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 N - HOUSEHOLD HAZARDOUS WASTES › Section 335.419 - Reuse of Collected Material

Current through Reg. 49, No. 28; July 12, 2024
Any material collected or accepted by a collector or
					 operation in its original container with a legible label or that is otherwise
					 readily identifiable and which has been determined by the collector or operator
					 to be in a usable condition may be removed from the aggregated household
					 hazardous waste and provided to a person for use. Storage of materials offered
					 for reuse is not subject to the requirements of this subchapter. If any
					 reusable material is shipped for processing or disposal without having been
					 transferred to another person, the operator shall ensure that the material is
					 processed or disposed as household hazardous waste under the requirements of
					 this subchapter if it meets the definition of household hazardous waste in
					 §
										335.402(6)
					 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 O - LAND DISPOSAL RESTRICTIONS › Section 335.431 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this subchapter is to identify hazardous wastes that
				  are restricted from land disposal and define those limited circumstances under
				  which an otherwise prohibited waste may continue to be land disposed.
(b) Scope and Applicability.
(1) Except as provided in paragraph (2) of
				  this subsection, the requirements of this subchapter apply to persons who
				  generate or transport hazardous waste and owners and operators of hazardous
				  waste treatment, storage, and disposal facilities.
(2) The requirements of this subchapter do
				  not apply to any entity that is either specifically excluded from coverage by
				  this subchapter or would be excluded from the coverage of 40 Code of Federal
				  Regulations (CFR) Part 268 by 40 CFR Part 261 , if those parts
				  applied.
(3) Universal waste
				  handlers and universal waste transporters, as defined in and subject to
				  regulation under Subchapter H, Division 5 of this chapter (relating to
				  Universal Waste Rule) are exempt from
				  40
				  CFR §
												268.7 and §
											268.50.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.441 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide standards and
					 procedures for the placement of warning signs on property contaminated with
					 hazardous substances when such contamination presents a danger to public health
					 and safety.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.442 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Contaminated
				  property--Property on which hazardous substances in known or potentially
				  harmful quantities have been released, spilled, leaked, pumped, poured,
				  emitted, entered, or dumped.
(2)
				  Emergency--Any situation in which an immediate threat to public health and
				  safety exists from releases or threatened releases of hazardous substances on
				  contaminated property.
(3)
				  Hazardous substances--
(A) A substance
				  designated pursuant to the Federal Water Pollution Control Act,
				  §311(b)(2)(A), as amended (33 United States
				  Code 1321).
(B) An element, compound, mixture, solution,
				  or substance designated pursuant to the Comprehensive Environmental Response,
				  Compensation, and Liability Act, §102, as amended (42
				  United States Code 9602).
(C) A hazardous waste having the
				  characteristics identified under or listed pursuant to the federal Solid Waste
				  Disposal Act, §3001, as amended (42 United
				  States Code 6921), excluding waste, the
				  regulation of which under the federal Solid Waste Disposal Act (42
				  United States Code 6901 et seq.) has been
				  suspended by Act of Congress.
(D) A
				  toxic pollutant listed under the Federal Water Pollution Control Act,
				  §307(a), as amended (33 United States Code
				  1317).
(E) A hazardous air pollutant listed under
				  the federal Clean Air Act, §112, as amended (42 United States
				  Code 7412).
(F) Any imminently hazardous chemical
				  substance or mixture with respect to which the administrator of the
				  Environmental Protection Agency has taken action pursuant to the Toxic
				  Substances Control Act, §7 (15 United States Code
				  2606).
(G) Does not include petroleum, which means
				  crude oil or any fraction thereof that is not otherwise specifically listed or
				  designated as a hazardous substance under subparagraphs (A)-(F) of this
				  definition; nor does it include natural gas, natural gas liquids, liquefied
				  natural gas, or synthetic gas usable for fuel mixtures of natural gas and
				  synthetic gas; nor does it include waste materials which result from activities
				  associated with the exploration, development, or production of oil or gas or
				  geothermal resources or any other substance or material regulated by the
				  Railroad Commission of Texas pursuant to the Natural Resources Code, §
											91.101.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.443 - Determination of Potential Hazard to Public Health

