PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the <nl> code. [Brackets] indicate deletion of existing material 
within a section.

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 33.Early and Periodic Screening, Diagnosis, and Treatment Subject to the 
approval of the State Medicaid Director, the Texas Department of Health 
(department) proposes an amendment to sec.33.140; and new sec.sec.33.601-33.609, 
concerning providers of durable medical equipment (DME), outpatient 
rehabilitation facilities, and private duty nursing services covered by the 
Early and Periodic Screening, Diagnosis, and Treatment Comprehensive Care 
Program (EPSDT-CCP). Specifically, the amendment to sec.33.140(5) will require 
DME providers in EPSDT-CCP to certify that the recipient has received the 
equipment as prescribed by the physician; that the equipment has been properly 
fitted for the recipient, and/or meets the recipient's needs; and that the 
recipient, or the parent or guardian of the recipient, has received training for 
the use and maintenance of the equipment. The amendment to sec.33.140(15) 
removes "outpatient rehabilitation facilities" as EPSDT-CCP providers to ensure 
consistency with terminology used by the federal Health Care Financing 
Administration.
The new Subchapter K, which contains sec.sec.33.601-33.609, will establish and 
standardize the department's policies for providing private duty nursing 
services to EPSDT-CCP clients. The new sections provide for definitions, client 
eligibility criteria, medical necessity criteria, benefits and limitations, plan 
of care, termination of private duty nursing services, and place of service for 
private duty nursing services. 
Mr. Joe Moritz, Chief, Bureau of Budget and Support Services, and Ms. Lesa Ross 
Brown, Acting Division Director, Financial Management Division, have determined 
that for the first five-year period the sections are in effect, there will be no 
fiscal implications as a result of enforcing or administering the amendments to 
sec.33.140(5) and sec.33.140(15) or new sec.sec.33.601-609 as proposed. Mr. 
Moritz and Ms. Brown have also determined there will be no fiscal impact on 
state government as a result of enforcing or administering the amendment and new 
sections as proposed. There will be no fiscal implications for local 
governments. 
Mr. Moritz and Ms. Brown have also determined that for each year of the first 
five-year period the sections are in effect, the public benefit anticipated as a 
result of enforcing the sections will be clarification of department policies 
for clients and providers. Mr. Moritz and Ms. Brown have determined that 
amending sec.33.140(5) and sec.33.140(15), and adding new sec.sec.33.601-33.609 
will not affect small businesses or impose economic costs on persons required to 
comply with the sections as proposed. There is no anticipated impact on local 
employment as a result of the proposed amendment and new sections.
Comments on the proposal may be submitted to Susan C. Penfield, M.D., Director, 
Children with Special Health Care Needs Planning and Policy Development 
Division, Bureau of Children's Health, Texas Department of Health, 1100 West 
49th Street, Austin, Texas, 78756, (512) 458-7111, extension 3104. Comments will 
be accepted for 60 days following publication of this proposal in the Texas 
Register. In addition, a public hearing on the proposed sections will be held at 
10:00 a.m., Friday, July 17, 1998, in the Texas Department of Health Auditorium, 
Room K-100, 1100 West 49th Street, Austin, Texas.
SUBCHAPTER E.Medical Phase
25 TAC sec.33.140
The amendment is proposed under the Human Resources Code, sec.32.021 and 
Government Code, sec.531.021, which authorize the Health and Human Services 
Commission to adopt rules to administer the state's medical assistance program 
and are submitted by the Texas Department of Health under its agreement with the 
Health and Human Services Commission to operate the purchased health services 
program as authorized under Chapter 15, sec.1.07, Acts of the 72nd Legislature, 
First Called Session (1991). 
The amendment affects the Health and Safety Code, Chapter 33.

sec.33.140.Early and Periodic Screening, Diagnosis and Treatment--Comprehensive 
Care Program Providers (EPSDT-CCP).
The following are approved EPSDT-CCP provider types and the approved Texas 
Medical Assistance (Medicaid) Program reimbursement methodology for each 
provider type.
(1)-(4) (No change.) 
(5) Reimbursement for durable medical equipment. 
(A) Direct vendor payments. The department or its designee makes direct vendor 
payments to providers of durable medical equipment participating in the Medicaid 
program. Participating providers are reimbursed within the limits of the maximum 
allowable fee schedule established by the department. The maximum allowable fee 
schedule for durable medical equipment is based on the lesser of the following: 
(i) the billed amount; [or] 
(ii) the Medicare fee schedule, as defined in subparagraph
(B)(ii) of this paragraph; [or] 
(iii)-(iv) (No change.) 
(B) (No change.) 
<nl>(C)<ol> <nl>Providers of durable medical equipment to EPSDT-CCP recipients 
must sign the Texas Department of Health (department) Certification and Receipt 
prior to submitting any claim for payment for durable medical equipment. The 
durable medical equipment provider must maintain the durable medical equipment 
Certification and Receipt in the provider's office and must produce it upon 
request by the department or its designee. The signature of the durable medical 
equipment provider certifies that: <ol>
<nl>(i)<ol> the recipient has received the equipment as prescribed by the 
physician; 
<nl>(ii)<ol> <nl> the equipment has been properly fitted to the recipient and/or 
meets the recipient's needs; and <ol> 
<nl>(iii)<ol> <nl>the recipient, or the parent or guardian of the recipient, has 
received training and instruction regarding the equipment's proper use and 
maintenance. <ol> 
<nl>(D)<ol> [(C)] Ventilator service agreements. If the Medicaid client 
currently owns a ventilator, the department may provide reimbursement for a 
service agreement, in accordance with the department's policy, and at the lesser 
of the billed amount or a fee schedule developed by the department. 
(6)-(14) (No change.) 
(15) Comprehensive outpatient rehabilitation facility[/outpatient rehabilitation 
facility]. A comprehensive outpatient rehabilitation facility [or outpatient 
rehabilitation facility] must be enrolled and participating in Medicare. The 
department or its designee will reimburse comprehensive outpatient 
rehabilitation facilities [and outpatient rehabilitation facilities] according 
to Medicare reimbursement methodology. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 5, 1998.
TRD-9809061
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER K.Private Duty Nursing
25 TAC sec.sec.33.601-33.609
The new sections are proposed under the Human Resources Code, sec.32.021 and 
Government Code, sec.531.021, which authorize the Health and Human Services 
Commission to adopt rules to administer the state's medical assistance program 
and are submitted by the Texas Department of Health under its agreement with the 
Health and Human Services Commission to operate the purchased health services 
program as authorized under Chapter 15, sec.1.07, Acts of the 72nd Legislature, 
First Called Session (1991). 
The new sections affect the Health and Safety Code, Chapter 33. 

sec.33.601.Purpose.
The purpose of this subchapter is to establish rules for private duty nursing 
services as a benefit in the Early and Periodic Screening, Diagnosis and 
Treatment Comprehensive Care Program (EPSDT-CCP). In Texas, EPSDT-CCP is called 
the Texas Health Steps Comprehensive Care Program (THSteps-CCP). 

