16 Tex. Admin. Code § 3.98 - [Effective until 7/1/2025] Standards for Management of Hazardous Oil and Gas Waste
(a) Purpose. The
purpose of this section is to establish standards for management of hazardous
oil and gas waste.
(b) Definitions.
The following words and terms, when used in this section, shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Activities associated with the
exploration, development, and production of oil or gas or geothermal
resources--Activities associated with:
(A)
the drilling of exploratory wells, oil wells, gas wells, or geothermal resource
wells;
(B) the production of oil,
gas, or geothermal resources, including:
(i)
activities associated with the drilling of injection water source wells that
penetrate the base of usable quality water;
(ii) activities associated with the drilling
of cathodic protection holes associated with the cathodic protection of wells
and pipelines subject to the jurisdiction of the commission to regulate the
production of oil, gas, or geothermal resources;
(iii) activities associated with natural gas
or natural gas liquids processing plants or reservoir pressure maintenance or
repressurizing plants;
(iv)
activities associated with any underground natural gas storage facility,
provided the terms "natural gas" and "storage facility" shall have the meanings
set out in Texas Natural Resources Code, §
91.173;
(v) activities associated with any
underground hydrocarbon storage facility, provided the terms "hydrocarbons" and
"underground hydrocarbon storage facility" shall have the meanings set out in
Texas Natural Resources Code, §
91.201;
and
(vi) activities associated with
the storage, handling, reclamation, gathering, transportation, or distribution
of oil or gas prior to the refining of such oil or prior to the use of such gas
in any manufacturing process or as a residential or industrial fuel;
(C) the operation, abandonment,
and proper plugging of wells subject to the jurisdiction of the commission to
regulate the exploration, development, and production of oil or gas or
geothermal resources; and
(D) the
discharge, storage, handling, transportation, reclamation, or disposal of waste
or any other substance or material associated with any activity listed in
subparagraphs (A) - (C) of this paragraph.
(2) Administrator--The administrator of the
United States Environmental Protection Agency, or the administrator's
designee.
(3) Authorized
facility--Either:
(A) an authorized recycling
or reclamation facility; or
(B) an
authorized treatment, storage, or disposal facility.
(4) Authorized recycling or reclamation
facility--A facility permitted in accordance with the requirements of 40 CFR,
Parts 270 and 124 or Part 271, if required, at which hazardous waste that is to
be recycled or reclaimed is managed and whose owner or operator is subject to
regulation under:
(A)
40 CFR, §
261.6 (c) or an equivalent state program
(concerning facilities that recycle recyclable materials); or
(B) 40 CFR, Part 266, Subparts C (concerning
recyclable materials used in a manner constituting disposal), F (concerning
recyclable materials used for precious metal recovery), or G (concerning spent
lead-acid batteries being reclaimed), or an equivalent state program.
(5) Authorized representative--The
person responsible for the overall operation of all or any part of a facility
or generation site.
(6) Authorized
treatment, storage, or disposal facility--A facility at which hazardous waste
is treated, stored, or disposed of that:
(A)
has received either:
(i) a permit (or interim
status) in accordance with the requirements of 40 CFR, Parts 270 and 124 (EPA
permit); or
(ii) a permit (or
interim status) from a state authorized in accordance with 40 CFR, Part 271 ;
and
(B) is authorized
under applicable state or federal law to treat, store, or dispose of that type
of hazardous waste. If a hazardous oil and gas waste is destined to a facility
in an authorized state that has not yet obtained authorization from the EPA to
regulate that particular hazardous waste, then the designated facility must be
a facility allowed by the receiving state to accept such waste and the facility
must have a permit issued by the EPA to manage that waste.
(7) Centralized Waste Collection Facility or
CWCF--A facility that meets the requirements of subsection (m)(3) of this
section.
(8) Certification--A
statement of professional opinion based upon knowledge and belief.
(9) CFR--Code of Federal
Regulations.
(10) CESQG--A
conditionally exempt small quantity generator, as described in subsection
(f)(1) of this section (relating to generator classification and accumulation
time).
(11) Commission--The
Railroad Commission of Texas or its designee.
(12) Container--Any portable device in which
material is stored, transported, treated, disposed of, or otherwise
handled.
(13) Contaminated
media--Soil, debris, residues, waste, surface waters, ground waters, or other
materials containing hazardous oil and gas waste as a result of a discharge or
clean-up of a discharge.
(14)
Department of Transportation or DOT--The United States Department of
Transportation.
(15) Designated
facility--An authorized facility that has been designated on the manifest by
the generator pursuant to the provisions of subsection (o)(1) of this section
(relating to general manifest requirements).
(16) Discharge or hazardous waste
discharge--The accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying, or dumping of hazardous waste into or on any land or
water.
(17) Disposal--The
discharge, deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land or water so that such waste or any
constituent thereof may enter the environment or be emitted into the air or
discharged into any waters, including ground waters.
(18) Disposal facility--A facility or part of
a facility at which hazardous waste is intentionally placed into or on any land
or water, and at which waste will remain after closure.
(19) Elementary neutralization unit--A device
consisting of a tank, tank system, container, transport vehicle, or vessel that
is used for neutralizing wastes that are hazardous wastes:
(A) only because they exhibit the
characteristic of corrosivity under the test referred to in subsection
(e)(1)(D)(ii) of this section (relating to characteristically hazardous
wastes); or
(B) they are identified
in subsection (e)(1)(D)(i) of this section (relating to listed hazardous
wastes) only because they exhibit the corrosivity characteristic.
(20) Empty container--A container
or an inner liner removed from a container that has held any hazardous waste
and that meets the requirements of
40 CFR, §
261.7 (b).
(21) Environmental Protection Agency or
EPA--The United States Environmental Protection Agency.
(22) EPA Acknowledgment of Consent--The cable
sent to the EPA from the United States Embassy in a receiving country that
acknowledges the written consent of the receiving country to accept the
hazardous waste and describes the terms and conditions of the receiving
country's consent to the shipment.
(23) EPA hazardous waste number--The number
assigned by the EPA to each hazardous waste listed in 40 CFR, Part 261, Subpart
D, and to each characteristic identified in 40 CFR, Part 261, Subpart
C.
(24) EPA identification number
or EPA ID Number--The number assigned by the EPA to each hazardous waste
generator, transporter, and treatment, storage, or disposal facility.
(25) EPA Form 8700-12--The EPA form that must
be completed and delivered to the commission in order to obtain an EPA ID
number.
(26) Executive director of
the TCEQ--The executive director of the TCEQ or the executive director's
designee.
(27) Facility--All
contiguous land, including structures, other appurtenances, and improvements on
the land, used for recycling, reclaiming, treating, storing, or disposing of
hazardous waste. A facility may consist of several treatment, storage, or
disposal operational units (e.g., one or more landfills, surface impoundments,
or combinations thereof).
(28)
Generate--To produce hazardous oil and gas waste or to engage in any activity
(such as importing) that first causes a hazardous oil and gas waste to become
subject to regulation under this section.
(29) Generation site--
(A) Excluding sites addressed in
subparagraphs (B) (relating to pipelines) and (C) (relating to gas plants) of
this paragraph, any of the following operational units that are owned or
operated by one person and other sites at which hazardous oil and gas waste is
generated or where actions first cause a hazardous oil and gas waste to become
subject to regulation, including but not limited to:
(i) all oil and gas wells that produce to one
set of storage or treatment vessels, such as a tank battery, the storage or
treatment vessels, associated flowlines, and related land surface;
(ii) an injection or disposal site, that is
not part of a generation site described in subparagraph (A)(i) of this
paragraph, its related injection or disposal wells, associated injection lines,
and related land surface;
(iii) an
offshore platform; or
(iv) any
other site, including all structures, appurtenances, or other improvements
associated with that site that are geographically contiguous, but which may be
divided by public or private right-of-way, provided the entrance and exit
between the properties is at a cross-roads intersection, and access is by
crossing as opposed to going along, the right-of-way.
