reglab/statecodes huggingface dataset:
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 335.169 - Closure and Post-Closure Care (Surface Impoundments)

Current through Reg. 49, No. 28; July 12, 2024
(a) At closure, the owner or operator must:
(1) remove or decontaminate all waste
				  residues, contaminated containment system components (liners, etc.)
				  contaminated subsoils, and structures and equipment contaminated with waste and
				  leachate, and manage them as hazardous waste unless 40 Code of Federal
				  Regulations (CFR) §261.3(d) applies; or
(2) eliminate free liquids by removing liquid
				  wastes or solidifying the remaining wastes and waste residues; stabilize
				  remaining wastes to a bearing capacity sufficient to support final cover; and
				  cover the surface impoundment with a final cover designed and constructed to:
(A) provide long-term minimization of the
				  migration of liquids through the closed impoundment;
(B) function with minimum
				  maintenance;
(C) promote drainage
				  and minimize erosion or abrasion of the final cover;
(D) accommodate settling and subsidence so
				  that the cover's integrity is maintained; and
(E) have a permeability less than or equal to
				  the permeability of any bottom liner system or natural subsoils
				  present.
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 335.170 - Design and Operating Requirements (Waste Piles)

Current through Reg. 49, No. 28; July 12, 2024
(a) A waste pile (except for an existing
				  portion of a waste pile) must have:
(1) a
				  liner that is designed, constructed, and installed to prevent any migration of
				  wastes out of the pile into the adjacent subsurface soil or groundwater or
				  surface water at any time during the active life (including the closure period)
				  of the waste pile. The liner may be constructed of materials that may allow
				  waste to migrate into the liner itself (but not into the adjacent subsurface
				  soil or groundwater or surface water) during the active life of the facility.
				  The liner must be:
(A) constructed of
				  materials that have appropriate chemical properties and sufficient strength and
				  thickness to prevent failure due to pressure gradients (including static head
				  and external hydrogeologic forces), physical contact with the waste or leachate
				  to which they are exposed, climatic conditions, the stress of installation, and
				  the stress of daily operation;
(B)
				  placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate; and
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 335.171 - Design and Operating Requirements (Land Treatment Units)

Current through Reg. 49, No. 28; July 12, 2024
The commission will specify in the facility permit how the
					 owner or operator will design, construct, operate, and maintain the land
					 treatment unit in compliance with this section.
(1) The owner or operator must design,
				  construct, operate, and maintain the unit to maximize the degradation,
				  transformation, and immobilization of hazardous constituents in the treatment
				  zone. The owner or operator must design, construct, operate, and maintain the
				  unit in accord with all design and operating conditions that were used in the
				  treatment demonstration under 40 Code of Federal Regulations §264.272. At
				  a minimum, the commission will specify the following in the facility permit:
(A) the rate and method of waste application
				  to the treatment zone;
(B) measures
				  to control soil pH;
(C) measures to
				  enhance microbial or chemical reactions (e.g., fertilization, tilling);
				  and
(D) measures to control the
				  moisture content of the treatment zone.
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 335.172 - Closure and Post-Closure Care (Land Treatment Units)

Current through Reg. 49, No. 28; July 12, 2024
(a) During the closure period, the owner or
				  operator must:
(1) continue all operations
				  (including pH control) necessary to maximize degradation, transformation, or
				  immobilization of hazardous constituents within the treatment zone as required
				  under §
											335.171(1)
				  of this title (relating to Design and Operating Requirements (Land Treatment
				  Units)), except to the extent such measures are inconsistent with paragraph (8)
				  of this subsection;
(2) continue
				  all operations in the treatment zone to minimize run-off of hazardous
				  constituents as required under §
											335.171(3)
				  of this title;
(3) maintain the
				  run-on control system required under §
											335.171(3)
				  of this title;
(4) maintain the
				  run-off management system required under §
											335.171(4)
				  of this title;
(5) control wind
				  dispersal of hazardous waste if required under §
											335.171(6)
				  of this title;
(6) continue to
				  comply with any prohibitions or conditions concerning growth of food-chain
				  crops under 40 Code of Federal Regulations (CFR) §264.276;
(7) continue unsaturated zone monitoring in
				  compliance with
				  40 CFR
				  §264.278, except that soil-pore liquid
				  monitoring may be terminated 90 days after the last application of waste to the
				  treatment zone; and
(8) establish a
				  vegetative cover on the portion of the facility being closed at such time that
				  the cover will not substantially impede degradation, transformation, or
				  immobilization of hazardous constituents in the treatment zone. The vegetative
				  cover must be capable of maintaining growth without extensive
				  maintenance.
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 335.173 - Design and Operating Requirements (Landfills)