sec.33.602.Definitions.
The following words and terms when used in this subchapter shall have the 
following meanings, unless the context clearly indicates otherwise.
(1) Alternate care giver - An individual identified by the primary care giver 
who agrees to be trained and to maintain the skills necessary to provide care 
competently for the client when the primary care giver is unable to do so. An 
alternate care giver living with the client is not eligible for Medicaid (Title 
XIX) reimbursement for rendering care to the client. 
(2) Client - An individual who is eligible to receive private duty nursing 
services under THSteps-CCP from a provider enrolled in the Texas Medicaid 
program. 
(3) Continuous - Ongoing throughout a 24-hour period. 
(4) Department - The Texas Department of Health. 
(5) Dependent on technology - Requiring medical devices to compensate for the 
loss or impairment of a vital body function. 
(6) Early and Periodic Screening, Diagnosis and Treatment Comprehensive Care 
Program (EPSDT-CCP) - A mandatory Medicaid program for persons under 21 years of 
age who meet certain economic eligibility criteria. In Texas EPSDT-CCP is called 
the Texas Health Steps Comprehensive Care Program (THSteps-CCP). 
(7) Home health agency - A public or private agency or organization licensed by 
the department under Chapter 115 of this title (relating to Home and Community 
Support Services Agencies) to provide licensed home health services. The 
specific license under which the agency is providing services to Medicaid 
clients must also be Medicare certified. 
(8) Individualized comprehensive case management - A structured process by which 
the orderly provision of services and supports intended to facilitate individual 
well-being and functioning is planned by a provider other than the service 
provider. 
(9) Plan of care - A written regimen established and periodically reviewed by a 
physician in consultation with the home health agency staff or an enrolled 
independently practicing nurse provider which meets the plan of care standards 
at sec.33.607 of this title (relating to Plan of Care). 
(10) Primary care giver - An individual(s) who has agreed to accept the 
responsibility for a client's routine daily care and the provision of food, 
shelter, clothing, health care, education, nurturing, and supervision. Primary 
care givers may include but are not limited to parents, foster parents, 
guardians, or other family members by birth or marriage. A primary care giver 
provides daily uncompensated care for the client, and participates in the 
development and implementation of the client's plan of care. The primary care 
giver or other person living with the client is not eligible for Medicaid (Title 
XIX) reimbursement for rendering care to the client. 
(11) Primary physician - A doctor of medicine or doctor of osteopathy (MD or DO) 
legally authorized to practice medicine or osteopathy at the time and place the 
service is provided, who in addition provides continuing medical care of the 
client and continuing medical supervision of the client's plan of care. 
(12) Private duty nursing - Skilled nursing reimbursed hourly for clients who 
meet the THSteps-CCP medical necessity criteria and who require individualized, 
continuous skilled care beyond the level of skilled nursing visits normally 
authorized under sec.sec.29.301-29.307 of this title (relating to Medicaid Home 
Health Program). Skilled nursing services are provided by a registered nurse or 
licensed vocational nurse through a licensed and certified home health agency, 
by a registered nurse enrolled as an independent provider, or by a licensed 
vocational nurse enrolled as an independent provider in the Texas Medicaid 
Program. 
(13) Provider - A home health agency enrolled in the Texas Medicaid Program as a 
licensed and certified home and community support services agency or an 
independently practicing registered nurse or licensed vocational nurse enrolled 
in the Texas Medicaid Program. 
(14) Respite - Services provided for the purpose of relief to the primary care 
giver. 
(15) Skilled nursing - Services provided by a registered nurse as authorized by 
the Texas Nursing Practice Act, Texas Civil Statutes, Article 4513 et seq., or 
by a licensed vocational nurse as authorized by the Vocational Nurse Act, Texas 
Civil Statutes, Article 4528c. 
(16) Stable and predictable - A situation in which the client's clinical and 
behavioral status and nursing care needs are non-fluctuating and consistent, 
including settings where the client's deteriorating condition is expected. 
(17) Texas Health Steps Comprehensive Care Program (THSteps-CCP) - A federal 
program known as EPSDT which is required of states by Medicaid for children 
under 21 years of age who meet certain economic criteria for eligibility. See 
definition for Early and Periodic Screening, Diagnosis, and Treatment 
Comprehensive Care Program (EPSDT-CCP). 

sec.33.603.Provider Participation Requirements.
(a) Home health agencies. To participate in THSteps-CCP, a home health agency 
must: 
(1) comply with provider participation requirements in sec.29.302(a) of this 
title (relating to Provider Participation Requirements); 
(2) comply with Family Code, Chapter 261, and Human Resources Code, Chapter 48, 
concerning mandatory reporting of suspected abuse and neglect of children and 
adults with disabilities; and 
(3) maintain written policies and procedures for obtaining consent for medical 
treatment for clients in the absence of the primary care giver that meet the 
standards of Family Code, sec.32.001. 
(b) Independently practicing registered nurses. To participate in THSteps-CCP, 
an independently practicing registered nurse must: 
(1) hold a valid license from the Board of Nurse Examiners for the State of 
Texas to practice as a registered nurse; 
(2) be enrolled and approved for participation in the Texas Medicaid Program; 
(3) comply with the terms of the Texas Medicaid Provider Agreement; 
(4) agree to provide services in compliance with all applicable federal, state, 
and local laws and regulations, including the Texas Nurse Practice Act; 
(5) comply with all state and federal regulations and rules relating to the 
Texas Medicaid Program; 
(6) comply with the requirements of the Texas Medicaid Provider Procedures 
Manual; including all updates and revisions published bimonthly in the Texas 
Medicaid Bulletin; and all handbooks, standards, and guidelines published by the 
department; 
(7) comply with accepted professional standards and principles of nursing 
practice; 
(8) provide at least 30 days written notice to clients of his or her intent to 
voluntarily terminate services, except in situations of a potential threat to 
the nurse's personal safety; and 
(9) comply with subsections (a)(2) and (a)(3) of this section. 
(c) Independently practicing licensed vocational nurses. To participate in 
THSteps-CCP, an independently practicing licensed vocational nurse must: 
(1) hold a valid license from the Board of Vocational Nurse Examiners for the 
State of Texas to practice as a licensed vocational nurse; 
(2) be enrolled as a provider in the Texas Medicaid Program; 
(3) comply with the terms of the Texas Medicaid Provider Agreement; 
(4) agree to provide services in compliance with all applicable federal, state, 
and local laws and regulations, including the Texas Vocational Nurse Act; 
(5) comply with all state and federal regulations and rules relating to the 
Texas Medicaid Program; 
(6) comply with the requirements of the Texas Medicaid Provider Procedures 
Manual, including all updates and revisions published bimonthly in the Texas 
Medicaid Bulletin; and all handbooks, standards, and guidelines published by the 
department; 
(7) comply with accepted standards and principles of nursing practice; and 
(8) provide at least 30 days written notice to clients of his or her intent to 
voluntarily terminate services, except in situations of a potential threat to 
the nurse's personal safety; and 
(9) comply with subsections (a)(2) and (a)(3) of this section. 

sec.33.604.Client Eligibility Criteria.
(a) To be eligible for private duty nursing services, a client must: 
(1) be under 21 years of age and eligible for THSteps-CCP; 
(2) meet medical necessity criteria for private duty nursing; 
(3) have a primary physician who: 
(A) provides a prescription for private duty nursing services; 
(B) establishes a plan of care; 
(C) provides a statement that private duty nursing services as defined in this 
section are medically necessary for the client;
(D) provides a statement that the client's medical condition is sufficiently 
stable to permit safe delivery of private duty nursing as described in the plan 
of care; 
(E) provides continuing care and medical supervision including but not limited 
to examination or treatment within 30 days prior to the start of private duty 
nursing services. For extensions of private duty nursing services, medical care 
must comply with the American Academy of Pediatrics recommended schedule of 
visits which are applicable to the client's age, or within six months, which 
ever is sooner; and 
(F) provides specific written, dated orders for clients receiving private duty 
nursing services. 
(4) require care beyond the level of services delivered under sec.sec.29.301-
29.307 of this title (relating to Medicaid Home Health Services); and 
(5) have an identified primary care giver residing in the client's residence and 
an identified alternate care giver who is or can be trained to provide part of 
the client's care, or if no alternate care giver is identified, a plan to enable 
the client to receive care in an alternate setting or situation if the primary 
care giver is unable to fulfill his or her role. 
(b) The department may waive any client eligibility criteria in subsection 
(a)(3)(E) of this section upon review of a client's specific circumstances. 

sec.33.605.Medical Necessity Criteria for Private Duty Nursing.
(a) Private duty nursing is considered medically necessary if a person requires 
continuous, skillful observation and judgment to maintain or improve health 
status; and 
(1) is dependent on technology to sustain life; or 
(2) requires ongoing and frequent skilled interventions to maintain or improve 
health status, and delayed skilled intervention is expected to result in: 
(A) deterioration of a chronic condition; 
(B) loss of function; 
(C) imminent risk to health status due to medical fragility; or 
(D) risk of death. 
(b) Determining medical necessity for private duty nursing includes assessment 
of the following elements: 
(1) complexity and intensity of the client's care; 
(2) stability and predictability of the client's condition; and 
(3) frequency of the client's need for skilled nursing care. 