(B) In the case of a pipeline system (other
than a field flowline or injection line system), an equipment station (such as
a pump station, breakout station, or compressor station) or any other location
along a pipeline (such as a drip pot, pigging station, or rupture), together
with any and all structures, other appurtenances, and improvements:
(i) that are geographically contiguous with
or are physically related to an equipment station or other location described
in this paragraph, but excluding any pipeline that connects two or more such
stations or locations;
(ii) that
are owned or operated by one person; and
(iii) at which hazardous oil and gas waste is
produced or where actions first cause a hazardous oil and gas waste to become
subject to regulation.
(C) A natural gas treatment or processing
plant or a natural gas liquids processing plant.
(30) Generator--Any person, by generation
site, whose act or process produces hazardous oil and gas waste or whose act
first causes a hazardous oil and gas waste to become subject to regulation
under this section, or such person's authorized representative.
(31) Geothermal energy and associated
resources Geothermal energy and associated resources as defined in Texas
Natural Resources Code, §
141.003(4).
(32) Hazardous oil and gas waste--Any oil and
gas waste determined to be hazardous under the provisions of subsection (e) of
this section (relating to hazardous waste determination).
(33) Hazardous oil and gas waste
constituent--A hazardous waste constituent of hazardous oil and gas
waste.
(34) Hazardous waste--A
hazardous waste, as defined in
40 CFR,
§261.3, including a hazardous oil and
gas waste.
(35) Hazardous waste
constituent--A constituent that caused the administrator to list a hazardous
waste in 40 CFR, Part 261, Subpart D, or a constituent listed in table 1 of
40 CFR,
§261.24.
(36) International shipment--The
transportation of hazardous oil and gas waste into or out of the jurisdiction
of the United States.
(37) Land
disposal--The placement in or on the land, except as otherwise provided in 40
CFR, Part 268, including placement in a landfill, surface impoundment, waste
pile, injection well, land treatment facility, salt dome formation, salt bed
formation, or underground mine or cave, or placement in a concrete vault or
bunker intended for disposal purposes.
(38) LQG--A large quantity generator, as
described in subsection (f)(3) of this section (relating to generator
classification and accumulation time).
(39) Management--The systematic control of
the collection, source separation, storage, transportation, processing,
treatment, recovery, and disposal of hazardous waste.
(40) Manifest--The shipping document required
pursuant to the provisions of subsection (o) of this section (relating to
manifests).
(41) Manifest document
number--The 12-digit identification number assigned to a generator by the EPA,
plus a unique five-digit document number assigned to the manifest by the
generator, or preprinted on the manifest, for recording and reporting
purposes.
(42) Oil and gas
waste--Waste generated in connection with activities associated with the
exploration, development, and production of oil or gas or geothermal resources,
or the solution mining of brine. Until delegation of authority under RCRA to
the commission by EPA, the term "oil and gas waste" shall exclude hazardous
waste arising out of or incidental to activities associated with natural gas
treatment or natural gas liquids processing plants and reservoir pressure
maintenance or repressurizing plants.
(43) On-site--At the generation
site.
(44) Operator--The person
responsible for the overall operation of a facility.
(45) Owner--The person who owns a facility or
part of a facility.
(46) P-5
operator number--The number assigned by the commission to each person who
conducts any of the activities specified in §
3.1 of this title (relating to
Organization Report; Retention of Records; Notice Requirements) within the
State of Texas.
(47) Person--An
individual, firm, joint stock company, corporation, organization, government,
governmental subdivision or agency, business trust, estate, trust, partnership,
association, or any other legal entity.
(48) Pressure maintenance plant or
repressurizing plant--A plant for processing natural gas for reinjection (for
reservoir pressure maintenance or repressurizing) in a natural gas recycling
project. These terms do not include a compressor station along a natural gas
pipeline system or a pump station along a crude oil pipeline system.
(49) Primary exporter--Any person who is
required to originate the manifest for a shipment of hazardous waste in
accordance with 40 CFR, Part 262, Subpart B, or equivalent state provision,
that identifies a treatment, storage, or disposal facility in a receiving
country as the facility to which the hazardous waste will be sent and any
intermediary arranging for the export.
(50) Receiving country--A foreign country to
which a hazardous waste is sent for the purpose of treatment, storage, or
disposal (except short-term storage incidental to transportation).
(51) Reclaim--To process to recover a usable
product or to regenerate.
(52)
Recycle--To beneficially use, reuse, or reclaim hazardous waste.
(53) Reportable quantity--The quantity of a
hazardous substance released in a 24-hour period that must be reported under
the provisions of 40 CFR, Part 117 (for spills to water) or Part 302 (any
spill).
(54) Resource Conservation
and Recovery Act or RCRA--The federal Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act of 1976, as amended,
42 USC
§6901, et seq.
(55) Reuse--To employ hazardous waste as an
ingredient in an industrial process to make a product (other than recovery of
distinct components of hazardous waste as separate end products) or effective
substitution of hazardous waste for a commercial product used in a particular
function or application.
(56)
Sludge--Any solid, semi-solid, or liquid waste generated from a wastewater
treatment plant or water supply treatment plant, or air pollution control
facility, exclusive of the treated effluent from a wastewater treatment
plant.
(57) Solid waste--Any waste
identified in
40 CFR,
§261.2.
(58) Solution mined brine--Brine extracted
from a subsurface salt formation through dissolution of salt in the
formation.
(59) SQG--A small
quantity generator, as described in subsection (f)(2) of this section (relating
to generator classification and accumulation time).
(60) State--Any of the 50 states that compose
the United States, the District of Columbia, the Commonwealth of Puerto Rico,
the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
(61)
Storage--The holding of hazardous waste for a temporary period (excluding
storage at the site of generation during the applicable accumulation time
period specified in subsection (f) of this section), at the end of which the
hazardous waste is recycled, reclaimed, treated, disposed of, or stored
elsewhere.
(62) Tank--A stationary
device designed to contain an accumulation of hazardous waste that is
constructed primarily of non-earthen materials (e. g., wood, concrete, steel,
plastic) that provide structural support.
(63) Tank system--A tank and its associated
ancillary equipment and containment system.
(64) TCEQ--The Texas Commission on
Environmental Quality or its successor agencies.
(65) Totally enclosed treatment facility--A
facility for the treatment of hazardous waste that is directly connected to an
industrial production process and that is constructed and operated in a manner
that prevents the release of any hazardous waste or hazardous waste constituent
into the environment during treatment (e.g., a pipe in which waste acid is
neutralized).
(66) Transfer
facility--Any transportation-related facility including loading docks, parking
areas, storage areas, and other similar areas where shipments of hazardous
waste are held during the normal course of transportation.
(67) Transport vehicle--A motor vehicle or
rail car used for the transportation of cargo. Each cargo-carrying body
(trailer, railroad freight car, etc.) is a separate transport
vehicle.
(68) Transportation--The
movement of hazardous waste by air, rail, highway, or water.
(69) Transporter--A person engaged in the
off-site transportation of hazardous waste.
(70) Treatment--Any method, technique, or
process, including neutralization, designed to change the physical, chemical,
or biological character or composition of any hazardous waste so as to
neutralize such waste, to recover energy or material resources from the waste,
or to render such waste non-hazardous or less hazardous, safer to transport,
store, or dispose of, amenable for recovery or storage, or reduced in volume.
The term does not include any activity that might otherwise be considered
treatment that is exempt from regulation under this section (such as
neutralization of caustic or acidic fluids in an elementary neutralization
unit).
(71) TCEQ-Form 0311--The
TCEQ Uniform Hazardous Waste Manifest form. This form can be obtained from the
commission.
(72) United States--The
50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(73) Used Oil--Any
oil that has been refined from crude oil, or any synthetic oil, that has been
used and as a result of such use is contaminated by physical or chemical
impurities.
(74) Vessel--Every
description of watercraft used or capable of being used as a means of
transportation on the water. The term does not include a structure that is or
is designed to be, permanently affixed to one location, or a drilling or
workover vessel that is stationary or fixed for the performance of its primary
function.
(75) Waste--Any solid
waste, as that term is defined in
40 CFR,
§261.2.
(76) Wastewater treatment unit--A device
(such as a hydrostatic test water treatment unit) that:
(A) is a tank or tank system comprising part
of a wastewater treatment facility that is subject to regulation under either
§§402 or 307(b) of the Clean Water Act,
33 USC
§§1342 or 1317(b); and
(B) receives and treats or stores an influent
wastewater that is a hazardous waste, that generates and accumulates a
wastewater treatment sludge that is a hazardous waste, or treats or stores a
wastewater treatment sludge that is a hazardous waste.
