|(a) Notification of industrial solid waste and municipal
hazardous waste activities not authorized by a permit. Any person
who intends to store, process, recycle, or dispose of industrial solid
waste without a permit, as authorized by §335.2(d), (f), or (h)
of this title (relating to Permit Required) or §335.24 of this
title (relating to Requirements for Recyclable Materials and Nonhazardous
Recyclable Materials), shall notify the executive director using a
method approved by the executive director, that storage, processing,
recycling, or disposal activities are planned.
(1) A person required to notify of activities under
this subsection shall notify at least 90 days before conducting an
activity under this subsection.
(2) A person required to notify under this section
shall submit additional information, upon request, to the executive
director to demonstrate that storage, processing, recycling, or disposal
is compliant with the terms of this chapter, including but not limited
to information listed under subsection (b)(3) of this section.
(b) Duty to notify of changed and new information.
Any person who stores, processes, or disposes of municipal hazardous
waste or industrial solid waste shall promptly notify the executive
director using a method approved by the executive director of:
(1) any new information concerning storage, processing,
and disposal described in paragraph (3) of this subsection; and
(2) any changes to information previously submitted
or reported under subsection (a) of this section:
(A) authorized in any permit issued by the commission;
(B) submitted or reported to the commission in any
application filed with the commission.
(3) Information concerning storage, processing, and
disposal required to be submitted under this subsection includes and
is not limited to:
(A) waste composition;
(B) waste management methods;
(C) facility engineering plans and specifications;
(D) the geology where the facility is located.
(4) A person who notifies the executive director under
this section shall immediately document and notify the executive director
within 90 days of changes in information previously provided and additional
information that was not provided.
(c) Generator registration.
(1) Any person, by site, that generates in any calendar
month more than 100 kilograms of non-acute hazardous waste, more than
1 kilogram of acute hazardous waste, or more than 100 kilograms of
industrial Class 1 waste shall register in a method approved by the
(2) Large quantity generators must meet the requirements
of this subsection using the electronic interface provided by the
executive director unless:
(A) the executive director has granted a written request
to use paper forms or an alternative notification method; or
(B) the software does not have features capable of
meeting the requirements.
(3) Notifications submitted pursuant to this section
shall be in addition to information provided in any permit applications
required by §335.2 of this title, or any reports required by §335.9
of this title (relating to Recordkeeping and Annual Reporting Procedures
Applicable to Generators), §335.10 of this title (relating to
Shipping and Reporting Procedures Applicable to Generators of Hazardous
Waste or Class 1 Waste), and §335.13 of this title (relating
to Recordkeeping and Reporting Procedures Applicable to Generators
of Hazardous Waste or Class 1 Waste).
(4) If waste is recycled on-site or managed pursuant
to §335.2(d)(1) - (4) or (6) - (9) of this title, the generator
must also comply with the notification requirements specified in subsection
(h) of this section.
(5) The information submitted pursuant to the notification
requirements of this subchapter and to the additional requirements
of §335.503 of this title (relating to Waste Classification and
Waste Coding Required) shall include, but is not limited to:
(A) a description of the waste including:
(i) a description of the process generating the waste;
(ii) the composition of the waste;
(B) a hazardous waste determination in accordance with §335.504
of this title (relating to Hazardous Waste Determination), which includes
the appropriate United States Environmental Protection Agency (EPA)
hazardous waste number(s) described in 40 Code of Federal Regulations
(CFR) Part 261;
(C) the disposition of each solid waste generated,
if subject to the notification requirement of this subsection, including:
(i) whether the waste is managed on-site and/or off-site;
(ii) a description of the type and use of each on-site
waste management facility unit;
(iii) a listing of the wastes managed in each unit;
(iv) whether each unit is permitted, or qualifies for
an exemption, under §335.2 of this title.