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to placing warning signs on
				  contaminated property, a determination must be made by the executive director
				  of the Texas Water Commission that there exists a potential hazard to public
				  health and safety which will be eliminated or reduced by placing a warning sign
				  on the contaminated property. The executive director of the Texas Water
				  Commission may consult with the Texas Department of Health in making this
				  determination where appropriate. During the initial site investigation, if
				  there is sufficient information, the following factors should be considered in
				  determining whether a potential hazard to public health and safety exists:
(1) character of the contaminant(s), based on
				  labeling, type of container, if any, the presence of any marking or labeling
				  indicating the contents of any container present, laboratory analyses of the
				  contaminant(s), or media containing the contaminant(s), or other relevant
				  factors;
(2) amount and/or
				  suspected concentration of the contaminant(s);
(3) the known or suspected health effects of
				  the contaminant(s);
(4)
				  accessibility of the contaminated area to the public;
(5) route(s) of exposure;
(6) proximity of schools, hospitals, and
				  residential areas; and
(7)
				  potential for wind dispersal or other potential pathway(s) for migration of the
				  contaminant(s).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.444 - Property Owner Consents to the Placement of Warning Signs

Current through Reg. 49, No. 28; July 12, 2024
Whenever possible, written consent should be obtained from
					 the property owner of the contaminated property on which the warning signs are
					 to be placed. The commission may place warning signs on contaminated property
					 if prior written consent is obtained from the property owner for such
					 placement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.445 - Placement of Warning Signs without the Property Owner's Consent

Current through Reg. 49, No. 28; July 12, 2024
The commission shall issue an order to authorize the
					 placement of warning signs on contaminated property if no written consent has
					 been obtained for such placement from the property owner. In nonemergency
					 situations, an opportunity for a hearing on the placement of warning signs
					 shall be afforded to the property owner in accordance with the contested case
					 provisions of the Administrative Procedure and Texas Register Act, Texas Civil
					 Statutes, Article 6252-13A, §13.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.446 - Emergency Placement of Warning Signs

Current through Reg. 49, No. 28; July 12, 2024
If an emergency exists which requires the immediate
					 placement of warning signs on contaminated property to protect the public
					 health and safety and the property owner has not provided written consent to
					 the placement of warning signs, an emergency order authorizing the placement of
					 warning signs on the contaminated property may be issued without notice and a
					 hearing by the commission or with such notice and hearing as are practicable.
					 If an emergency order is issued by the commission pursuant to this section, the
					 commission shall fix a time and place for a hearing to affirm, modify, or set
					 aside the emergency order. Notice of the hearing to affirm, modify, or set
					 aside the emergency order shall be provided in accordance with the provisions
					 set forth in Chapter 305, Subchapter B of this title (relating to Emergency
					 Orders, Temporary Orders, and Executive Director
					 Authorizations).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.447 - Reporting of Placement of Warning Signs

Current through Reg. 49, No. 28; July 12, 2024
Any commission employee who places or requests the
					 placement of a warning sign on contaminated property must file a report with
					 the commission's central office in Austin within 10 days of such a request or
					 placement. The report must include the following information, if known:
(1) the name and office telephone number of
				  the reporting individual;
(2) the
				  name and telephone number of the commission personnel investigating the
				  site;
(3) the location of the
				  contaminated property;
(4) the
				  identity of the contaminant(s);
(5)
				  the physical and chemical properties of the contaminant(s);
(6) the source of the
				  contamination;
(7) the extent of
				  the area impacted by the contamination;
(8) condition(s) affecting the migration of
				  the contamination including surface water runoff, release(s) to the air,
				  releases to the groundwater, prevailing weather, and/or any fire(s);
(9) the extent of the actual and potential
				  exposure to the contaminant(s) including exposure by emergency personnel,
				  occupational exposure, and real or potential exposure to the public;
(10) a description of the procedures used or
				  proposed to be used to determine whether warning signs are necessary and to
				  determine the appropriate placement of the warning signs;
(11) when and where warning signs were placed
				  or are proposed to be placed;
(12)
				  whether written consent was obtained from the property owner; and
(13) a copy of any written consent obtained
				  from the property owner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS › Section 335.448 - Removal of Warning Signs