(77) Water (bulk shipment)--The bulk
transportation of hazardous waste that is loaded or carried on board a vessel
without containers or labels.
(c) Applicability.
(1) General.
(A) This section applies to any person who
generates hazardous oil and gas waste and to any person who transports
hazardous oil and gas waste.
(B) An
owner or operator of a treatment, storage, or disposal facility regulated by
the TCEQ's industrial and hazardous waste program, shall be subject to the
standards for generators of hazardous waste found in Title 30, Texas
Administrative Code, Chapter 335, Subchapter C (TCEQ standards for generators)
if the facility generates a new waste that contains hazardous oil and gas waste
and waste regulated by the TCEQ's industrial and hazardous waste
program.
(2)
Requirements Cumulative. The provisions of this section are in addition to
applicable provisions contained in any other section, order, policy, rule, or
statutory authority of the commission. In the event of a conflict between this
section and any other section, order, policy, or rule of the commission, this
section shall control.
(d) General Prohibitions. No person may
cause, suffer, allow, or permit the collection, handling, storage,
transportation, treatment, or disposal of hazardous oil and gas waste in a
manner that would violate the provisions of this section.
(e) Hazardous Waste Determination.
(1) Determination. A person who generates a
waste shall determine if such waste is hazardous oil and gas waste as provided
in this subsection. A hazardous oil and gas waste is a waste that:
(A) is defined in subsection (b) of this
section (relating to definitions) as an oil and gas waste;
(B) is not described in
40 CFR, §
261.4 (a) (which describes wastes that are
not considered solid wastes);
(C)
is not described in 40 CFR,
§
261.4 (b) (which describes solid
wastes that are exempt from regulation under RCRA Subtitle C); and
(D) is identified as a hazardous waste
either:
(i) in 40 CFR, Part 261, Subpart D
(regarding listed hazardous wastes); or
(ii) in 40 CFR, Part 261, Subpart C
(regarding characteristically hazardous wastes), as determined either:
(I) by testing the waste:
(-a-) in accordance with methods described in
40 CFR, Part 261, Subpart C; or
(-b-) in accordance with an equivalent method
approved by the administrator under
40
CFR, §260.21; or
(II) by applying knowledge of the hazard
characteristics of the waste in light of the materials or processes
used.
(2) Land Ban. Each LQG and SQG shall
determine whether the hazardous oil and gas waste it generates is prohibited
from land disposal under the provisions of 40 CFR, Part 268. If the waste is
prohibited from land disposal, the LQG or SQG must comply with all applicable
provisions of 40 CFR, Part 268 (concerning management of land ban wastes) prior
to disposing of such waste.
(3)
Exclusions and Exemptions.
(A)
Notwithstanding the provisions of subsection (e)(1) of this section, in the
event the administrator determines, in accordance with the provisions of
40
CFR, §260.22, that a particular oil and
gas waste that is considered a hazardous oil and gas waste because it meets
criteria set out in subsection (e)(1)(D)(i) of this section (relating to listed
hazardous wastes) should not be considered a hazardous waste, such waste shall
be exempt from regulation under this section.
(B) Notwithstanding the provisions of
subsection (e)(1) of this section the following are exempt from regulation
under this section:
(i) any oil and gas waste
described in 40 CFR, §
261.6 (a)(2) (concerning recyclable
materials) that is managed as provided in applicable provisions of 40 CFR, Part
266, Subparts C - H, and 40 CFR, Parts 270 and 124;
(ii) any oil and gas waste described and
recycled, reclaimed, or reused as provided in
40 CFR, §
261.6 (a)(3) (concerning recyclable
materials);
(iii) used oil that is
not considered a hazardous waste under the provisions of
40 CFR, §
279.10 (b) and that is managed as provided in
40 CFR, Part 279 ;
(iv) dielectric
fluid containing polychlorinated biphenyls (PCBs) and electric equipment
containing such fluid that are regulated under 40 CFR, Part 761 and that are
hazardous only because they exhibit the characteristic of toxicity for
D018-D043 under the test required under subsection (e)(1)(D)(ii) of this
section (relating to characteristically hazardous wastes);
(v) debris, as that term is defined in
40 CFR,
§268.2, that is an oil and gas waste:
(I) that contains or contained a hazardous
oil and gas waste listed in 40 CFR, Part 261, Subpart D or that exhibits or
exhibited a hazardous waste characteristic identified in 40 CFR, Part 261,
Subpart C; and
(II) that has been
treated using one of the required destruction technologies specified in Table 1
of
40 CFR,
§268.45 or that is determined by the
administrator to be no longer contaminated with hazardous oil and gas waste;
and
(vi) hazardous oil
and gas waste remaining in an empty container.
(f) Generator Classification and
Accumulation Time.
(1) Conditionally Exempt
Small Quantity Generator.
(A) To be
classified as a conditionally exempt small quantity generator (CESQG) during
any calendar month, a generator of hazardous oil and gas waste must:
(i) generate no more than 100 kilograms
(220.46 pounds) of hazardous oil and gas waste in that calendar month;
and
(ii) accumulate no more than
1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste on-site at any
one time.
(B) Except as
provided in subsection (f)(5) of this section, a CESQG must comply with all
requirements of this section applicable to CESQGs.
(C) If a CESQG generates in one calendar
month, or accumulates on-site at any one time, more than a total of one
kilogram (2.20 pounds) of any acute hazardous waste listed in
40 CFR,
§261.31,
40 C.F.R.
261.32 or 261.33(e) or a total of 100
kilograms (220.46 pounds) of contaminated media resulting from the clean up of
a discharge into or on any land or water of any acute hazardous waste listed in
40 CFR,
§261.31,
40 C.F.R.
261.32, or 261.33(e), all such acute
hazardous wastes must be managed as though generated by an LQG. The LQG
accumulation time period for such acute hazardous wastes shall begin at such
time as the maximum quantity specified in this subparagraph is
exceeded.
(2) Small
Quantity Generator.
(A) To be classified as a
small quantity generator (SQG) in any calendar month, a generator of hazardous
oil and gas waste must:
(i) generate less
than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste in that
calendar month;
(ii) not allow any
particular quantity of hazardous oil and gas waste to remain on-site for a
period of more than:
(I) 180 days from the
date that particular quantity was generated; or
(II) 270 days from the date that particular
quantity was generated, but only if the waste must be transported or offered
for transport to a treatment, storage, or disposal facility that is located a
distance of 200 miles or more from the point of generation; and
(iii) not accumulate more than
6,000 kilograms (13,227.60 pounds) of hazardous oil and gas waste on-site at
any one time.
(B) An SQG
must accumulate all hazardous oil and gas waste in tanks or containers that
meet the requirements of this section and, except as provided in subsection
(f)(5) of this section, comply with all requirements of this section applicable
to SQGs.
(C) The accumulation
period specified in subsection (f)(2)(A)(ii) of this section may be extended an
additional 30 days if the commission, at its sole discretion, determines that
unforeseen, temporary, and uncontrollable circumstances require that hazardous
oil and gas waste remain on-site for a longer time period.
(3) Large Quantity Generators.
(A) Any generator of hazardous oil and gas
waste not classified as a CESQG or SQG is classified as a large quantity
generator (LQG).
(B) An LQG must
accumulate hazardous oil and gas waste in tanks or containers that meet the
requirements of this section and, except as provided in subsection (f)(5) of
this section, comply with all other requirements of this section applicable to
LQGs.
(C) An LQG shall not
accumulate any particular quantity of hazardous oil and gas waste on-site for
more than 90 days from the date that particular quantity was generated, unless
an extension to such 90-day period has been granted in accordance with the
provisions of subsection (f)(4)(D) of this section.
(D) The 90-day accumulation period specified
in subsection (f)(4)(C) of this section may be extended an additional 30 days
if the commission, at its sole discretion, determines that unforeseen,
temporary, and uncontrollable circumstances require that hazardous oil and gas
waste remain on-site for longer than 90 days.
(4) Accumulation in Containers at the Point
of Generation.
