Texas Register, Volume 11, Number 8, Pages 484-569, January 28, 1986 Page: 502
484-569 p. ; 28 cm.View a full description of this periodical.
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waste on-site for 90 days or less without
a permit and accumulate. specified max-
Imum amounts of hazardous waste near
their point of generation, if certain re-
quirements are satisfied. Sections 335.70,
335.71 and 335.73 establish record keep-
ing, annual reporting, and additional
report ng requirements for generators.
Reqi,::, cents for interstate shipments
and ir" (3 national shipments appear in
335.74 and 335.75. Section 335.76
relates to farmers disposing of waste
pesticide.,.
In Subnppter D, concerning standards
applicable to transporters of hazardous
waste, 335.91 and 335.92 describe the
scope of the sections and require an EPA
Identification number for hazardous
waste transportation. Section 335.93
prescribes procedures to follow in the
event of hazardous waste discharges. R9-
quirements for transfer facilities are set
forth in 335.94.
Subchapter E, concerning interim stan-
dards for owners and operators of hazar-
dous waste storage, processing,.or dis-
posal facilities, is a consolidation of Sub;
chapters E-T of the Texas Water Develop-
ment Board sections. Under 335.112,
many of the EPA rules and appendices ap-
pearing in 40 Code of Federal Regulations
Part 265, in effect on October 1, 1985, are
adopted by reference. Other provisions
are expressly included in Subchapter E.
Sections 335.11 and 335.113-335.115
discuss the applicability of the sub-
chapter and emergency and other report-
ing requirements for owners or operators
of hazardous waste storage, processing,
or disposal facilities. Sections 335.116 and
335.117 establish the applicability of
groundwater monitoring requirements
and the associated record keeping and
reporting requirements. Sections 335.118
and 335.119 relate to closure and post-
closure plans and the procedures for sub-
mission and approval of those plans. Con-
tainment requirements for waste piles are
set forth in 335.120. General operating re-
quirements, record keeping requirements,
and closure and post-closure require-
ments for land treatment facilities are pro-
vided in 335.121-335.123. Section 335.124
establishes general operating require-
ments for landfills, followed by the special
requirements for bulk and containerized
waste in landfills outlined in 335.125. Ef-
fective May 8, 1985, the placement of bulk
or noncontainerized liquid hazardous
waste or hazardous waste containing free
liquids in any landfill is prohibited. Effec-
tive November 8, 1985, the placement of
any liquid which is not a hazardous waste
in a landfill is prohibited, with some ex-
ceptions. Section 335.126 requires empty
containers to be reduced in volume before
burial beneath a landfill's surface.
The EPA regulations adopted by reference
in 335.112 of Subchapter E include the
rules codifying the hazardous and solid
waste amendments of 1984 which were
published by the EPA in the July 15, 1985,
Issue of the Federal Register. These
regulations impose design requirementson owners or operators of surface im-
poundments, monofills, waste piles, and
landfills, including reauirements on liners
and leachate collect: . systems.
Subchpater F, concerning permitting stan-
dards for owners and operators of hazar-
dous waste storage, processing, or dis-
posal facilities, establishes minimum
standards to define the acceptable man-
agement of hazardous waste in evaluat-
ing permit applications, groundwater pro-
tection investigation reports, and correc-
tive action measures for solid waste man-
agement activities. Subchapter F also in-
cludes the EPA rules codifying the hazar-
dous and solid waste amendments of
1984. which appear at 50 FedReg 28702
in the July 15, 1985 issue. Section 335.152
incorporates by reference the provisions
of 40 Code of Federal Regulations Part
264 in effect as of October 1, 1985, except
as specifically provided. Section 335.153
establishes requirements applicable to
reporting of emergency situations by the
emergency coordinator, including a re-
quirement to notify pursuant to the State
of Texas oil and hazardous substances
spill contingency plan. Section 335.154
establishes reporting requirements re-
lating to annual reports and monthly sum-
maries. Section 335.155 establishes addi-
tional reporting requirements. Section
335.156, relating to applicability of ground-
water monitoring and response, reflects
the new requirements of 40 Code of Fed-
eral Regulations 264.90: the redefinition
of regulated unit; and the variance from
groundwater monitoring for certain en-
gineered structures. Section 335.157 sets
forth the required programs for ground-
water monitoring and response. Sections
335.158-335.166 provide the basic elements
of the groundwater protection program
and correspond to 40 Code of Federal
Regulations 264.92-264.100. Section
335.167 requires corrective action for solid
waste management units a2 permitted fa-
cilities and corresponds to 40 Code of
Federal Regulations 264.10t1 Corrective
action will be established pursuant to
compliance plans issued under 305.401.