Current through Reg. 49, No. 28; July 12, 2024
Warning signs shall be removed from the contaminated
					 property upon approval of the executive director or the commission after
					 either:
(1) the property owner has
				  provided the commission with documentation that remedial action on the
				  contaminated property is complete and no further hazard to the public health
				  and safety exists and the commission has independently verified the information
				  provided; or
(2) the commission has
				  independently determined that remedial action on the contaminated property is
				  complete and no further hazard to the public health and safety
				  exists.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.472 - Pollutants and Contaminants

Current through Reg. 49, No. 28; July 12, 2024
The following pollutants and contaminants are subject to
					 pollution prevention planning:
(1) all
				  hazardous wastes generated that are reportable in accordance with §
										335.9
				  of this title (relating to Recordkeeping and Annual Reporting Procedures
				  Applicable to Generators); and
(2)
				  all chemicals that exceed the Form R threshold reporting requirements in
				  accordance with Emergency Planning and Community Right-To-Know Act of 1986,
				  §313.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.473 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to facilities that are required to
					 develop a pollution prevention plan in accordance with the Waste Reduction
					 Policy Act of 1991, or the regulations promulgated thereunder,
					 including:
(1) all large quantity
				  generators of hazardous waste;
(2)
				  all small quantity generators of hazardous waste; and
(3) all persons subject to §313, Title
				  III, Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning
				  and Community Right-to-Know Act (EPCRA),
				  42 United States Code,
				  §11023). These toxic release inventory
				  (TRI) covered facilities would be required to develop pollution prevention
				  plans for only the TRI listed chemicals that exceed Form R reportable threshold
				  quantities established under EPCRA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.474 - Pollution Prevention Plans

Current through Reg. 49, No. 28; July 12, 2024
All persons identified under §
										335.473
					 of this title (relating to Applicability) shall prepare a five-year pollution
					 prevention plan that shall be updated as necessary. Plans shall be maintained
					 on-site and available to commission personnel for inspection. Prior to
					 expiration of the initial plan and each succeeding five-year plan, a new
					 five-year plan shall be prepared. Plans prepared under paragraphs (1) - (3) of
					 this section shall contain a separate component addressing source reduction
					 activities and a separate component addressing waste minimization
					 activities.
(1) Large quantity
				  generators or toxic release inventory (TRI) Form R reporters. For facilities
				  that are large quantity generators as defined in §
										335.1 of
				  this title (relating to Definitions) or TRI Form R reporters, the plan shall
				  include, at a minimum:
(A) an initial survey
				  that identifies:
(i) for facilities described
				  in §
												335.473(1)
				  of this title, all activities that generate hazardous waste; and
(ii) for facilities described in
				  §335.473(3), all activities that result in a release of TRI reportable
				  chemicals;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.475 - Implementation

