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 R - WASTE CLASSIFICATION › Section 335.515 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) It is a
				  violation of commission rules if a waste is not properly classified according
				  to the provisions of this subchapter.
(b) Where violations of this subchapter
				  occur, the executive director may initiate formal enforcement action and may
				  seek administrative penalties and order corrective actions, as prescribed under
				  Chapter 337 of this title (relating to Enforcement), or pursue any other remedy
				  available at law.
(c) When
				  establishing corrective actions and penalty amounts involving violations of
				  this subchapter, the executive director should consider circumstances which
				  mitigate the nature or extent of the violations in accordance with applicable
				  rules and statutes.
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 335.521 - Appendices

Current through Reg. 49, No. 28; July 12, 2024
(a) Appendix 1.
(1) Table 1.
Attached
					 Graphic
(2) Table
				  2.
Attached Graphic
(3) Table 3.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.551 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This subchapter specifies the information and procedures necessary to
				  demonstrate compliance with the three risk reduction standards of §
										335.8 of
				  this title (relating to Closure and Remediation).
(b) Scope. The requirements of this
				  subchapter will, when adequately carried out, assure adequate protection of
				  human health and the environment from potential exposure to contaminants
				  associated with releases from solid waste management facilities or other areas.
				  Cleanup levels are specified for different types of contaminated media such as
				  air, surface water, groundwater, and soil, and for cross-media contamination
				  pathways such as soil to groundwater and soil to air. General procedures based
				  on scientific principles are provided or referenced by these regulations so
				  that specific numeric cleanup levels can be generated. The commission will
				  periodically review the general procedures and revise these regulations as
				  necessary.
(c) Applicability. The
				  requirements of this subchapter apply to persons who undertake a closure or
				  remediation in accordance with §
										335.8 of
				  this title (relating to Closure and Remediation) during the period from June
				  28, 1993, until May 1, 2000, unless the person qualifies for an extended period
				  of time as specified in §
										335.8(a)
				  of this title (relating to Applicability) for submission of a final report to
				  be reviewed according to this subchapter. If the executive director denies
				  approval of the final report for reasons of technical inadequacy, the executive
				  director may require the person to comply with the requirements of Chapter 350
				  of this title (relating to Texas Risk Reduction Program). For closures and
				  remediations initially reported to the executive director on or after May 1,
				  2000, the person shall use the procedures of Chapter 350 of this title in place
				  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 S - RISK REDUCTION STANDARDS › Section 335.554 - Attainment of Risk Reduction Standard Number 1: Closure/Remediation to Background