(A) Notwithstanding the
foregoing provisions of subsection (f) of this section, an LQG or SQG may
accumulate in containers up to 55 gallons of hazardous oil and gas waste or a
total of one quart of acute hazardous wastes listed in
40 CFR, §
261.33 (e) without having to manage such
hazardous oil and gas waste in accordance with the accumulation time limits
applicable to LQGs or SQGs or with the provisions of subsections (q) (relating
to preparedness and prevention), (r) (relating to contingency plan and
emergency procedures), (s) (relating to personnel training), (t) (relating to
standards for use of containers), and (u) (standards for use of tank systems)
of this section, provided that the requirements of subsection (f)(4)(B) of this
section are met.
(B) All hazardous
oil and gas waste subject to the exemption of subsection (f)(4)(A) of this
section must be accumulated in containers that:
(i) are at a location that is:
(I) under the control of the generator;
and
(II) at or near the point of
generation;
(ii) meet
the applicable requirements of
40 CFR,
§§265.171,
40
C.F.R. 265.172, and 265.173(a) (concerning
container condition, compatibility of waste with container, and closing
containers); and
(iii) are marked
with the words "Hazardous Waste" or with other words that identify the contents
of the containers.
(C)
If the amount of hazardous waste accumulated on-site at or near the point of
generation exceeds the maximum amount specified in subsection (f)(4)(A) of this
section, the generator must, with respect to such excess waste, comply with all
applicable provisions of this section within three days of the date that such
maximum amount is exceeded.
(5) Episodic Generation. Except as otherwise
provided in this paragraph, if a generator's classification varies from one
month to another, the hazardous oil and gas waste generated during any
particular month shall be managed in accordance with the requirements
applicable to the generator's classification for that month.
(A) If hazardous oil and gas waste generated
by a generator who is classified as a CESQG during a particular month is mixed
with waste generated in a month during which the generator is considered an
LQG, the mixture shall be managed in accordance with the standards applicable
to LQGs.
(B) If hazardous oil and
gas waste generated by a generator who is classified as a CESQG during a
particular month is mixed with waste generated in a month during which the
generator is considered an SQG, the mixture shall be managed in accordance with
the standards applicable to SQGs.
(C) If hazardous oil and gas waste generated
by a generator who is classified as an SQG during a particular month is mixed
with waste generated in a month during which the generator is considered an
LQG, the mixture shall be managed in accordance with the standards applicable
to LQGs.
(g)
Notification. A person who is considered an LQG or SQG under the provisions of
this section must notify the commission of the activities of such person that
are subject to the provisions of this section and obtain an EPA ID number by
filing the prescribed form (currently EPA Form 8700-12) with the commission.
Such notification must be made upon the later of 90 days after the effective
date of this section or within ten days of the date that the LQG or SQG becomes
subject to the provisions of this section.
(h) Preparedness and Prevention.
(1) General. In addition to all other
applicable requirements of this section, all generators of hazardous oil and
gas waste shall employ reasonable and appropriate measures (considering the
nature and location of the facility and the types and quantities of hazardous
oil and gas waste maintained at the site) in the operation and maintenance of
his or her generation site to minimize the possibility of a fire, explosion, or
any unplanned sudden or non-sudden release of hazardous oil and gas wastes or
hazardous oil and gas waste constituents to air, soil, or surface water that
could threaten human health or the environment.
(2) LQGs and SQGs. LQGs and SQGs who
accumulate hazardous oil and gas waste at the generation site must comply with
the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart C
(concerning preparedness and prevention).
(i) Contingency Plan and Emergency
Procedures.
(1) LQGs. LQGs who accumulate
hazardous oil and gas waste at the generation site must comply with the
provisions applicable to owners or operators of 40 CFR, Part 265, Subpart D
(concerning contingency plan and emergency procedures).
(2) SQGs. SQGs who accumulate hazardous oil
and gas waste at the generation site must comply with the provisions of
40 CFR, §
262.34 (d)(5) (concerning emergency
response).
(j) Personnel
Training. LQGs who accumulate hazardous oil and gas waste at the generation
site must comply with the provisions applicable to owners or operators of
40 CFR,
§265.16 (concerning personnel
training).
(k) Standards for Use of
Containers.
(1) LQGs. LQGs accumulating
hazardous oil and gas waste in containers must:
(A) comply with the provisions applicable to
owners or operators of 40 CFR, Part 265, Subpart I (concerning use and
management of containers);
(B)
clearly mark each container being used to accumulate hazardous oil and gas
waste on-site, in a manner and location visible for inspection, with the date
accumulation of such hazardous oil and gas waste begins; and
(C) clearly label or mark each container
being used to accumulate hazardous oil and gas waste on-site with the words
"Hazardous Waste."
(2)
SQGs. SQGs accumulating hazardous oil and gas waste in containers must:
(A) comply with the provisions applicable to
owners or operators of 40 CFR, Part 265, Subpart I, except §265.176
(concerning distance from property lines);
(B) clearly mark each container being used to
accumulate hazardous oil and gas waste on-site, in a manner and location
visible for inspection, with the date accumulation of such hazardous oil and
gas waste begins; and
(C) clearly
label or mark each container being used to accumulate hazardous oil and gas
waste on-site with the words "Hazardous Waste."
(3) CESQGs. The provisions of this paragraph
apply to CESQGs only.
(A) Hazardous oil and
gas waste generated by a CESQG may be mixed with non-hazardous waste even
though the resultant mixture exceeds the quantity limitations of subsection
(f)(1) of this section, unless the mixture exhibits any of the hazardous waste
characteristics of the hazardous oil and gas waste in the mixture, as
determined under subsection (e)(1)(D)(ii) of this section.
(B) If a CESQG's wastes are mixed with used
oil, the mixture is subject to the requirements 40 CFR, Part 279 if the mixture
is destined to be burned for energy recovery. Any material produced from such a
mixture by processing, blending, or other treatment is also so regulated if it
is destined to be burned for energy recovery.
(l) Standards for Use of Tank Systems.
(1) LQGs. LQGs accumulating hazardous oil and
gas waste in tanks must:
(A) comply with the
provisions applicable to owners or operators of 40 CFR, Part 265, Subpart J,
except §265.197(c) and §265.200;
(B) comply with the provisions applicable to
owners or operators of
40 CFR,
§265.111 and §
40
C.F.R. 265.114 (concerning closure
performance standards and disposal of contaminated equipment and media);
and
(C) clearly label or mark each
tank being used to accumulate hazardous oil and gas waste with the words
"Hazardous Waste."
(2)
SQGs. SQGs accumulating hazardous oil and gas waste in tanks must:
(A) comply with the provisions of
40 CFR,
§265.201 (concerning accumulation of
waste in tanks by small quantity generators); and
(B) clearly label or mark each tank being
used to accumulate hazardous oil and gas waste with the words "Hazardous
Waste."
(m)
Disposition of Hazardous Oil and Gas Waste.
(1) On-site Treatment, Storage, Disposal,
Recycling, and Reclamation. Except as otherwise specifically provided in this
section, no person may treat, store, dispose of, recycle, or reclaim any
hazardous oil and gas waste on-site.
(2) Transport to Authorized Facility.
(A) Except as otherwise specifically provided
in this section and subject to all other applicable requirements of state or
federal law, a generator of hazardous oil and gas waste must send his or her
waste to one of the following categories of facilities for treatment, storage,
disposal, recycling, or reclamation:
(i) an
authorized recycling or reclamation facility;
(ii) an authorized treatment, storage, or
disposal facility;
(iii) a facility
located outside the United States, provided that the requirements of subsection
(v)(1) of this section (relating to exports of hazardous waste) are
met;
(iv) a transfer facility,
provided that the requirements of subsection (w)(3) of this section are
met;
(v) if the waste is generated
by a CESQG, a facility permitted, licensed, or registered by a state to manage
municipal or industrial solid waste; or
(vi) if the waste is generated by a CESQG, a
centralized waste collection facility (CWCF) that meets the requirements of
subsection (m)(3) of this section.
(B) Notwithstanding any contrary provision of
this subsection, hazardous oil and gas wastes may be treated or stored on-site
in an elementary neutralization unit or a totally enclosed treatment facility.
