(a) The following regulations contained in 40 Code
of Federal Regulations (CFR) Part 264 (including all appendices to
Part 264) are adopted by reference as amended in the Federal Register through June 1, 1990 (55
FR 22685) and as further amended and adopted 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)); in addition, the facilities which are subject
to 40 CFR Part 264, Subpart X, are subject to regulation under 40
CFR §264.15(b)(4) and §264.18(b)(1)(ii);
(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 §264.56(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 §264.76 and §264.77;
facilities which are subject to 40 CFR Part 264, Subpart X, are subject
to 40 CFR §264.73(b)(6);
(5) Subpart G--Closure and Post-Closure (as amended
in the Federal Register through July
14, 2006 (71 FR 40254)); facilities which are subject to 40 CFR Part
264, Subpart X, are subject to 40 CFR §§264.90(d), 264.111(c),
264.112(a)(2), 264.114, 264.117(a)(1)(i) and (ii), and 264.118(b)(1)
and (2)(i) and (ii);
(6) Subpart H--Financial Requirements (as amended in
the Federal Register through April
4, 2006 (71 FR 16862)); except 40 CFR §§264.140, 264.141,
264.142(a)(2), (b) and (c), 264.143(a) - (h), 264.144(b) and (c),
264.145(a) - (h), 264.146, 264.147(a) - (d), and (f) - (k), and 264.148
- 264.151; and subject to the following limitations: facilities which
are subject to 40 CFR Part 264, Subpart X, are subject to 40 CFR§264.142(a)
and §264.144(a), and §37.6031(c) of this title (relating
to Financial Assurance Requirements for Liability);
(7) Subpart I--Use and Management of Containers (as
amended in the Federal Register through
November 28, 2016 (81 FR 85732));
(8) Subpart J--Tank Systems (as amended in the Federal Register through November 28, 2016
(81 FR 85732));
(9) Subpart K--Surface Impoundments (as amended in
the Federal Register through July
14, 2006 (71 FR 40254)), except 40 CFR §264.221 and §264.228:
(A) reference to 40 CFR §264.221 is changed to §335.168
of this title (relating to Design and Operating Requirements (Surface
Impoundments));
(B) reference to 40 CFR §264.228 is changed to §335.169
of this title (relating to Closure and Post-Closure Care (Surface
Impoundments));
(10) Subpart L--Waste Piles (as amended in the Federal Register through July 14, 2006 (71
FR 40254)), except 40 CFR §264.251;
(11) Subpart M--Land Treatment (as amended in the Federal Register through July 14, 2006 (71
FR 40254)), except 40 CFR §264.273 and §264.280;
(12) Subpart N--Landfills (as amended in the Federal Register through March 18, 2010
(75 FR 12989)), except 40 CFR §§264.301, 264.310, 264.314,
and 264.315;
(13) Subpart O--Incinerators (as amended in the Federal Register through April 8, 2008 (73
FR 18970));
(14) Subpart S--Special Provisions for Cleanup (as
amended in the Federal Register through
March 18, 2010 (75 FR 12989));
(15) Subpart W--Drip Pads (as amended in the Federal Register through July 14, 2006 (71
FR 40254));
(16) Subpart X--Miscellaneous Units (as amended in
the Federal Register through July
14, 2006 (71 FR 40254));
(17) Subpart AA--Air Emission Standards for Process
Vents (as amended in the Federal Register through
November 28, 2016 (81 FR 85732) with the reference to "40 CFR 262.34(a)"
replaced with "40 CFR §262.17 as adopted under §335.53 of
this title (relating to General Standards Applicable to Generators
of Hazardous Waste)");
(18) Subpart BB--Air Emission Standards for Equipment
Leaks (as amended in the Federal Register through
November 28, 2016 (81 FR 85732) with the reference to "40 CFR 262.34(a)"
replaced with "40 CFR §262.17 as adopted under §335.53 of
this title (relating to General Standards Applicable to Generators
of Hazardous Waste)");
(19) Subpart CC--Air Emission Standards for Tanks,
Surface Impoundments, and Containers (as amended in the Federal Register through January 3, 2018
(83 FR 420));
(20) Subpart DD--Containment Buildings (as amended
in the Federal Register through November
28, 2016 (81 FR 85732));
(21) Subpart EE--Hazardous Waste Munitions and Explosives
Storage (as amended in the Federal Register through
August 1, 2005 (70 FR 44150));
(22) Subpart FF--Fees for the Electronic Hazardous
Waste Manifest Program (as amended in the Federal
Register through January 3, 2018 (83 FR 420); and
(23) the following appendices contained in 40 CFR Part
264:
(A) Appendix I--Recordkeeping Instructions (as amended
in the Federal Register through March
24, 1994 (59 FR 13891));
(B) Appendix IV--Cochron's Approximation to the Behrens-Fisher
Students' T-Test;
(C) Appendix V--Examples of Potentially Incompatible
Waste;
(D) Appendix VI--Political Jurisdictions in Which Compliance
With §264.18(a) Must Be Demonstrated; and
(E) Appendix IX--Ground-Water Monitoring List (as amended
in the Federal Register through June
13, 1997 (62 FR 32451)).
(b) The provisions of 40 CFR §264.18(b) are applicable
to owners and operators of hazardous waste management facilities,
for which a permit is being sought, which are not subject to the requirements
of §§335.201 - 335.206 of this title (relating to Purpose,
Scope, and Applicability; Definitions; Site Selection to Protect Groundwater
or Surface Water; Unsuitable Site Characteristics; Prohibition of
Permit Issuance; and Petitions for Rulemaking).
(c) Except in 40 CFR §264.71 adopted under subsection
(a)(4) of this section and 40 CFR Part 264, Subpart FF adopted under
subsection (a)(22) 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 §264.1 is changed to §335.151
of this title (relating to Purpose, Scope, and Applicability);
(C) 40 CFR §264.280 is changed to §335.172
of this title (relating to Closure and Post-Closure Care (Land Treatment
Units));
(D) 40 CFR §264.90 is changed to §335.156
of this title (relating to Applicability of Groundwater Monitoring
and Response);
(E) 40 CFR §264.101 is changed to §335.167
of this title (relating to Corrective Action for Solid Waste Management
Units);
(F) 40 CFR §264.310 is changed to §335.174
of this title (relating to Closure and Post-Closure Care (Landfills));
(G) 40 CFR §270.41 is changed to §305.62
of this title (relating to Amendments); and
(H) 40 CFR §270.42 is changed to §305.69
of this title (relating to Solid Waste Permit Modification at the
Request of the Permittee).
(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 264, Subpart D is changed
to §335.152(a)(3) of this title (relating to Standards) and §335.153
of this title (relating to Reporting of Emergency Situations by Emergency
Coordinator).
Cont'd... |