| (a) Generators that comply with the requirements of
paragraph (1) of this subsection are exempt from all requirements
adopted by reference in §335.112(a)(6) and (7) of this title
(relating to Standards), except 40 Code of Federal Regulations (CFR) §265.111
and §265.114. Except as provided in subsections (f) - (h) and
(n) of this section, a generator may accumulate hazardous waste on-site
for 90 days without a permit or interim status provided that:
(1) the waste is placed:
(A) in containers and the generator complies with the
applicable requirements of 40 CFR Part 265, Subparts I, AA, BB, and
CC, as adopted by reference under §335.112(a) of this title;
and/or
(B) in tanks and the generator complies with the applicable
requirements of 40 CFR Part 265, Subparts J, AA, BB, and CC, except
40 CFR §265.197(c) and §265.200, as adopted by reference
under §335.112(a) of this title; and/or
(C) on drip pads and the generator complies with §335.112(a)(18)
of this title and maintains the following records at the facility:
a description of procedures that will be followed to ensure that all
wastes are removed from the drip pad and associated collection system
at least once every 90 days; and documentation of each waste removal,
including the quantity of waste removed from the drip pad and the
sump or collection system and the date and time of removal; and/or
(D) in containment buildings and the generator complies
with 40 CFR Part 265, Subpart DD, as adopted by reference under §335.112(a)
of this title and has placed its professional engineer certification
that the building complies with the design standards specified in
40 CFR §265.1101 in the facility's operating record prior to
operation of the unit. The owner or operator shall maintain the following
records at the facility:
(i) a written description of procedures to ensure that
each waste volume remains in the unit for no more than 90 days, a
written description of the waste generation and management practices
for the facility showing that they are consistent with respecting
the 90-day limit, and documentation that the procedures are complied
with; or
(ii) documentation that the unit is emptied at least
once every 90 days;
(2) the date upon which each period of accumulation
begins is clearly marked and visible for inspection on each container;
and
(3) while being accumulated on-site, each container
and tank is labeled or marked clearly with the words, "Hazardous Waste";
and
(4) the generator complies with the following:
(A) the requirements for owners or operators in 40
CFR Part 265, Subparts C and D and with 40 CFR §265.16, as adopted
by reference in §335.112(a) of this title;
(B) all applicable requirements under 40 CFR Part 268,
as adopted by reference under §335.431 of this title (relating
to Purpose, Scope, and Applicability); and
(C) Section 335.113 of this title (relating to Reporting
of Emergency Situations by Emergency Coordinator).
(b) A generator of 1,000 kilograms or greater of hazardous
waste in a calendar month, or greater than 1 kilogram of acute hazardous
waste listed in 40 CFR §261.31 or §261.33(e) in a calendar
month, who accumulates hazardous waste or acute hazardous waste for
more than 90 days is an operator of a storage facility and is subject
to the requirements of 40 CFR Parts 264, 265, and 267 and the permit
requirements of 40 CFR Part 270 unless he has been granted an extension
to the 90-day period. Such extension may be granted by the executive
director if hazardous wastes must remain on-site for longer than 90
days due to unforeseen, temporary, and uncontrollable circumstances.
An extension of up to 30 days may be granted at the discretion of
the executive director on a case-by-case basis.
(c) Persons exempted under this provision, who generate
hazardous waste, are still subject to the requirements in Subchapter
A of this chapter (relating to Industrial Solid Waste and Municipal
Hazardous Waste in General) applicable to generators of Class 1 waste.
(d) A generator, other than a conditionally exempt
small quantity generator regulated under §335.78 of this title
(relating to Special Requirements for Hazardous Waste Generated by
Conditionally Exempt Small Quantity Generators), may accumulate as
much as 55 gallons of hazardous waste or one quart of acutely hazardous
waste listed in 40 CFR §261.31 or §261.33(e) in containers
at or near any point of generation where wastes initially accumulate,
which is under the control of the operator of the process generating
the waste, without a permit or interim status and without complying
with subsection (a) or (f) of this section provided he:
(1) complies with 40 CFR §§265.171, 265.172,
and 265.173(a), as adopted by reference under §335.112(a) of
this title; and
(2) marks his containers either with the words "Hazardous
Waste" or with other words that identify the contents of the containers.
(e) A generator who accumulates either hazardous waste
or acutely hazardous waste listed in 40 CFR §261.31 or §261.33(e)
in excess of the amounts listed in subsection (d) of this section
at or near any point of generation must, with respect to that amount
of excess waste, comply within three days with subsection (a) of this
section or other applicable provisions of this chapter. During the
three-day period, the generator must continue to comply with subsection
(d) of this section. The generator must mark the container holding
the excess accumulation of hazardous waste with the date the excess
amount began accumulating.
(f) A generator who generates greater than 100 kilograms
but less than 1,000 kilograms of hazardous waste in a calendar month
may accumulate hazardous waste on-site for 180 days or less without
a permit or without having interim status provided that:
(1) the quantity of waste accumulated on-site never
exceeds 6,000 kilograms;
(2) the generator complies with the requirements of
40 CFR Part 265, Subpart I, as adopted by reference under §335.112(a)
of this title, except 40 CFR §265.176 and §265.178;
(3) the generator complies with the requirements of
40 CFR §265.201, as adopted by reference under §335.112(a)
of this title;
(4) the generator complies with the requirements of:
(A) subsection (a)(2) and (3) of this section;
(B) 40 CFR Part 265, Subpart C, as adopted by reference
under §335.112(a) of this title;
(C) all applicable requirements under 40 CFR Part 267,
as adopted by reference under §335.601 and §335.602 of this
title (relating to Purpose, Scope, and Applicability; and Standards);
and
(D) all applicable requirements under 40 CFR Part 268,
as adopted by reference under §335.431 of this title; and
(5) the generator complies with the following requirements.