If a hazardous oil and gas waste that is ignitable under
40 CFR,
§261.21 (other than DOO1 High TOC
Subcategory wastes defined in
40 CFR,
§268.42, Table 2) or that is corrosive
under
40 CFR,
§261.22 is being treated in an
elementary neutralization unit or a wastewater treatment unit to remove the
characteristic before land disposal, the owner or operator must comply with the
requirements of 40 CFR,
§
264.17 (b).
(C) While waste is being accumulated on-site
in accordance with the provisions of subsection (f) of this section, a
generator may treat hazardous oil and gas waste on-site in tanks or containers
that comply with the applicable provisions of subsections (k) and (l) of this
section.
(D) For purposes of §
3.8(e)(f)(1)(C)(vi)
of this title (relating to Water
Protection), the manifest for shipment of hazardous oil and gas waste to a
designated facility (a facility designated on the manifest by the generator
pursuant to the provisions of subsection (o)(1) of this section) shall be
deemed commission authorization for disposal at a facility permitted by another
agency or another state.
(3) Centralized Collection of Hazardous Oil
and Gas Waste.
(A) Centralized Waste
Collection Facility. Provided that the requirements of this paragraph are met,
a person may maintain at a CWCF hazardous oil and gas waste that is generated:
(i) by that person; and
(ii) at sites where that person is considered
a CESQG under the provisions of this section.
(B) Prior to receipt of oil and gas hazardous
waste generated off-site, a person who operates a CWCF must register with the
commission by filing with the commission a notice that includes the following
information:
(i) a map showing the location
of the CWCF and each individual hazardous oil and gas waste generation site
that may contribute waste to the collection facility. In lieu a map, the person
who operates the CWCF may provide to the commission the name and lease number,
field name and number, or other identifying information acceptable to the
commission, of the CWCF and each generation site that may contribute waste to
the collection facility;
(ii) the
person's P-5 operator number; and
(iii) the EPA ID number for the CWCF, if
any.
(C) All hazardous
oil and gas waste received at the CWCF must be kept in closed containers that
are marked with the words "Hazardous Waste."
(D) A person operating a CWCF shall not
maintain at the CWCF at any one time more than 5,000 kilograms of hazardous oil
and gas waste or more than five quarts of any hazardous oil and gas waste that
is listed in 40 CFR, §
261.33 (e) (acute hazardous waste).
(n) EPA ID Numbers.
(1) Generators. No LQG or SQG may transport
or offer for transportation any hazardous oil and gas waste until such
generator has obtained an EPA ID number by filing the prescribed form
(currently EPA Form 8700-12) with the commission.
(2) Transporters. No LQG or SQG may allow his
or her hazardous oil and gas waste to be transported by a transporter that does
not have an EPA ID number.
(3)
Treatment, Storage, or Disposal Facilities. Except in the case of facilities
specified in subsection (m)(2)(A)(iii), (vi), and (v) of this section, no LQG
or SQG may send his or her hazardous oil and gas waste to a treatment, storage,
or disposal facility unless that facility:
(A) is a designated facility as defined in
this section; and
(B) has an EPA ID
number.
(o)
Manifests.
(1) General Requirements.
(A) Except as provided in subsection
(o)(1)(E) of this section, each time an LQG or SQG transports hazardous oil and
gas waste or offers hazardous oil and gas waste for transportation to an
authorized facility, such generator must prepare a manifest form. If the waste
was generated in the State of Texas and is being transferred to an authorized
facility located within the State of Texas, the generator shall use the form
prescribed by the TCEQ. If the authorized facility is located outside the State
of Texas, the generator must refer to subsection (o)(2) of this section to
determine which manifest form to use.
(B) The generator must specify on the
manifest one authorized facility to handle the hazardous oil and gas waste
described on the manifest (the "primary designated facility").
(C) The generator may also specify on the
manifest one alternate authorized facility to handle the hazardous oil and gas
waste (the "alternate designated facility") in the event an emergency prevents
delivery of the hazardous oil and gas waste to the primary designated
facility.
(D) If the transporter is
unable to deliver the hazardous oil and gas waste to the primary designated
facility or the alternate designated facility, the generator must either
specify another authorized facility to which the hazardous oil and gas waste
can be delivered or instruct the transporter to return the hazardous oil and
gas waste to the generator. If the generator specifies another authorized
facility to which the hazardous oil and gas waste can be delivered, the
generator shall instruct the transporter to revise the manifest to show this
facility as the designated facility (see subsection (w)(6) of this section
relating to transporter's inability to deliver waste).
(E) An SQG is not required to comply with the
provisions of this subsection (relating to manifests) if:
(i) the SQG's hazardous oil and gas waste is
reclaimed under a contractual agreement (the "hazardous waste reclamation
agreement") pursuant to which:
(I) the type
of hazardous oil and gas waste and frequency of shipments are specified in the
agreement; and
(II) the vehicle
used to transport the hazardous oil and gas waste to the hazardous waste
reclamation facility and to deliver regenerated material back to the generator
is owned and operated by the hazardous waste reclamation facility;
(ii) the SQG maintains a copy of
the hazardous waste reclamation agreement in his or her files for a period of
at least three years after termination or expiration of the reclamation
agreement; and
(iii) the SQG
complies with the provisions of
40 CFR, §
268.7 (a)(10) (concerning land ban wastes
subject to tolling agreements) if the waste is determined to be prohibited from
land disposal under subsection (e)(2) of this section (relating to land ban
wastes).
(2)
Manifests Required for Out-of-State Domestic Shipments.
(A) If the hazardous oil and gas waste was
generated within the United States, but outside the State of Texas, and is
being transported to an authorized facility located within the State of Texas,
the generator must use the form prescribed by the TCEQ.
(B) If the hazardous oil and gas waste was
generated within the State of Texas and is being transported to an authorized
facility located within the United States but outside the State of Texas (the
"consignment state"), the manifest specified by the consignment state shall be
used. If the consignment state does not specify a particular manifest form for
use, then the generator shall use the form prescribed by the TCEQ.
(3) Number of Copies. The manifest
must consist of at least the number of copies that will provide the generator,
each transporter, and the owner or operator of the designated facility with one
copy each for their records and one additional copy to be returned to the
generator by the owner or operator of the designated facility to which the
waste was delivered (in accordance with the provisions of
40 CFR,
§264.71 and §
40 C.F.R.
265.71, or state equivalent).
(4) Use of the Manifest.
(A) The generator must:
(i) sign the manifest certification by
hand;
(ii) obtain the handwritten
signature of the initial transporter and date of acceptance of the shipment by
the initial transporter on the manifest;
(iii) retain one copy of the manifest signed
by the initial transporter until the copy signed by the operator of the
designated facility (in accordance with 40 Code of Federal Regulations
§264.71, §265.71, or state equivalent) is received;
(iv) give the transporter the remaining
copies of the manifest; and
(v)
obtain one copy of the manifest, signed by the owner or operator of the
designated facility that received the hazardous oil and gas waste, and retain
that copy for three years from the date the hazardous oil and gas waste was
accepted for shipment by the initial transporter.
(B) For shipments of hazardous oil and gas
waste within the United States solely by water (bulk shipments only), the
generator must send three copies of the manifest, dated and signed in
accordance with the provisions of paragraph (4)(A) of this subsection (relating
to use of the manifest), to either:
(i) the
owner or operator of the designated facility; or
(ii) if exported by water, the last water
transporter expected to handle the hazardous oil and gas waste in the United
States. Copies of the manifest are not required for each transporter.
(C) For rail shipments of
hazardous oil and gas waste within the United States that originate at the
generation site, the generator must send at least three copies of the manifest,
dated and signed in accordance with the provisions of paragraph (4)(A) of this
subsection (relating to use of the manifest), to:
(i) the next non-rail transporter, if
any;
(ii) the designated facility,
if transported solely by rail; or
(iii) if exported by rail, the last rail
transporter expected to handle the hazardous oil and gas waste in the United
States.
(D) For
shipments of hazardous oil and gas waste to a designated facility located
outside the State of Texas and in an authorized state that has not yet obtained
authorization from the EPA to regulate that particular waste as hazardous, the
generator must determine that the owner or operator of the designated facility
agrees to sign and return the manifest to the generator (in accordance with the
applicable provisions of
40 CFR,
§264.71 or §
40 C.F.R.
265.71), and that any out-of-state
transporter agrees to comply with the applicable requirements of subsection
(w)(4) of this section (relating to manifest requirements for
transporters).
