Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter B - HAZARDOUS WASTE MANAGEMENT GENERAL PROVISIONS › Section 335.41 - Purpose, Scope and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this chapter is to implement a state hazardous waste program
				  which controls from point of generation to ultimate disposal those wastes which
				  have been identified by the administrator of the United States Environmental
				  Protection Agency (EPA) in 40 Code of Federal Regulations (CFR) Part
				  261.
(b) Subchapter E of this
				  chapter (relating to Interim Standards for Owners and Operators of Hazardous
				  Waste Treatment, Storage, or Disposal Facilities); Subchapter F of this chapter
				  (relating to Permitting Standards for Owners and Operators of Hazardous Waste,
				  Treatment, Storage, or Disposal Facilities); §
										335.12
				  of this title (relating to Shipping Requirements Applicable to Owners or
				  Operators of Treatment, Storage, or Disposal Facilities); and §
										335.15
				  of this title (relating to Recordkeeping and Reporting Requirements Applicable
				  to Owners or Operators of Treatment, Storage, or Disposal Facilities) do not
				  apply to an owner or operator of a totally enclosed treatment facility, as
				  defined in §
										335.1 of
				  this title (relating to Definitions).
(c) Except as provided in §
										335.47
				  of this title (relating to Special Requirements for Persons Eligible for a
				  Federal Permit by Rule), Subchapters E and F of this chapter do not apply to
				  the owner or operator of a publicly owned treatment works (POTW) that
				  processes, stores, or disposes of hazardous waste.
(d) Subchapters E and F of this chapter do
				  not apply to:
(1) the owner or operator of an
				  elementary neutralization unit provided that if the owner or operator is
				  diluting hazardous ignitable (D001) wastes (other than the D001 High TOC
				  Subcategory as defined in
				  40 CFR §
												268.40, Table Treatment Standards for
				  Hazardous Wastes), or reactive (D003) waste, to remove the characteristic
				  before land disposal, the owner/operator must comply with the requirements in
				  40
				  CFR §
												264.17(b);
(2) persons engaged in processing or
				  containment activities during immediate response to a discharge of a hazardous
				  waste; an imminent and substantial threat of discharge of hazardous waste; a
				  discharge of a material which, when discharged, becomes a hazardous waste; or
				  an immediate threat to human health, public safety, property, or the
				  environment, from the known or suspected presence of military munitions, other
				  explosive material, or an explosive device, as determined by an explosive or
				  munitions emergency response specialist as defined in §
											335.1 of
				  this title, except that:
(A) an owner or
				  operator of a facility otherwise regulated under Subchapter E of this chapter
				  must comply with all applicable requirements of §
												335.112(a)(2) and
				  (3) of this title (relating to Standards) and
				  §
												335.113
				  of this title (relating to Reporting of Emergency Situations by Emergency
				  Coordinator);
(B) an owner or
				  operator of a facility otherwise regulated under Subchapter F of this chapter
				  must comply with all applicable requirements of §
												335.152(a)(2) and
				  (3) of this title (relating to Standards) and
				  §
												335.153
				  of this title (relating to Reporting of Emergency Situations by Emergency
				  Coordinator);
(C) any person who
				  continues or initiates hazardous waste processing or containment activities
				  after the immediate response is over is subject to all applicable requirements
				  of Subchapters E and F of this chapter and Chapter 305 of this title (relating
				  to Consolidated Permits); and
(D)
				  in the case of an explosives or munitions emergency response, if a federal,
				  state, tribal, or local official acting within the scope of his or her official
				  responsibilities, or an explosives or emergency response specialist, determines
				  that immediate removal of the material is necessary to protect human health or
				  the environment, that official or specialist may authorize the removal of the
				  material or waste by transporters who do not have EPA identification numbers
				  and without the preparation of a manifest. In the case of emergencies involving
				  military munitions, the responding military emergency response specialist's
				  organizational unit must retain records for three years identifying the dates