Current through Reg. 49, No. 28; July 12, 2024
All facilities subject to this subchapter shall develop a
					 pollution prevention plan. A facility, once subject to this subchapter, shall
					 remain subject until it no longer meets the requirements of §
										335.473
					 of this title (relating to Applicability) or is exempted under §
										335.477 of
					 this title (relating to Exemptions). The executive summary and certificate of
					 completeness shall be submitted to the executive director on the date the plan
					 is required to be in place. Any facility that becomes subject to the
					 requirement to have a pollution prevention plan, shall have 90 days from the
					 date it is required to submit its initial annual waste summary or TRI forms to
					 the commission to have the pollution prevention plan in place and available for
					 review. Facilities subject to this subchapter are required to renew their plan
					 every five years.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.476 - Reports and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
All persons required to develop a pollution prevention plan
					 for a facility under this subchapter shall submit to the commission an initial
					 executive summary of the plan following the requirements of §
										335.474(1)(J)
					 of this title (relating to Pollution Prevention Plans) for large quantity
					 generators/toxic release inventory Form R reporters or §
										335.474(2)(I)
					 of this title for small quantity generators/non-toxic release inventory Form R
					 and a copy of the certification of completeness and correctness as required by
					 §
										335.474(1)(I)
					 of this title. Within 30 days of any revision of such plan, a revised executive
					 summary, including a copy of a new certificate of completeness and correctness
					 shall be submitted. All owners and operators required to develop a plan under
					 §
										335.473(1) or
					 (3) of this title (relating to Applicability)
					 shall also submit an annual progress report as defined in paragraphs (1) - (3)
					 of this section according to the schedule outlined in paragraph (4) of this
					 section. Persons required to develop a pollution prevention plan for a facility
					 under §
										335.473(2)
					 of this title may meet the annual progress reporting requirements by submitting
					 their annual waste summary required under §
										335.9
					 of this title (relating to Recordkeeping and Annual Reporting Procedures
					 Applicable to Generators) and by submitting their hazardous waste reduction
					 goals as required under §
										335.474(2)(I)
					 of this title.
(1) The annual progress
				  report shall detail the facility's progress in implementing the pollution
				  prevention plan and include:
(A) an
				  assessment of the progress toward the achievement of the facility source
				  reduction goals and the facility waste minimization goals;
(B) a statement to include, for facilities
				  described in §
											335.473(1)
				  of this title, the amount of hazardous waste generated and, for facilities
				  described in §
											335.473(3)
				  of this title, the amount of any releases and transfers of reportable
				  pollutants or contaminants designated under Texas Health and Safety Code,
				  §
											361.503(a)(3)
				  in the year preceding the annual progress reporting year, and a comparison of
				  those amounts with the amounts generated or released using the base year;
				  and
(C) any modification to the
				  plan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.477 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not apply to:
(1) facilities regulated by the Railroad
				  Commission of Texas under the Natural Resources Code, §
										91.101
				  or §
										141.012;
(2) owners and operators of facilities listed
				  in §
										335.473
				  of this title (relating to Applicability) who may apply on a case-by-case basis
				  to the executive director for an exemption from this subchapter. The executive
				  director may grant an exemption if the applicant demonstrates that sufficient
				  reductions have been achieved. If an exemption is granted, it is valid only for
				  the following year, but can be renewed, on an annual basis, by filing a new
				  application. The executive director's decision will be based upon the following
				  standards and criteria for determining practical economic and technical
				  completion of the plan:
(A) the facility has
				  reduced the amount of pollutants and contaminants being generated or released
				  by 90% since the base year;
(B)
				  potential impact on human health and the environment of any remaining hazardous
				  waste generated, or pollutant or contaminant released; and
(C) a demonstration that additional
				  reductions are not economically and technically feasible.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.478 - Administrative Completeness

