| (a) The following regulations contained in 40 Code
of Federal Regulations (CFR) Part 266 (including all appendices to
40 CFR Part 266) are adopted by reference, as amended and adopted
in the CFR through April 8, 2008 (73 FR 18970), except as noted in
this section:
(1) 40 CFR §266.100--Applicability (as amended
through July 14, 2006 (71 FR 40254)), except 40 CFR §266.100(c);
and reference to "the applicable requirements of subparts A through
H, BB, and CC of parts 264 and 265 of this chapter" is changed to
"the applicable requirements of §§335.111 of this title
(relating to Purpose, Scope, and Applicability), 335.112(a)(1) - (7),
(20), and (21) of this title (relating to Standards), 335.151 of this
title (relating to Purpose, Scope, and Applicability), and 335.152(a)(1)
- (6), (18), and (19) of this title (relating to Standards)";
(2) 40 CFR §266.102(a)--Permit Standards for Burners
- Applicability, excepting those portions of 40 CFR §266.102(a)
containing references to 40 CFR §§264.56(d), 264.71 - 264.72,
264.75 - 264.77, 264.90, 264.101, and 264.142(a)(2);
(3) 40 CFR §266.102(b)--Permit Standards for Burners
- Hazardous Waste Analysis;
(4) 40 CFR §266.102(c)--Permit Standards for Burners
- Emission Standards;
(5) 40 CFR §266.102(d)--Permit Standards for Burners
- Permits;
(6) 40 CFR §266.102(e)--Permit Standards for Burners
- Operating Requirements (as amended in the Federal
Register through July 14, 2006 (71 FR 40254));
(7) 40 CFR §266.103 (a)(1) - (3)--Interim Status
Standards for Burners - Purpose, Scope, and Applicability--General;
Exemptions; and Prohibition on Burning Dioxin-Listed Wastes, respectively,
except 40 CFR §266.103(a)(1)(iii) and §266.103(a)(2);
(8) 40 CFR §266.103(a)(4)--Interim Status Standards
for Burners--Purpose, Scope, and Applicability--Applicability of Part
265 Standards (as amended in the Federal
Register through (July 14, 2006 (71 FR 40254))), excepting
those portions of 40 CFR §266.103(a)(4) containing references
to 40 CFR §§265.56(d), 265.71 - 265.72, 265.75 - 265.77,
265.142(a)(2); facilities qualifying for a corporate guarantee for
liability are subject to 40 CFR §265.147(g)(2) and §264.151(h)(2),
as amended;
(9) 40 CFR §266.103(a)(5) - (6)--Interim Status
Standards for Burners - Purpose, Scope, and Applicability: Special
Requirements for Furnaces; and Restrictions on Burning Hazardous Waste
That Is Not a Fuel;
(10) 40 CFR §266.103(b)--Interim Status Standards
for Burners - Certification of Precompliance (as amended through (July
14, 2006 (71 FR 40254))), except 40 CFR §266.103(b)(1) and (6);
(11) 40 CFR §266.103(c)--Interim Status Standards
for Burners - Certification of Compliance (as amended through (July
14, 2006 (71 FR 40254))), except 40 CFR §266.103(c)(3)(i);
(12) 40 CFR §266.103(f)--Interim Status Standards
for Burners - Start-Up and Shut-Down;
(13) 40 CFR §266.103(g)(1) - (2)--Interim Status
Standards for Burners - Automatic Waste Feed Cutoff (as amended in
the Federal Register through July
14, 2006 (71 FR 40254));
(14) 40 CFR §266.103(h) - (l)--Interim Status
Standards for Burners: Fugitive Emissions; Changes; Monitoring and
Inspections; Recordkeeping; and Closure, respectively, as amended
in the Federal Register through April
4, 2006 (71 FR 16862);
(15) 40 CFR §266.104--Standards to Control Organic
Emissions, except 40 CFR §266.104(h);
(16) 40 CFR §266.105--Standards to Control Particulate
Matter, except 40 CFR §266.105(d);
(17) 40 CFR §266.106--Standards to Control Metals
Emissions (as amended in the Federal Register through
(July 14, 2006 (71 FR 40254))), except 40 CFR §266.106(i);
(18) §266.107--Standards to Control Hydrogen Chloride
(HCl) and Chlorine Gas (C12) Emissions,
except 40 CFR §266.107(h);
(19) 40 CFR §266.108--Small Quantity On-Site Burner
Exemption, except §266.108(d), and except that hazardous wastes
generated by a very small quantity generator may not be burned in
an off-site device under the exemption provided by 40 CFR §266.108;
(20) 40 CFR §266.109--Low-Risk Waste Exemption
(as amended in the Federal Register through
(July 14, 2006 (71 FR 40254)));
(21) 40 CFR §266.110--Waiver of DRE Trial Burn
for Boilers;
(22) 40 CFR §266.111--Standards for Direct Transfer;
and
(23) 40 CFR §266.112--Regulation of Residues.
(b) The following hazardous wastes and facilities are
not regulated under this division:
(1) used oil burned for energy recovery that is also
a hazardous waste solely because it exhibits a characteristic of hazardous
waste identified in 40 CFR Part 261, Subpart C, from use versus mixing.
Such used oil is subject to regulation by the United States Environmental
Protection Agency (EPA) under 40 CFR Part 279 and Chapter 324 of this
title (relating to Used Oil Standards). This exception does not apply
if the used oil has been made hazardous by mixing with characteristic
or listed hazardous waste other than by a generator that meets the
conditions for exemption for a very small quantity generator or household
generator;
(2) hazardous wastes that are exempt from regulation
under 40 CFR §261.4 and §335.24(c)(3) - (4) of this title
(relating to Requirements for Recyclable Materials and Nonhazardous
Recyclable Materials);
(3) hazardous wastes generated by a very small quantity
generator that meets the conditions for exemption of a very small
quantity generator;
(4) gas recovered from hazardous or solid waste landfills
when such gas is burned for energy recovery; and
(5) coke ovens, if the only hazardous waste burned
is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking
operations.
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| Source Note: The provisions of this §335.221 adopted to be effective September 1, 1986, 11 TexReg 3697; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 4, 1999, 24 TexReg 2352; amended to be effectiveNovember 15, 2001, 26 TexReg 9135; amended to be effective August 16, 2007, 32 TexReg 5010; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 3, 2022, 47 TexReg 318 |
