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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 30. ENVIRONMENTAL QUALITY |
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PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY |
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CHAPTER 335. INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE |
| SUBCHAPTER A. INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE IN GENERAL |
| § 335.1. Definitions |
| § 335.2. Permit Required |
| § 335.3. Technical Guidelines |
| § 335.4. General Prohibitions |
| § 335.5. Deed Recordation of Waste Disposal |
| § 335.6. Notification Requirements |
| § 335.7. Financial Assurance Required |
| § 335.8. Closure and Remediation |
| § 335.9. Recordkeeping and Annual Reporting Procedures Applicable to Generators |
| § 335.10. Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste |
| § 335.11. Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste |
| § 335.12. Shipping Requirements Applicable to Owners or Operators of Treatment, Storage, or Disposal Facilities |
| § 335.13. Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste |
| § 335.14. Recordkeeping Requirements Applicable to Transporters of Hazardous Waste or Class 1 Waste |
| § 335.15. Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Treatment, Storage, or Disposal Facilities |
| § 335.17. Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials |
| § 335.18. Non-Waste Determinations and Variances from Classification as a Solid Waste |
| § 335.19. Standards and Criteria for Variances from Classification as a Solid Waste |
| § 335.20. Variance To Be Classified as a Boiler |
| § 335.21. Procedures for Variances from Classification as a Solid Waste or To Be Classified as a Boiler or for Non-Waste Determinations |
| § 335.22. Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis |
| § 335.23. Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities |
| § 335.24. Requirements for Recyclable Materials and Nonhazardous Recyclable Materials |
| § 335.25. Handling, Storing, Processing, Transporting, and Disposing of Poultry Carcasses |
| § 335.26. Notification Requirement for Hazardous Secondary Materials |
| § 335.27. Legitimate Recycling of Hazardous Secondary Materials |
| § 335.28. Adoption of Memoranda of Understanding by Reference |
| § 335.29. Adoption of Appendices by Reference |
| § 335.30. Appendix I |
| § 335.31. Incorporation of References |
| § 335.32. Standards and Criteria for Non-Waste Determinations |
| SUBCHAPTER B. HAZARDOUS WASTE MANAGEMENT GENERAL PROVISIONS |
| § 335.41. Purpose, Scope and Applicability |
| § 335.43. Permit Required |
| § 335.44. Application for Existing On-Site Facilities |
| § 335.45. Effect on Existing Facilities |
| § 335.46. Sharing of Information |
| § 335.47. Special Requirements for Persons Eligible for a Federal Permit by Rule |
| SUBCHAPTER C. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE |
| § 335.51. Definitions |
| § 335.52. Purpose, Scope, and Applicability |
| § 335.53. General Standards Applicable to Generators of Hazardous Waste |
| § 335.54. Hazardous Waste Manifest |
| § 335.55. Pre-Transport Requirements Applicable to Small and Large Quantity Generators |
| § 335.56. Recordkeeping and Reporting Applicable to Small and Large Quantity Generators |
| § 335.57. Farmers |
| § 335.58. Transboundary Movements of Hazardous Waste for Recovery or Disposal |
| § 335.59. Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities |
| § 335.60. Alternative Standards for Episodic Generation |
| § 335.61. Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators |
| SUBCHAPTER D. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE |
| § 335.91. Scope |
| § 335.92. EPA Identification Number |
| § 335.93. Hazardous Waste Discharges |
| § 335.94. Transfer Facility Requirements |
| SUBCHAPTER E. INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES |
| § 335.111. Purpose, Scope, and Applicability |
| § 335.112. Standards |
| § 335.113. Reporting of Emergency Situations by Emergency Coordinator |
| § 335.115. Additional Reports |
| § 335.116. Applicability of Groundwater Monitoring Requirements |