(d) Transporter registration. Any person who transports
hazardous waste or industrial Class 1 waste shall notify the executive
director of such activity by registering using a method approved by
the executive director. A person, by site, that generates in any calendar
month less than 100 kilograms of non-acute hazardous waste, less than
1 kilogram of acute hazardous waste, and less than 100 kilograms of
industrial Class 1 waste and only transports their own waste is not
required to comply with this subsection.
(e) Transfer facility registration. A person that intends
to operate a transfer facility in accordance with §335.94 of
this title (relating to Transfer Facility Requirements) shall notify
the executive director of such activity by registering using a method
approved by the executive director.
(f) Waste analysis. Any person who ships, stores, processes,
or disposes of industrial solid waste or hazardous waste shall provide
the chemical analysis of the solid waste performed in accordance with
Subchapter R of this chapter (relating to Waste Classification) to
the executive director upon written request.
(g) Notification prior to facility expansion. Any person
who stores, processes, or disposes of industrial solid waste or municipal
hazardous waste shall notify the executive director in writing of
any activity or facility expansion not authorized by permit, at least
90 days prior to conducting such activity. Such person shall submit
to the executive director upon request such information as may reasonably
be required to enable the executive director to determine whether
such activity is compliant with this chapter.
(h) Notification of recycling activities. Any person
who intends to ship off-site or transfer to another person for recycling,
or who conducts or intends to conduct the recycling of, industrial
solid waste, municipal hazardous waste, recyclable materials, or nonhazardous
recyclable materials as defined in §335.24 of this title or Subchapter
H of this chapter (relating to Standards for the Management of Specific
Wastes and Specific Types of Facilities) and who is required to notify
under §335.24 of this title or Subchapter H of this chapter shall
notify the executive director using a method approved by the executive
(1) A person that is required to notify under this
subsection shall include, at a minimum, the following information:
(A) the type(s), classification(s), Texas waste code(s)
and EPA hazardous waste number(s) described in 40 CFR Part 261, if
any, of each industrial solid waste and municipal hazardous waste
intended to be recycled;
(B) the method of storage prior to recycling; and
(C) the nature of the recycling activity.
(2) A person required to notify the executive director
of the intent to recycle under this subsection may begin recycling
activities 90 days after submitting notification of intent to recycle
under this subsection if the executive director has not requested
additional information in response to the notification or upon receipt
of an acknowledgment from the executive director.
(i) Notification of operating under the small quantity
burner exemption. The owner or operator of a facility qualifying for
the small quantity burner exemption under 40 CFR §266.108 must
provide a one-time signed, written notification to the EPA and to
the executive director indicating the following:
(1) the combustion unit is operating as a small quantity
burner of hazardous waste;
(2) the owner and operator are in compliance with the
requirements of 40 CFR §266.108, §335.221(a)(19) of this
title (relating to Applicability and Standards) and this subsection;
(3) the maximum quantity of hazardous waste that the
facility may burn as provided by 40 CFR §266.108(a)(1).
(j) Notification of used oil activities. Notification
and regulation requirements on nonhazardous used oil, oil made characteristically
hazardous by use (instead of mixing), used oil generated by a very
small quantity generator, and household used oil after collection
that will be recycled shall notify in accordance with Chapter 324
of this title (relating to Used Oil).
(k) Notification exemption for the disposal of animal
carcasses. A landowner who disposes of domestic or exotic animal carcasses
and who complies with a certified water quality management plan developed
for their site under Texas Agriculture Code, §201.026(f) as added
by Acts 2001, 77th Legislature, Chapter 1189, §1 (relating to
Nonpoint Source Pollution) is exempt from the notification requirements
of subsections (a) and (b) of this section.
(l) Healthcare facilities notification. A person required
to notify the executive director under §335.755 of this title
(relating to Standards for Healthcare Facilities Managing Non-Creditable
Hazardous Waste Pharmaceuticals) shall notify using a method approved
by the executive director.
(m) Reverse distributor registration. A person required
to notify the executive director under §335.771 of this title
(relating to Standards for the Management of Potentially Creditable
Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals
by Reverse Distributors) shall register using a method approved by
the executive director.