Current through Reg. 49, No. 28; July 12, 2024
(a) Any landfill that is not covered by
				  subsection (c) of this section or 40 Code of Federal Regulations (CFR)
				  §265.301(a) must have a liner system for all portions of the landfill
				  (except for existing portions of such landfill). The liner system must have:
(1) a liner that is designed, constructed,
				  and installed to prevent any migration of wastes out of the landfill to the
				  adjacent subsurface soil or groundwater or surface water at any time during the
				  active life (including the closure period) of the landfill. The liner must be
				  constructed of materials that prevent wastes from passing into the liner during
				  the active life of the facility. The liner must be:
(A) constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation, and the
				  stress of daily operation;
(B)
				  placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate; and
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 335.174 - Closure and Post-Closure Care (Landfills)

Current through Reg. 49, No. 28; July 12, 2024
(a) At final closure of the landfill or upon
				  closure of any cell, the owner or operator must cover the landfill or cell with
				  a final cover designed and constructed to:
(1) provide long-term minimization of
				  migration of liquids through the closed landfill;
(2) function with minimum
				  maintenance;
(3) promote drainage
				  and minimize erosion or abrasion of the cover;
(4) accommodate settling and subsidence so
				  that the cover's integrity is maintained; and
(5) have a permeability less than or equal to
				  the permeability of any bottom liner system or natural subsoils
				  present.
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 335.175 - Special Requirements for Bulk and Containerized Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) The placement of bulk or
				  non-containerized liquid hazardous waste or hazardous waste containing free
				  liquids (whether or not sorbents have been added) in any landfill is
				  prohibited.
(b) To demonstrate the
				  absence or presence of free liquids in either a containerized or bulk waste,
				  the following test must be used: Method 9095B (Paint Filter Liquids Test) as
				  described in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," EPA Publication SW-846, as incorporated by reference in 40 Code of
				  Federal Regulations (CFR) §260.11 and in §
										335.31
				  of this title (relating to Incorporation of References).
(c) The placement of any liquid which is not
				  a hazardous waste in a landfill is prohibited, unless the owner or operator of
				  such landfill demonstrates to the commission, or the commission determines
				  that:
(1) the only reasonably available
				  alternative to the placement in such landfill is placement in a landfill or
				  unlined surface impoundment, whether or not permitted or operating under
				  interim status, which contains or may reasonably be anticipated to contain
				  hazardous waste; and
(2) placement
				  in such owner or operator's landfill will not present a risk of contamination
				  of any "underground source of drinking water" (as that term is defined in
				  §
											331.2 of
				  this title (relating to Definitions)).
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 335.176 - Special Requirements for Containers

Current through Reg. 49, No. 28; July 12, 2024
Unless they are very small, such as an ampule, containers
					 must be crushed, shredded, or similarly reduced in volume to the maximum extent
					 practical before burial in a landfill.
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 335.177 - General Performance Standard

