30 Tex. Admin. Code § 335.112 - Standards
(a) The following
regulations contained in 40 Code of Federal Regulations (CFR) Part 265
(including all appendices to 40 CFR Part 265) (except as otherwise specified in
this section) are adopted by reference as amended in the Federal
Register through June 1, 1990 (55 FR 22685) and as further amended as
indicated in each paragraph of this subsection:
(1) Subpart B - General Facility Standards
(as amended in the Federal Register through November 28, 2016
(81 FR 85732) );
(2) Subpart C -
Preparedness and Prevention;
(3)
Subpart D - Contingency Plan and Emergency Procedures (as amended in the
Federal Register through March 18, 2010 (75 FR 12989)), except
40 CFR §
265.56(d);
(4) Subpart E - Manifest System,
Recordkeeping, and Reporting (as amended in the Federal
Register through January 3, 2018 (83 FR 420) ), except
40 CFR §
265.76 and §
265.77;
(5) Subpart F - Groundwater Monitoring (as
amended in the Federal Register through April 4, 2006 (71 FR
16862)), except
40
CFR §
265.90 and §
265.94;
(6) Subpart G - Closure and Post-Closure (as
amended in the Federal Register through July 14, 2006 (71 FR
40254)); except
40 CFR §
265.112(d)(3) and (4) and
§
265.118(e)
and (f);
(7) Subpart H - Financial Requirements (as
amended in the Federal Register through September 16, 1992 (57
FR 42832)); except
40
CFR §§
265.140,
265.141,
265.142(a)(2), (b) and
(c),
265.143(a) -
(g),
265.144(b) and
(c),
265.145(a)
- (g),
265.146,
265.147(a) - (d), and (f) -
(k), and
265.148
-
265.150;
(8) Subpart I - Use and Management of
Containers (as amended in the Federal Register through
November 28, 2016 (81 FR 85732) );
(9) Subpart J - Tank Systems (as amended in
the Federal Register through November 28, 2016 (81 FR 85732)
);
(10) Subpart K - Surface
Impoundments (as amended in the Federal Register through July
14, 2006 (71 FR 40254));
(11)
Subpart L - Waste Piles (as amended in the Federal Register
through July 14, 2006 (71 FR 40254)), except
40
CFR §
265.253;
(12) Subpart M - Land Treatment (as amended
in the Federal Register through July 14, 2006 (71 FR 40254))
except,
40 CFR §§
265.272,
265.279, and
265.280;
(13) Subpart N - Landfills (as amended in the
Federal Register through March 18, 2010 (75 FR 12989)), except
40 CFR §§
265.301(f) - (i),
265.314,
and
265.315;
(14) Subpart O - Incinerators (as amended in
the Federal Register through October 12, 2005 (70 FR
59402));
(15) Subpart P - Thermal
Treatment (as amended in the Federal Register through July 17,
1991 (56 FR 32692));
(16) Subpart Q
- Chemical, Physical, and Biological Treatment (as amended in the
Federal Register through July 14, 2006 (71 FR
40254));
(17) Subpart R -
Underground Injection;
(18) Subpart
W - Drip Pads (as amended in the Federal Register through July
14, 2006 (71 FR 40254));
(19)
Subpart AA - Air Emission Standards for Process Vents (as amended in the
Federal Register through November 28, 2016 (81 FR 85732)
);
(20) Subpart BB - Air Emission
Standards for Equipment Leaks (as amended in the Federal
Register through November 28, 2016 (81 FR 85732) );
(21) Subpart CC - Air Emission Standards for
Tanks, Surface Impoundments, and Containers (as amended in the Federal
Register through January 3, 2018 (83 FR 420) );
(22) Subpart DD - Containment Buildings (as
amended in the Federal Register through November 28, 2016 (81
FR 85732) );
(23) Subpart EE -
Hazardous Waste Munitions and Explosives Storage (as amended in the
Federal Register through February 12, 1997 (62 FR
6622));
(24) Subpart FF - Fees for
the Electronic Hazardous Waste Manifest Program (as amended in the
Federal Register through January 3, 2018 (83 FR 420);
and
(25) the following appendices
contained in 40 CFR Part 265:
(A) Appendix I -
Recordkeeping Instructions (as amended in the Federal Register
through March 24, 1994 (59 FR 13891));
(B) Appendix III - EPA Interim Primary
Drinking Water Standards;
(C)
Appendix IV - Tests for Significance;
(D) Appendix V - Examples of Potentially
Incompatible Waste; and
(E)
Appendix VI - Compounds With Henry's Law Constant Less Than 0.1 Y/X.