Current through Reg. 49, No. 28; July 12, 2024
The executive director may review a pollution prevention
					 plan or annual progress report to determine whether the plan or report complies
					 with this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.479 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
Failure to have a pollution prevention plan in accordance
					 with this subchapter or failure to submit a pollution prevention annual
					 progress report in accordance with this subchapter is a
					 violation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter Q - POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION › Section 335.480 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) A pollution
				  prevention plan shall be maintained at each facility owned or operated by a
				  person and/or generator who is subject to this subchapter and shall be
				  available to agency personnel for inspection. The pollution prevention plan is
				  not a public record for the purposes of Chapter 424, Acts of the 63rd
				  Legislature, 1973 (Texas Civil Statues, Article 6252-17a).
(b) The executive summary of the plan and the
				  annual progress report are public records. On request, the person and/or
				  generator shall make available to the public a copy of the executive summary of
				  the plan or annual progress report.
(c) If an owner or operator of a facility for
				  which a pollution prevention plan has been prepared shows to the satisfaction
				  of the executive director that an executive summary of the plan, annual
				  progress report, or portion of a summary or report prepared under this
				  subchapter would divulge a trade secret if made public, the executive director
				  shall classify as confidential the summary, report, or portion of the summary
				  or report.
(d) To the extent that a
				  plan, executive summary, annual progress report, or portion of a plan, summary,
				  or annual progress report would otherwise qualify as a trade secret, an action
				  by the agency does not affect its status as a trade secret.
(e) Information classified by the executive
				  director as confidential under this section is not a public record for purposes
				  of Chapter 424, Acts of the 63rd Legislature, 1973 (Texas Civil Statutes,
				  Article 6252-17a), and may not be used in a public hearing or disclosed to a
				  person outside the agency unless a court decides that the information is
				  necessary for the determination of an issue being decided at the public
				  hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.501 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
Persons who generate industrial solid waste or municipal
					 hazardous waste shall comply with the provisions of this subchapter. Wastes
					 that are regulated under Chapter 334, Subchapter K of this title (relating to
					 Storage, Treatment, and Reuse Procedures for Petroleum-Substance Contaminated
					 Soil) are not subject to the provisions of this subchapter. Persons who
					 generate wastes in Texas shall classify their own waste according to the
					 standards set forth in this subchapter and may do so without any prior approval
					 or communication with the agency other than notification of waste generation
					 activities pursuant to §
										335.6
					 of this title (relating to Notification Requirements) and submittal of required
					 documentation pursuant to §
										335.513 of
					 this title (relating to Documentation Required). A generator of industrial
					 solid waste or special waste as defined by §
										330.3 of
					 this title (relating to Definitions) shall refer to Chapter 330 of this title
					 (relating to Municipal Solid Waste) for regulations regarding the disposal of
					 such waste prior to shipment to a municipal landfill. Used oil, as defined and
					 regulated under Chapter 324 of this title (relating to Used Oil), is not
					 subject to the provisions of this subchapter. This subchapter:
(1) provides a procedure for implementation
				  of Texas waste notification system; and
(2) establishes standards for classification
				  of industrial solid waste and municipal hazardous waste managed in
				  Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.502 - Conversion to Waste Notification and Classification System

Current through Reg. 49, No. 28; July 12, 2024
(a) Waste notification information as
				  required under §
										335.6
				  of this title (relating to Notification Requirements) and waste codes required
				  under §
										335.10(b)
				  of this title (relating to Shipping and Reporting Procedures Applicable to
				  Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of
				  Hazardous Waste) shall be assigned by the generator and provided to the
				  executive director as provided by this chapter.
(1) All waste notification information
				  provided in accordance with the schedule set forth in this subchapter shall be
				  provided in a format defined by the executive director.
(2) All waste notification information may be
				  submitted on paper or by electronic data transmission, in accordance with the
				  requirements of §
											335.6
				  of this title.
(3) Forms and format
				  information for submitting notice of registration information on paper or by
				  electronic means may be obtained by contacting the agency at the address listed
				  in Appendix 2 of this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.503 - Waste Classification and Waste Coding Required