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance
				  with this standard is attained when the criteria set forth in subsections
				  (b)-(g) of this section are met.
(b) For closure of hazardous waste management
				  units and response to unauthorized discharges of hazardous waste, all hazardous
				  waste and hazardous waste residues and contaminated design and operating system
				  components such as liners, leachate collection systems, and dikes must be
				  removed from the unit or area of the unauthorized discharge. For remediation of
				  media that have become contaminated by releases from a hazardous waste
				  management unit or by other unauthorized discharge of hazardous waste, the
				  contaminated media must be removed or decontaminated to cleanup levels
				  specified in this section.
(c) For
				  closure of nonhazardous industrial solid waste management units, response to
				  unauthorized discharges of nonhazardous industrial solid waste, and the
				  remediation of media that have become contaminated by discharges of
				  nonhazardous industrial solid waste or other contaminants, all waste and waste
				  residues, contaminated design and operating system components such as liners,
				  leachate collection systems, and dikes, and contaminated media must be removed
				  or decontaminated to cleanup levels specified in this section.
(d) Background as represented by results of
				  analyses of samples taken from media that are unaffected by waste management or
				  industrial activities shall be used to determine compliance with the
				  requirements of this section. If the practical quantitation limit (PQL) is
				  greater than background, then the PQL rather than background shall be used as
				  the cleanup level provided that the person satisfactorily demonstrates to the
				  executive director that lower levels of quantitation of a contaminant are not
				  possible.
(e) Attainment of cleanup
				  levels shall be demonstrated by collection and analysis of samples from the
				  media of concern using the procedures of §
										335.553(d)
				  of this title (relating to Required Information).
(f) The person must submit a report to the
				  executive director in accordance with §
										335.553(a)
				  of this title (relating to Required Information) that documents compliance with
				  the requirements of this section.
(g) Provided that attainment of this risk
				  reduction standard for the facility or area can be demonstrated to the
				  executive director pursuant to this section, the person is released from deed
				  recordation requirements of §
										335.5
				  of this title (relating to Deed Recordation of Waste Disposal) and post-closure
				  care responsibilities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.555 - Attainment of Risk Reduction Standard Number 2: Closure/Remediation to Health-Based Standards and Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance
				  with this standard is attained when the criteria set forth in subsections
				  (b)-(f) of this section are met.
(b) For closure of hazardous waste management
				  units and response to unauthorized discharges of hazardous waste, all hazardous
				  waste and hazardous waste residues must be removed from the unit or area of the
				  unauthorized discharge. Contaminated design and operating system components
				  such as liners, leachate collection systems, and dikes must be removed from the
				  unit or area of the unauthorized discharge. For remediation of media that have
				  become contaminated by releases from a hazardous waste management unit or by
				  other unauthorized discharge of hazardous waste, the contaminated media must be
				  removed or decontaminated to cleanup levels specified in this section or such
				  other lower levels necessary to be in conformance with current hazardous waste
				  regulations.
(c) For closure of
				  nonhazardous industrial solid waste management units, response to unauthorized
				  discharges of nonhazardous industrial solid waste, and the remediation of media
				  that have become contaminated by discharges of nonhazardous industrial solid
				  waste or other contaminants, all waste and waste residues, contaminated design
				  and operating system components such as liners, leachate collection systems,
				  and dikes, and contaminated media must be removed or decontaminated to cleanup
				  levels specified in this section.
(d) The concentration of a contaminant in
				  contaminated media of concern such as groundwater, surface water, air, or soil
				  shall not exceed cleanup levels as defined in §
										335.556
				  of this title (relating to Determination of Cleanup Levels for Risk Reduction
				  Standard Number 2).
(1) If the practical
				  quantitation limit (PQL) and/or the background concentration, determined in a
				  manner consistent with §
											335.554
				  of this title (relating to Attainment of Risk Reduction Standard Number 1) for
				  a contaminant is greater than the cleanup level, the greater of the PQL or
				  background shall be used for determining compliance with the requirements of
				  this section.
(2) Attainment of
				  cleanup levels shall be demonstrated by collection and analysis of samples from
				  the contaminated media of concern using the procedures of §
											335.553(d)
				  of this title (relating to Required Information).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.556 - Determination of Cleanup Levels for Risk Reduction Standard Number 2

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  this risk reduction standard, cleanup levels for individual contaminants are
				  represented by Texas or federal promulgated health-based standards, or, when
				  these are not available or do not provide appropriate protection for human
				  health or the environment, persons must develop cleanup levels based on
				  procedures specified or referenced in this section for determining other
				  numeric criteria, referred to as medium specific concentrations (MSCs), and are
				  required to perform any necessary adjustments to these numeric criteria. The
				  MSCs address a single contaminant in a medium and consider one or more exposure
				  pathways, specifically, water ingestion (water MSC) and soil ingestion with
				  inhalation of volatiles and particulates (soil MSC). Where a contaminant in one
				  medium has the potential to contaminate another medium, defined as cross-media
				  contamination, additional numeric criteria are developed as cleanup levels
				  (e.g., the soil-to-ground water contaminant pathway). To determine cleanup
				  levels for contaminated media of concern, persons must perform the evaluations
				  of subsections (b)-(e) of this section.
(b) In addition to the exposure pathways
				  defined or referenced in this section, the person must evaluate other exposure
				  pathways at or near the facility (e.g., dermal absorption, ingestion of
				  contaminated fish, etc.) by which human populations (including sensitive
				  subgroups) or environmental receptors (e.g., aquatic organisms, food-chain
				  crops, etc.) are likely to be exposed to contaminants. If such evaluation
				  indicates the need for additional remediation at the facility to adequately
				  protect human health or environmental receptors, then the person shall develop
				  numeric criteria by utilizing available guidance or scientific literature to
				  serve in place of, or in addition to, cleanup levels determined pursuant to
				  this section.
(c) The person must
				  determine the appropriate exposure factors from §
										335.557
				  of this title (relating to Criteria for Selection of Nonresidential Soil
				  Requirements for Risk Reduction Standard Number 2).
(d) The person must calculate MSCs in
				  accordance with §
										335.558
				  of this title (relating to Medium Specific Concentrations for Risk Reduction
				  Standard Number 2).
(e) The person
				  must determine any cross-media requirements and modifications to cleanup levels
				  in accordance with §
										335.559
				  of this title (relating to Medium Specific Requirements and Adjustments for
				  Risk Reduction Standard Number 2).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.557 - Criteria for Selection of Nonresidential Soil Requirements for Risk Reduction Standard Number 2