sec.33.606.Private Duty Nursing Benefits and Limitations.
(a) Private duty nursing benefits include the following. 
(1) Services. Direct skilled nursing care and care giver training and education 
intended to: 
(A) optimize client health status and outcomes; and 
(B) promote family-centered, community-based care as a component of an array of 
service options by; 
(i) preventing prolonged and/or frequent hospitalizations or 
institutionalization; 
(ii) providing cost-effective, quality care in the most appropriate environment; 
and 
(iii) providing training and education of care givers. 
(2) Amount and duration. 
(A) The amount and duration of private duty nursing services requested will be 
evaluated based upon review of the following documentation: 
(i) frequency of skilled nursing interventions; 
(ii) complexity and intensity of the client's care; 
(iii) stability and predictability of the client's condition; and 
(iv) identified problems and goals. 
(B) The amount of private duty nursing may decrease when: 
(i) one or more of the client's problems documented in the plan of care are 
resolved; 
(ii) one or more of the goals documented in the plan of care are met; 
(iii) there is a reduction in the frequency of skilled nursing interventions, or 
the complexity and intensity of the clients' care; 
(iv) alternate resources for comparable care become available; or 
(v) the primary care giver becomes able to meet more of the client's needs. 
(C) 24-hour private duty nursing will be authorized only: 
(i) for limited periods of time with defined end dates when medically necessary 
and appropriate based on the needs of the client; 
(ii) for limited periods of time with defined end dates related to the medical 
needs of the primary care giver, only when the alternate care giver is not 
available; and 
(iii) in the absence of both the primary care giver and the alternate care 
giver, if another alternate person is designated who can legally make decisions 
on behalf of the client and who will reside in the client's home during the time 
24-hour private duty nursing will be provided. 
(b) Private duty nursing service limitations include the following: 
(1) THSteps-CCP will not reimburse for private duty nursing services used for or 
intended to provide: 
(A) respite care; 
(B) child care; 
(C) activities of daily living for the client; 
(D) housekeeping service; or 
(E) individualized, comprehensive case management beyond the service 
coordination required by the Texas Nursing Practice Act, Texas Civil Statutes, 
Article 4513 et seq. 
(2) Private duty nursing shall neither replace parents or guardians as the 
primary care giver nor provide all the care that a client requires to live at 
home. Primary care givers remain responsible for a portion of a client's daily 
care, and private duty nursing is intended to support the care of the client 
living at home. 
(3) Authorization of services. 
(A) Authorization is required for payment of services. 
(B) Only those services that are determined by the department or its designee to 
be medically necessary and appropriate will be reimbursed. 
(C) No authorization for payment of private duty nursing services may be issued 
for a single service period exceeding six months. Specific authorizations may be 
limited to a time period less than the established maximum based on the 
stability and predictability of the client. 
(D) The family will be notified in writing by the department or its designee of 
a reduction or denial of private duty nursing services. 
(E) The provider will be notified in writing by the department or its designee 
of the authorization, or denial of private duty nursing services. 
(F) The provider will notify the primary physician and family upon receipt of 
the authorization or denial of private duty nursing services. 
(G) Authorization requests for private duty nursing services must include the 
following: 
(i) current department authorization form, completed by the primary physician 
and provider; 
(ii) plan of care, recommended, signed and dated by the client's primary 
physician. The primary physician reviews and revises the plan of care with each 
authorization, or more frequently as the physician deems necessary; and 
(iii) current department form, THSteps-CCP Private Duty Nursing Addendum to Plan 
of Care. 
(H) If inadequate or incomplete information is provided, the provider will be 
requested to furnish additional documentation to enable the department to make a 
decision on the request. 
(I) For authorization of extensions beyond the initial authorization period or 
revisions to an existing authorization, the provider must submit requests in 
writing. Required documentation for extending or revising authorization 
includes: 
(i) current department authorization form; 
(ii) plan of care, recommended, signed and dated by the client's primary 
physician; and 
(iii) current department form, THSteps-CCP Private Duty Nursing Addendum to Plan 
of Care, signed and dated by the client's primary physician. 
(J) During the authorization process, providers are required to deliver the 
requested services from the start of care date. Providers are responsible for a 
safe transition of services when the authorization decision is a denial or 
reduction in the private duty nursing services being delivered.

sec.33.607.Plan of Care.
(a) A plan of care must be recommended, signed, and dated by the client's 
primary physician. 
(b) A plan of care must meet the plan of care standards at Code of Federal 
Regulations, Title 42, sec.484.18, and sec.29.304 of this title (relating to 
Written Plan of Care) and must contain the following elements: 
(1) all pertinent diagnoses; 
(2) mental status; 
(3) types of services, including amount, duration, and frequency; 
(4) equipment required; 
(5) prognosis; 
(6) rehabilitation potential; 
(7) functional limitations; 
(8) activities permitted; 
(9) nutritional requirements; 
(10) medications; 
(11) treatments, including amount and frequency; 
(12) safety measures to protect against injury; 
(13) instructions for timely discharge or referral; 
(14) date the client was last seen by the primary physician; 
(15) other medical orders; and 
(16) current department form THSteps-CCP Private Duty Nursing Addendum to Plan 
of Care. 

sec.33.608.Termination of Private Duty Nursing Services.
Private duty nursing will be terminated by the department or its designee when: 
(1) the client is no longer eligible for THSteps-CCP; 
(2) the client no longer meets the medical necessity criteria for private duty 
nursing; 
(3) the place of service(s) can no longer accommodate the health and safety of 
the client; or 
(4) the client or care giver refuses to comply with the primary physician's plan 
of care. 