(p) Packaging. Before transporting hazardous
oil and gas waste or offering hazardous oil and gas waste for transportation
off-site, an LQG or SQG must package the hazardous oil and gas waste in
accordance with the applicable DOT packaging regulations set out in 49 CFR,
Parts 173, 178, and 179.
(q)
Labeling. Before transporting hazardous oil and gas waste or offering hazardous
oil and gas waste for transportation off-site, LQGs and SQGs must label each
package that contains hazardous oil and gas waste in accordance with the
applicable DOT regulations set out in 49 CFR, Part 172.
(r) Marking.
(1) General. Before transporting hazardous
oil and gas waste or offering hazardous oil and gas waste for transportation
off-site, LQGs and SQGs must mark each package that contains hazardous oil and
gas waste in accordance with the applicable DOT regulations set out in 49 CFR,
Part 172.
(2) Non-Bulk Packaging.
Before transporting hazardous oil and gas waste or offering hazardous oil and
gas waste for transportation off-site, LQGs and SQGs must mark each package
that contains hazardous oil and gas waste and is of a size specified in
40 CFR, §
262.32 (b) (110 gallons or less), with the
following words and information. Such words and information must be displayed
in accordance with the applicable requirements of
49 C.F.R.
172.304. The generator must include his or
her name and address and the manifest document number in the appropriate space:
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found, contact the
nearest police or public safety authority or the U.S. Environmental Protection
Agency. Generator's Name and Address: ____________________ Manifest Document
Number: ________________________
(s) Placarding. Before transporting hazardous
oil and gas waste or offering hazardous oil and gas waste for transportation
off-site, LQGs and SQGs must placard the vehicle or vehicles used to transport
such hazardous oil and gas waste, or offer to the initial transporter the
appropriate placards. Appropriate placards shall be determined according to DOT
regulations set out in 49 CFR, Part 172, Subpart F.
(t) Recordkeeping.
(1) Waste Determination. Each LQG and SQG
shall keep records of any and all test results, waste analyses, or other
determinations made in accordance with subsection (e) of this section (relating
to hazardous waste determination), for at least three years from the date that
the waste was last sent to an authorized facility.
(2) Annual Reports. A copy of all reports
required in subsection (u)(1) of this section (relating to annual reports),
shall be retained by the generator for a period of at least three years from
the due date of the report.
(3)
Exception Reports. A copy of all reports required under subsection (u)(2) of
this section (relating to exception reports), shall be retained by the
generator for a period of at least three years from the due date of the
report.
(4) Inspection Reports. A
copy of each inspection report required under this section shall be retained by
the generator for a period of at least three years from the due date of the
report.
(5) Extension. The periods
of record retention specified in subsection (t)(1) - (4) of this section are
extended automatically during the course of any unresolved enforcement action
regarding the regulated activity or upon request by the commission.
(u) Reporting.
(1) Annual Reports. Any generator who is
classified as an LQG or SQG during any calendar month of a calendar year shall
prepare and submit a single copy of an annual report to the commission on the
annual reporting form prescribed by the commission, Form H-21. The report shall
be filed on or before the first day of March of the following calendar year and
shall be accompanied by the fee assessed under the provisions of subsection (z)
of this section. The annual report shall contain a certification signed by the
generator. The annual report shall cover activities occurring at the generation
site during the month(s) of the reporting year that the site was classified as
a small or large quantity generation site, and shall include the following
information:
(A) the name of the generator
followed by the generator's P-5 operator number in parentheses, the EPA ID
number for the generation site, and the address of the generation site or other
site-identifying information (such as the lease number, unit number, or T-4
number (in the case of pipelines));
(B) the calendar year covered by the
report;
(C) the name, EPA ID
number, if any, and address for each authorized facility within the United
States to which hazardous oil and gas waste was shipped during the
year;
(D) the name and EPA ID
number of each transporter used during the year for shipments to an authorized
facility within the United States;
(E) a description, EPA hazardous waste number
(from 40 CFR, Part 261, Subpart C or D), United States DOT hazard class, and
quantity of each hazardous oil and gas waste shipped to an authorized facility
within the United States. This information must be listed by the EPA ID number
of each facility to which hazardous oil and gas waste was shipped. If the waste
was shipped to an authorized facility that does not have an EPA ID number, the
type of facility (reclamation or recycling) must be designated on the
report;
(F) a description of the
efforts undertaken during the year to reduce the volume and toxicity of
hazardous oil and gas waste generated; and
(G) a description of the changes in volume
and toxicity of hazardous oil and gas waste actually achieved during the year
in comparison to previous years, to the extent such information is
available.
(2) Exception
Reports.
(A) An LQG who does not receive a
copy of the manifest with the handwritten signature of the owner or operator of
the designated facility within 35 days from the date the hazardous oil and gas
waste was accepted by the initial transporter for shipment must contact the
transporter and, if necessary, the owner or operator of the designated facility
to determine the status of the hazardous oil and gas waste shipment.
(B) An LQG must submit an exception report to
the commission if he or she has not received a copy of the manifest with the
handwritten signature of the owner or operator of the designated facility
within 45 days from the date the hazardous oil and gas waste was accepted by
the initial transporter for shipment. The exception report must include:
(i) a legible copy of the manifest for that
shipment of hazardous oil and gas waste for which the generator does not have
confirmation of delivery; and
(ii)
a letter signed by the generator explaining the efforts taken to locate the
hazardous oil and gas waste and the results of those efforts.
(C) An SQG who does not receive
confirmation of delivery of hazardous oil and gas waste by receipt of a copy of
the manifest with the handwritten signature of the owner or operator of the
designated facility within 60 days from the date the hazardous oil and gas
waste was accepted by the initial transporter for shipment, must submit to the
commission an exception report. The exception report must include:
(i) a legible copy of the manifest for which
the generator does not have confirmation of delivery; and
(ii) a notation, either typed or handwritten,
indicating that the generator has not received confirmation of delivery of the
shipment to the designated facility.
(D) In the case of interstate shipments of
hazardous oil and gas waste for which a manifest has not been returned within
45 days of acceptance of the hazardous oil and gas waste for shipment by the
initial transporter, an LQG or SQG shall notify the appropriate regulatory
agency of the state in which the designated facility is located, and the
appropriate regulatory agency of each state in which the shipment may have been
delivered, that the manifest has not been received. If a state required to be
notified under this section has not received interim or final authorization
pursuant to the RCRA, the LQG or SQG shall notify the administrator that the
manifest has not been returned.
(3) Additional Reporting. The commission may
require any generator of hazardous oil and gas waste to furnish additional
reports concerning the quantities and disposition of hazardous oil and gas
waste generated.
(v)
Additional Requirements Applicable to International Shipments.
(1) Exports.
(A) Any person who exports hazardous oil and
gas waste to a foreign country must comply with the requirements of 40 CFR,
Part 262, Subpart E.
(B) Primary
exporters of hazardous oil and gas waste generated within the State of Texas
must submit to the commission a copy of the annual report submitted to the
administrator in compliance with 40 CFR, §262.56.
(2) Imports. Any person who imports hazardous
oil and gas waste generated outside the United States into the State of Texas
shall be considered the generator of such hazardous oil and gas waste for the
purposes of this section. Such person must comply with the applicable
provisions of this section, except that:
(A)
the name and address of the foreign generator and the importer's name, address,
and EPA ID number shall be substituted on the manifest in place of the
generator's name, address, and EPA ID number;
(B) the importer or the importer's agent must
sign and date the certification and obtain the signature of the initial
transporter in place of the generator's certification statement on the
manifest; and
(C) the importer
shall use the manifest form prescribed by the TCEQ.
(w) Standards Applicable to
Transporters of Hazardous Oil and Gas Waste. The following standards apply to
persons who transport hazardous oil and gas waste generated by LQGs and SQGs.
The requirements of this subsection do not apply in the case of hazardous oil
and gas waste generated by CESQGs.
(1) Scope.
(A) This subsection establishes standards for
persons transporting hazardous oil and gas waste from the generation site to
any designated facility. The provisions of this section do not apply with
respect to on-site movements of hazardous oil and gas waste.