| § 335.117. Recordkeeping and Reporting |
| § 335.118. Closure Plan; Submission and Approval of Plan |
| § 335.119. Post-Closure Plan; Submission and Approval of Plan |
| § 335.120. Containment for Waste Piles |
| § 335.121. General Operating Requirements (Land Treatment Facilities) |
| § 335.122. Recordkeeping |
| § 335.123. Closure and Post-Closure (Land Treatment Facilities) |
| § 335.124. General Operating Requirements (Landfills) |
| § 335.125. Special Requirements for Bulk and Containerized Waste |
| § 335.126. Special Requirements for Containers |
| § 335.127. Cost Estimate for Closure |
| § 335.128. Financial Assurance |
| SUBCHAPTER F. PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES |
| § 335.151. Purpose, Scope, and Applicability |
| § 335.152. Standards |
| § 335.153. Reporting of Emergency Situations by Emergency Coordinator |
| § 335.155. Additional Reports |
| § 335.156. Applicability of Groundwater Monitoring and Response |
| § 335.157. Required Programs |
| § 335.158. Groundwater Protection Standard |
| § 335.159. Hazardous Constituents |
| § 335.160. Concentration Limits |
| § 335.161. Point of Compliance |
| § 335.162. Compliance Period |
| § 335.163. General Groundwater Monitoring Requirements |
| § 335.164. Detection Monitoring Program |
| § 335.165. Compliance Monitoring Program |
| § 335.166. Corrective Action Program |
| § 335.167. Corrective Action for Solid Waste Management Units |
| § 335.168. Design and Operating Requirements (Surface Impoundments) |
| § 335.169. Closure and Post-Closure Care (Surface Impoundments) |
| § 335.170. Design and Operating Requirements (Waste Piles) |
| § 335.171. Design and Operating Requirements (Land Treatment Units) |
| § 335.172. Closure and Post-Closure Care (Land Treatment Units) |
| § 335.173. Design and Operating Requirements (Landfills) |
| § 335.174. Closure and Post-Closure Care (Landfills) |
| § 335.175. Special Requirements for Bulk and Containerized Waste |
| § 335.176. Special Requirements for Containers |
| § 335.177. General Performance Standard |
| § 335.178. Cost Estimate for Closure |
| § 335.179. Financial Assurance |
| § 335.180. Impact of New Hazardous Waste Management Facilities on Local Land Use |
| § 335.181. Need for Specific Commercial Hazardous Waste Management Technologies |
| § 335.182. Burden on Public Roadways by a New Commercial Hazardous Waste Management Facility |
| § 335.183. Emergency Response Capabilities Required for New Commercial Hazardous Waste Management Facilities |
| SUBCHAPTER G. LOCATION STANDARDS FOR HAZARDOUS WASTE STORAGE, PROCESSING, OR DISPOSAL |
| § 335.201. Purpose, Scope, and Applicability |
| § 335.202. Definitions |
| § 335.203. Site Selection To Protect Groundwater or Surface Water |
| § 335.204. Unsuitable Site Characteristics |
| § 335.205. Prohibition of Permit Issuance |
| § 335.206. Petitions for Rulemaking |
| SUBCHAPTER H. STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES |
| DIVISION 1. RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL |
| § 335.211. Applicability |
| § 335.212. Standards Applicable to Generators and Transporters of Materials Used in a Manner That Constitutes Disposal |
| § 335.213. Standards Applicable to Storers of Materials That Are To Be Used in a Manner That Constitutes Disposal Who Are Not the Ultimate Users |
| § 335.214. Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal |
| DIVISION 2. HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY |
| § 335.221. Applicability and Standards |
| § 335.222. Management Prior to Burning |
| § 335.223. Additional Permit Standards for Burners |
| § 335.224. Additional Interim Status Standards for Burners |
| § 335.225. Additional Standards for Direct Transfer |
| DIVISION 3. RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY |
| § 335.241. Applicability and Requirements |
| DIVISION 4. SPENT LEAD-ACID BATTERIES BEING RECLAIMED |
| § 335.251. Applicability and Requirements |
| DIVISION 5. UNIVERSAL WASTE RULE |
| § 335.261. Universal Waste Rule |
| § 335.262. Standards for Management of Paint and Paint-Related Waste |
| DIVISION 6. MILITARY MUNITIONS |
| § 335.271. Purpose, Scope, and Applicability |
