(a) The following regulations contained in 40 Code
of Federal Regulations (CFR) Part 265 (including all appendices to
40 CFR Part 265) (except as otherwise specified in this section) are
adopted by reference as amended in the Federal
Register through June 1, 1990 (55 FR 22685) and as further
amended as indicated in each paragraph of this subsection:
(1) Subpart B - General Facility Standards (as amended
in the Federal Register through November
28, 2016 (81 FR 85732));
(2) Subpart C - Preparedness and Prevention;
(3) Subpart D - Contingency Plan and Emergency Procedures
(as amended in the Federal Register through
March 18, 2010 (75 FR 12989)), except 40 CFR §265.56(d);
(4) Subpart E - Manifest System, Recordkeeping, and
Reporting (as amended in the Federal Register through
January 3, 2018 (83 FR 420)), except 40 CFR §265.76 and §265.77;
(5) Subpart F - Groundwater Monitoring (as amended
in the Federal Register through April
4, 2006 (71 FR 16862)), except 40 CFR §265.90 and §265.94;
(6) Subpart G - Closure and Post-Closure (as amended
in the Federal Register through July
14, 2006 (71 FR 40254)); except 40 CFR §265.112(d)(3) and (4)
and §265.118(e) and (f);
(7) Subpart H - Financial Requirements (as amended
in the Federal Register through September
16, 1992 (57 FR 42832)); except 40 CFR §§265.140, 265.141,
265.142(a)(2), (b) and (c), 265.143(a) - (g), 265.144(b) and (c),
265.145(a) - (g), 265.146, 265.147(a) - (d), and (f) - (k), and 265.148
- 265.150;
(8) Subpart I - Use and Management of Containers (as
amended in the Federal Register through
November 28, 2016 (81 FR 85732));
(9) Subpart J - Tank Systems (as amended in the Federal Register through November 28, 2016
(81 FR 85732));
(10) Subpart K - Surface Impoundments (as amended in
the Federal Register through July
14, 2006 (71 FR 40254));
(11) Subpart L - Waste Piles (as amended in the Federal Register through July 14, 2006 (71
FR 40254)), except 40 CFR §265.253;
(12) Subpart M - Land Treatment (as amended in the Federal Register through July 14, 2006 (71
FR 40254)) except, 40 CFR §§265.272, 265.279, and 265.280;
(13) Subpart N - Landfills (as amended in the Federal Register through March 18, 2010
(75 FR 12989)), except 40 CFR §§265.301(f) - (i), 265.314,
and 265.315;
(14) Subpart O - Incinerators (as amended in the Federal Register through October 12, 2005
(70 FR 59402));
(15) Subpart P - Thermal Treatment (as amended in the Federal Register through July 17, 1991 (56
FR 32692));
(16) Subpart Q - Chemical, Physical, and Biological
Treatment (as amended in the Federal Register through
July 14, 2006 (71 FR 40254));
(17) Subpart R - Underground Injection;
(18) Subpart W - Drip Pads (as amended in the Federal Register through July 14, 2006 (71
FR 40254));
(19) Subpart AA - Air Emission Standards for Process
Vents (as amended in the Federal Register through
November 28, 2016 (81 FR 85732));
(20) Subpart BB - Air Emission Standards for Equipment
Leaks (as amended in the Federal Register through
November 28, 2016 (81 FR 85732));
(21) Subpart CC - Air Emission Standards for Tanks,
Surface Impoundments, and Containers (as amended in the Federal Register through January 3, 2018
(83 FR 420));
(22) Subpart DD - Containment Buildings (as amended
in the Federal Register through November
28, 2016 (81 FR 85732));
(23) Subpart EE - Hazardous Waste Munitions and Explosives
Storage (as amended in the Federal Register through
February 12, 1997 (62 FR 6622));
(24) Subpart FF - Fees for the Electronic Hazardous
Waste Manifest Program (as amended in the Federal
Register through January 3, 2018 (83 FR 420); and
(25) the following appendices contained in 40 CFR Part
265:
(A) Appendix I - Recordkeeping Instructions (as amended
in the Federal Register through March
24, 1994 (59 FR 13891));
(B) Appendix III - EPA Interim Primary Drinking Water
Standards;
(C) Appendix IV - Tests for Significance;
(D) Appendix V - Examples of Potentially Incompatible
Waste; and
(E) Appendix VI - Compounds With Henry's Law Constant
Less Than 0.1 Y/X.
(b) Except in 40 CFR §265.71 adopted under subsection
(a)(4) of this section and 40 CFR Part 265, Subpart FF adopted under
subsection (a)(24) of this section, the regulations of the United
States Environmental Protection Agency (EPA) that are adopted by reference
in this section are adopted subject to the following changes.