Current through Reg. 49, No. 28; July 12, 2024
All facilities or areas shall be subject to the residential
					 soil requirements unless one of the conditions of paragraphs (1)-(3) of this
					 section is satisfied for use of the nonresidential soil requirements.
(1) For property located within the
				  jurisdictional area of a zoning authority, persons may provide documentation
				  that the property is zoned for commercial or industrial use.
(2) For property not located within the
				  jurisdictional area of a zoning authority, persons may provide documentation
				  that the activities being conducted on the property satisfy the definition for
				  nonresidential property (§
										335.553 of
				  this title (relating to Definitions)).
(3) For government-owned (local, state, or
				  federal) property which does not satisfy either of the conditions of paragraph
				  (1) or (2) of this section but does have nonresidential activities occurring on
				  all or portions of the property, the person may provide documentation that
				  access will be restricted such that the exposure assumptions remain valid for
				  the duration of government control.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.558 - Medium Specific Concentrations for Risk Reduction Standard Number 2

Current through Reg. 49, No. 28; July 12, 2024
(a) Medium specific
				  concentrations (MSCs) for ingestion of surface water and groundwater, and soil
				  ingestion along with inhalation of volatiles and particulates are calculated
				  according to the procedures specified in subsections (b)-(d) of this section
				  based on residential exposure factors. MSCs are subject to additional numeric
				  criteria and adjustments of §
										335.559
				  of this title (relating to Medium Specific Requirements and Adjustments for
				  Risk Reduction Standard Number 2). The derivation of all equations is presented
				  in §
										335.567 of
				  this title (relating to Appendix I).
(b) For a contaminant which is a carcinogen,
				  the MSC is the concentration which represents an excess upper bound lifetime
				  cancer target risk (TR) of 0.000001 (also expressed as one in one million) for
				  Class A and B carcinogens, or 0.00001 (also expressed as one in 100,000) for
				  Class C carcinogens due to continuous lifetime exposure as calculated using the
				  equations and factors listed in paragraphs (1) and (2) of this subsection.
(1) Water MSC for ingestion, in units of
				  milligrams per liter (mg/L):
Attached
					 Graphic
(2)
				  Soil MSC for ingestion with inhalation of volatiles and particulates, in units
				  of milligram per kilogram (mg/kg):
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.560 - Post-Closure Care and Deed Certification for Risk Reduction Standard Number 2