Current through Reg. 49, No. 28; July 12, 2024
(a) All industrial solid and municipal
				  hazardous waste generated, stored, processed, transported, or disposed of in
				  the state shall be classified according to the provisions of this subchapter.
(1) All solid waste shall be classified at
				  the point of generation of the waste. A generator may not dilute a waste to
				  avoid a Class 1 classification; however, combining nonhazardous waste streams
				  for subsequent legitimate processing, storage, or disposal does not constitute
				  dilution and is acceptable. Wastes shall be classified prior to, and following
				  any type of processing or mixing of the waste. Hazardous waste and industrial
				  solid waste are subject to the waste management requirements of this
				  chapter.
(2) All industrial solid
				  and municipal hazardous waste shall be classified as either:
(A) hazardous;
(B) Class 1;
(C) Class 2; or
(D) Class 3.
(3) A person who generates a solid waste
				  shall first determine if that waste is hazardous pursuant to §
											335.504
				  of this title (relating to Hazardous Waste Determination).
(4) After making the hazardous waste
				  determination as required in paragraph (3) of this subsection, if the waste is
				  determined to be nonhazardous, the generator shall then classify the waste as
				  Class 1, Class 2, or Class 3, pursuant to §§
											335.505-
				  335.507
				  of this title (relating to Class 1 Waste Determination, Class 2 Waste
				  Determination, and Class 3 Waste Determination) using one or more of the
				  following methods:
(A) use the criteria for
				  waste classification as provided in §§
												335.505-
				  335.507
				  of this title;
(B) use process
				  knowledge as provided in §
												335.511
				  of this title (relating to Use of Process Knowledge);
(C) classify the waste as directed under
				  §
												335.508
				  of this title (relating to Classification of Specific Industrial Wastes);
				  or
(D) choose to classify a
				  nonhazardous waste as Class 1 without any analysis to support that
				  classification. However, documentation (analytical data and/or process
				  knowledge) is necessary to classify a waste as Class 2 or Class 3, pursuant to
				  §
												335.513 of
				  this title (relating to Documentation Required).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.506 - Class 2 Waste Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  industrial solid waste is a Class 2 waste if:
(1) it is not a hazardous waste pursuant to
				  §
											335.504
				  of this title (relating to Hazardous Waste Determination);
(2) it is not a Class 1 waste pursuant to
				  §
											335.505
				  of this title (relating to Class 1 Waste Determination); and
(3) it is not a Class 3 waste because:
(A) it cannot qualify as a Class 3 waste
				  pursuant to §
												335.507
				  of this title (relating to Class 3 Waste Determination); or
(B) a generator chooses not to classify the
				  waste as a Class 3 waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.507 - Class 3 Waste Determination

Current through Reg. 49, No. 28; July 12, 2024
An industrial solid waste is a Class 3 waste if it is inert
					 and essentially insoluble, and poses no threat to human health and/or the
					 environment. Class 3 wastes include, but are not limited to, materials such as
					 rock, brick, glass, dirt, and certain plastics and rubber, which are not
					 readily decomposable. An industrial solid waste is a Class 3 waste if
					 it:
(1) is not a hazardous waste
				  pursuant to §
										335.504
				  of this title (relating to Hazardous Waste Determination);
(2) does not meet any of the Class 1 waste
				  criteria set forth in §
										335.505
				  of this title (relating to Class 1 Waste Determination); and
(3) is inert. Inertness refers to chemical
				  inactivity of an element, compound, or a waste. Ingredients added to mixtures
				  chiefly for bulk and/or weight purposes are normally considered inert;
				  and
(4) is essentially insoluble.
(A) Essential insolubility is established:
(i) when, using the test methods specified in
				  §
												335.521(d)
				  of this title (relating to Appendix 4 (Seven-Day Distilled Water Leachate
				  Test)), the extract(s) from the representative sampling of the waste does not
				  leach greater than the Maximum Contaminant Levels listed in §
												335.521(a)(3)
				  of this title (relating to Appendix 1, Table 3); and
(ii) using the test methods described in 40
				  Code of Federal Regulations Part 261, Appendix II, or equivalent methods
				  approved by the executive director under the procedures set forth in §
												335.509
				  of this title (relating to Waste Analysis), the extract(s) from the
				  representative sampling of the waste does not exhibit detectable levels of
				  constituents found in §
												335.521(a)(1)
				  of this title (relating to Appendix 1, Table 1) including constituents in
				  §
												335.521(a)(3)
				  of this title which are marked with an asterisk. This excludes the constituents
				  listed in §
												335.521(a)(3)
				  of this title which were addressed in clause (i) of this subparagraph;
				  and
(iii) when using an appropriate
				  test method, representative sampling of the waste does not exhibit detectable
				  levels of total petroleum hydrocarbon (TPH). "Petroleum substance wastes" as
				  defined in §
												334.481 of
				  this title (relating to Definitions) are not subject to this subsection;
				  and
(iv) when, using an appropriate
				  test method, representative sampling of the waste does not exhibit detectable
				  levels of polychlorinated biphenyls (PCBs).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.508 - Classification of Specific Industrial Solid Wastes

