrate closure by removal or decontamination
as provided under 40 CFR §270.1(c)(5) and (6), or obtain an order
in lieu of a post-closure permit, as provided in subsection (m) of
this section. If a post-closure permit is required, the permit must
address applicable provisions of 40 CFR Part 264, and Subchapter F
of this chapter (relating to Permitting Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities) provisions
concerning groundwater monitoring, unsaturated zone monitoring, corrective
action, and post-closure care requirements. The denial of a permit
for the active life of a hazardous waste management facility or unit
does not affect the requirement to obtain a post-closure permit under
this section.
(j) Upon receipt of the federal Hazardous and Solid
Waste Act (HSWA) authorization for the commission's Hazardous Waste
Program, the commission shall be authorized to enforce the provisions
that the EPA imposed in hazardous waste permits that were issued before
the HSWA authorization was granted.
(k) Any person who intends to conduct an activity under
subsection (d) of this section shall comply with the notification
requirements of §335.6 of this title.
(l) No permit shall be required for the management
of universal wastes by universal waste handlers or universal waste
transporters, in accordance with the definitions and requirements
of Subchapter H, Division 5 of this chapter (relating to Universal
Waste Rule).
(m) At the discretion of the commission, an owner or
operator may obtain a post-closure order in lieu of a post-closure
permit for interim status units, a corrective action management unit
unless authorized by a permit, or alternative corrective action requirements
for contamination commingled from RCRA and solid waste management
units. The post-closure order must address the facility-wide corrective
action requirements of §335.167 of this title (relating to Corrective
Action for Solid Waste Management Units) and groundwater monitoring
requirements of §335.156 of this title (relating to Applicability
of Groundwater Monitoring and Response).
(n) Except as provided in subsection (d)(9) of this
section, owners or operators of commercial industrial solid waste
facilities that receive industrial solid waste for discharge to a
publicly owned treatment works are required to obtain a permit under
this subchapter. By June 1, 2006, owners or operators of existing
commercial industrial solid waste facilities that receive industrial
solid waste for discharge to a publicly owned treatment works must
have a permit issued under this subchapter or obtain a general permit
issued under Chapter 205 of this title (relating to General Permits
for Waste Discharges) to continue operating. A general permit issued
under Chapter 205 of this title will authorize operations until a
final decision is made on the application for an individual permit
or 15 months, whichever is earlier. The general permit shall authorize
operations for a maximum period of 15 months except that authorization
may be extended on an individual basis in one-year increments at the
discretion of the executive director. Should an application for a
general permit issued under Chapter 205 of this title be submitted,
the applicant shall also submit to the commission, by June 1, 2006,
the appropriate information to demonstrate compliance with financial
assurance requirements for closure of industrial solid waste facilities
in accordance with Chapter 37, Subchapter P of this title (relating
to Financial Assurance for Hazardous and Nonhazardous Industrial Solid
Waste Facilities). Owners or operators of commercial industrial solid
waste facilities that receive industrial solid waste for discharge
to a publicly owned treatment works operating under a general permit
issued under Chapter 205 of this title shall submit an application
for a permit issued under this subchapter prior to September 1, 2006.
(o) Treatment, storage, and disposal facilities that
are otherwise subject to permitting under RCRA and that meet the criteria
in paragraphs (1) or paragraph (2) of this subsection, may be eligible
for a standard permit under Subchapter U of this chapter (relating
to Standards for Owners and Operators of Hazardous Waste Facilities
Operating Under a Standard Permit) if they satisfy one of the two
following criteria:
(1) facility generates hazardous waste and then non-thermally
treats and/or stores hazardous waste on-site; or
(2) facility receives hazardous waste generated off-site
by a generator under the same ownership as the receiving facility.
(p) No permit under this chapter shall be required
for a reverse distributor accumulating potentially creditable hazardous
waste pharmaceuticals and evaluated hazardous waste pharmaceuticals,
as defined in §335.751 of this title (relating to Definitions)
in compliance with Subchapter W of this chapter (relating to Management
Standards for Hazardous Waste Pharmaceuticals). Reverse distributors
accumulating potentially creditable hazardous waste pharmaceuticals
and evaluated hazardous waste pharmaceuticals in compliance with Subchapter
W of this chapter shall notify the executive director in accordance
with §335.6 of this title.
|
| Source Note: The provisions of this §335.2 adopted to be effective May 29, 1986, 11 TexReg 2335; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective January 5, 1988, 12 TexReg 4846; amended to be effective February 1, 1989, 14 TexReg 316; amended to be effective August 14, 1990, 15 TexReg 4397; amended to be effective November 7, 1991, 16 TexReg 6065; amended to be effective May 12, 1993, 18 TexReg 2799; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective November 29, 1995, 20 TexReg 9748; amended to be effective November 20, 1996,21 TexReg 10983; amended to be effective September 23, 1997, 22 TexReg 9252; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective September 5, 1999, 24 TexReg 6790; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective February 22, 2006, 31 TexReg 1040; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg 978; amended to be effective June 11, 2020, 45 TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318 |