Current through Reg. 49, No. 28; July 12, 2024
(a) Provided that
				  attainment of this risk reduction standard for the facility can be demonstrated
				  to the executive director pursuant to §
										335.555
				  of this title (relating to Attainment of Risk Reduction Standard Number 2), the
				  conditions of subsections (b) and (c) of this section apply.
(b) The person is required to place in the
				  county deed records of the county or counties in which such activities take
				  place the information specified in paragraphs (1)-(4) of this subsection. The
				  statements should be worded such that a lay person can easily understand them.
				  An example format is provided in §
										335.569
				  of this title (relating to Appendix III). Proof of deed certification of the
				  required information shall be provided to the executive director in writing no
				  later than 90 days after acceptance of the report required by §
										335.555(f)
				  of this title (relating to Attainment of Risk Reduction Standard Number 2).
(1) A certification signed by the person,
				  showing the person's full name and title, and stating that closure or
				  remediation of the facility or area was carried out in accordance with a plan
				  designed to meet §
											335.555
				  of this title (relating to Risk Reduction Standard Number 2), which mandates
				  that the remedy be designed to eliminate substantial present and future risk,
				  such that no post-closure care or engineering or institutional control measures
				  are required to protect human health and the environment.
(2) A metes and bounds description of the
				  portion or portions of the tract of land on which closure or remediation of
				  industrial solid waste, municipal hazardous waste, or contaminants was
				  achieved.
(3) For a facility that
				  satisfies the conditions of §
											335.557
				  of this title (relating to Criteria for Selection of Nonresidential Soil
				  Requirements for Risk Reduction Standard Number 2) for use of nonresidential
				  soil requirements, a statement that current or future owners of the facility
				  must undertake actions as necessary to protect human health and the environment
				  in accordance with the rules of the commission.
(4) A statement that information and
				  documents concerning the closure or remediation of the facility or area are
				  available for inspection upon request at the Texas Water Commission. The
				  statement shall further describe the jurisdiction of the Texas Water Commission
				  to review the establishment of the final cleanup criteria.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.561 - Attainment of Risk Reduction Standard Number 3: Closure/Remediation with Controls

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance with
				  this standard is attained when, in the evaluation of the executive director,
				  the person recommends the remedy which best achieves the requirements of
				  subsections (b)-(d) of this section taking into consideration the evaluation
				  factors of §
										335.562
				  of this title (relating to Remedy Evaluation Factors) and then following
				  approval subsequently completes the remedy, submits the final report required
				  by §
										335.553(b)(4)
				  of this title (relating to Required Information), initiates any post-closure
				  care required by §
										335.565
				  of this title (relating to Post-Closure Care Required for Risk Reduction
				  Standard Number 3) and completes the deed recordation requirements of §
										335.566
				  of this title (relating to Deed Recordation for Risk Reduction Standard Number
				  3).
(b) A remedy must be permanent
				  or, if that is not practicable, achieve the highest degree of long-term
				  effectiveness possible.
(c) A
				  remedy must be cost-effective in that it achieves the best balance between
				  long-term effectiveness and cost for alternative remedies which meet the
				  cleanup objectives for a facility.
(d) A remedy must achieve media cleanup
				  requirements as specified pursuant to §
										335.563
				  of this title (relating to Media Cleanup Requirements for Risk Reduction
				  Standard Number 3).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.562 - Remedy Evaluation Factors for Risk Reduction Standard Number 3

Current through Reg. 49, No. 28; July 12, 2024
(a) General. For
				  closure/remediation in accordance with Risk Reduction Standard Number 3,
				  persons shall consider the evaluation factors set forth in subsections (b)-(g)
				  of this section when evaluating the relative abilities and effectiveness of
				  potential remedies to achieve the requirements for remedies described in §
										335.561
				  of this title (relating to Attainment of Risk Reduction Standard Number 3). A
				  description of the evaluation for these factors for the proposed remedy shall
				  be included in the corrective measure study prepared pursuant to §
										335.553(b)(3)
				  of this title (relating to Required Information). Persons performing these
				  evaluations shall submit to the executive director upon request such additional
				  information as may reasonably be required to enable the executive director to
				  determine whether such evaluation has been conducted in a manner compliant with
				  this section.
(b) Compliance with
				  other laws and regulations. Remedies shall be evaluated to determine attainment
				  of cleanup requirements for other Texas or federal environmental laws which are
				  either legally applicable to the facility or that address problems or
				  situations that are sufficiently similar to those encountered at the facility
				  that their use is well suited to the facility.
(c) Long-term effectiveness and permanence.
				  Remedies shall be evaluated for long-term effectiveness. Factors that shall be
				  considered in this evaluation include:
(1)
				  magnitude of risks remaining after completion of the closure or remedial
				  action;
(2) the type, degree, and
				  duration of post-closure care required including, but not limited to, operation
				  and maintenance, monitoring, inspections, and reports and their frequencies, or
				  other activities which will be necessary to protect human health and the
				  environment;
(3) potential for
				  exposure of humans and environmental receptors to contaminants remaining at the
				  facility;
(4) long-term reliability
				  of any engineering and voluntary institutional controls; and
(5) potential need for replacement of
				  components of the remedy.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.563 - Media Cleanup Requirements for Risk Reduction Standard Number 3