(b) Except in
40 CFR §
265.71 adopted under subsection (a)(4) of
this section and 40 CFR Part 265, Subpart FF adopted under subsection (a)(24)
of this section, the regulations of the United States Environmental Protection
Agency (EPA) that are adopted by reference in this section are adopted subject
to the following changes.
(1) The term
"regional administrator" is changed to the "executive director" of the Texas
Commission on Environmental Quality or to the commission, consistent with the
organization of the commission as set out in Texas Water Code, Chapter 5,
Subchapter B.
(2) The term
"treatment" is changed to "processing."
(3) Reference to Resource Conservation and
Recovery Act, §3008(h) is changed to Texas Water Code, §
7.031(c)
- (e) (Corrective Action Relating to
Hazardous Waste).
(4) Reference to:
(B)
40
CFR §
264.90 is changed to §
335.156
of this title (relating to Applicability of Groundwater Monitoring and
Response);
(C)
40 CFR §
264.101 is changed to §
335.167
of this title (relating to Corrective Action for Solid Waste Management
Units);
(D)
40 CFR §
264.310 is changed to §
335.174
of this title (relating to Closure and Post-Closure Care
(Landfills));
(E)
40 CFR §
265.1 is changed to §
335.111
of this title (relating to Purpose, Scope, and Applicability);
(F)
40
CFR §
265.90 is changed to §
335.116
of this title (relating to Applicability of Groundwater Monitoring
Requirements);
(G)
40 CFR §
265.94 is changed to §
335.117
of this title (relating to Recordkeeping and Reporting);
(H)
40 CFR
§
265.314 is changed to §
335.125
of this title (relating to Special Requirements for Bulk and Containerized
Waste);
(J)
40 CFR
§
270.28 is changed to §
305.50
of this title (relating to Additional Requirements for an Application for a
Hazardous or Industrial Solid Waste Permit and for a Post-Closure
Order);
(L)
40 CFR §
270.42 is changed to §
305.69
of this title (relating to Solid Waste Permit Modification at the Request of
the Permittee); and
(M) Qualified
professional engineer is changed to Texas licensed professional
engineer.
(5)40 CFR
Parts 260 - 270 means the commission's rules including, but not limited to,
Chapters 50, 305, and 335 of this title (relating to Action on Applications and
Other Authorizations; Consolidated Permits; and Industrial Solid Waste and
Municipal Hazardous Waste), as applicable.
(6) Reference to 40 CFR Part 265, Subpart D
(Contingency Plan and Emergency Procedures) is changed to § 335.112(a)(3)
of this title (relating to Standards) and §
335.113
of this title (relating to Reporting of Emergency Situations by Emergency
Coordinator).
(7) References to
40 CFR §
265.76 and §
265.77 are
changed to §
335.15(3)
of this title (relating to Recordkeeping and Reporting Requirements Applicable
to Owners or Operators of Treatment, Storage, or Disposal Facilities), and
§
335.115 of
this title (relating to Additional Reports), respectively.
(8) Reference to 40 CFR Part 264 , Subpart F
is changed to §
335.156
of this title, §
335.157 of this
title (relating to Required Programs), §
335.158
of this title (relating to Groundwater Protection Standard), §
335.159 of
this title (relating to Hazardous Constituents), §
335.160 of
this title (relating to Concentration Limits), §
335.161 of
this title (relating to Point of Compliance), §
335.162 of this
title (relating to Compliance Period), §
335.163
of this title (relating to General Groundwater Monitoring Requirements), §
335.164
of this title (relating to Detection Monitoring Program), §
335.165
of this title (relating to Compliance Monitoring Program), §
335.166
of this title (relating to Corrective Action Program), and §
335.167
of this title.
(9) Reference to 40
CFR Part 265, Subpart F is changed to include §
335.116
and §
335.117
of this title, in addition to the reference to 40 CFR Part 265 , Subpart F,
except §265.90 and §265.94.
(10) Reference to the EPA is changed to the
Texas Commission on Environmental Quality.
Notes
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