sec.33.609.Place of Service.
(a) Private duty nursing may be authorized for the following place(s) of 
service: 
(1) home of the client; 
(2) home of the primary or alternate care giver; 
(3) home of the nurse; 
(4) client's school; or 
(5) day care facility. 
(b) The place of service must be able to support the health and safety needs of 
the client. 
(c) The place of service must be adequate to accommodate the use, maintenance, 
and cleaning of all medical devices, equipment, and supplies required by the 
client. 
(d) Necessary primary and backup utility, communication, and fire safety systems 
must be available. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 5, 1998.
TRD-9809060
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission
CHAPTER 106. Exemptions From Permitting
SUBCHAPTER K. General
30 TAC sec.106.261, sec.106.262
The Texas Natural Resource Conservation Commission (commission) proposes 
amendments to sec.106.261, concerning Facilities (Emission Limitations) and 
sec.106.262, concerning Facilities (Emission and Distance Limitations). 
EXPLANATION OF PROPOSED RULES 
The commission has conducted a protectiveness review of the exemptions in 
sec.106.261 and sec.106.262. This rule proposal addresses several areas of 
concern uncovered in that review. 
The proposed amendment to sec.106.261 requires registration and submittal of 
documentation substantiating the claim of exemption. Currently, under 
sec.106.261, a facility can emit one pound per hour of any chemical not 
specified or referenced in sec.106.262. Because there is currently no 
requirement for the company to give the commission any information on what 
chemicals are actually being emitted under the exemption, the commission does 
not have the data to determine whether the exemption is protective in practice. 
Therefore, the commission proposes to require registration, with Form PI-7, for 
the use of the sec.106.261 exemption. This registration will enable the 
commission to collect sufficient information to more fully evaluate the 
protectiveness of the exemption.
The changes in sec.106.261 will provide increased scrutiny which should improve 
compliance with the rule, while allowing collection of data regarding its use. 
Subsequently, commission staff will review these registrations to assess how the 
exemption is used in practice, track multiple uses of the exemption at a 
facility, and gather information for future changes to the rule.
The American Conference of Governmental Industrial Hygienists (ACGIH) Guide 
establishes health threshold limits for occupational workers. The current 
sec.106.262 relies on the 1985 ACGIH Guide for toxicological data used to 
determine maximum emissions allowed under this exemption. These limits are 
combined with modeling data in a formula to calculate an emission rate that 
provides a higher level of conservativism so that sensitive individuals are 
protected. Beyond establishing a conservative formula, the exemption provides a 
table (Table 262) which identifies specific compounds that have odor, chronic, 
vegetation, or corrosive effects not accounted for in the 1985 ACGIH Guide. 
Section 106.262 is amended in two ways. First, the toxicological data is updated 
to reference the 1997 ACGIH Guide rather than the 1985 Guide. Second, this 
amendment modifies the list of compounds specifically listed in Table 262. 
Sixteen compounds are deleted from the table since they are now referenced in 
the 1997 version and 32 compounds are modified or added to the table because 
they are not adequately addressed in the 1997 ACGIH guide. Since the guide is 
directed toward only health impacts, more conservative values have been included 
to address the effects of the 32 compounds on odor, corrosiveness, vegetation, 
and nuisance. 
The commission also proposes amendments to the table to expand the categories of 
threshold limit values (TLVs) used in this exemption. The exemption originally 
referenced only the time-weighted average TLV, but will now allow use of the 
short-term exposure level (STEL) and the ceiling limit for compounds which do 
not have a time weighted average TLV listed. 
Section 106.262(5) restricts storage of compounds with potential for disasters. 
This section is amended to rename two and add four compounds to the list. These 
revisions incorporate updates made in the disaster potential list since 1985. 
FISCAL NOTE 
Stephen Minick, Strategic Planning and Appropriations, has determined that for 
the first five-year period the sections are in effect, there will be no 
significant fiscal implications for state or local government as a result of 
administration or enforcement of the sections.
PUBLIC BENEFIT
Mr. Minick also has determined that for each year of the first five years the 
sections are in effect, the anticipated public benefit will be improved 
protectiveness by improved tracking of actual use of the sec.106.261 exemption 
and by using more recent toxicological data. The effects on small businesses 
will be the added registration requirements for new authorizations. The proposed 
changes are not retroactive. Facilities previously authorized under this 
exemption will remain authorized. There is minimal economic cost to persons who 
are required to comply with the sections as proposed. Since persons must 
currently be able to demonstrate compliance with the exemption, the additional 
burden will be the submittal of the registration information. 
DRAFT REGULATORY IMPACT ANALYSIS 
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirements of Texas Government Code (the Code), sec.2001.0225, and 
has determined that the rulemaking is not subject to sec.2001.0225 because it 
does not meet the definition of a "major environmental rule" as defined in the 
Code. The proposal will not adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the environment, or the 
public health and safety. The proposal does not meet any of the four 
applicability requirements listed in sec.2001.0225(a). 
This proposal does not exceed a standard set by federal law and is not 
specifically required by state law. Exemptions from permitting are not addressed 
in federal law. 
This proposal falls within the commission's authority under Texas Health and 
Safety Code, sec.382.057, to establish conditions to allow an exemption from 
permitting. 
This proposal does not exceed the requirements of a delegation agreement or 
contract between the state and federal government as there is no agreement or 
contract between the commission and the federal government concerning standard 
exemptions. 
These rules are proposed under a specific state law. The commission has the 
statutory authority to propose and adopt rules concerning exemptions from 
permitting under Texas Health and Safety Code, sec.382.057.
TAKINGS IMPACT ASSESSMENT 
The commission has prepared a takings impact assessment for these rules under 
Texas Government Code, sec.2007.043. The specific purpose of this proposal is to 
increase the ability of the commission to evaluate the protectiveness of the 
exemption in sec.106.261 and to increase protectiveness by reducing allowable 
emissions of more toxic compounds. This proposal does not constitute a taking of 
private, real property.
COASTAL MANAGEMENT PLAN 
The commission has determined that this rulemaking relates to an action or 
actions subject to the Texas Coastal Management Program (CMP) in accordance with 
the Coastal Coordination Act of 1991, as amended (Texas Natural Resources Code, 
sec.sec.33.201 et. seq.), and the commission's rules in 30 TAC Chapter 281, 
Subchapter B, concerning Consistency with the Texas Coastal Management Program. 
As required by 31 TAC sec.505.11(b)(2) and 30 TAC sec.281.45(a)(3) relating to 
actions and rules subject to the CMP, commission rules governing air pollutant 
emissions must be consistent with the applicable goals and policies of the CMP. 
The commission has reviewed this rulemaking action for consistency with the CMP 
goals and policies in accordance with the rules of the Coastal Coordination 
Council, and has determined that this rulemaking action is consistent with the 
applicable CMP goals and policies. These amendments will not cause any increase 
in emissions. 
The commission requests public comment on the consistency of this proposal with 
the Coastal Management Plan. 
PUBLIC HEARING 
A public hearing on this proposal will be held July 14, 1998, at 2:00 p.m. in 
Room 2210 of Texas Natural Resource Conservation Commission Building F, located 
at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of 
oral or written comments by interested persons. Individuals may present oral 
statements when called upon in order of registration. Open discussion will not 
occur during the hearing; however, an agency staff member will be available to 
discuss the proposal 30 minutes prior to the hearing and will answer questions 
before and after the hearing. 
SUBMITTAL OF COMMENTS 
Comments may be submitted to Lisa Martin, Office of Policy and Regulatory 
Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 
239-4808. All comments should reference Rule Log Number 98019-106-AI. Comments 
must be received by 5:00 p.m., July 20, 1998. For further information, please 
contact Susana Hildebrand, New Source Review Permits Division, (512) 239-1562, 
Dale Beebe-Farrow, New Source Review Permitting Division, (512) 239-1310, or Jim 
Dodds, Air Policy and Regulations Division, (512) 239-0970. Persons with 
disabilities who have special communication or other accommodation needs who are 
planning to attend the hearings should contact the agency at (512) 239-4900. 
Requests should be made as far in advance as possible. 
STATUTORY AUTHORITY 
The amendments are proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.sec.382.012, 382.017, and 382.057. Section 382.012 
requires the commission to prepare and develop a general, comprehensive plan for 
the proper control of the state's air. Section 382.017 authorizes the commission 
to adopt rules consistent with the policy and purposes of the TCAA, while 
sec.382.057 authorizes the commission by rule to exempt certain facilities or 
changes to facilities from the requirements of sec.382.0518 if such facilities 
or changes will not make a significant contribution of air contaminants to the 
atmosphere. 
The proposed amendments implement Texas Health and Safety Code, sec.382.057.

sec.106.261. Facilities (Emission Limitations) (Previously SE 106). 
Facilities, or physical or operational changes to a facility, are exempt 
provided that all of the following conditions of this section are satisfied.
(1)-(6) (No change.) 
<nl>(7)<ol> Notification must be provided using Form PI-7 within ten days 
following the installation of, or physical or operational changes requiring 
authorization under this section to, the facilities after October 1, 1998. The 
notification shall include a description of the project, calculations, and data 
identifying specific chemical names, L values, and a description of pollution 
control equipment, if any.

sec.106.262. Facilities (Emission and Distance Limitations) (Previously SE 118). 
Facilities, or physical or operational changes to a facility, are exempt 
provided that all of the following conditions of this section are satisfied.
(1)-(2) (No change.) 
(3) New or increased emissions, including fugitives, of chemicals shall not be 
emitted in a quantity greater than five tons per year nor in a quantity greater 
than E as determined using the equation E = L/K and the following table. 
Figure: 30 TAC sec.106.262(3) 
(4) (No change.) 
(5) The facilities in which the following chemicals will be handled shall be 
located at least 300 feet from the nearest property line and 600 feet from any 
off-plant receptor and the cumulative amount of any of the following chemicals 
resulting from one or more authorizations under this section (but not including 
permit authorizations) shall not exceed 500 pounds on the plant property and all 
listed chemicals shall be handled only in unheated containers operated in 
compliance with the United States Department of Transportation regulations (49 
Code of Federal Regulations, Parts 171-178): acrolein, <nl>allyl chloride,<ol> 
ammonia <nl>(anhydrous)<ol>, arsine, boron trifluoride, bromine, carbon 
disulfide, chlorine, chlorine dioxide, chlorine trifluoride, chloroacetaldehyde, 
chloropicrin, chloroprene, diazomethane, diborane, <nl>diglycidyl ether,<ol> 
dimethylhydrazine, <nl>ethyleneimine, <ol> ethyl mercaptan, fluorine, 
formaldehyde <nl>(anhydrous)<ol>, hydrogen bromide, hydrogen chloride, hydrogen 
cyanide, hydrogen fluoride, hydrogen selenide, hydrogen sulfide, ketene, 
methylamine, methyl bromide, methyl hydrazine, methyl isocyanate, methyl 
mercaptan, nickel carbonyl, <nl>nitric acid,<ol> nitric oxide, nitrogen dioxide, 
oxygen difluo- ride, ozone, pentaborane, perchloromethyl mercaptan, perchloryl 
fluoride, phosgene, phosphine, phosphorus trichloride, selenium hexafluoride, 
stibine, liquified sulfur dioxide, sulfur pentafluoride, and tellurium 
hexafluoride. Containers of these chemicals may not be vented or opened directly 
to the atmosphere at any time. 
(6)-(7) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 3, 1998.
TRD-9808961
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: September 10, 1998
For further information, please call: (512) 239-1966