Current through Reg. 49, No. 28; July 12, 2024
The following nonhazardous industrial solid wastes shall be
					 classified no less stringently than according to the provisions of this
					 section.
(1) Industrial solid waste
				  containing asbestos material identified as regulated asbestos containing
				  material (RACM), as defined in 40 Code of Federal Regulations (CFR) Part 61,
				  shall be classified as a Class 1 waste.
(2) Empty containers that are a solid waste
				  as defined in §
										335.1 of
				  this title (relating to Definitions) shall be subject to the following
				  criteria:
(A) A container which has held a
				  Hazardous Substance as defined in 40 CFR Part 302, a Hazardous waste, a Class 1
				  waste, or a material which would be classified as a Hazardous or Class 1 waste
				  if disposed of, and is empty per §
											335.41(f)(2)
				  of this title (relating to Purpose, Scope and Applicability concerning empty
				  containers):
(i) shall be classified as a
				  Class 1 waste;
(ii) may be
				  classified as a Class 2 waste if the container has a capacity of five gallons
				  or less; or
(iii) may be classified
				  as a Class 2 waste if the container has a capacity greater than five gallons
				  and:
(I) the residue has been completely
				  removed either by triple rinsing with a solvent capable of removing the waste,
				  by hydroblasting, or by other methods which remove the residue; and
(II) the container has been crushed,
				  punctured, or subjected to other mechanical treatment which renders the
				  container unusable; or
(iv) may be classified as a Class 2 waste if
				  the container is to be sent for recycling and:
(I) the residue has been completely removed
				  either by triple rinsing with a solvent capable of removing the waste, by
				  hydroblasting, or by other methods which remove the residue; and
(II) the container is not regulated under the
				  Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 40 CFR Part 165;
				  and
(III) the generator maintains
				  documentation in accordance with §
													335.513 of
				  this title (relating to Documentation Required) that demonstrates the container
				  is being recycled; and
(IV) the
				  recycling activity involves shredding, dismantling, scrapping, melting, or
				  other method that renders the container unusable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.509 - Waste Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators who
				  use analytical methods to classify their waste must use methods described in
				  "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods"
				  (EPA SW-846), "Methods for Chemical Analysis of Water and Wastes"
				  (EPA-600/4-79/020), "Standard Methods for the Examination of Water and
				  Wastewater", American Society for Testing and Materials (ASTM) Standard
				  Methods, or any other approved EPA methods or may request in writing that the
				  executive director review and approve an alternate method. The generator must
				  also choose representative sample(s) of their waste, as described in Chapter 9
				  of EPA SW-846. A generator who proposes to use an alternate method must
				  validate the alternate method by demonstrating that the method is equal to or
				  superior in accuracy, precision, and sensitivity to the corresponding SW-846,
				  EPA-600, Standard Method or ASTM method identified in this
				  subsection.
(b) The generator
				  proposing an alternate method shall provide the executive director with the
				  following information:
(1) a full description
				  of the proposed method including all equipment used;
(2) a description of the types of wastes and
				  waste matrices analyzed or to be analyzed;
(3) comparative quality assurance results of
				  the proposed method and the corresponding SW-846 method;
(4) a complete assessment of any factors
				  which may interfere with the method; and
(5) a description of the Quality Control
				  procedures necessary to ensure the sensitivity, accuracy, and precision of the
				  proposed method.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.510 - Sampling Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators
				  who use analytical data to classify their waste pursuant to §
										335.509
				  of this title (relating to Waste Analysis) must maintain documentation of their
				  sampling procedures in accordance with this section and 40 Code of Federal
				  Regulations §262.11(f) as adopted under § 335.53 of this title
				  (relating to General Standards Applicable to Generators of Hazardous
				  Waste).
(b) The sampling
				  documentation must, at a minimum, include the following:
(1) dates samples were collected;
(2) a description of the site or unit from
				  which the sample is taken and sampling location(s) at the site unit;
(3) sample methods and sample equipment
				  utilized; and
(4) description of
				  sample handling techniques, including containerization, preservation, and chain
				  of custody.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.511 - Use of Process Knowledge