Current through Reg. 49, No. 28; July 12, 2024
No person may cause, suffer, allow, or permit the storage,
					 processing, or disposal of hazardous waste in such a manner so as to
					 cause:
(1) the discharge or imminent
				  threat of discharge of hazardous waste, hazardous or nonhazardous constituents,
				  or any other materials resulting from industrial solid waste activities,
				  including, but not limited to, reaction products, into or adjacent to the
				  waters in the state without specific authorization for such discharge from the
				  Texas Natural Resource Conservation Commission;
(2) the creation and maintenance of a
				  nuisance; or
(3) the endangerment
				  of the public health or welfare.
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 335.178 - Cost Estimate for Closure

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of 40 Code of Federal
					 Regulations (CFR) §264.142 (excluding
					 40 CFR
					 §264.142(a)(2)), the
					 closure cost estimate must be based on the costs to the owner or operator of
					 hiring a third party to close the facility. A third party is a party who is
					 neither the parent nor a subsidiary of the owner or operator (see definition of
					 parent corporation in
					 40 CFR
					 §264.141(d)).
					 Notwithstanding other closure costs, such estimate must also include the costs
					 associated with third party removal, shipment, off-site, and processing or
					 disposal off-site, and processing or disposal off-site of the following wastes
					 to an authorized storage, processing, or disposal facility:
(1) maximum inventory of wastes in storage
				  and/or processing units, including, but not limited to, storage surface
				  impoundments, waste piles, tanks, and containers;
(2) wastes generated as a result of closure
				  activities (e.g. decontamination, removal of liquids from surface impoundments,
				  or waste piles);
(3) contaminated
				  stormwater; and
(4)
				  leachate.
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 335.179 - Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Before a permit
				  or post-closure order may be issued, amended, extended, or renewed for a solid
				  waste facility for storage, processing, or disposal of hazardous waste, the
				  commission shall determine the type or types of financial assurance which may
				  be used by the applicant to comply with applicable regulations.
(b) Before hazardous waste may be stored,
				  processed, or disposed of at a solid waste facility subject to this subchapter,
				  the permittee must:
(1) establish financial
				  assurance for the amount of the closure cost estimate in a manner that meets
				  the requirements of Chapter 37, Subchapter P of this title (relating to
				  Financial Assurance for Hazardous and Nonhazardous Industrial Solid Waste
				  Facilities), in addition to the requirements specified in §
											335.152(a)(6)
				  of this title (relating to Standards); and
(2) establish financial assurance for the
				  amount of the post closure cost estimate in a manner that meets the
				  requirements of Chapter 37, Subchapter P of this title, in addition to the
				  requirements specified in §
											335.152(a)(6)
				  of this title, if the facility:
(A) includes a
				  disposal facility;
(B) includes a
				  pile, and/or surface impoundment from which the owner or operator intends to
				  remove the wastes at closure, to the extent that these sections are made
				  applicable to such facilities in §
												335.169
				  of this title (relating to Closure and Post-Closure Care (Surface
				  Impoundments)) and 40 Code of Federal Regulations, §264.258;
(C) includes a tank system that is required
				  under §
												335.152 of
				  this title, to meet the requirements for landfills;
(D) includes a containment building that is
				  required under §
												335.152 of
				  this title, to meet the requirements for landfills; or
(E) is notified by the executive director of
				  the need for post closure financial assurance for another type of
				  unit.
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 335.180 - Impact of New Hazardous Waste Management Facilities on Local Land Use

Current through Reg. 49, No. 28; July 12, 2024
In evaluating an application for a new hazardous waste
					 management facility permit, the commission shall assess the impact of the
					 proposed facility on local land use in the area, including any relevant land
					 use plans in existence before publication of the notice of intent to file a
					 solid waste permit application, or, if no notice of intent is filed, at the
					 time the permit application is filed.
(1) In determining whether a new hazardous
				  waste management facility is compatible with local land use, the commission
				  shall consider, at a minimum:
(A) the
				  location of industrial and other waste-generating facilities in the
				  area;
(B) the amounts of hazardous
				  waste generated by those facilities;
(C) the risks associated with the
				  transportation of hazardous waste to the facility; and
(D) compatibility of the application with any
				  land use plan adopted pursuant to the Texas Local Government Code, Chapter 211
				  (Vernon's Supplement 1991), or with local planning, zoning, or land use laws
				  and ordinances in existence before publication of the notice of intent to file
				  a solid waste permit application, or, if no notice of intent is filed, at the
				  time the permit application is filed.
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 335.181 - Need for Specific Commercial Hazardous Waste Management Technologies