Current through Reg. 49, No. 28; July 12, 2024
(a) General. For
				  closure/remediation in accordance with Risk Reduction Standard Number 3,
				  persons shall propose media cleanup levels in accordance with the conditions
				  set forth in subsections (b) - (j) of this section.
(b) Carcinogens. For known or suspected
				  carcinogens, media cleanup levels shall be established at concentrations which
				  represent an excess upperbound lifetime risk of between one in 10,000 and one
				  in one million. The executive director will use one in one million as a goal in
				  establishing such concentration limits. The cumulative excess risk to exposed
				  populations (including sensitive subgroups) shall not be greater than one in
				  10,000.
(c) Systemic toxicants. For
				  systemic toxicants, media cleanup levels shall represent concentrations to
				  which the human population (including sensitive subgroups) could be exposed on
				  a daily basis without appreciable risk of deleterious effect during a lifetime
				  or part of a lifetime and where:
(1) the
				  hazard quotient, which is the ratio of a single systemic toxicant exposure
				  level for a specified time period to a reference dose for that systemic
				  toxicant derived from the same time period, shall not exceed one; and
(2) the hazard index shall not exceed one.
				  The hazard index is the sum of the hazard quotients for a single or multiple
				  systemic toxicants which affect the same target organ or act by the same method
				  of toxicity and act through a single or multiple media exposure
				  pathways.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.564 - Post-Closure Care Not Required for Risk Reduction Standard Number 3

Current through Reg. 49, No. 28; July 12, 2024
In cases under Risk Reduction Standard Number 3 where the
					 executive director determines that neither engineering nor institutional
					 control measures are required to protect human health and the environment, the
					 person is released from post-closure care responsibilities but is required to
					 deed record the facility in accordance with §
										335.566
					 of this title (relating to Deed Recordation for Risk Reduction Standard Number
					 3).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.565 - Post-Closure Care Required for Risk Reduction Standard Number 3

Current through Reg. 49, No. 28; July 12, 2024
In cases under Risk Reduction Standard Number 3 where the
					 executive director determines that either engineering or institutional control
					 measures are required to protect human health and the environment, the person
					 shall comply with the requirements of paragraphs (1) and (2) of this section,
					 as applicable, and deed record the facility in accordance with §
										335.566
					 of this title (relating to Deed Recordation for Risk Reduction Standard Number
					 3):
(1) carry out the post-closure
				  requirements as evaluated and approved by the remedy evaluation process
				  described in §
										335.562
				  of this title (relating to Remedy Evaluation Factors);
(2) for hazardous waste storage, processing,
				  or disposal facilities, the person must also satisfy the applicable
				  requirements of Subchapter E and F of this chapter (relating to Interim
				  Standards for Hazardous Waste Storage, Processing, or Disposal Facilities; and
				  Permitting Standards for Owners and Operators of Hazardous Waste Storage,
				  Processing, or Disposal Facilities, respectively).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.566 - Deed Recordation for Risk Reduction Standard Number 3