(B) In addition to the provisions of this
subsection, a transporter must comply with standards applicable to generators
of hazardous oil and gas waste if he or she mixes hazardous oil and gas wastes
of different DOT shipping descriptions by placing them into a single container.
If a transporter mixes a hazardous oil and gas waste with a hazardous waste
that is not considered a hazardous oil and gas waste, the transporter must
comply with the standards applicable to generators of hazardous wastes found at
Title 30, Texas Administrative Code, Chapter 335, Subchapter C (the TCEQ's
standards for generators of hazardous waste).
(2) Permits and EPA ID Numbers. No
transporter may transport hazardous oil and gas waste unless he or she has an
EPA ID number. The transporter may obtain an EPA ID number by filing the
prescribed form (currently EPA Form 8700-12) with the appropriate regulatory
entity (either EPA, TCEQ, the commission, or another state).
(3) Transfer Facility Requirements. No
transporter may store manifested hazardous oil and gas waste at a transfer
facility for any period of time unless:
(A)
the hazardous oil and gas waste is packaged in containers that meet the
requirements of subsection (p) of this section (relating to packaging);
and
(B) the hazardous oil and gas
waste is stored at the transfer facility for no longer than ten days.
(4) Manifest Requirements.
(A) A transporter may not accept hazardous
oil and gas waste for shipment from a generator unless it is accompanied by a
manifest signed in accordance with the provisions of subsection (o)(4) of this
section (relating to use of the manifest).
(B) Before transporting hazardous oil and gas
waste, the transporter must sign and date the manifest acknowledging acceptance
of the hazardous oil and gas waste from the generator. The transporter must
return a signed copy of the manifest to the generator before leaving the
generation site.
(C) The
transporter must ensure that the manifest accompanies the shipment of hazardous
oil and gas waste. In the case of exports, the transporter must ensure that a
copy of the EPA Acknowledgment of Consent is attached to the
manifest.
(D) A transporter may not
accept hazardous oil and gas waste for export from a primary exporter or other
person if:
(i) the transporter knows that the
shipment does not conform to the EPA Acknowledgment of Consent; or
(ii) except in the case of shipments by rail,
an EPA Acknowledgment of Consent is not attached to the manifest (or shipping
paper in the case of exports by water (bulk shipment)).
(E) A transporter who delivers a hazardous
oil and gas waste to another transporter or to the designated facility must:
(i) obtain the date of delivery and the
handwritten signature of the other transporter or of the owner or operator of
the designated facility on the manifest;
(ii) retain one copy of the manifest in
accordance with the provisions of subsection (w)(7) of this section (relating
to recordkeeping); and
(iii) give
the remaining copies of the manifest to the accepting transporter or owner or
operator of the designated facility.
(F) The requirements of subsection (w)(4)(C),
(D), (E), and (G) of this section do not apply to water (bulk shipment)
transporters if:
(i) the hazardous oil and
gas waste is delivered by water (bulk shipment) to the designated
facility;
(ii) a shipping paper
containing all the information required on the manifest (excluding the EPA ID
numbers, generator certification, and signatures) and, for exports, an EPA
Acknowledgment of Consent, accompanies the hazardous oil and gas
waste;
(iii) the delivering
transporter obtains the date of delivery and handwritten signature of the owner
or operator of the designated facility on either the manifest or the shipping
paper;
(iv) the person delivering
the hazardous oil and gas waste to the initial water (bulk shipment)
transporter obtains the date of delivery and signature of the water (bulk
shipment) transporter on the manifest and forwards it to the designated
facility; and
(v) a copy of the
shipping paper or manifest is retained by each water (bulk shipment)
transporter in accordance with the provisions of subsection (w)(7) of this
section (relating to recordkeeping).
(G) For shipments involving rail
transportation, the requirements of subsection (w)(4)(C), (D), (E), and (F) of
this section do not apply and the following requirements do apply:
(i) when accepting hazardous oil and gas
waste from a non-rail transporter, the initial rail transporter must:
(I) sign and date the manifest acknowledging
acceptance of the hazardous oil and gas waste;
(II) return a signed copy of the manifest to
the non-rail transporter;
(III)
forward at least three copies of the manifest to:
(-a-) the next non-rail transporter, if
any;
(-b-) the designated facility,
if the shipment is delivered to that facility by rail; or
(-c-) the last rail transporter designated to
handle the hazardous oil and gas waste in the United States; and
(IV) retain one copy of the
manifest and rail shipping paper in accordance with the provisions of
subsection (w)(7) of this section (relating to recordkeeping);
(ii) rail transporters must ensure
that a shipping paper containing all the information required on the manifest
(excluding the EPA ID numbers, generator certification, and signatures) and,
for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil
and gas waste at all times;
(iii)
when delivering hazardous oil and gas waste to the designated facility, a rail
transporter must:
(I) obtain the date of
delivery and handwritten signature of the owner or operator of the designated
facility on the manifest or the shipping paper (if the manifest has not been
received by the facility); and
(II)
retain a copy of the manifest or signed shipping paper in accordance with the
provisions of subsection (w)(7) of this section (relating to
recordkeeping);
(iv)
when delivering hazardous oil and gas waste to a non-rail transporter, a rail
transporter must:
(I) obtain the date of
delivery and the handwritten signature of the next non-rail transporter on the
manifest; and
(II) retain a copy of
the manifest in accordance with the provisions of subsection (w)(7) of this
section (relating to recordkeeping);
(v) before accepting hazardous oil and gas
waste from a rail transporter, a non-rail transporter must sign and date the
manifest and provide a copy to the rail transporter.
(H) Transporters who transport hazardous oil
and gas waste out of the United States must:
(i) indicate on the manifest the date the
hazardous oil and gas waste left the United States;
(ii) sign the manifest and retain one copy in
accordance with the provisions of subsection (v)(1) of this section;
(iii) return a signed copy of the manifest to
the generator; and
(iv) give a copy
of the manifest to a United States customs official at the point of departure
from the United States.
(I) A transporter accepting hazardous oil and
gas waste for shipment from an SQG need not comply with the requirements of
subsection (w)(4) and (7) of this section provided that:
(i) the hazardous oil and gas waste is being
transported pursuant to a reclamation agreement that meets the requirements of
subsection (o)(1)(E) of this section;
(ii) the transporter records, on a log or
shipping paper, the following information for each shipment:
(I) the name, address, and EPA ID number of
the generator of the hazardous oil and gas waste;
(II) the quantity of hazardous oil and gas
waste accepted;
(III) all DOT
required shipping information;
(IV)
the date the hazardous oil and gas waste is accepted;
(iii) the transporter carries this record
when transporting the hazardous oil and gas waste to the reclamation facility;
and
(iv) the transporter retains
these records for a period of at least three years after termination or
expiration of the agreement.
(5) Delivery of Waste. The transporter must
deliver the entire quantity of hazardous oil and gas waste accepted from a
generator or a transporter to:
(A) the
primary designated facility;
(B)
the alternate designated facility, if the hazardous oil and gas waste cannot be
delivered to the primary designated facility because an emergency prevents
delivery;
(C) the next designated
transporter; or
(D) for exports,
the location designated in the EPA Acknowledgment of Consent.
(6) Inability to Deliver Waste. If
the hazardous oil and gas waste cannot be delivered as provided in subsection
(w)(5) of this section the transporter must contact the generator for further
directions and must revise the manifest according to the generator's
instructions.
(7) Recordkeeping.
(A) A transporter of hazardous oil and gas
waste must keep a copy of the manifest signed by the generator, himself or
herself, and the next transporter or the owner or operator of the designated
facility for a period of three years from the date the hazardous oil and gas
waste was accepted by the initial transporter.
(B) For shipments delivered to the designated
facility by water (bulk shipment), each water (bulk shipment) transporter must
retain a copy of the shipping paper containing all the information required in
40 CFR, §
263.20 (e)(2) for a period of three years
from the date the hazardous oil and gas waste was accepted by the initial
transporter.
(C) For shipments of
hazardous oil and gas waste by rail within the United States:
(i) the initial rail transporter must keep a
copy of the manifest and shipping paper with all the information required in
40 CFR, §
263.20 (f)(2) for a period of three years
from the date the hazardous oil and gas waste was accepted by the initial
transporter; and
(ii) the final
rail transporter must keep a copy of the signed manifest (or the shipping paper
if signed by the designated facility in lieu of the manifest) for a period of
three years from the date the hazardous oil and gas waste was accepted by the
initial transporter.
