Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The regulations promulgated in this chapter cover aspects of municipal solid
				  waste (MSW) management and air emissions from MSW landfills and transfer
				  stations under the authority of the commission and are based primarily on the
				  stated purpose of Texas Health and Safety Code, Chapter 361 and Chapter 382.
				  The provisions of this chapter apply to any person as defined in §
										3.2 of
				  this title (relating to Definitions) involved in any aspect of the management
				  and control of MSW and MSW facilities including, but not limited to, storage,
				  collection, handling, transportation, processing, and disposal. Furthermore,
				  these regulations apply to any person that by contract, agreement, or otherwise
				  arranges to process, store, or dispose of, or arranges with a transporter for
				  transport to process, store, or dispose of, solid waste owned or possessed by
				  the person, or by any other person or entity. The comprehensive rule revisions
				  in this chapter as adopted in 2006 (2006 Revisions) are effective 20 days after
				  they are filed with the Office of the Secretary of State.
(1) Permits and registrations, issued by the
				  commission and it predecessors, that existed before the 2006 Revisions became
				  effective, remain valid until suspended or revoked except as expressly provided
				  otherwise in this chapter. Facilities may operate under existing permits and
				  registrations subject to: requirements in the 2006 Revisions, which expressly
				  supersede provisions contained in existing authorizations or require revisions
				  to existing authorizations; and those requirements mandated by the United
				  States Environmental Protection Agency in 40 Code of Federal Regulations (CFR)
				  Parts 257 and 258, as amended, which implement certain requirements of Resource
				  Conservation and Recovery Act, Subtitle D. For those federally mandated
				  requirements and the equivalent state requirements, the effective dates listed
				  in 40 CFR Parts 257 and 258, as amended, shall apply. For those federally
				  mandated requirements, the permittee is under an obligation to apply for a
				  permit change in accordance with §
											305.62 of
				  this title (relating to Amendments) or §
											305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications), as applicable, to incorporate the required standard. The
				  application shall be submitted no later than six months from the effective date
				  of the required standard.
(2)
				  Applications for new permits and major amendments to existing permits that are
				  administratively complete and registration applications for which the executive
				  director has completed a technical review, as of the effective date of the 2006
				  Revisions, shall be considered under the former rules of this chapter unless
				  the applicant elects otherwise. Existing authorizations are subject to the 2006
				  Revisions, which expressly supersede provisions contained in existing
				  authorizations or require modifications of existing authorizations regardless
				  of whether a major amendment is being considered for the same facility under
				  the former rules. For new permits and major amendments to increase solid waste
				  disposal capacity, only complete applications (Parts I - IV), which are
				  submitted and declared administratively complete before the effective date of
				  the 2006 Revisions, may be considered under existing Chapter 330 rules. Such
				  applications are not subject to §
											305.127(4)(B)
				  of this title (relating to Conditions to be Determined for Individual Permits)
				  and the owner or operator must submit the modifications required by the 2006
				  Revisions within one year after the commission's decision on the application
				  has become final and appealable, unless a longer period of time is specified in
				  the rules.
(3) Authorizations,
				  other than permits and registrations, that existed before the 2006 Revisions
				  became effective shall comply with the 2006 Revisions within 120 days of the
				  2006 Revisions becoming effective unless expressly provided otherwise in this
				  chapter. These authorizations include notifications, exemptions, permits by
				  rule, and registrations by rule.
(4) Authorizations, other than permits and
				  registrations, that had not been claimed or did not exist before the 2006
				  Revisions became effective shall comply with the 2006 Revisions.
(5) Applications for modifications or for
				  amendments that do not increase solid waste disposal capacity that are filed
				  before the 2006 Revisions become effective, or filed within 180 days after the
				  2006 Revisions become effective, are subject to the former rules. Such
				  applications are not subject to §
											305.127(4)(B)
				  of this title, and the owner or operator must submit the modifications required
				  by the 2006 Revisions within 180 days after the effective date of the 2006
				  Revisions, unless a longer period of time is specified in the rules.