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 90 days
				  after acceptance by the executive director of the final report referenced in
				  §
										335.561(a)
				  of this title (relating to Attainment of Risk Reduction Standard Number 3), the
				  person must record in the county deed records of the county or counties in
				  which such activities take place the information specified in subsections
				  (b)-(e) of this section and submit written proof of such recordation to the
				  executive director. The statements should be worded such that a lay person can
				  easily understand them. An example format is provided in §
										335.569
				  of this title (relating to Appendix III).
(b) A certification, signed by the person,
				  showing the person's full name and title, and stating: that remediation of the
				  facility or area was carried out in accordance with a plan designed to meet
				  §
										335.561
				  of this title (relating to Risk Reduction Standard Number 3), which mandates
				  that the remedy be designed to eliminate or reduce to the maximum extent
				  practicable substantial present and future risk; and whether continued
				  post-closure care or engineering or institutional control measures
				  (post-closure measures) are required to protect human health and the
				  environment together with a description of any required post-closure
				  measures.
(c) A description of any
				  institutional or legal controls placed by the person on the future use of the
				  property. The notice shall indicate that the current or future owner must
				  undertake actions as necessary to protect human health and the environment in
				  accordance with the rules of the commission.
(d) A metes and bounds description of the
				  portion or portions of the tract of land on which closure or remediation of
				  industrial solid waste, municipal hazardous waste, or contaminants was
				  achieved.
(e) A statement that
				  information and documents concerning the closure or remediation of the facility
				  or area are available for inspection upon request at the Texas Water
				  Commission. The statement shall further describe the jurisdiction of the Texas
				  Water Commission to review the establishment of the final cleanup
				  criteria.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.567 - Appendix I

Current through Reg. 49, No. 28; July 12, 2024
Derivation of reduced equations for calculation of medium
					 specific concentrations of Risk Reduction Standard Number 2.
Attached
					 Graphic
Attached
					 Graphic
Attached
					 Graphic
Attached
					 Graphic
Reference: U.S. EPA, OSWER Directive 9285.7-01B, December
					 13, 1991, Human Health Evaluation Manual, Part B: "Development of Risk-based
					 Preliminary Remediation Goals."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.569 - Appendix III

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, the following is the
					 model deed certification language.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.580 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this subchapter is to establish minimum standards for facilities subject to
				  this subchapter under subsection (b) of this section. Nothing in this
				  subchapter shall be construed to restrict the commission's authority to
				  implement §
										335.4 of
				  this title (relating to General Prohibitions) and the provisions of Texas Water
				  Code, Chapter 26.
(b) This
				  subchapter applies to the following types of facilities at which nonhazardous
				  industrial waste is stored, processed, or disposed:
(1) any new commercial industrial
				  nonhazardous waste landfill facility; and
(2) any existing commercial industrial
				  nonhazardous waste landfill facility with an areal or capacity expansion of the
				  commercial industrial nonhazardous waste 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 T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.581 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly requires
					 otherwise.
(1) Commercial industrial
				  nonhazardous waste landfill (CINWL) facility--A landfill facility that accepts,
				  for disposal and for a charge, nonhazardous industrial waste. This definition
				  does not apply to municipal solid waste facilities at which nonhazardous
				  industrial waste is managed in accordance with Chapter 330 of this title
				  (relating to Municipal Solid Waste).
(2) New commercial industrial nonhazardous
				  waste landfill (CINWL) facility--A CINWL facility which is not an "existing
				  CINWL facility" and for which an application was filed on or after June 20,
				  2003, or for which an application was pending on June 20, 2003.
(3) Existing commercial industrial
				  nonhazardous waste landfill (CINWL) facility--A CINWL facility for which a
				  permit was issued prior to June 20, 2003.
(4) Regional aquifer--Any aquifer identified
				  as a major or minor aquifer by the Texas Water Development Board.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.582 - Prohibited Wastes