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Generators using knowledge of the waste and the process producing the waste to
				  classify or assist in classifying a waste as hazardous shall comply with §
										335.504
				  of this title (relating to Hazardous Waste Determination). Generators using
				  knowledge of the waste to classify or assist in classifying a waste as Class 1,
				  Class 2, or Class 3 shall comply with this section and consider the waste
				  origin, composition, the process producing the waste, feedstock, and other
				  reliable and relevant information. Process knowledge must be documented and
				  maintained on-site pursuant to §
										335.513 of
				  this title (relating to Documentation Required), and
				  40 CFR §
											262.11(f) as adopted by
				  reference under § 335.53 of this title (relating to General Standards
				  Applicable to Generators of Hazardous Waste). Material safety data sheets,
				  manufacturers' literature, and other documentation generated in conjunction
				  with a particular process may be used to classify a waste provided that the
				  literature provides reliable and relevant information about the waste and
				  addresses the criteria set forth in §§
										335.504-
				  335.508
				  of this title (relating to Hazardous Waste Determination, Class 1 Waste
				  Determination, Class 2 Waste Determination, Class 3 Waste Determination, and
				  Classification of Specific Industrial Solid Wastes). For classes other than
				  hazardous or Class 1, a generator must be able to demonstrate requisite
				  knowledge of his or her process by satisfying all of the following.
(1) The generator must have a full
				  description of the process, including a list of chemical constituents that
				  enter the process. Constituents listed in Appendix 1 in §
											335.521 of
				  this title (relating to Appendices) must be addressed in this
				  description.
(2) The generator must
				  have a full description of the waste, including a list of chemical constituents
				  likely to be in the waste. This list should be based on paragraph (1) of this
				  subsection.
(3) The generator may
				  develop a subset of Appendix 1 of §
											335.521 of
				  this title constituents by which to evaluate the waste utilizing the
				  information from paragraphs (1) and (2) of this subsection.
(4) Documentation of the waste classification
				  must be maintained and, if requested or required, provided to the executive
				  director pursuant to §
											335.513 of
				  this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.512 - Executive Director Review

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director may review the generator's classification of any waste
				  to determine if it is appropriately classified. If the executive director
				  determines that a waste has been classified incorrectly according to the
				  standards set forth in this subchapter, or if the executive director determines
				  that extenuating circumstances that may result in threat of harm to human
				  health or the environment warrant an upgrading of the classification, the
				  executive director may reclassify the waste to the more stringently regulated
				  classification. The executive director shall provide the generator with written
				  notice of his determination and reclassification.
(b) A person who believes that the executive
				  director staff has inappropriately classified a waste pursuant to this section
				  may appeal that decision. The person shall file an appeal directly with the
				  executive director requesting a review of the waste classification. If the
				  person is not satisfied with the decision of the executive director on the
				  appeal, the person may request an evidentiary hearing to determine the
				  appropriateness of the classification by filing a request for hearing with the
				  commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.513 - Documentation Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentation on
				  each waste stream is required to be maintained by the generator in accordance
				  with the requirements of this subchapter, §
										335.9
				  of this title (relating to Recordkeeping and Annual Reporting Procedures
				  Applicable to Generators), and 40 Code of Federal Regulations §262.11(f)
				  as adopted under § 335.53 of this title (relating to General Standards
				  Applicable to Generators of Hazardous Waste).
(b) The following documentation shall be
				  submitted by the generator to the executive director prior to waste shipment or
				  disposal and not later than 90 days of initial waste generation:
(1) description of waste;
(2) date of initial waste
				  generation;
(3) description of
				  process that generated the waste;
(4) hazardous waste determination;
(5) all analytical data and/or process
				  knowledge allowed under §
											335.511
				  of this title (relating to Use of Process Knowledge) used to characterize Class
				  3 wastes, including quality control data; and
(6) waste classification
				  determination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter R - WASTE CLASSIFICATION › Section 335.514 - Variance from Waste Classification Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may determine on a
				  case-by-case basis the merits of the following types of variances:
(1) appropriateness of a particular waste
				  classification resulting from application of the classification criteria;
				  and
(2) other matters requiring
				  special attention by the executive director.