				  of the response, the responsible persons responding, the type and description
				  of material addressed, and its disposition;
(3) persons adding absorbent material to
				  waste in a container, as defined in §
											335.1 of
				  this title and persons adding waste to absorbent material in a container,
				  provided that these actions occur at the time that waste is first placed in the
				  container, and that in the case of permitted facilities,
				  40
				  CFR §§
												264.17(b),
				  264.171,
				  and
				  264.172
				  are complied with, and for all other facilities,
				  40
				  CFR §§
												265.17(b),
				  265.171,
				  and
				  265.172
				  are complied with;
(4) a farmer
				  disposing of waste pesticides from the farmer's own use in compliance with
				  40 CFR
				  §
												262.70 as adopted under § 335.57
				  of this title (relating to Farmers);
(5) the owner or operator of a wastewater
				  treatment unit, as defined in §
											335.1 of
				  this title, provided that the wastewater is discharged in accordance with a
				  Texas Pollutant Discharge Elimination System authorization issued under Texas
				  Water Code, Chapter 26, and if the owner or operator is diluting hazardous
				  ignitable (D001) wastes (other than the D001 High TOC Subcategory as defined in
				  40 CFR §
												268.40) or reactive (D003) waste to remove
				  the characteristic before land disposal, must comply with the requirements in
				  40
				  CFR §
												264.17(b);
(6) the owner or operator of a wastewater
				  treatment unit, as defined in §
											335.1 of
				  this title, located at a noncommercial solid waste management facility that
				  discharges to a publicly owned treatment works, provided that if the owner or
				  operator is diluting hazardous ignitable (D001) wastes (other than the D001
				  High TOC Subcategory as defined in
				  40 CFR §
												268.40) or reactive (D003) waste to remove
				  the characteristic before land disposal, must comply with the requirements in
				  40
				  CFR §
												264.17(b);
(7) the owner or operator of a wastewater
				  treatment unit, as defined in §
											335.1 of
				  this title, located at a municipal solid waste facility or commercial
				  industrial solid waste landfill disposal facility that discharges to a publicly
				  owned treatment works liquid wastes that are incidental to the handling,
				  processing, storage, or disposal of solid wastes, provided that if the owner or
				  operator is diluting hazardous ignitable (D001) wastes (other than the D001
				  High TOC Subcategory as defined in
				  40 CFR §
												268.40) or reactive (D003) waste to remove
				  the characteristic before land disposal, must comply with the requirements in
				  40
				  CFR §
												264.17(b);
(8) the owner or operator of a wastewater
				  treatment unit, as defined in §
											335.1 of
				  this title, located at a commercial industrial solid waste facility that
				  receives waste for discharge to a publicly owned treatment works, provided that
				  if the owner or operator is diluting hazardous ignitable (D001) wastes (other
				  than the D001 High TOC Subcategory as defined in
				  40 CFR §
												268.40) or reactive (D003) waste to remove
				  the characteristic before land disposal, must comply with the requirements in
				  40
				  CFR §
												264.17(b), but is
				  subject to the permitting requirements of §
											335.2(n)
				  of this title (relating to Permit Required);
(9) the owner or operator of a facility
				  permitted, licensed, or registered by a state to manage municipal or industrial
				  solid waste, if the only hazardous waste the facility treats, stores, or
				  disposes of is excluded from regulation under this chapter by
				  40 CFR
				  §
												262.14 as adopted under § 335.53
				  of this title (relating to General Standards Applicable to Generators of
				  Hazardous Waste);
(10) a generator
				  accumulating waste on-site in compliance with applicable conditions for
				  exemption in
				  40 CFR
				  §§
												262.14,
				  262.15,
				  262.16,
				  or
				  262.17
				  as adopted under § 335.53 of this title except to the extent the
				  requirements of Subchapter E or F of this chapter are included in
				  40 CFR
				  §§
												262.14 -
				  262.17;
				  or
(11) a reverse distributor
				  accumulating potentially creditable hazardous waste pharmaceuticals and
				  evaluated hazardous waste pharmaceuticals, in compliance with Subchapter W of
				  this chapter (relating to Management Standards for Hazardous Waste
				  Pharmaceuticals).