CHAPTER 305. Consolidated Permits
SUBCHAPTER C. Application for Permit
30 TAC sec.305.42
The Texas Natural Resource Conservation Commission (commission) proposes an 
amendment to sec.305.42, concerning consolidated permits.
EXPLANATION OF PROPOSED RULES
The primary purpose of the proposed amendment is to revise the state rules to 
conform to a certain federal regulation. Establishing equivalency with federal 
regulations will enable the State of Texas to retain authorization to operate 
aspects of the federal hazardous waste program in lieu of the United States 
Environmental Protection Agency (EPA).
The federal regulations to which the proposed rule is being conformed were 
promulgated by the EPA on June 29, 1995 at 60 FedReg 33911. The proposed rule 
states that, for applications involving hazardous waste management facilities 
for which the owner or operator has submitted Part A of the permit application 
and has not yet filed Part B, the owner or operator is subject to the 
requirements for updating the Part A application under 40 Code of Federal 
Regulations sec.270.10(g), as amended and adopted in the Code of Federal 
Regulations through June 29, 1995 (see 60 FedReg 33911).
FISCAL NOTE
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections as proposed are in effect, 
there will be no significant fiscal implications for state or local government 
as a result of administration or enforcement of the sections.
PUBLIC BENEFIT
Mr. Minick has also determined that for the first five years the sections as 
proposed are in effect the public benefit anticipated as a result of enforcement 
of and compliance with the sections will be enhanced consistency between federal 
and state waste regulatory requirements. The proposed amendment incorporates an 
existing federal regulation. There are no significant economic costs anticipated 
to any person, including any small business, required to comply with the 
sections as proposed because the regulation is a promulgation under the 
Hazardous and Solid Waste Amendments of 1984 (HSWA) and, as such, the U.S. EPA 
is implementing the regulation. Therefore, there are no additional costs 
incurred by affected owners and operators because they are already having to 
comply with this rule, if applicable to them. 
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirements of Texas Government Code, sec.2001.0225, and has 
determined that the rulemaking is not subject to sec.2001.0225 because it does 
not meet the definition of a "major environmental rule" as defined in the act, 
and it does not meet any of the four applicability requirements listed in 
sec.2001.0225(a). 
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment for these rules pursuant 
to Texas Government Code Annotated sec.2007.043. The following is a summary of 
that assessment. The specific purpose of the proposed rules is to ensure that 
Texas' state hazardous waste rules are equivalent to the federal regulations 
after which they are patterned, thus enabling the state to retain authorization 
to operate its own hazardous waste program in lieu of the corresponding federal 
program. The proposed rules will substantially advance this stated purpose by 
introducing language intended to ensure that state rules are equivalent to the 
corresponding federal regulations. Promulgation and enforcement of this rule 
will not affect private real property which is the subject of the rules because 
the proposed language consists of an amendment to bring the state hazardous 
waste regulations into equivalence with a certain federal regulation. The 
subject regulation does not affect a landowners rights in private real property. 
COASTAL MANAGEMENT PROGRAM (CMP)
The commission has reviewed the proposed rulemaking and found that the proposal 
is a rulemaking subject to the Coastal Management Program (CMP) and must be 
consistent with all applicable goals and policies of the CMP. The commission has 
prepared a consistency determination for the proposed rule pursuant to 31 TAC 
sec.505.22 and has found that the proposed rulemaking is consistent with the 
applicable CMP goals and policies. The following is a summary of that 
determination. The CMP goal applicable to the proposed rulemaking is the goal to 
protect, preserve, restore, and enhance the diversity, quality, quantity, 
functions, and values of coastal natural resource areas (CNRAs). Applicable 
policies are construction and operation of solid waste treatment, storage, and 
disposal facilities, such that new solid waste facilities and areal expansions 
of existing solid waste facilities shall be sited, designed, constructed, and 
operated to prevent releases of pollutants that may adversely affect CNRAs and, 
at a minimum, comply with standards established under the Solid Waste Disposal 
Act, 42 United States Code Annotated, sec.sec.6901 et seq. Promulgation and 
enforcement of this rule is consistent with the applicable CMP goals and 
policies because the proposed rule amendments will comply with the standards 
under the Solid Waste Disposal Act. The commission invites public comment on the 
consistency of the proposed rule. 
The commission invites public comment on the consistency of the proposed rule. 
SUBMITTAL OF COMMENTS
Written comments may be submitted by mail to Bettie Bell, Office of Policy and 
Regulatory Development, MC-205, P.O. Box 13087, Austin, Texas 78711-3087; or by 
fax at (512) 239-4808. All comments must be received by July 20, 1998 and should 
reference Rule Log No. 98008-335-WS. Comments received by 5:00 p.m. on that date 
will be considered by the commission prior to any final action on the proposal. 
For further information, please contact Ray Henry Austin at (512) 239-6814. 
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.305.42. Application Required.
(a)-(c) (No Change.) 
<nl>(d)<ol> For applications involving hazardous waste management facilities for 
which the owner or operator has submitted Part A of the permit application and 
has not yet filed Part B, the owner or operator is subject to the requirements 
for updating the Part A application under 40 Code of Federal Regulations 
sec.270.10(g), as amended and adopted in the Code of Federal Regulations through 
June 29, 1995 (see 60 FedReg 33911).
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809153
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER F. Permit Characteristics and Conditions
30 TAC sec.305.126
The Texas Natural Resource Conservation Commission (commission) proposes an 
amendment to sec.305.126, concerning Additional Standard Permit Conditions for 
Wastewater Discharge Permits. 
EXPLANATION OF PROPOSED RULE 
The purpose of the proposed rule is to give communities with permitted domestic 
wastewater treatment facilities more control over decisions concerning treatment 
capacity needs and reduce reporting requirements associated with administering 
the rule. The proposed revisions are being made in response to the regulated 
community's request for more local control over treatment capacity decisions. In 
the 1960s to early 1980s, expansion of wastewater treatment plants severely 
lagged behind population growth in Texas. The result was inadequate retention 
time for wastewater treatment during non-high flow periods, and plant flushing 
and/or plant overflows during rainfall events. The original rule was developed 
to assist community leaders by requiring them to plan ahead and position their 
community for expansion and/or upgrading of the existing wastewater treatment 
plant when effluent flows reached a specific level. The proposed amendments will 
allow this advance planning to continue while responding to the concerns of the 
regulated community. 
Under the current rule, whenever a domestic wastewater treatment plant reaches 
75 percent of the permitted daily average flow for three consecutive months, the 
permittee is required to initiate engineering and financial planning for 
expansion and/or upgrading of the treatment plant and/or collection facilities. 
Whenever flows at a domestic wastewater treatment plant reach 90 percent of the 
permitted daily average flow for three consecutive months, the permittee is 
required to obtain authorization from the commission to commence construction of 
the necessary additional treatment and/or collection facilities. The permittee 
may obtain a waiver if the planned population to be served or the quantity of 
waste produced is not expected to exceed the design limitations of the treatment 
facility. In administering the current rule, the commission requires permittees 
to provide a written plan and an implementation schedule for action if a waiver 
is not applicable. In addition, at the 90 percent level the commission requires 
permittees to provide periodic reports in order to track their progress in 
making improvements. 
The proposed rule amendments would accomplish the original objective of the rule 
by continuing to require permittees to evaluate their treatment capacity. At the 
same time the proposed rule injects needed flexibility into decisions over when 
action is required. The commission recognizes that many factors can influence 
when a facility should begin planning construction of additional treatment 
capacity, such as population growth rates or a need to sell bonds. For this 
reason, the commission is revising the rule to allow local communities to decide 
when to expand treatment capacity, rather than requiring them to begin expansion 
planning and obtain authorization to construct or obtain a waiver when they 
reach the 75 and 90 percent milestones. 
The proposed rule amendments would no longer require permittees to commence 
development of engineering and financial planning when their domestic wastewater 
treatment plant reaches 75 percent of flow capacity. Instead, upon notification 
from the commission that flows have reached 75 percent for three consecutive 
months, the permittee must respond in writing within 30 days acknowledging 
receipt of the notification. Under the revised rule, the 75 percent notification 
will simply advise permittees that they may need to begin evaluating future 
capacity needs. They will no longer be required to take specific actions. In 
addition, the proposed rule amendments will no longer require permittees to 
obtain authorization for construction when their domestic wastewater treatment 
plant reaches 90 percent of flow capacity for three consecutive months. Upon 
notification from the commission that the 90 percent threshold has been reached, 
permittees that self-report flow will be required to respond to the commission 
within 90 days indicating their intention to either expand or upgrade the 
treatment and/or collection facilities or not to expand or upgrade. Permittees 
that do not self-report flow (land disposal facilities) will be required to 
notify the commission when flow measurements at their domestic wastewater 
treatment plant reach 90 percent of flow capacity for three consecutive months, 
and inform the commission of their plans to either expand or upgrade or not 
expand or upgrade. Permittees may choose not to expand or upgrade in cases where 
low or no growth is expected, because the quantity of waste produced is not 
expected to exceed the design limitations of the treatment facilities, or 
because they intend to combine operations and/or physical facilities with 
another system or systems that have the capacity to handle the waste. 
The commission is also responding to concerns by permittees that they are 
expending limited resources to provide the reports that are currently required 
by the commission. In those cases where expansion and/or collection system 
upgrades are pursued, the commission will no longer track implementation 
schedules nor require the permittee to submit periodic progress reports. 
Additionally, the rule modifications will eliminate the need for waivers. 
Finally, the proposed rule amendments are necessary to implement the 
commission's new permitting policy which specifies that any domestic wastewater 
discharge facility with one million gallons per day or greater permitted flow 
will receive an annual average flow limitation. Any domestic wastewater 
discharge facility with less than one million gallons per day of permitted flow 
will continue to receive a daily average flow limitation. The rule has been 
revised so that it applies to facilities with either daily average flow 
limitations or annual average flow limitations. 
FISCAL NOTE 
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five years in which this section as proposed is in effect, 
the enforcement and administration of the section will have fiscal implications. 
The effect of the proposed amendments to the rule and implementation procedures 
will be to change the reporting and action requirements for domestic wastewater 
treatment plants when they reach 75 percent and 90 percent of flow capacity. The 
effect on state government will be a reduction in costs typically incurred by 
the commission that are associated with the review and tracking of the 
improvement schedules, progress reports and requests for waivers that result 
from current rule requirements and rule implementation procedures. 
There will be some cost savings to local governments as a result of the proposed 
rule. Management in these communities will experience savings in employee time 
costs due to the reduced reporting requirements proposed by this rule. 
PUBLIC BENEFIT 
Mr. Minick has also determined that for the first five years the rule as 
proposed is in effect, the public benefit anticipated as a result of enforcement 
of and compliance with the section will be more local control over decisions 
concerning treatment capacity, reduced regulatory requirements for permittees 
and continued protection of the environment by promoting advanced planning by 
permittees for future treatment capacity requirements. 
DRAFT REGULATORY IMPACT ANALYSIS 
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirements of Texas Government Code sec.2001.0225 and has determined 
that the rulemaking is not subject to sec.2001.0225 because it does not meet the 
definition of a "major environmental rule" as defined in the act, and it does 
not meet any of the four applicability requirements listed in sec.2001.0225(a). 
TAKINGS IMPACT ASSESSMENT 
The commission has prepared a Takings Impact Assessment for these rules pursuant 
to Texas Government Code, sec.2007.043. The following is a summary of that 
assessment. The specific purpose of the proposed rule is to give communities 
with permitted domestic wastewater treatment facilities more control over 
decisions concerning treatment capacity needs, and reduce reporting requirements 
associated with administering the rule. The rule will substantially advance this 
specific purpose by revising the requirements for domestic wastewater permittees 
when the flows reach 75 percent and 90 percent of flow capacity. Promulgation 
and enforcement of this rule will not affect private real property that is the 
subject of this rule because the change does not restrict or limit the owner's 
right to the property that would otherwise exist in the absence of the 
rulemaking. There is no burden over and above that burden already present under 
the rule in effect currently. 
COASTAL MANAGEMENT PROGRAM (CMP) 
The commission has reviewed the proposed rulemaking and found that the proposal 
is a rulemaking subject to the Coastal Management Program and must be consistent 
with all applicable goals and policies of the Coastal Management Program (CMP). 
The commission has prepared a consistency determination for the proposed rule 
pursuant to 31 TAC sec.505.22 and has found that the proposed rulemaking is 
consistent with the applicable CMP goals and policies. The following is a 
summary of that determination. The CMP goal applicable to the proposed 
rulemaking is the goal to protect, preserve, restore, and enhance the diversity, 
quality, quantity, functions, and values of coastal natural resource areas. CMP 
policies applicable to the proposed rule include the administrative policies and 
the policies for specific activities related to the discharge of municipal and 
industrial wastewater to coastal waters. Promulgation and enforcement of this 
rule is consistent with the applicable CMP goals and policies because the 
proposed rule amendments will continue to require permittees to evaluate their 
treatment capacity needs. In addition, the proposed rule does not violate any 
applicable provisions of the CMP's stated goals and policies. 
The commission invites public comment on the consistency of the proposed rule. 
SUBMITTAL OF COMMENTS 
Written comments on the proposal should refer to Rule Log No. 97138-305-WT and 
may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation 
Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, 
Austin, Texas 78711-3087, (512) 239-4640. Comments may also be faxed to (512) 
239-5687. Written comments must be received by 5:00 p.m. on July 20, 1998. For 
further information concerning this proposal, please contact Jan Sills, at (512) 
239-4569. 
STATUTORY AUTHORITY 
These amendment is proposed under the Texas Water Code sec.5.102, which provides 
the commission with general powers to carry out duties under the Texas Water 
Code, and sec.5.103 and sec.5.105 which provide the commission with the 
authority to adopt any rules necessary to carry out the powers and duties under 
the provisions of the Texas Water Code and other laws of this state and to 
establish and approve all general policies of the commission. Additionally, the 
amendments are proposed under Texas Water Code sec.26.042, which authorizes the 
commission to prescribe reasonable requirements for monitoring and reporting of 
waste collection, treatment and disposal activities.
There are no other codes or statutes that will be affected by this proposal.

