Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter F - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES › Section 335.151 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this subchapter is to establish minimum standards to define the
				  acceptable management of hazardous waste. These standards are to be applied in
				  the evaluation of an application for a permit to manage hazardous waste, in
				  accordance with Texas Solid Waste Disposal Act, and in the evaluation of an
				  investigation report to implement groundwater protection requirements relating
				  to compliance monitoring and corrective action; and in the evaluation of
				  corrective action measures to be instituted in accordance with §
										335.167
				  of this title (relating to Corrective Action for Solid Waste Management Units).
				  For facilities that store, process, or dispose of industrial solid waste, in
				  addition to hazardous waste, nothing herein shall be construed to restrict or
				  abridge the commission's authority to implement the provisions of Texas Water
				  Code, Chapter 26, and §
										335.4 of
				  this title (relating to General Prohibitions), with respect to those
				  activities.
(b) The standards in
				  this subchapter apply to owners and operators of all facilities which process,
				  store, or dispose of hazardous waste, except as specifically provided for in
				  §
										335.41
				  of this title (relating to Purpose, Scope, and Applicability).
(c) A facility owner or operator who has
				  fully complied with the requirements for interim status, as defined in the
				  Resource Conservation and Recovery Act (RCRA), §3005(e), and §
										335.2
				  and §
										335.43
				  of this title (relating to Permit Required), must comply with the requirements
				  of Subchapter E of this chapter (relating to Interim Standards for Owners and
				  Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities) in
				  lieu of the requirements of this subchapter, until final administrative
				  disposition of his permit application is made, except as provided under 40 Code
				  of Federal Regulations (CFR) Part 264, Subpart S.
(d) The regulations of this subchapter apply
				  to all owners and operators subject to the requirements of §
										335.2(m)
				  of this title when the commission issues either a post-closure permit or a
				  post-closure order at the facility. When the commission issues a post-closure
				  order, references in this subchapter to "in the permit" also mean "in the
				  order."
(e) The commission may
				  replace all or part of the requirements of
				  40 CFR Part
				  264 Subpart G (relating to Closure and
				  Post-Closure), as amended and adopted in §
										335.152(a)(5)
				  of this title (relating to Standards) and the unit specific standards in
				  §§
										335.169,
				  335.172,
				  and
				  335.174
				  of this title (relating to Closure and Post-Closure Care (Surface
				  Impoundments); Closure and Post-Closure Care (Land Treatment Units), and
				  Closure and Post-Closure Care (Landfills)) applying to regulated units, with
				  alternative requirements as set out in a permit or order where the commission
				  determines that:
(1) a regulated unit is
				  situated among solid waste management units or area of concern, a release has
				  occurred, and both the regulated unit and one or more solid waste management
				  unit(s) or area of concern are likely to have contributed to the release;
				  and
(2) it is not necessary to
				  apply the closure requirements of this subchapter (and those referenced herein)
				  because the alternative requirements will be protective of human health and the
				  environment and will satisfy the performance standards of §
											335.8 of
				  this title (relating to Closure and Remediation) and §
											335.167
				  of this title.