Current through Reg. 49, No. 28; July 12, 2024
In evaluating an application for a new commercial hazardous
					 waste management facility permit, the commission shall determine the need for
					 the specific technology proposed in the facility to manage new or increased
					 volumes of waste generated in the state, in accordance with Texas Health and
					 Safety Code, § 361.0232.
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 335.182 - Burden on Public Roadways by a New Commercial Hazardous Waste Management Facility

Current through Reg. 49, No. 28; July 12, 2024
In evaluating an application for a new commercial hazardous
					 waste management facility permit, if the commission determines that a burden on
					 public roadways will be imposed by the new commercial hazardous waste
					 management facility, the commission shall require the applicant to pay the cost
					 of the improvements necessary to minimize or mitigate the burden. The standards
					 by which the commission shall make such a determination may include, but are
					 not limited to, the requirements found in any of the following:
(1) Policy on Geometric Design of Highways
				  and Streets, published by the American Association of State Highways and
				  Transportation Officials (1990);
(2) Texas Manual on Uniform Traffic Control
				  Devices;
(3) Highway Capacity
				  Manual, published by the National Highway Institute;
(4) Highway Design Division and Procedures
				  Manual, published by the Texas Department of Highways and Public
				  Transportation; and
(5) Texas
				  Flexible Pavement Design System.
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 335.183 - Emergency Response Capabilities Required for New Commercial Hazardous Waste Management Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  evaluating an application for a new commercial hazardous waste management
				  facility permit, the commission shall verify that:
(1) sufficient emergency response
				  capabilities are available or will be available before the facility first
				  receives waste, in the area in which the facility is located or proposed to be
				  located; or
(2) the applicant has
				  secured sufficient financial assurance in accordance with §
											305.50(12)(C)(ii)
				  or (D) of this title (relating to Additional
				  Requirements for an Application for a Solid Waste Permit) to fund the emergency
				  response personnel and equipment determined to be necessary by the commission,
				  to manage a reasonable worst-case emergency condition associated with the
				  operation of the facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter G - LOCATION STANDARDS FOR HAZARDOUS WASTE STORAGE, PROCESSING, OR DISPOSAL › Section 335.201 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter establishes minimum standards for the location of facilities
				  used for the storage, processing, and disposal of hazardous waste. These
				  standards are to be applied in the evaluation of an application for a permit to
				  manage hazardous waste. Except as otherwise provided in this section, this
				  subchapter applies to permit applications for new hazardous waste management
				  facilities and areal expansions of existing hazardous waste management
				  facilities, filed on or after September 1, 1984. These sections do not apply to
				  the following:
(1) permit applications
				  submitted pursuant to §
											335.2(c)
				  of this title (relating to Permit Required), §
											335.43(b)
				  of this title (relating to Permit Required), and §
											335.45(b)
				  of this title (relating to Effect on Existing Facilities), including any
				  revision submitted pursuant to §
											305.51
				  of this title (relating to Revision of Applications for Hazardous Waste
				  Permits);
(2) permit applications
				  filed pursuant to §
											335.2(a)
				  of this title which have been submitted in accordance with Chapter 305 of this
				  title (relating to Consolidated Permits) and which have been declared to be
				  administratively complete pursuant to §
											281.3
				  of this title (relating to Initial Review) prior to September 1, 1984;
				  and
(3) on-site remedial actions
				  conducted pursuant to the federal Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980,
				  42
				  United States Code §§9601 et seq.,
				  as amended by the Superfund Amendments Reauthorization Act of 1986 or Texas
				  Health and Safety Code, Chapter 361, Subchapter F.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter G - LOCATION STANDARDS FOR HAZARDOUS WASTE STORAGE, PROCESSING, OR DISPOSAL › Section 335.203 - Site Selection To Protect Groundwater or Surface Water