| § 335.272. Standards |
| DIVISION 7. AIRBAG WASTE RULE |
| § 335.281. Airbag Waste |
| SUBCHAPTER I. PROHIBITION ON OPEN DUMPS |
| § 335.301. Purpose |
| § 335.302. Prohibitions |
| § 335.303. Criteria for Classification of Solid Waste Disposal Facilities and Practices |
| § 335.304. Classification of Facilities |
| § 335.305. Upgrading or Closing of Open Dumps |
| § 335.306. List of Interested or Affected Persons |
| § 335.307. Notification of Classification by Commission |
| § 335.308. Complaints |
| SUBCHAPTER J. HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM |
| § 335.321. Purpose |
| § 335.322. Definitions |
| § 335.323. Generation Fee Assessment |
| § 335.324. Facility Fee Assessment |
| § 335.325. Industrial Solid Waste and Hazardous Waste Management Fee Assessment |
| § 335.326. Dry Weight Determination |
| § 335.327. Alternate Methods of Dry Weight Determination |
| § 335.328. Fees Payment |
| § 335.329. Records and Reports |
| § 335.330. Cancellation, Revocation, and Transfer |
| § 335.331. Failure To Make Payment or Report |
| § 335.332. Appendices I and II |
| SUBCHAPTER K. HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION |
| § 335.341. Purpose and Scope |
| § 335.342. Definitions |
| § 335.343. Ranking of Facilities |
| § 335.344. Delisting and Modifications |
| § 335.345. Requests for Information or Production of Documents |
| § 335.346. Removals and Preliminary Site Investigations |
| § 335.347. Financial Capability, Liens, and Cost Recovery Actions |
| § 335.348. General Requirements for Remedial Investigations |
| § 335.349. General Requirements for Remedial Activities |
| § 335.350. Defense to Liability and Claims of Divisibility |
| § 335.351. Settlement Agreements |
| SUBCHAPTER M. PRE-APPLICATION REVIEW AND PERMIT PROCEDURES |
| § 335.391. Pre-application Review |
| § 335.392. Notice of Intent To File a Permit Application |
| § 335.393. Award of Costs |
| SUBCHAPTER N. HOUSEHOLD HAZARDOUS WASTES |
| § 335.401. Purpose and Applicability |
| § 335.402. Definitions |
| § 335.403. General Requirements for Household Hazardous Waste Collections |
| § 335.405. Operational Plans |
| § 335.407. Training Requirements |
| § 335.409. Operation of Collection Events and Permanent Collection Centers |
| § 335.411. Operation of Point of Generation Pick-up Service and Mobile Collection Units |
| § 335.413. General Shipping, Manifesting, Recordkeeping, and Reporting Requirements |
| § 335.415. General Requirements for Transporters |
| § 335.417. General Requirements for Processing, Storage, or Disposal Facilities |
| § 335.419. Reuse of Collected Material |
| SUBCHAPTER O. LAND DISPOSAL RESTRICTIONS |
| § 335.431. Purpose, Scope, and Applicability |
| SUBCHAPTER P. WARNING SIGNS AND CONTAMINATED AREAS |
| § 335.441. Purpose, Scope, and Applicability |
| § 335.442. Definitions |
| § 335.443. Determination of Potential Hazard to Public Health |
| § 335.444. Property Owner Consents to the Placement of Warning Signs |
| § 335.445. Placement of Warning Signs without the Property Owner's Consent |
| § 335.446. Emergency Placement of Warning Signs |
| § 335.447. Reporting of Placement of Warning Signs |
| § 335.448. Removal of Warning Signs |
| SUBCHAPTER Q. POLLUTION PREVENTION: SOURCE REDUCTION AND WASTE MINIMIZATION |
| § 335.471. Definitions |
| § 335.472. Pollutants and Contaminants |
| § 335.473. Applicability |
| § 335.474. Pollution Prevention Plans |
| § 335.475. Implementation |
| § 335.476. Reports and Recordkeeping |
| § 335.477. Exemptions |
| § 335.478. Administrative Completeness |
| § 335.479. Enforcement |
| § 335.480. Confidentiality |
| SUBCHAPTER R. WASTE CLASSIFICATION |
| § 335.501. Purpose, Scope, and Applicability |
| § 335.502. Conversion to Waste Notification and Classification System |
| § 335.503. Waste Classification and Waste Coding Required |
| § 335.504. Hazardous Waste Determination |
| § 335.505. Class 1 Waste Determination |
| § 335.506. Class 2 Waste Determination |
| § 335.507. Class 3 Waste Determination |
| § 335.508. Classification of Specific Industrial Solid Wastes |
| § 335.509. Waste Analysis |
| § 335.510. Sampling Documentation |