sec.305.126. Additional Standard Permit Conditions for Waste Discharge Permits.
(a) <nl>Upon notification from the commission that flow measurements at a 
domestic wastewater treatment plant have reached 75% of the daily average or 
annual average flow limit, as specified in the permit, for three consecutive 
months, a permittee shall respond to the commission, in writing, within 30 days 
of the notification indicating that the permittee has received the 75% flow 
notification.<ol> [Whenever flow measurements for any sewage treatment plant 
facility in the state reaches 75% of the permitted average daily flow for three 
consecutive months, the permittee must initiate engineering and financial 
planning for expansion and/or upgrading of the wastewater treatment and/or 
collection facilities. Whenever the average daily flow reaches 90 percent of the 
permitted average daily flow for three consecutive months, the permittee shall 
obtain necessary authorization from the Commission to commence construction of 
the necessary additional treatment and/or collection facilities. In the case of 
a wastewater treatment facility which reaches 75% of the permitted average flow 
for three consecutive months, and the planned population to be served or the 
quantity of waste produced is not expected to exceed the design limitations of 
the treatment facility, the permittee will submit an engineering report 
supporting this claim to the executive director. If in the judgment of the 
executive director the population to be served will not cause permit 
noncompliance, then the requirements of this section may be waived. To be 
effective, any waiver must be in writing and signed by the director of the water 
quality division of the commission, and such waiver of these requirements will 
be reviewed upon expiration of the existing permit; however, any such waiver 
shall not be interpreted as condoning or excusing any violation of any permit 
parameter.] 
<nl>(b)<ol> Upon notification from the commission that flow measurements at a 
domestic wastewater treatment plant have reached 90% of the daily average or 
annual average flow limit, as specified in the permit, for three consecutive 
months, a permittee that is required to self-report flow shall respond to the 
commission, in writing, within 90 days of the notification. The response shall 
indicate: 
(1) any plans the permittee has to expand and/or upgrade the wastewater 
treatment plant and/or collection facilities; or 
(2) that expansion and/or upgrading is not necessary. Permittees may choose not 
to expand and/or upgrade for the following reasons:
(A) low growth or no growth is anticipated in the planned population to be 
served; or 
(B) the quantity of waste produced is not expected to exceed the design 
limitations of the wastewater treatment plant; or 
(C) the waste will be handled by combining operations and\or physical facilities 
with another system or systems that have the capacity to handle the waste. 
<nl>(c)<ol> A permittee that is not required to self-report flow shall notify 
the commission, in writing, within 90 days of the third consecutive month that 
flow measurements at its domestic wastewater treatment plant reach 90 percent of 
the daily average or annual average flow limit, as specified in the permit. The 
notification shall indicate: 
(1) any plans the permittee has to expand and/or upgrade the wastewater 
treatment plant and/or collection facilities; or 
(2) that expansion and/or upgrading is not necessary. Permittees may choose not 
to expand and/or upgrade for the following reasons:
(A) low growth or no growth is anticipated in the planned population to be 
served; or 
(B) the quantity of waste produced is not expected to exceed the design 
limitations of the wastewater treatment plant and/or collection facilities; or 
(C) the waste will be handled by combining operations and\or physical facilities 
with another system or systems that have the capacity to handle the waste. 
<nl>(d)<ol> [(b)] The permittee shall give notice to the executive director as 
soon as possible of any planned physical alterations or additions to the 
permitted facility. In addition to the requirements of sec.305.125(7) of this 
title (relating to Standard Permit Conditions), notice shall also be required 
under this subsection when: 
(1) the alteration or addition to a permitted facility may meet one of the 
criteria for determining whether a facility is a new source in sec.305.534 of 
this title (relating to New Sources and New Dischargers); or 
(2) the alteration or addition could significantly change the nature or increase 
the quantity of pollutants discharged. This notification applies to pollutants 
which are subject neither to effluent limitations in the permit, nor to 
notification requirements under 40 Code of Federal Regulations (CFR) 
122.42(a)(1) as adopted by sec.305.531 of this title (relating to Establishing 
and Calculating Additional Conditions and Limitations for TPDES Permits); 
(3) the alteration or addition results in a significant change in the 
permittee's sludge use or disposal practices, and such alteration, addition, or 
change may justify the application of permit conditions that are different from 
or absent in the existing permit, including notification of additional use or 
disposal sites not reported during the permit application process or not 
reported pursuant to an approved land application plan. 
<nl>(e)<ol> [(c)] If the permittee is a new discharger, it must provide 
quantitative data described in 40 CFR sec.sec.122.21(h)(4)(I) and (ii) no later 
than two years after commencement of discharge; however, the permittee need not 
conduct tests which the permittee has already performed and reported under the 
discharge monitoring requirements of its TPDES permit. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809123
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: July 20, 1998
For further information, please call: (512) 239-4640