Current through Reg. 49, No. 28; July 12, 2024
The commission may not issue a permit for a new hazardous
					 waste management facility or the areal expansion of an existing hazardous waste
					 management facility unless it finds that the proposed site, when evaluated in
					 light of proposed design, construction, and operational features, reasonably
					 minimizes possible contamination of surface water and groundwater. In making
					 this determination, the commission shall consider the following factors:
(1) active geologic processes such as
				  flooding, erosion, subsidence, submergence, and faulting;
(2) groundwater conditions such as
				  groundwater flow rate, groundwater quality, length of flow path to points of
				  discharge, and aquifer recharge or discharge conditions;
(3) soil conditions such as stratigraphic
				  profile and complexity, hydraulic conductivity of strata, and separation
				  distance from the facility to the aquifer and points of discharge to surface
				  water; and
(4) climatological
				  conditions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter G - LOCATION STANDARDS FOR HAZARDOUS WASTE STORAGE, PROCESSING, OR DISPOSAL › Section 335.206 - Petitions for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
Local governments may petition the commission for a rule
					 which restricts or prohibits the siting of a new hazardous waste management
					 facility in areas including, but not limited to, those meeting one or more of
					 the characteristics delineated in Texas Health and Safety Code,, §
					 361.022, and §
										335.204
					 of this title (relating to Unsuitable Site Characteristics). Such petitions
					 shall be submitted in writing and shall comply with the requirements of §
					 275.78 of this title (relating to Petition for Adoption of Rules). No rule
					 adopted by the commission under this section shall affect the siting of a new
					 hazardous waste management facility if an application or a notice of intent to
					 file an application with respect to such facility has been filed with the
					 commission prior to the filing of a petition under this
					 section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 1 - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL › Section 335.211 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The regulations
					 of this section and §§
											335.212-
					 335.214
					 of this title (relating to Standards Applicable to Generators and Transporters
					 of Materials Used in a Manner that Constitutes Disposal; Standards Applicable
					 to Storers of Materials That Are To Be Used In a Manner that Constitutes
					 Disposal Who Are Not the Ultimate Users; and Standards to Users of Materials
					 That Are Used in a Manner that Constitutes Disposal) apply to recyclable
					 materials that are applied to or placed on the land:
(1) without mixing with any other
					 substance(s);
(2) after mixing or
					 combination with any other substance(s). These materials will be referred to
					 throughout this subpart as materials used in a manner that constitutes
					 disposal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 1 - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL › Section 335.212 - Standards Applicable to Generators and Transporters of Materials Used in a Manner That Constitutes Disposal

Current through Reg. 49, No. 28; July 12, 2024
Generators and transporters of materials that are used in
						a manner that constitutes disposal are subject to the applicable requirements
						of Subchapter A of this chapter (relating to Industrial Solid Waste and
						Municipal Hazardous Waste Management in General), Subchapter C of this chapter
						(relating to Standards Applicable to Generators of Hazardous Waste) and
						Subchapter D of this chapter (relating to Standards Applicable to Transporters
						of Hazardous Waste), and the notification requirement under §
											335.6
						of this title (relating to Notification Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 1 - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL › Section 335.213 - Standards Applicable to Storers of Materials That Are To Be Used in a Manner That Constitutes Disposal Who Are Not the Ultimate Users