Current through Reg. 49, No. 28; July 12, 2024
The following wastes shall not be disposed:
(1) municipal solid waste, as defined in
				  §
										330.3 of
				  this title (relating to Definitions), but only in amounts such that the total
				  volume of municipal solid waste accepted does not exceed 20%, unless
				  specifically authorized by the facility permit, of the total amount of waste
				  (not including municipal solid waste) accepted during the current or previous
				  year. The amount of waste may be determined by volume or weight, but the same
				  unit of measure shall be used for each year, unless a variance is authorized by
				  the executive director;
(2)
				  hazardous waste, as defined in §
										335.1 of
				  this title (relating to Definitions), except as provided in §
										335.590(25)
				  of this title (relating to Operational and Design Standards);
(3) polychlorinated biphenyl compounds
				  (PCBs), as defined by the United States Environmental Protection Agency (EPA)
				  in regulations issued pursuant to the Toxic Substance Control Act under Title
				  40 Code of Federal Regulations (CFR) Part 761 unless authorized by the
				  EPA;
(4) putrescible waste, as
				  defined in §
										330.3 of
				  this title, unless the requirements of §
										330.151 of
				  this title (relating to Disease Vector Control) and §
										330.545
				  of this title (relating to Airport Safety), and this subchapter are
				  met;
(5) explosive material, as
				  defined by the Department of Transportation in 49 CFR Part 173;
(6) radioactive or nuclear materials
				  regulated under Texas Health and Safety Code, Chapter 401, or rules of the
				  commission, the Texas Department of State Health Services, the Texas Railroad
				  Commission, or any other applicable rules of state or federal
				  authorities;
(7) medical waste, as
				  defined in §
										330.3 of
				  this title;
(8) liquid waste, as
				  defined in §
										330.3 of
				  this title;
(9) wastes identified
				  in §330.15(e)(1) - (5) of this title (relating to General Prohibitions),
				  except as allowed under that section; and
(10) wastes identified in §
										330.171(c)(3) and
				  (4) of this title (relating to Disposal of
				  Special Wastes), except as allowed under that 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 T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.583 - Permit Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following requirements applicable to municipal solid waste facilities apply to
				  permit applications for facilities subject to this subchapter:
(1)
											§
											330.53 of
				  this title (relating to Pre-application Review);
(2)
											§
											330.57
				  of this title (relating to Permit and Registration Applications for Municipal
				  Solid Waste Facilities), except that the references and requirements relating
				  to a land-use only public hearing do not apply;
(3)
											§
											330.59
				  of this title (relating to Contents of Part I of the Application) except §
											330.63(j)
				  of this title, concerning cost estimate for closure and post-closure care shall
				  not apply;
(4)
											§
											330.61
				  of this title (relating to Contents of Part II of the Application);
(5)
											§
											330.63
				  of this title (relating to Contents of Part III of the Application), except
				  that the requirement in §
											330.61(b)(1)(A)
				  of this title, concerning an estimate of the population or population
				  equivalent served at the site does not apply;
(6)
											§
											330.65
				  of this title (relating to Contents of Part IV of the Application);
(7)
											§
											330.219(a)
				  of this title (relating to Recordkeeping and Reporting Requirements);
(8)
											§
											330.67
				  of this title (relating to Property Rights); and
(9)
											§
											330.73
				  of this title (relating to Additional Standard Permit and Registration
				  Conditions for Municipal Solid Waste Facilities), except that the reference to
				  "§
											305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications)" does not apply and "§
											305.69
				  of this title (relating to Solid Waste Permit Modification at the Request of
				  the Permittee)" applies instead.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.584 - Location Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following location restrictions applicable to municipal solid waste facilities
				  apply to facilities subject to this subchapter:
(1)
											§
											330.547 of
				  this title (relating to Floodplains);
(2)
											§
											330.553 of
				  this title (relating to Wetlands);
(3)
											§
											330.555 of
				  this title (relating to Fault Areas);
(4)
											§
											330.557 of
				  this title (relating to Seismic Impact Zones); and
(5)
											§
											330.559
				  of this title (relating to Unstable Areas).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.585 - General Inspection Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner or operator must inspect the facility for compliance with the site
				  operating plan.
(b) The owner or
				  operator must develop and follow a written schedule for inspecting monitoring
				  equipment, safety and emergency equipment, and operating and structural
				  equipment (such as dikes and sump pumps) that are important to preventing,
				  detecting, or responding to environmental or human health hazards.
(1) The owner or operator must maintain the
				  schedule at the facility.
(2) The
				  schedule must identify the types of problems (e.g., malfunctions or
				  deterioration) that are to be looked for during the inspection (e.g.,
				  inoperative sump pump, leaking fitting, or eroding dike).
(3) The frequency of inspection may vary for
				  the items on the schedule. However, the frequency should be based on the rate
				  of deterioration of the equipments and the probability of an environmental or
				  human health incident if the deterioration, malfunction, or any operator error
				  goes undetected between inspections. Areas subject to spills, such as loading
				  and unloading areas, must be inspected daily when in use. At a minimum, the
				  inspection schedule must include the items and frequencies required in 40 Code
				  of Federal Regulations §264.303 for hazardous waste landfills.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.586 - Personnel Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Facility
				  personnel must successfully complete a program of classroom instruction or
				  on-the-job training that teaches them to perform their duties in a way that
				  ensures the facility's compliance with the requirements of this subchapter. The
				  owner or operator must ensure that this program includes all the elements
				  described in the document required under subsection (d)(3) of this section.
(1) This program must be directed by a person
				  trained in waste management procedures, and must include instruction that
				  teaches facility personnel waste management procedures (including contingency
				  plan implementation) relevant to the positions in which they are
				  employed.
(2) At a minimum, the
				  training program must be designed to ensure that facility personnel are able to
				  respond effectively to emergencies by familiarizing them with emergency
				  procedures, emergency equipment, and emergency systems, including, where
				  applicable:
(A) procedures for using,
				  inspecting, repairing, and replacing facility emergency and monitoring
				  equipment;
(B) communications or
				  alarm systems;
(C) response to
				  fires or explosions;
(D) response
				  to ground-water contamination incidents; and
(E) shutdown of operations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.587 - Waste Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  waste analysis requirements apply to owners and operators of facilities subject
				  to this subchapter.
(1) Before treating,
				  storing, or disposing of any waste, the owner or operator shall obtain a
				  chemical and physical analysis of a representative sample of the waste. At a
				  minimum, the analysis must contain all the information that must be known to
				  treat, store, or dispose of the waste in accordance with this subchapter.
(A) A waste generator's records of analyses
				  performed on the waste before the effective date of these regulations, or
				  studies conducted on waste generated from processes similar to that which
				  generated the waste to be managed at the facility, may be included in the data
				  base required to comply with this paragraph.
(B) The owner or operator may arrange for the
				  generator of the waste to supply the information required by this paragraph. If
				  the generator does not supply the information, and the owner or operator
				  chooses to accept a waste, the owner or operator is responsible for obtaining
				  the information required to comply with 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 T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.588 - General Requirements for Ignitable, Reactive, or Incompatible Wastes