(A) At all times there must be at least one employee
either on the premises or on call (i.e., available to respond to an
emergency by reaching the facility within a short period of time)
with the responsibility for coordinating all emergency response measures
specified in subparagraph (D) of this paragraph. This employee is
the emergency coordinator.
(B) The generator must post the following information
next to telephones that may be used to summon emergency assistance:
(i) the name and telephone number of the emergency
coordinator;
(ii) location of fire extinguishers and spill control
material, and, if present, fire alarm; and
(iii) the telephone number of the fire department,
unless the facility has a direct alarm.
(C) The generator must ensure that all employees are
thoroughly familiar with proper waste handling and emergency procedures,
relevant to their responsibilities during normal facility operations
and emergencies;
(D) The emergency coordinator or his designee must
respond to any emergencies that arise. The applicable responses are
as follows.
(i) In the event of a fire, call the fire department
or attempt to extinguish it using a fire extinguisher.
(ii) In the event of a spill, contain the flow of hazardous
waste to the extent possible, and as soon as is practicable, clean
up the hazardous waste and any contaminated materials or soil.
(iii) In the event of a fire, explosion, or other release
which could threaten human health outside the facility or when the
generator has knowledge that a spill has reached surface water, the
generator must immediately notify the National Response Center (using
its 24-hour toll free number (800) 424-8802) and the commission according
to the procedures set out in the State of Texas oil and hazardous
substances spill contingency plan. The reports must include the following
information:
(I) the name, address, and United States Environmental
Protection Agency (EPA) identification number of the generator;
(II) date, time, and type of incident (e.g., spill
or fire);
(III) quantity and type of hazardous waste involved
in the incident;
(IV) extent of injuries, if any; and
(V) estimated quantity and disposition of recovered
materials, if any.
(g) A generator who generates greater than 100 kilograms
but less than 1,000 kilograms of hazardous waste in a calendar month
and who must transport his waste, or offer his waste for transportation,
over a distance of 200 miles or more for off-site processing, storage,
or disposal may accumulate hazardous waste on-site for 270 days or
less without a permit or without having interim status, provided that
he complies with the requirements of subsection (f) of this section.
(h) A generator who generates greater than 100 kilograms
but less than 1,000 kilograms of hazardous waste in a calendar month
and who accumulates hazardous waste in quantities exceeding 6,000
kilograms or accumulates hazardous waste for more than 180 days (or
for more than 270 days if he must transport his waste, or offer his
waste for transportation, over a distance of 200 miles or more) is
an operator of a storage facility and is subject to the requirements
of this chapter (relating to Industrial Solid Waste and Municipal
Hazardous Waste), and Subchapters E and F of this chapter (relating
to Interim Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities; and Permitting Standards for Owners
and Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities)
and the permit requirements of Chapter 305 of this title (relating
to Consolidated Permits), unless he has been granted an extension
to the 180-day (or 270-day, if applicable) period. Such extension
may be granted by the executive director if hazardous wastes must
remain on-site for longer than 180 days (or 270 days, if applicable)
due to unforeseen, temporary, and uncontrollable circumstances. An
extension of up to 30 days may be granted at the discretion of the
executive director on a case-by-case basis.
(i) A generator who generates or collects hazardous
waste for the purpose of treatability studies is not subject to this
section.
(j) A generator of 1,000 kilograms or greater of hazardous
waste per calendar month who also generates wastewater treatment sludges
from electroplating operations that meet the listing description for
EPA hazardous waste number F006, may accumulate F006 waste on-site
for more than 90 days, but not more than 180 days without a permit
or without having interim status provided that:
(1) the generator has implemented pollution prevention
practices that reduce the amount of any hazardous substances, pollutants,
or contaminants entering the F006 waste or otherwise released to the
environment prior to its recycling;
(2) the F006 waste is legitimately recycled through
metals recovery;
(3) no more than 20,000 kilograms of F006 waste is
accumulated on-site at any one time; and
(4) the F006 waste is managed in accordance with the
following:
(A) the F006 waste is placed:
(i) in containers and the generator complies with the
applicable requirements of 40 CFR Part 265, Subparts I, AA, and BB,
as adopted by reference under §335.112(a) of this title, and
40 CFR Part 265, Subpart CC; and/or
(ii) in tanks and the generator complies with the applicable
requirements of 40 CFR Part 265, Subparts J, AA, BB, as adopted by
reference under §335.112(a) of this title, and 40 CFR Part 265,
Subpart CC, except 40 CFR §265.197(c) and §265.200; and/or
(iii) in containment buildings and the generator complies
with 40 CFR Part 265, Subpart DD, as adopted by reference under §335.112(a)
of this title, and has placed its professional engineer certification
that the building complies with the design standards specified in
40 CFR §265.1101 in the facility's operating record prior to
operation of the unit. The owner or operator shall maintain the following
records at the facility:
(I) a written description of procedures to ensure that
the F006 waste remains in the unit for no more than 180 days, a written
description of the waste generation and management practices for the
facility showing that they are consistent with the 180-day limit,
and documentation that the generator is complying with the procedures;
or
Cont'd... |