(D)
A transporter who transports hazardous oil and gas waste out of the United
States must keep, for a period of three years from the date the hazardous oil
and gas waste was accepted by the initial transporter, a copy of the manifest
indicating that the hazardous oil and gas waste left the United
States.
(E) The periods of
retention referred to in subsection (w)(7) of this section are extended
automatically during the course of any unresolved enforcement action regarding
the regulated activity or upon request by the commission.
(x) Discharges.
(1) Reporting Requirements.
(A) Commission. A person subject to
regulation under this section shall immediately notify the commission upon
discovery of any discharge in which a reportable quantity of a hazardous oil
and gas waste is discharged. Such notification shall be made by contacting the
appropriate commission district office.
(2) Initial Response.
(A) Immediate Action. Upon discovery of a
discharge of hazardous oil and gas waste, the generator or transporter must
take appropriate immediate action to protect human health and the environment
(e.g., notify local authorities, where appropriate, and dike the discharge
area).
(B) Permitting Exemption.
The prohibition of on-site treatment, storage, disposal, recycling, or
reclamation activities in subsection (m)(1) of this section does not apply to
activities performed by a person engaged in treatment or containment activities
during immediate response to a discharge of hazardous oil and gas waste; an
imminent and substantial threat of a discharge of hazardous oil and gas waste;
or a discharge of a substance which, when discharged, would become a hazardous
oil and gas waste, provided that:
(i) any
hazardous oil and gas waste associated with such discharge is managed in
accordance with applicable provisions of subsections (h) (relating to
preparedness and prevention), (i) (relating to personnel training), (k)
(relating to standards for use of containers), and (l) (standards for use of
tank systems) of this section; and
(ii) the applicable discharge reporting
requirements of subsection (x) of this section are complied with.
(C) Continued Measures. The
provisions of subparagraph (B) of this paragraph do not apply to activities
that continue or are initiated after the immediate response is over. Such
activities are subject to all applicable requirements of this
section.
(3) Discharge
Clean Up.
(A) The generator or transporter
shall recover as much as of the spilled material as can be recovered by
ordinary physical means as soon as possible after discovery of the
spill.
(B) The generator or
transporter shall clean up the site at which the discharge occurred to
background levels as soon as reasonably possible. As an alternative to clean-up
to background levels, the generator or transporter must take such action as may
be required or approved by the commission so that the hazardous oil and gas
waste discharge no longer presents a hazard to human health or the environment,
taking into consideration the geology and hydrology of the discharge site, the
nature and quantity of the hazardous oil and gas waste discharged, and the
present and anticipated future use of the discharge site.
(C) If an official (state or local government
or a federal agency) acting within the scope of his or her official
responsibilities determines that immediate removal of the hazardous oil and gas
waste associated with a discharge is necessary to protect human health or the
environment, that official may authorize the removal of the hazardous oil and
gas waste by transporters who do not have EPA ID numbers and without the
preparation of a manifest.
(y) Emergency Permits.
(1) General. Notwithstanding any other
provision of this section, the commission may authorize by emergency permit the
treatment, storage, or disposal of hazardous oil and gas waste where the
commission finds that a discharge of hazardous oil and gas waste poses a danger
to life or property.
(2)
Requirements. An emergency permit:
(A) may be
oral or written. If oral, a written permit must be issued within five days of
issuance of the oral permit;
(B)
shall have a term of not more than 90 days;
(C) shall clearly specify the manner and
location of authorized treatment, storage, and disposal activities;
(D) may be terminated by the commission
without notice if the commission determines that termination is appropriate to
protect human health and the environment;
(E) shall incorporate, to the extent possible
and not inconsistent with the emergency situation, all applicable requirements
of 40 CFR, Parts 264, 266, and 270; and
(F) shall be accompanied by a public notice
published in a daily or local newspaper of general circulation in the area
affected by the activity and broadcast over local radio stations. The notice
shall include:
(i) the name and address of
the office granting the emergency authorization;
(ii) the name and location at which the
permitted activities will take place;
(iii) a brief description of the hazardous
oil and gas wastes involved;
(iv) a
brief description of the actions authorized and reasons for authorization of
such actions; and
(v) the duration
of the emergency permit.
(z) Fees.
(1) Base fee.
(A) Except as provided in subparagraph (B) of
this paragraph:
(i) each generator who is
classified as an LQG during any calendar month of a calendar year shall pay to
the commission a base annual fee for generation of hazardous oil and gas waste
of $1,000;
(ii) each generator who
is not classified as an LQG during any calendar month of a calendar year, but
is classified as an SQG during a calendar month of that calendar year, shall
pay to the commission a base annual fee for generation of hazardous oil and gas
waste of $200; and
(iii) no annual
fee for generation of hazardous oil and gas waste shall be assessed against a
generator who is classified as a CESQG during all months of the entire calendar
year in which he or she generates hazardous oil and gas waste.
(B) For purposes of determining
the base fee as provided in subparagraph (A) of this paragraph, generator
classification shall be determined after excluding quantities of hazardous oil
and gas waste generated in connection with a spill or discharge, including
contaminated soil, media, and debris, if, within 30 days after discovery of
such spill or discharge, the generator files a one-page typewritten report with
the commission that describes:
(i) the nature
and quantity of spilled or discharged material;
(ii) the reason for or cause of the spill or
discharge; and
(iii) the steps that
have been or will be taken by the generator to minimize the likelihood of a
similar spill or discharge at that site.
(2) Additional fee. The base annual fee
determined according to the provisions of paragraph (1) of this subsection
shall be doubled if less than 50% of the hazardous oil and gas wastes generated
at the site during the entire calendar year are recycled, reused or reclaimed.
For purposes of calculating the percentage of hazardous oil and gas wastes that
are recycled, reused, or reclaimed, hazardous oil and gas wastes excluded from
regulation under this section by the provisions of subsection (e)(3)(B)(i) -
(iii) of this section (relating to exclusions and exemptions from hazardous oil
and gas waste classification) and subsection (m)(2)(B) of this section
(relating to elementary neutralization units, totally enclosed treatment
facilities, and wastewater treatment units) shall be included in the quantity
of hazardous oil and gas waste recycled, reused, or reclaimed. The wastes
excluded from regulation under this section under the provisions of subsections
(e)(3)(B)(i) - (iii) and (m)(2)(B) of this section shall not be included when
calculating the quantity of waste generated for purposes of determining
generator classification.
(3) Fee
payment. The base fee and any additional fee assessed under this subsection
shall be paid to the commission on or before the first day of March of the year
following the calendar year in which the waste was generated. Fees assessed
under this subsection shall be tendered to the commission with the annual
report (see subsection (u)(1) of this section).
(aa) Penalties. A person subject to
regulation under this section is subject to the penalties prescribed in the
Texas Natural Resources Code if such person does not comply with the
requirements of this section.
(bb)
Federal Regulations. All references to the Code of Federal Regulations (CFR) in
this section are references to the 1994 edition of the Code, as amended through
November 7, 1995. The following federal regulations are adopted by reference
and copies can be obtained at the William B. Travis Building, 1701 North
Congress, Austin, Texas 78711: 40 CFR, Parts 116, 117, 124, 264, 266, 268, 270,
271, 279, and 302; 40 CFR, Part 261, Subparts A, C, and D; 40 CFR, Part 262,
Subparts B and E; 40 CFR, Part 265, Subparts C, D, I, and J (except
§265.197(c) and §265.200);
40
CFR, §§260.21,
40
C.F.R. 260.22, 262.34(d)(5),
40 C.F.R.
265.16,
40 C.F.R.
265.111,
40
C.F.R. 265.114, and
40 C.F.R.
265.201; 49 CFR, Parts 172, 173, 178, and
179; and
49 CFR,
§171.15 and §
49 C.F.R.
171.16. Words and terms used in the federal
regulations adopted by reference shall have the meanings given in the federal
regulations adopted by reference or in
40 CFR,
§260.10, unless otherwise specified.
Where the term "State Director" is applicable in the federal regulations
adopted by reference, it should be interpreted to mean "commission."
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.