Current through Reg. 49, No. 28; July 12, 2024
Owners or operators of facilities that store recyclable
						materials that are to be used in a manner that constitutes disposal, but who
						are not the ultimate users of the materials, are regulated under all applicable
						provisions of Subchapter A of this chapter (relating to Industrial Solid Waste
						and Municipal Hazardous Waste in General), Subchapter B of this chapter
						(relating to Hazardous Waste Management-General Provisions), 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), Subchapter U of
						this chapter (relating to Standards for Owners and Operators of Hazardous Waste
						Facilities Operating under a Standard Permit); Chapter 1 of this title
						(relating to Purpose of Rules, General Provisions); Chapter 3 of this title
						(relating to Definitions); Chapter 10 of this title (relating to Commission
						Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 37 of
						this title (relating to Financial Assurance); Chapter 39 of this title
						(relating to Public Notice); Chapter 40 of this title (relating to Alternative
						Dispute Resolution Procedure); Chapter 50 of this title (relating to Action on
						Applications and Other Authorizations); Chapter 55 of this title (relating to
						Requests for Reconsideration and Contested Case Hearings; Public Comment);
						Chapter 70 of this title (relating to Enforcement); Chapter 80 of this title
						(relating to Contested Case Hearings); Chapter 86 of this title (relating to
						Special Provisions for Contested Case Hearings); Chapter 305 of this title
						(relating to Consolidated Permits), and the notification requirement under
						§
											335.6
						of this title (relating to Notification Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 1 - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL › Section 335.214 - Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or
					 operators of facilities that use recyclable materials in a manner that
					 constitutes disposal are regulated under all applicable provisions of
					 Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal
					 Hazardous Waste Management in General), Subchapter B of this chapter (relating
					 to Hazardous Waste Management--General Provisions), Subchapter E of this
					 chapter (relating to Interim Standards for Owners and Operators of Hazardous
					 Waste Storage, Processing, or Disposal Facilities), Subchapter F of this
					 chapter (relating to Permitting Standards for Owners and Operators of Hazardous
					 Waste Storage, Processing, or Disposal Facilities), Subchapter O of this
					 chapter (relating to Land Disposal Restrictions), Chapter 1 of this title
					 (relating to Purpose of Rules, General Provisions); Chapter 3 of this title
					 (relating to Definitions); Chapter 10 of this title (relating to Commission
					 Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 37 of
					 this title (relating to Financial Assurance); Chapter 39 of this title
					 (relating to Public Notice); Chapter 40 of this title (relating to Alternative
					 Dispute Resolution); Chapter 50 of this title (relating to Actions on
					 Applications); Chapter 55 of this title (relating to Request for Contested Case
					 Hearings); Chapter 70 of this title (relating to Enforcement); Chapter 80 of
					 this title (relating to Contested Case Hearings); Chapter 86 of this title
					 (relating to Special Provisions for Contested Case Hearings); Chapter 261 of
					 this title (relating to Introductory Provisions); Chapter 277 of this title
					 (relating to Use Determinations for Tax Exemption for Pollution Control
					 Property); Chapter 305 of this title (relating to Consolidated Permits), and
					 the notification requirement under §
											335.6
					 of this title (relating to Notification Requirements). These requirements do
					 not apply to products which contain these recyclable materials under the
					 provisions of §
											335.211(b)
					 of this title (relating to Applicability).
(b) The use of waste or used oil or other
					 material, which is contaminated with dioxin or any other hazardous waste (other
					 than a waste identified solely on the basis of ignitability) for dust
					 suppression or road treatment is prohibited.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 2 - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY › Section 335.222 - Management Prior to Burning