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or
				  operator of a facility subject to this subchapter shall take precautions to
				  prevent accidental ignition or reaction of wastes that are ignitable or
				  reactive as defined in §
										335.505
				  of this title (relating to Class 1 Waste Determination). This waste must be
				  separated and protected from sources of ignition or reaction including, but not
				  limited to: open flames, smoking, cutting and welding, hot surfaces, frictional
				  heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g.,
				  from heat-producing chemical reactions), and radiant heat. While ignitable or
				  reactive waste is being handled, the owner or operator shall confine smoking
				  and open flame to specially designated locations. "No Smoking" signs must be
				  conspicuously placed wherever there is a hazard from ignitable or reactive
				  waste.
(b) The owner or operator of
				  a facility that treats, stores or disposes ignitable or reactive waste, or
				  mixes incompatible waste or incompatible wastes and other materials, shall take
				  precautions to prevent reactions which:
(1)
				  generate extreme heat or pressure, fire or explosions, or violent
				  reactions;
(2) produce uncontrolled
				  toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human
				  health or the environment;
(3)
				  produce uncontrolled flammable fumes or gases in sufficient quantities to pose
				  a risk of fire or explosions;
(4)
				  damage the structural integrity of the device or facility; or
(5) through other like means threaten human
				  health or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.589 - Contingency Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  implementation of contingency plan.
(1) Each
				  owner or operator of a facility subject to this subchapter shall have a
				  contingency plan for the facility. The contingency plan must be designed to
				  minimize hazards to human health or the environment from fires, explosions, or
				  any unplanned sudden or non-sudden release of waste or constituents of such
				  waste to air, soil, or surface water. The contingency plan must be submitted to
				  the executive director with the permit application and, after modification or
				  approval, will become a condition of any permit issued.
(2) The provisions of the plan must be
				  carried out immediately whenever there is a fire, explosion, or release of
				  waste or constituents of such waste that could threaten human health or the
				  environment.