| (45) In 40 CFR §273.81(a), the reference to "40
CFR §260.10" is changed to "§335.1 of this title (relating
to Definitions) and the reference to "§273.9" is changed to "§335.261(b)(19)(F)
of this title (relating to Universal Waste Rule)."
(c) Except as provided in paragraph (4) of this subsection,
any person seeking to add a hazardous waste or a category of hazardous
waste to the universal waste rule may file a petition for rulemaking
under this section, §20.15 of this title, and 40 CFR Part 273,
Subpart G as adopted by reference in this section.
(1) To be successful, the petitioner must demonstrate
to the satisfaction of the commission that regulation under the universal
waste rule: is appropriate for the waste or category of waste; will
improve management practices for the waste or category of waste; and
will improve implementation of the hazardous waste program. The petition
must include the information required by §20.15 of this title.
The petition should also address as many of the factors listed in
40 CFR §273.81 as are appropriate for the waste or category of
waste addressed in the petition.
(2) The commission will grant or deny a petition using
the factors listed in 40 CFR §273.81. The decision will be based
on the commission's determinations that regulation under the universal
waste rule is appropriate for the waste or category of waste, will
improve management practices for the waste or category of waste, and
will improve implementation of the hazardous waste program.
(3) The commission may request additional information
needed to evaluate the merits of the petition.
(4) Hazardous waste pharmaceuticals are regulated under
Subchapter W of this chapter (relating to Management Standards for
Hazardous Waste Pharmaceuticals) and may not be added as a category
of hazardous waste for management under this section.
(d) Any waste not qualifying for management under this
section must be managed in accordance with applicable state regulations.
(e) Crushing lamps is permissible only in a crushing
system for which the following control conditions are met:
(1) an exposure limit of no more than 0.05 milligrams
of mercury per cubic meter is demonstrated through sampling and analysis
using Occupational Safety and Health Administration (OSHA) Method
ID-140 or National Institute for Occupational Safety and Health Method
Number 6009, based on an eight-hour time-weighted average of samples
taken at the breathing zone height near the crushing system operating
at the maximum expected level of activity;
(2) compliance with the notification requirements of §106.262
of this title (relating to Facilities (Emission and Distance Limitations)
(Previously SE 118)) is demonstrated;
(3) documentation of the demonstrations under paragraphs
(1) and (2) of this subsection is provided in a written report to
the executive director; and
(4) the executive director approves the crushing system
|Source Note: The provisions of this §335.261 adopted to be effective July 16, 1997, 22 TexReg 6457; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective October 24, 1999, 24 TexReg 9293; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effective August 3, 2006, 31 TexReg 6048; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective January 8, 2015, 40 TexReg 77; amended to be effective June 11, 2020, 45 TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318