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Generators. Generators of hazardous waste that is burned in a boiler or
					 industrial furnace are subject to the requirements of Subchapter C of this
					 chapter (relating to Standards Applicable to Generators of Hazardous
					 Waste).
(b) Transporters.
					 Transporters of hazardous waste that is burned in a boiler or industrial
					 furnace are subject to the requirements of Subchapter D of this chapter
					 (relating to Standards Applicable to Transporters of Hazardous
					 Waste).
(c) Storage and processing
					 facilities. The provisions listed under paragraph (1) of this subsection apply
					 to storage or processing by burners and by intermediaries such as processors,
					 blenders, and distributors between the generator and the burner.
(1) Owners and operators of facilities that
					 store or process hazardous waste that is burned in a boiler or industrial
					 furnace are subject to the applicable provisions of the following, except as
					 provided by paragraph (2) of this subsection:
(A) Subchapter A of this chapter (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste in General);
(B) Subchapter B of this chapter (relating to
					 Hazardous Waste Management General Provisions);
(C) Subchapter E of this chapter (relating to
					 Interim Standards for Owners and Operators of Hazardous Waste Treatment,
					 Storage, or Disposal Facilities), except §335.112(a)(12) - (19) of this
					 title (relating to Standards);
(D)
					 Subchapter F of this chapter (relating to Permitting Standards for Owners and
					 Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities),
					 except §335.152(11) - (16) of this title (relating to
					 Standards);
(E) Subchapter U of
					 this chapter (relating to Standards for Owners and Operators of Hazardous Waste
					 Facilities Operating under a Standard Permit); and
(F) Chapter 305 of this title (relating to
					 Consolidated Permits).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 2 - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY › Section 335.223 - Additional Permit Standards for Burners

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the permit standards for
					 burners under §
											335.221(a)(2)-(6)
					  of this title (relating to Applicability and
					 Standards), owners and operators of boilers and industrial furnaces that burn
					 hazardous waste are subject to the following provisions, including the
					 applicable provisions of Subchapter A of this chapter (relating to Industrial
					 Solid Waste and Municipal Hazardous Waste Management in General) and Subchapter
					 F of this chapter (relating to Permitting Standards for Owners and Operators of
					 Hazardous Waste Storage, Processing, or Disposal Facilities), as follows:
(1)
												§
												335.12
					 of this title (relating to Shipping Requirements Applicable to Owners or
					 Operators of Storage, Processing, or Disposal Facilities);
(2)
												§
												335.15
					 of this title (relating to Recordkeeping and Reporting Requirements Applicable
					 to Owners or Operators of Storage, Processing, or Disposal
					 Facilities);
(3)
												§
												335.153
					 of this title (relating to Reporting of Emergency Situations by Emergency
					 Coordinator);
(4)
												§ 335.154 of
					 this title (relating to Reporting Requirements for Owners and
					 Operators);
(5)
												§
												335.155 of
					 this title (relating to Additional Reports);
(6)
												§
												335.156
					 of this title (relating to Applicability of Groundwater Monitoring and
					 Response);
(7)
												§
												335.167
					 of this title (relating to Corrective Action for Solid Waste Management
					 Units);
(8)
												§
												335.178
					 of this title (relating to Cost Estimate for Closure).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 2 - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY › Section 335.224 - Additional Interim Status Standards for Burners