(1) The term "regional administrator" is changed to
the "executive director" of the Texas Commission on Environmental
Quality or to the commission, consistent with the organization of
the commission as set out in Texas Water Code, Chapter 5, Subchapter
B.
(2) The term "treatment" is changed to "processing."
(3) Reference to Resource Conservation and Recovery
Act, §3008(h) is changed to Texas Water Code, §7.031(c)
- (e) (Corrective Action Relating to Hazardous Waste).
(4) Reference to:
(A) 40 CFR §260.10 is changed to §335.1 of
this title (relating to Definitions);
(B) 40 CFR §264.90 is changed to §335.156
of this title (relating to Applicability of Groundwater Monitoring
and Response);
(C) 40 CFR §264.101 is changed to §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units);
(D) 40 CFR §264.310 is changed to §335.174
of this title (relating to Closure and Post-Closure Care (Landfills));
(E) 40 CFR §265.1 is changed to §335.111
of this title (relating to Purpose, Scope, and Applicability);
(F) 40 CFR §265.90 is changed to §335.116
of this title (relating to Applicability of Groundwater Monitoring
Requirements);
(G) 40 CFR §265.94 is changed to §335.117
of this title (relating to Recordkeeping and Reporting);
(H) 40 CFR §265.314 is changed to §335.125
of this title (relating to Special Requirements for Bulk and Containerized
Waste);
(I) 40 CFR §270.1 is changed to §335.2 of
this title (relating to Permit Required);
(J) 40 CFR §270.28 is changed to §305.50
of this title (relating to Additional Requirements for an Application
for a Hazardous or Industrial Solid Waste Permit and for a Post-Closure
Order);
(K) 40 CFR §270.41 is changed to §305.62
of this title (relating to Amendments);
(L) 40 CFR §270.42 is changed to §305.69
of this title (relating to Solid Waste Permit Modification at the
Request of the Permittee); and
(M) Qualified professional engineer is changed to Texas
licensed professional engineer.
(5) 40 CFR Parts 260 - 270 means the commission's rules
including, but not limited to, Chapters 50, 305, and 335 of this title
(relating to Action on Applications and Other Authorizations; Consolidated
Permits; and Industrial Solid Waste and Municipal Hazardous Waste),
as applicable.
(6) Reference to 40 CFR Part 265, Subpart D (Contingency
Plan and Emergency Procedures) is changed to §335.112(a)(3) of
this title (relating to Standards) and §335.113 of this title
(relating to Reporting of Emergency Situations by Emergency Coordinator).
(7) References to 40 CFR §265.76 and §265.77
are changed to §335.15(3) of this title (relating to Recordkeeping
and Reporting Requirements Applicable to Owners or Operators of Treatment,
Storage, or Disposal Facilities), and §335.115 of this title
(relating to Additional Reports), respectively.
(8) Reference to 40 CFR Part 264, Subpart F is changed
to §335.156 of this title, §335.157 of this title (relating
to Required Programs), §335.158 of this title (relating to Groundwater
Protection Standard), §335.159 of this title (relating to Hazardous
Constituents), §335.160 of this title (relating to Concentration
Limits), §335.161 of this title (relating to Point of Compliance), §335.162
of this title (relating to Compliance Period), §335.163 of this
title (relating to General Groundwater Monitoring Requirements), §335.164
of this title (relating to Detection Monitoring Program), §335.165
of this title (relating to Compliance Monitoring Program), §335.166
of this title (relating to Corrective Action Program), and §335.167
of this title.
(9) Reference to 40 CFR Part 265, Subpart F is changed
to include §335.116 and §335.117 of this title, in addition
to the reference to 40 CFR Part 265, Subpart F, except §265.90
and §265.94.
(10) Reference to the EPA is changed to the Texas Commission
on Environmental Quality.
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Source Note: The provisions of this §335.112 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective September 1, 1986, 11 TexReg 3696; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective August 4, 1989, 14 TexReg 3532; amended to be effective October 29, 1990, 15 TexReg 6017; amended to be effective March 18, 1991, 16 TexReg 1369; amended to be effective July 16, 1991, 16 TexReg 3730; amended to be effective December 13, 1991, 16 TexReg 6936; amendedto be effective July 29, 1992, 17 TexReg 5017; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective February 26, 1996, 21 TexReg 1142; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective October 7, 1999, 24 TexReg 8562; amended to be effective March 21, 2000, 25 TexReg 2394; amended to be effective April 12, 2001, 26 TexReg 2741; amended to be effective November 18, 2001, 26 TexReg 9153; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg 978; amended to be effective June 16, 2016, 41 TexReg 4259; amended to be effective June 11, 2020,45TexReg 3780; amended to be effective February 3, 2022, 47 TexReg 318 |