| § 335.511. Use of Process Knowledge |
| § 335.512. Executive Director Review |
| § 335.513. Documentation Required |
| § 335.514. Variance from Waste Classification Provisions |
| § 335.515. Enforcement |
| § 335.521. Appendices |
| SUBCHAPTER S. RISK REDUCTION STANDARDS |
| § 335.551. Purpose, Scope, and Applicability |
| § 335.552. Definitions |
| § 335.553. Required Information |
| § 335.554. Attainment of Risk Reduction Standard Number 1: Closure/Remediation to Background |
| § 335.555. Attainment of Risk Reduction Standard Number 2: Closure/Remediation to Health-Based Standards and Criteria |
| § 335.556. Determination of Cleanup Levels for Risk Reduction Standard Number 2 |
| § 335.557. Criteria for Selection of Nonresidential Soil Requirements for Risk Reduction Standard Number 2 |
| § 335.558. Medium Specific Concentrations for Risk Reduction Standard Number 2 |
| § 335.559. Medium Specific Requirements and Adjustments for Risk Reduction Standard Number 2 |
| § 335.560. Post-Closure Care and Deed Certification for Risk Reduction Standard Number 2 |
| § 335.561. Attainment of Risk Reduction Standard Number 3: Closure/Remediation with Controls |
| § 335.562. Remedy Evaluation Factors for Risk Reduction Standard Number 3 |
| § 335.563. Media Cleanup Requirements for Risk Reduction Standard Number 3 |
| § 335.564. Post-Closure Care Not Required for Risk Reduction Standard Number 3 |
| § 335.565. Post-Closure Care Required for Risk Reduction Standard Number 3 |
| § 335.566. Deed Recordation for Risk Reduction Standard Number 3 |
| § 335.567. Appendix I |
| § 335.568. Appendix II |
| § 335.569. Appendix III |
| SUBCHAPTER T. PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES |
| § 335.580. Purpose and Applicability |
| § 335.581. Definitions |
| § 335.582. Prohibited Wastes |
| § 335.583. Permit Procedures |
| § 335.584. Location Restrictions |
| § 335.585. General Inspection Requirements |
| § 335.586. Personnel Training |
| § 335.587. Waste Analysis |
| § 335.588. General Requirements for Ignitable, Reactive, or Incompatible Wastes |
| § 335.589. Contingency Plan |
| § 335.590. Operational and Design Standards |
| § 335.591. Groundwater Protection Design and Operation |
| § 335.592. Groundwater Monitoring and Corrective Action |
| § 335.593. Closure and Post-Closure Care Requirements |
| § 335.594. Financial Assurance |
| SUBCHAPTER U. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARD PERMIT |
| § 335.601. Purpose, Scope, and Applicability |
| § 335.602. Standards |
| SUBCHAPTER V. STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS |
| § 335.701. Purpose and Applicability |
| § 335.702. Standards |
| § 335.703. Financial Assurance Requirements |
| § 335.704. Cost Estimate |
| § 335.705. Removal and Decontamination Plan for Release |
| § 335.706. Release of the Owner or Operator from the Requirements of this Subchapter |
| SUBCHAPTER W. MANAGEMENT STANDARDS FOR HAZARDOUS WASTE PHARMACEUTICALS |
| § 335.751. Definitions |
| § 335.753. Applicability |
| § 335.755. Standards for Healthcare Facilities Managing Non-Creditable Hazardous Waste Pharmaceuticals |
| § 335.757. Standards for Healthcare Facilities Managing Potentially Creditable Hazardous Waste Pharmaceuticals |
| § 335.759. Healthcare Facilities That are Very Small Quantity Generators for Both Hazardous Waste Pharmaceuticals and Non-pharmaceutical Hazardous Waste |
| § 335.761. Prohibition of Sewering Hazardous Waste Pharmaceuticals |
| § 335.763. Conditional Exemptions for Hazardous Waste Pharmaceuticals that are Controlled Substances and Household Waste Pharmaceuticals Collected in a Take-back Event or Program |
| § 335.765. Residues of Hazardous Waste Pharmaceuticals in Empty Containers |
| § 335.767. Shipping Non-Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or Evaluated Hazardous Waste Pharmaceuticals from a Reverse Distributor |
| § 335.769. Shipping Potentially Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or a Reverse Distributor to a Reverse Distributor |
| § 335.771. Standards for the Management of Potentially Creditable Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals by Reverse Distributors |