Section 335.168, relating to design and
operating requirements for surface im-
poundments, establishes requirements for
double liners and leachate collection sys-
tems and corresponds to newly amended
40 Code of Federal Regulations 264.221.
Section 335.169 establishes requirements
for closure and post-closure care for sur-
face impoundments. Section 335.170 es-
tablishes design and operating require-
ments for waste piles. Section 335.171
establishes design and operating require-
ments for land treatment facilities. Sec-
tion 335.172 establishes closure and post-
closure care requirements for land treat-
ment facilities. Section 335.173, relating
to design and operating requirements for
landfills, establishes requirements for
double liners and leachate collection
systems and relates to 40 Code of Federal
Regulations 264.301. Section 335.174 es-
tablishes requirements for closure andpost-closure care requirerrd ' t N' W-
fills. Section 335.175 establishes special
requirements for bulk and containerized
waste and includes in subsections (b) and
(c) the ban on placement of bulk liquid
hazardous waste and nonhazardous waste
liquids in landfills. Section 335.176
establishes special requirements for the
landfilling of containers. Section 335.177
establishes a general environmental per-
formance standard relating to discharges
of hazardous waste, nuisance conditions,
and endangerment of the public health or
welfare. Provisions for variance from the
groundwater monitoring and response pro-
gram for double-lined landfills, surface
impoundments and waste piles, elimi-
nated by the hazardous and solid waste
amendments of 1984, are not being car-
ried forward in these proposed sections.
Subchapter G, conrtrning location stan-
dards for hazardous waste storage, pro-
cessing or disposal, establishes minimum
standards to be applied in evaluating
hazardous waste permit applications for
new facilities and areal expansions of ex-
isting facilities filed on or after September
1, 1984. Sections 335.201 and 335.202
establish the applicability of the sub-
chapter and provide definitions for use in
this subchapter. Section 335.203 sets
forth site selection factors for the protec-
tion of groundwater or surface water. Un-
suitable site characteristics for storage or
processing facilities, land treatment facil-
ities, waste piles, storage surface im-
poundments, and landfills are outlined in
335.204. Under the mandate of House
Bill 2358, restrictions are imposed on the
distance from an established residence,
church, school, or public park for land
treatment facilities and landfills. Addi-
tional restrictions on location of landfills
in a 100 year floodplain, location of hazar-
dous waste management units in wet-
lands, and location of certain units in
recharge zones of aquifers are incorpor-
ated into 335.204. Section 335.204(f) pro-
hibits the placement of any noncontain-
erized or bulk liquid hazardous waste in
any salt dome formation, salt bed forma-
tion, underground mine or cave. The pro-
hibitions against permit issuance for new
facilities or areal expansions of existing
facilities are set forth in 335.205. Local
governments may petition the commis-
sion for a rule restricting or prohibiting
the siting of a new facility under the terms
of 335.206.
Subchapter H, relating to standards for
the management of specific wastes and
specific types of facilities, includes pro-
visions on four types of waste recycling
activities that are not subject to the ex-
isting regulations for generators, trans-
porters, and storage facilities, but that are
regulated in this subchapter. Provisions
concerning recyclable materials used in
a manner constituting disposal appear in
335.211-335.214. Section 335.211 ex-
plains that these sections apply to recy-
clable materials that are applied 10 or
placed on the land without mixing withJanuary 28, 1986 11 TexReg 502
4Proposed Rules
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Texas. Secretary of State. Texas Register, Volume 11, Number 8, Pages 484-569, January 28, 1986, periodical, January 28, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243756/m1/20/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.