Current through Reg. 49, No. 28; July 12, 2024
In addition to the interim status standards for burners
						under §335.221(a)(7) - (14) of this title (relating to Applicability and
						Standards), owners and operators of "existing" boilers and industrial furnaces
						that burn hazardous waste are subject to the following provisions, including
						the applicable provisions of Subchapter A of this chapter (relating to
						Industrial Solid Waste and Municipal Hazardous Waste Management in General) and
						Subchapter E of this chapter (relating to Interim Standards for Owners and
						Operators of Hazardous Waste Storage, Processing, or Disposal Facilities), as
						follows:
(1) If a boiler or industrial
					 furnace is located at a facility that already has a permit or interim status,
					 then the owner or operator must comply with the applicable rules and
					 regulations dealing with permit amendments or modifications under Chapter 305
					 of this title (relating to Consolidated Permits) and 40 Code of Federal
					 Regulations (CFR) §270.42, or revisions of applications for hazardous
					 waste permits and changes during interim status under Chapter 305 of this title
					 and
					 40 CFR
					 §270.72.
(2) The requirements of this section and
					 §335.221(a)(7) - (14) of this title do not apply to hazardous wastes and
					 facilities exempt under §
											335.221(b)
					 of this title or exempt under
					 40 CFR
					 §266.108, as adopted under §
											335.221(a)(19)
					 of this title.
(3) Owners and
					 operators of existing boilers and industrial furnaces that burn hazardous waste
					 are subject to the following provisions:
(A)
												§
												335.12
					 of this title (relating to Shipping Requirements Applicable to Owners or
					 Operators of Storage, Processing, or Disposal Facilities);
(B)
												§
												335.15
					 of this title (relating to Recordkeeping and Reporting Requirements Applicable
					 to Owners or Operators of Storage, Processing, or Disposal
					 Facilities);
(C)
												§
												335.113
					 of this title (relating to Reporting of Emergency Situations by Emergency
					 Coordinator);
(D)
												§
												335.115 of
					 this title (relating to Additional Reports);
(E)
												§
												335.127
					 of this title (relating to Cost Estimate for Closure);
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 2 - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY › Section 335.225 - Additional Standards for Direct Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) The requirements of this section and 40
					 Code of Federal Regulations (CFR) §266.111, adopted by reference at §
											335.221(a)(22)
					 of this title (relating to Applicability and Standards), apply to owners and
					 operators of boilers and industrial furnaces subject to
					 40 CFR
					 §266.102 or §
											266.103,
					 if hazardous waste is directly transferred from a transport vehicle to a boiler
					 or industrial furnace without the use of a storage unit.
(b) The direct transfer of hazardous waste to
					 a boiler or industrial furnace shall be conducted so that it does not adversely
					 affect the capability of the boiler or industrial furnace to meet required
					 standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 3 - RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY › Section 335.241 - Applicability and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The regulations of this section apply to recyclable materials that are
					 reclaimed to recover economically significant amounts of gold, silver,
					 platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of
					 these.
(b) Persons who generate,
					 transport, or store recyclable materials that are regulated under this section
					 are subject to the following requirements:
(1)
												§
												335.4 of
					 this title (relating to General Prohibitions);
(2)
												§
												335.6
					 of this title (relating to Notification Requirements);
(3)
												§§
												335.9-
					 335.12
					 of this title (relating to Shipping and Reporting Procedures Applicable to
					 Generators; Shipping and Reporting Procedures Applicable to Generators of
					 Municipal Hazardous Waste or Class 1 Waste; Shipping Requirements for
					 Transporters of Municipal Hazardous Waste or Class 1 Waste; Shipping
					 Requirements Applicable to Owners or Operators of Storage, Processing, or
					 Disposal Facilities), § 335.54 of this title (relating to Hazardous Waste
					 Manifest), 40 Code of Federal Regulations (CFR) §265.71 and §265.72
					 as adopted by reference under §
												335.112(a)(4)
					 of this title (relating to Standards), and
					 40 CFR §
													264.71 and §
												264.72 as
					 adopted by reference under §
												335.152(a)(4)
					 of this title (relating to Standards), for generators, transporters, or persons
					 who store, as applicable; and
(4)
					 For precious metals exported to or imported from other countries for recovery ,
					 40 Code of Federal Regulations (CFR) Part 262, Subpart H and §265.12
					 adopted by reference under §
												335.112 of
					 this title (relating to Standards).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 6 - MILITARY MUNITIONS › Section 335.271 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The purpose of this division is to adopt regulations which identify when
					 military munitions become a solid waste, and if these wastes are also hazardous
					 under this division or 40 Code of Federal Regulations Part 261, the management
					 standards that apply to these wastes.
(b) Unless otherwise specified in the
					 regulations adopted in this division, all applicable requirements of the
					 commission's rules, including, but not limited to, Chapter 305 of this title
					 (relating to Consolidated Permits) and Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste), apply to waste military
					 munitions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter I - PROHIBITION ON OPEN DUMPS › Section 335.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to authorize the
					 executive director to evaluate nonhazardous industrial solid waste land
					 disposal facilities and practices in order to determine whether the facilities
					 or practices constitute open dumps.