| (1) Subchapters B - F and O of this chapter (relating
to Hazardous Waste Management General Provisions; Standards Applicable
to Generators of Hazardous Waste; Standards Applicable to Transporters
of Hazardous Waste; Interim Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities; Permitting
Standards for Owners and Operators of Hazardous Waste, Treatment,
Storage, or Disposal Facilities; and Land Disposal Restrictions) do
not apply to any hazardous waste remaining in either an empty container
or an inner liner removed from an empty container, as defined in paragraph
(2) of this subsection. This exemption does not apply to any hazardous
waste in either a container that is not empty or an inner liner removed
from a container that is not empty.
(2) For purposes of determining whether a container
is empty under this subsection, the following provisions apply:
(A) a container or an inner liner removed from a container
that has held any hazardous waste, except a waste that is a compressed
gas or that is identified as an acute hazardous waste listed in 40
CFR §§261.31, 261.32, or 261.33(e) is empty if:
(i) all wastes have been removed that can be using
the practices commonly employed to remove materials from that type
of container, e.g., pouring, pumping, and aspirating; and
(ii) no more than 2.5 centimeters (one inch) of residue
remains on the bottom of the container or inner liner; or
(iii) no more than 3.0% by weight of the total capacity
of the container remains in the container or inner liner if the container
is less than or equal to 119 gallons in size, or no more than 0.3%
by weight of the total capacity of the container remains in the container
or inner liner if the container is greater than 119 gallons in size;
(B) a container that has held a hazardous waste that
is a compressed gas is empty when the pressure in the container approaches
atmosphere;
(C) a container or an inner liner removed from a container
that has held an acute hazardous waste listed in 40 CFR §§261.31,
261.32, or 261.33(e) is empty if:
(i) the container or inner liner has been triple rinsed
using a solvent capable of removing the commercial chemical product
or manufacturing chemical intermediate;
(ii) the container or inner liner has been cleaned
by another method that has been shown in the scientific literature,
or by tests conducted by the generator, to achieve equivalent removal;
or
(iii) in the case of a container, the inner liner that
prevented contact of the commercial chemical product or manufacturing
chemical intermediate with the container has been removed.
(D) A container of hazardous waste pharmaceuticals
is subject to §335.765 of this title (relating to Residues of
Hazardous Waste Pharmaceuticals in Empty Containers) instead of this
section for determining when it is considered empty, except as provided
by §335.765(c) and (d) of this title.
(g) Subchapters B - F and O of this chapter do not
apply to hazardous waste that is managed as a recyclable material
described in §335.24(b) and (c) of this title (relating to Requirements
for Recyclable Materials and Nonhazardous Recyclable Materials), except
to the extent that requirements of these subchapters are referred
to in Subchapter H of this chapter and Chapter 324 of this title (relating
to Used Oil Standards).
(h) Subchapters E and F of this chapter apply to owners
or operators of all facilities that treat, store, or dispose of hazardous
waste referred to in Subchapter O of this chapter.
(i) Except as provided in §335.47 of this title,
Subchapter F of this chapter does not apply to persons disposing of
hazardous waste by means of underground injection. However, Subchapter
F of this chapter does apply to the aboveground storage or processing
of hazardous waste before it is injected underground.
(j) Except as specified in Subchapter H, Division 5
of this chapter (relating to Universal Waste Rule), Subchapters B
- F and O of this chapter and Chapter 305 of this title do not apply
to universal wastes, universal waste handlers, or universal waste
transporters as defined in §335.261 of this title (relating to
Universal Waste Rule). Universal wastes are not fully regulated hazardous
wastes, but are subject to regulation under Subchapter H, Division
5 of this chapter.
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| Source Note: The provisions of this §335.41 adopted to be effective May 28, 1986, 11 TexReg 2344; amended to be effective September 1, 1986, 11 TexReg 3695; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effective April12,2001,26TexReg 2741; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 22, 2006, 31 TexReg 1040; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective February 3, 2022, 47 TexReg 318 |
