| (a) The regulations in this subchapter establish standards
for generators of hazardous waste. These standards are in addition
to any applicable provisions contained in Subchapter A of this chapter
(relating to Industrial Solid Waste and Municipal Hazardous Waste
in General).
(1) A person who generates a hazardous waste as defined
by 40 Code of Federal Regulations (CFR) §261.3, as adopted under §335.504
of this title (relating to Hazardous Waste Determination), is subject
to all applicable independent requirements listed in this section.
(A) Independent requirements of a very small quantity
generator:
(i) §335.504 of this title; and
(ii) 40 CFR §262.13 (Generator category determination)
as adopted under §335.53 of this title (relating to General Standards
Applicable to Generators of Hazardous Waste).
(B) Independent requirements of a small quantity generator:
(i) §335.504 of this title;
(ii) 40 CFR §262.11(e) and (f) (Hazardous waste
determination and recordkeeping), as adopted under §335.53 of
this title;
(iii) 40 CFR §262.13, as adopted under §335.53
of this title;
(iv) 40 CFR §262.18 (EPA identification numbers
and re-notification for small quantity generators and large quantity
generators), as adopted under §335.53 of this title;
(v) 40 CFR Part 262, Subpart B (Manifest Requirements
Applicable to Small and Large Quantity Generators), as adopted under §335.54
of this title (relating to Hazardous Waste Manifest);
(vi) 40 CFR Part 262, Subpart C (Pre-Transport Requirements
Applicable to Small and Large Quantity Generators) as adopted under §335.55
of this title (relating to Pre-Transport Requirements Applicable to
Large and Small Quantity Generators);
(vii) 40 CFR §262.40 (Recordkeeping) as adopted
under §335.56 of this title (relating to Recordkeeping and Reporting
Applicable to Large and Small Quantity Generators);
(viii) 40 CFR §262.44 (Recordkeeping for small
quantity generators) as adopted under §335.56 of this title;
(ix) §§335.6(b), (c) and (f), 335.9, 335.10(a)
and 335.13 of this title (relating to Notification Requirements; Recordkeeping
and Annual Reporting Procedures Applicable to Generators; Shipping
and Reporting Procedures Applicable to Generators of Hazardous Waste
or Class 1 Waste; and Recordkeeping and Reporting Procedures Applicable
to Generators Shipping Hazardous Waste or Class 1 Waste); and
(x) 40 CFR Part 262, Subpart H (Transboundary Movements
of Hazardous Waste for Recovery or Disposal), as adopted under §335.58
of this title (relating to Transboundary Movements of Hazardous Waste
for Recovery or Disposal).
(C) Independent requirements of a large quantity generator:
(i) §335.504 of this title;
(ii) 40 CFR §262.11(e) and (f) as adopted under §335.53
of this title;
(iii) 40 CFR §262.13 as adopted under §335.53
of this title;
(iv) 40 CFR §262.18 as adopted under §335.53
of this title;
(v) 40 CFR Part 262, Subpart B as adopted under §335.54
of this title;
(vi) 40 CFR Part 262, Subpart C as adopted under §335.55
of this title;
(vii) 40 CFR Part 262, Subpart D (Recordkeeping and
Reporting Applicable to Small and Large Quantity Generators), as adopted
under §335.56 of this title except 40 CFR §262.44;
(viii) §§335.6(b), (c) and (f), 335.9, 335.10(a)
and 335.13 of this title; and
(ix) 40 CFR Part 262, Subpart H, as adopted under §335.58
of this title.