CHAPTER 335. Industrial Solid Waste and Municipal Hazardous Waste 
The Texas Natural Resource Conservation Commission (commission) proposes 
amendments to sec.sec.335.1, 335.2, 335.6, 335.11 - 335.13, 335.17 - 335.19, 
335.21, 335.23, 335.24, 335.29, 335.31, 335.41, 335.61, 335.62, 335.76, 335.78, 
335.91, 335.112, 335.114, 335.152, 335.154, 335.156, 335.211, 335.213, 335.214, 
335.221, 335.241, 335.251, 335.261, and 335.431, concerning industrial solid 
waste and municipal hazardous waste. 
EXPLANATION OF PROPOSED RULES
The primary purpose of the proposed amendments is to revise the state rules to 
conform to certain federal regulations, either by incorporating the federal 
regulations by reference or by introducing language into the state rules which 
corresponds to the federal regulations. Establishing equivalency with federal 
regulations will enable the State of Texas to retain authorization to operate 
aspects of the federal hazardous waste program in lieu of the United States 
Environmental Protection Agency (EPA). Another purpose of the proposed rules is 
to reform certain state rules for purposes of streamlining, clarification, and 
correction. The proposed rules also include administrative revisions, such as 
changing "Texas Water Commission" to "Texas Natural Resource Conservation 
Commission," correcting internal cross references, and changing "his" and "he" 
to gender-neutral language. 
Most of the federal regulations to which the proposed rules are being conformed 
were promulgated by the EPA between July 1, 1994 and June 30, 1996 under the 
authority of the federal Resource Conservation and Recovery Act (RCRA). Some of 
the federal regulations promulgated prior to July 1994 are proposed to be 
adopted where state rules need to be changed to appropriately adopt or reflect 
the requirements of the federal regulations. For instance, amendment to the 
state rules at sec.335.24(j) is proposed in order to appropriately reflect 
federal regulations concerning the applicability of the used oil standards 
promulgated on September 10, 1992 at 57 FedReg 41612. Also, proposed 
sec.335.24(k) is a conforming change to reflect federal regulations concerning 
the applicability of 40 Code of Federal Regulations (CFR) Parts 264 and 265, 
Subparts AA and BB promulgated at 55 FedReg 25493 on June 21, 1990. Some of the 
federal regulations promulgated after June 1996 are proposed to be adopted in 
order that the state rules will have more up-to-date requirements. For instance, 
some of the referenced test methods have been updated, notably those within EPA 
Publication SW-846, and this proposal contains updates to adopt these test 
methods. Also, some of the federal regulations promulgated after June 1996 are 
proposed to be adopted to benefit stakeholders by providing certain streamlined 
requirements. For instance, the Land Disposal Restrictions (LDR) - Phase IV rule 
promulgated by the EPA on May 12, 1997 at 62 FedReg 25998, which is proposed to 
be adopted, contains streamlined LDR paperwork requirements and exclusions from 
the definition of "solid waste" for certain scrap metal and shredded circuit 
boards. Proposed sec.335.1 relates to definitions. In accordance with new 
requirements of the Texas Register, the definitions are proposed to be assigned 
numbers, in this case sec.335.1(1)-(149). A set of the definitions relating to 
the universal waste rule, as promulgated by the EPA at 60 FedReg 25492 on May 
11, 1995, is proposed to be reformatted by providing the following as each of 
the definitions: "Has the definition adopted under sec.335.261 of this title 
(relating to Universal Waste Rule)." In this way, any future changes to these 
definitions will necessitate that sec.335.261 be "opened" in the rulemaking 
process, as opposed to sec.335.1. This will minimize conflicts with other 
rulemaking efforts which involve sec.335.1. The following terms are proposed to 
be changed in such a way: "Battery" at sec.335.1(10); "Destination Facility" at 
sec.335.1(33); "Pesticide" at sec.335.1(98); "Thermostat" at sec.335.1(128); 
"Universal Waste Handler" at sec.335.1(141); and "Universal Waste Transporter" 
at sec.335.1(142). The meanings of these terms are described in the portion of 
this proposal addressing sec.335.261. The definition of "Universal Waste" is 
proposed to be amended to reflect the definition found under 40 CFR sec.260.10, 
with the resulting definition, if adopted, to be as follows: "Any of the 
hazardous wastes defined as universal waste under sec.335.261(b)(13)(F) that are 
managed under the universal waste requirements of sec.335.261 of this title 
(relating to Universal Waste Rule)." 
Section 335.1 is also proposed to be amended at the definition of "solid waste." 
There are three proposed new exclusions from the definition: certain recovered 
oil, scrap metal, and shredded circuit boards, which are proposed at 
sec.335.1(119)(A)(iv) by including the federal exclusions found under 40 CFR 
sec.261.4(a)(12)-(14). The recovered oil exclusion was published by the EPA at 
59 FedReg 38536 on July 28, 1994. The scrap metal and shredded circuit board 
exclusions were published under the Land Disposal Restrictions - Phase IV 
promulgation at 62 FedReg 25998 on May 12, 1997. Another proposed amendment to 
the definition of "solid waste" to conform the state definition with changes to 
its federal counterpart is within Table 1, adding "other than excluded scrap 
metal (see sec.335.17(9))" in the scrap metal entries, and referring to excluded 
scrap metal in the note at the bottom of the table. Since Table 1 indicates 
materials that are solid wastes when recycled, this proposed amendment is for 
the purpose of clarity, so that it is shown that excluded scrap metal is clearly 
outside the scope of Table 1. Finally, the definition of "solid waste" is 
proposed to be amended at sec.335.1(119)(J) with a reference to other portions 
of Chapter 335 that relate to solid wastes that are recycled. 
Proposed sec.335.2 relates to permit required. Proposed sec.335.2(d)(6) is a 
nonsubstantive change from the word "section" to its symbol "sec.." Proposed 
sec.335.2(h)(7) is a correction to "Texas Natural Resource Conservation 
Commission." Proposed sec.335.2(k) is a reference correction, adding the phrase 
"(relating to Notification Requirements)" after the reference to sec.335.6. 
Proposed sec.335.2(l) is a conforming change to reflect the federal hazardous 
waste permit exemption at 40 CFR sec.270.1(c)(2)(viii) for universal waste 
handlers and transporters managing universal wastes, as promulgated by the EPA 
at 60 FedReg 25492 on May 11, 1995. 
Proposed sec.335.6 relates to notification requirements, and is proposed to be 
amended at sec.335.6(j) to correct the reference to Chapter 324 by adding the 
phrase "of this title," and at sec.335.6(k) with a reference to other portions 
of Chapter 335 that relate to solid wastes that are recycled. Proposed 
sec.335.11 relates to shipping requirements for transporters of hazardous waste 
or Class I waste. Proposed sec.335.11(a)(4) has a conforming change to reflect 
changes in the federal requirements concerning shipments for hazardous waste 
imports and exports, implementing an Organization for Economic Cooperation and 
Development (OECD) Council decision. This proposed change is to require 
transporters to know, in the case of hazardous waste exports, that the shipment 
conforms to the requirements set forth under 40 CFR sec.263.20(a), as amended 
and adopted through April 12, 1996 at 61 FedReg 16290, which added the 
requirement that a transporter may not accept hazardous waste subject to the 
requirements of 40 CFR Part 262, Subpart H without a tracking document that 
includes all information required by 40 CFR sec.262.84. Proposed sec.335.12 
relates to shipping requirements applicable to owners or operators of storage, 
processing, or disposal facilities. Proposed sec.335.12(c)(2) contains the added 
"(CFR)," and sec.335.12(d) is a conforming change to reflect changes in the 
federal requirements at 40 CFR sec.264.71(d) and sec.265.71(d) concerning 
transfrontier shipments of hazardous waste for recovery within the OECD, as 
promulgated by the EPA at 61 FedReg 16290 on April 12, 1996. This proposed 
conforming change is to require the owner or operator of a facility receiving a 
shipment subject to 40 CFR Part 262, Subpart H to provide a copy of the tracking 
document to a specified EPA address and to certain other authorities within 
three working days of receipt of the shipment, and to maintain the original copy 
of the tracking document at the facility for at least three years from the date 
of signature. 
Proposed sec.335.13 relates to recordkeeping and reporting procedures applicable 
to generators shipping hazardous waste or Class I waste and primary exporters of 
hazardous waste. Proposed sec.335.13(n) has a conforming amendment to reflect a 
change under 40 CFR sec.262.56(b) in the mailing address at the EPA to which 
