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 335.45 - Effect on Existing Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Effect on permitted off-site facilities. Subchapters B - E of this chapter
				  (relating to Hazardous Waste Management General Provisions; Standards
				  Applicable to Generators of Hazardous Waste; Standards Applicable to
				  Transporters of Hazardous Waste; and Interim Standards for Owners and Operators
				  of Hazardous Waste Storage, Processing, or Disposal Facilities), provide
				  minimum requirements applicable to all persons generating, transporting,
				  storing, processing, and disposing of hazardous waste. All persons holding
				  permits or any other authorizations from the commission or its predecessor
				  agencies, which relate to hazardous waste, shall meet the requirements of
				  Subchapter E of this chapter until final administrative disposition of their
				  permit application pursuant to standards prescribed by Subchapter F of this
				  chapter (relating to Permitting Standards for Owners and Operators of Hazardous
				  Waste Storage, Processing, or Disposal Facilities) is made. However, where the
				  permit or authorization specifies additional or more stringent requirements,
				  the provisions of the permit or authorization shall be complied with.
(b) Effect on off-site facilities without a
				  permit to re-use, recycle, or reclaim hazardous waste, or to burn hazardous
				  waste in boilers or industrial furnaces. Any person who has commenced the
				  off-site storage, processing, or disposal of hazardous wastes, or activities
				  that are listed, identified or described by the administrator of the United
				  States Environmental Protection Agency in 40 Code of Federal Regulations Part
				  261, on or before the effective date of statutory or regulatory amendments
				  under the Resource Conservation and Recovery Act of 1976, as amended,
				  42 United States Code
				  §§6901 et seq., concerning the
				  re-use, recycling, or reclamation of hazardous waste, or relating to the
				  burning of hazardous waste in boilers or industrial furnaces, that render such
				  wastes or activities subject to the requirements to have a hazardous waste
				  permit, shall file an application with the commission on or before the
				  effective date of such amendments, which includes the applicable information
				  required by §
										335.44
				  of this title (relating to Application for Existing On-site Facilities). Any
				  person who has commenced off-site storage, processing, or disposal of hazardous
				  waste on or before the effective date of such amendments, who has filed a
				  hazardous waste permit application with the commission on or before the
				  effective date of such amendments in accordance with the rules and regulations
				  of the commission, and who complies with requirements in this chapter
				  applicable to such activities, may continue the off-site storage, processing,
				  or disposal of the newly listed or identified wastes or waste activities until
				  such time as the Texas Natural Resource Conservation Commission approves or
				  denies the application. In cases where the aforementioned federal statutory or
				  regulatory amendments become effective prior to the effective date of state
				  statutory or regulatory amendments under Texas Health and Safety Code, Chapter
				  361, submittal to the executive director of a copy of the properly filed EPA
				  permit application within 30 days of the effective date of the applicable state
				  statutory or regulatory requirements shall constitute compliance with this
				  subsection with regard to application filing requirements. Facilities that have
				  received a permit for the re-use, recycling, or reclamation of hazardous waste
				  in accordance with Subchapter F of this chapter are not required to comply with
				  this subsection and may operate pursuant to their existing permit. Such
				  permits, however, are subject to amendment under §
										305.62 of
				  this title (relating to Amendment) or to modification under §
										305.69
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee) to reflect new regulatory requirements.