(2) A generator that accumulates hazardous waste on-site
is a person that stores hazardous waste and is subject to the applicable
requirements of Chapter 37 of this title (relating to Financial Assurance),
Chapter 39 of this title (relating to Public Notice), Chapter 305
of this title (relating to General Provisions), Chapter 335 of this
title (relating to Industrial Solid Waste and Municipal Hazardous
Waste), and Section 3010 of Resource Conservation and Recovery Act
(RCRA) unless it is one of the following:
(A) a very small quantity generator that meets the
conditions for exemption in 40 CFR §262.14 (Conditions for exemption
for a very small quantity generator), as adopted under §335.53
of this title;
(B) a small quantity generator that meets the conditions
for exemption in 40 CFR §262.16 (Conditions for exemption for
a small quantity generator that accumulates hazardous waste) and meets
the requirements of 40 CFR §262.15 (Satellite accumulation area
regulations for small and large quantity generators), as 40 CFR §262.15
and §262.16 are adopted under §335.53 of this title; and
(C) a large quantity generator that meets the conditions
for exemption in 40 CFR §262.17 (Conditions for exemption for
a large quantity generator that accumulates hazardous waste) and meets
the requirements of 40 CFR §262.15, as 40 CFR §262.15 and §262.17
are adopted under §335.53 of this title.
(3) A generator shall not transport, offer its hazardous
waste for transport, or otherwise cause its hazardous waste to be
sent to a facility that is not a designated facility, as defined in §335.1
of this title (relating to Definitions), or not otherwise authorized
to receive the generator's hazardous waste.
(b) A generator must use 40 CFR §262.13 as adopted
under §335.53 of this title to determine their generator category
and which provisions of this subchapter are applicable to the generator
based on the quantity of hazardous waste generated per calendar month.
(c) Any person who exports or imports hazardous wastes
must comply with 40 CFR §262.18 as adopted under §335.53
of this title and 40 CFR Part 262, Subpart H, as adopted under §335.58
of this title.
(d) Any person who imports hazardous waste into the
United States must comply with the standards applicable to generators
established in 40 CFR Part 262.
(e) A farmer who generates waste pesticides which are
hazardous waste and who complies with all of the requirements of 40
CFR §262.70 (Farmers), as adopted under §335.57 of this
title (relating to Farmers), is not required to comply with other
standards in this subchapter or this chapter with respect to such
pesticides.
(f) This subsection describes the consequences of violating
of an independent requirement and not complying with a condition for
exemption.
(1) A generator's violation of an independent requirement
is subject to penalty and injunctive relief under Texas Health and
Safety Code, Chapter 361, Texas Water Code, Chapter 7, and Section
3008 of RCRA.
(2) A generator's noncompliance with a condition for
exemption in this part is not subject to penalty or injunctive relief
under Texas Health and Safety Code, Chapter 361, Texas Water Code,
Chapter 7, or Section 3008 of RCRA as a violation of a Texas Administrative
Code section adopting a 40 CFR Part 262 condition for exemption. Noncompliance
by any generator with an applicable condition for exemption from storage
permit and operations requirements means that the facility is a storage
facility operating without an exemption from the permit, interim status,
operations, and notification requirements in this chapter, and in
Chapters 37, 39, and 305 of this title. Without an exemption, any
violations of such storage requirements are subject to penalty and
injunctive relief under Texas Health and Safety Code, Chapter 361,
Texas Water Code, Chapter 7, and Section 3008 of RCRA.
(g) An owner or operator who initiates a shipment of
hazardous waste from a treatment, storage, or disposal facility must
comply with the generator standards established in this subchapter.
(h) Persons responding to an explosives or munitions
emergency in accordance with §335.41(d)(2) of this title (relating
to Purpose, Scope and Applicability) are not required to comply with
the standards of this subchapter.
(i) The laboratories owned by an eligible academic
entity (for purposes of this paragraph, the terms "laboratory" and
"eligible academic entity" shall have the meaning defined in 40 CFR §262.200,
as adopted under §335.59 of this title (relating to Alternative
Requirements for Hazardous Waste Determination and Accumulation of
Unwanted Material for Laboratories Owned by Eligible Academic Entities)
that elect to be subject to the requirements of 40 CFR Part 262, Subpart
K, as adopted by reference under §335.59 of this title are not
subject to:
(1) the independent requirements of §335.504 of
this title or 40 CFR §262.11 as adopted under §335.53 of
this title;
Cont'd... |
