| (a) The regulations promulgated in this chapter cover
aspects of municipal solid waste (MSW) management and air emissions
from MSW landfills and transfer stations under the authority of the
commission and are based primarily on the stated purpose of Texas
Health and Safety Code, Chapter 361 and Chapter 382. The provisions
of this chapter apply to any person as defined in §3.2 of this
title (relating to Definitions) involved in any aspect of the management
and control of MSW and MSW facilities including, but not limited to,
storage, collection, handling, transportation, processing, and disposal.
Furthermore, these regulations apply to any person that by contract,
agreement, or otherwise arranges to process, store, or dispose of,
or arranges with a transporter for transport to process, store, or
dispose of, solid waste owned or possessed by the person, or by any
other person or entity. The comprehensive rule revisions in this chapter
as adopted in 2006 (2006 Revisions) are effective 20 days after they
are filed with the Office of the Secretary of State.
(1) Permits and registrations, issued by the commission
and it predecessors, that existed before the 2006 Revisions became
effective, remain valid until suspended or revoked except as expressly
provided otherwise in this chapter. Facilities may operate under existing
permits and registrations subject to: requirements in the 2006 Revisions,
which expressly supersede provisions contained in existing authorizations
or require revisions to existing authorizations; and those requirements
mandated by the United States Environmental Protection Agency in 40
Code of Federal Regulations (CFR) Parts 257 and 258, as amended, which
implement certain requirements of Resource Conservation and Recovery
Act, Subtitle D. For those federally mandated requirements and the
equivalent state requirements, the effective dates listed in 40 CFR
Parts 257 and 258, as amended, shall apply. For those federally mandated
requirements, the permittee is under an obligation to apply for a
permit change in accordance with §305.62 of this title (relating
to Amendments) or §305.70 of this title (relating to Municipal
Solid Waste Permit and Registration Modifications), as applicable,
to incorporate the required standard. The application shall be submitted
no later than six months from the effective date of the required standard.
(2) Applications for new permits and major amendments
to existing permits that are administratively complete and registration
applications for which the executive director has completed a technical
review, as of the effective date of the 2006 Revisions, shall be considered
under the former rules of this chapter unless the applicant elects
otherwise. Existing authorizations are subject to the 2006 Revisions,
which expressly supersede provisions contained in existing authorizations
or require modifications of existing authorizations regardless of
whether a major amendment is being considered for the same facility
under the former rules. For new permits and major amendments to increase
solid waste disposal capacity, only complete applications (Parts I
- IV), which are submitted and declared administratively complete
before the effective date of the 2006 Revisions, may be considered
under existing Chapter 330 rules. Such applications are not subject
to §305.127(4)(B) of this title (relating to Conditions to be
Determined for Individual Permits) and the owner or operator must
submit the modifications required by the 2006 Revisions within one
year after the commission's decision on the application has become
final and appealable, unless a longer period of time is specified
in the rules.
(3) Authorizations, other than permits and registrations,
that existed before the 2006 Revisions became effective shall comply
with the 2006 Revisions within 120 days of the 2006 Revisions becoming
effective unless expressly provided otherwise in this chapter. These
authorizations include notifications, exemptions, permits by rule,
and registrations by rule.
(4) Authorizations, other than permits and registrations,
that had not been claimed or did not exist before the 2006 Revisions
became effective shall comply with the 2006 Revisions.
(5) Applications for modifications or for amendments
that do not increase solid waste disposal capacity that are filed
before the 2006 Revisions become effective, or filed within 180 days
after the 2006 Revisions become effective, are subject to the former
rules. Such applications are not subject to §305.127(4)(B) of
this title, and the owner or operator must submit the modifications
required by the 2006 Revisions within 180 days after the effective
date of the 2006 Revisions, unless a longer period of time is specified
in the rules.
(b) The commission at its discretion, may include one
or more different types of units in a single permit if the units are
located at the same facility with the exception of a facility authorized
by an MSW permit by rule. Persons shall seek separate authorizations
at a facility that qualifies for an MSW permit by rule.
(c) This chapter does not apply to any person that
prepares sewage sludge or domestic septage, fires sewage sludge in
a sewage sludge incinerator, applies sewage sludge or domestic septage
to the land, or to the owner/operator of a surface disposal site as
applicable under Chapter 312 of this title (relating to Sludge Use,
Disposal, and Transportation); to sewage sludge or domestic septage
applied to the land or placed on a surface disposal site, to sewage
sludge fired in a sewage sludge incinerator, to land where sewage
sludge or domestic septage is applied to a surface disposal site or
to a sewage sludge incinerator as applicable under Chapter 312 of
this title; any person that transports sewage sludge, water treatment
sludge, domestic septage, chemical toilet waste, grit trap waste,
or grease trap waste; to any person that applies water treatment sludge
for disposal in a land application unit, as defined in §312.121
of this title (relating to Purpose, Scope, and Standards) to water
treatment sludge that is disposed of in a land application unit, as
defined in §312.121 of this title. Persons managing such wastes
shall comply with the requirements of Chapter 312 of this title.
(d) This chapter does not apply to any person that
composts MSW in accordance with the requirements of Chapter 332 of
this title (relating to Composting), except for those persons that
must apply for a permit in accordance with §332.3(a) of this
title (relating to Applicability). Those persons that must submit
a permit application for a compost operation shall follow the applicable
requirements of Subchapter B of this chapter (relating to Permit and
Registration Application Procedures).
(e) This chapter does not apply to any person that
manages medical waste in accordance with the requirements of Chapter
326 of this title (relating to Medical Waste Management). Persons
disposing of medical waste at municipal solid waste landfills shall
comply with applicable provisions of this chapter. The medical waste
provisions being relocated from this chapter to Chapter 326 of this
title will remain in effect and continue to apply to permits, registrations,
and registrations by rule issued under this chapter until the later
of two years from the effective date of Chapter 326 of this title
or until a final decision is made on a timely request for an authorization
to be updated to comply with Chapter 326 of this title. Permits, registrations,
and registrations by rule issued under the existing Chapter 330 rules
must be updated by filing a new application within two years or upon
renewal to comply with Chapter 326 of this title. The executive director
is authorized to extend this deadline based on an authorized entity
making a request supported by good cause. A person who has an application
for the management of medical waste pending before the effective date
of Chapter 326 of this title shall be considered under the former
Chapter 330 rules unless the applicant elects otherwise.
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