annual reports should be sent by primary exporters of hazardous waste, as 
promulgated by the EPA at 61 FedReg 16290 on April 12, 1996.
Proposed sec.335.17 relates to special definitions for recyclable materials and 
nonhazardous recyclable materials. Proposed sec.335.17(a)(9)-(12) spells out the 
definitions for "excluded scrap metal," "processed scrap metal," "home scrap 
metal," and "prompt scrap metal," which match the corresponding federal 
definitions under 40 CFR sec.261.1(c)(9)-(12), as published by the EPA in the 
land disposal restrictions Phase IV promulgation at 62 FedReg 25998 on May 12, 
1997. Section 335.17 is also proposed to be amended at sec.335.17(b) with a 
reference to other portions of Chapter 335 that relate to solid wastes that are 
recycled. 
Proposed sec.335.18 relates to variances from classification as a solid waste, 
and is proposed to be amended at sec.335.18(b) with a reference to other 
portions of Chapter 335 that relate to solid wastes that are recycled. Proposed 
sec.335.19 relates to standards and criteria for variances from classification 
as a solid waste. Proposed sec.335.19(a) has a conforming amendment to reflect a 
change in 40 CFR sec.260.31(a), as published by the EPA in the land diposal 
restrictions Phase II promulgation at 59 FedReg 47980 on September 19, 1994, 
deleting the words "standards and." In addition, sec.335.19(d) contains a 
reference to other portions of Chapter 335 that relate to solid wastes that are 
recycled. 
Proposed sec.335.21 relates to procedures for variances from classification as a 
solid waste or variances to be classified as a boiler. To conform to the federal 
regulations at 40 CFR sec.260.33(a) published by the EPA in the land diposal 
restrictions Phase II promulgation at 59 FedReg 47980 on September 19, 1994, 
proposed sec.335.21(1) has the added sentence "The applicant must apply to the 
executive director for the variance." It also contains a correction of the 
conjunction in the second sentence of sec.335.21(1) from "and" to "or." Proposed 
sec.335.21(2) has the same conjunctive correction and also a correction to refer 
to filing with the chief clerk a motion for reconsideration of a final decision 
of the executive director, subject to sec.50.39. 
Proposed sec.335.23 relates to procedures for case-by-case regulation of 
hazardous waste recycling activities, and contains corrections in the form of 
additional references to appropriate applicable chapters, under sec.335.23(2).
Proposed sec.335.24 relates to requirements for recyclable materials and 
nonhazardous recyclable materials, and contains conjunctive corrections, 
deletions of superfluous conjunctions, and under subsections (b), (c), and (e), 
corrections in the form of additional references to appropriate chapters. 
Section 335.24(c)(2) is proposed to be deleted to conform to the corresponding 
federal regulation. Under the Universal Waste Rule at 60 FedReg 25492 
promulgated on May 11, 1995, EPA removed the exclusion for used batteries that 
are to be regenerated, under 40 CFR sec.261.6(a)(3)(ii), and added a provision 
in the Universal Waste Rules that facilities regenerating used batteries are 
subject to the 40 CFR Part 273 standards. This change by EPA was undertaken to 
eliminate confusion which could come from having multiple special provisions for 
batteries. The aforementioned deletion of paragraph (c)(2) conforms the state 
rule to this federal rule change. Section 335.24(c)(3) is proposed to be changed 
to paragraph (c)(2), and is also proposed to be modified to add after "scrap 
metal" the phrase "that is not already excluded under 40 Code of Federal 
Regulations sec.261.4(a)(13)." This would conform to the federal regulation at 
40 CFR sec.261.6(a)(3)(ii) published by the EPA under the Land Disposal 
Restrictions - Phase IV promulgation at 62 FedReg 25998 on May 12, 1997. This 
proposed change is necessary because the excluded scrap metal would no longer be 
a solid waste under this proposal (see discussion under proposed changes to 
sec.335.1), and thus would not meet the definition of hazardous waste or a 
recyclable material. Consequently, the exclusion from the requirement for 
recyclable material is neither needed nor appropriate for scrap metal that is 
already excluded from the definition of "solid waste." Section 335.24(c)(4) is 
proposed to be renumbered to paragraph (c)(3) because of the aforementioned 
deletion of paragraph (c)(2), and is also proposed to be modified to conform to 
the federal regulations by adding "(this exemption does not apply to fuels 
produced from oil recovered from oil-bearing hazardous waste, where such 
recovered oil is already excluded under 40 Code of Federal Regulations 
sec.261.4(a)(12))," as published by the EPA at 59 FedReg 38536 under the 
recovered oil exclusion promulgation on July 28, 1994. This proposed 
parenthetical phrase is a clarification that, since certain recovered oil would 
already be excluded from the definition of "solid waste" under this proposal, 
the exemption for fuels produced from such recovered oil is not needed. Also, 
sec.335.24(c)(5) is proposed to be deleted in order to conform to the federal 
regulations. Under the aforementioned recovered oil exclusion, EPA removed the 
exclusion for certain recovered used oils, under 40 CFR sec.261.6(a)(3)(v), 
because the recovered oil exclusion was rewritten as an exclusion from the 
definition of solid waste. In other words, since the recovered oil would no 
longer be a solid waste, it would not meet the definition of a hazardous waste 
or a recyclable material. Consequently, the exclusion from the requirements for 
recyclable materials is not needed, nor would it be appropriate. Section 
335.24(c)(6) is proposed to be renumbered to paragraph (c)(4), and (c)(7) 
renumbered to (c)(5), because of the aforementioned deletions of paragraphs 
(c)(2) and (c)(5). 
Proposed sec.335.24(g) contains reference corrections and a streamlining 
technical correction relating to spent lead-acid batteries being reclaimed. 
First, the phrase "except as provided in subsection (h) of this section," is 
proposed to be deleted and substituted with a sentence at the end of subsection 
(g) which has the same meaning, but is more straightforward, as follows: 
"Recyclable materials listed in subsections (b)(4) and (c)(2) remain subject to 
the requirements of subsection (h) of this section." Next, the proposed 
reference to (b)(4), which is a reference to spent lead-acid batteries being 
reclaimed, is added to the parenthetical phrase excluding certain recyclable 
materials from the requirements of subsection (g) to clarify what the commission 
believes is the intent of the existing rule. The current wording indicates that, 
except as provided in subsection (h), recyclable materials remain subject to the 
requirements of sec.sec.335.4, 335.6, and 335.9 - 335.15. Then, existing 
subsection (h) provides that recyclable materials listed in subsection (b)(4) 
and subsection (c)(2) and (3) remain subject to the requirements of 
sec.sec.335.4 and 335.6. Without the proposed addition of (b)(4) to the 
parenthetical phrase excluding certain recyclable materials from subsection (g), 
it could be interpreted that subsection (g), as well as subsection (h) applies 
to spent lead-acid batteries being reclaimed. The intent of the existing rule is 
that the requirements of subsection (h), and not subsection (g), should apply to 
spent lead-acid batteries being reclaimed. Finally, sec.335.24(g) is proposed to 
be corrected by replacing the reference to subsection (c)(3) - (7) with (c)(2) - 
(5) to properly reflect the proposed deletions of subsections (c)(2) and (5). 
Proposed sec.335.24(h) contains a reference correction and a streamlining 
technical amendment relating to spent lead-acid batteries being reclaimed. 
First, the reference to recyclable materials listed in subsection (c)(2) and (3) 
is proposed to be changed to refer to only subsection (c)(2), because the 
existing subsection (c)(2) is proposed for deletion, and the "new" (i.e., 
proposed) subsection (c)(2) was the "old" (i.e., existing) subsection (c)(3). 
Next, the commission proposes changes to subsection (h) to limit the referenced 
requirements of this subsection to sec.335.4 (relating to General Prohibitions), 
for spent lead-acid batteries being reclaimed, by proposing to delete the 
requirement for notification under sec.335.6. This proposed change would align 
the state rules more closely with the corresponding federal regulation at 40 CFR 
sec.266.80(a) and its state analog under sec.335.251, which do not require such 
notification, except for owners and operators who store certain lead-acid 
batteries before reclaiming them. Proposed sec.335.24(j) is a conforming change 
to reflect the federal regulation at 40 CFR sec.261.6(a)(4), concerning the 
applicability of requirements for used oil that is recycled and is also a 
hazardous waste solely because it exhibits a hazardous characteristic, 
originally promulgated at 57 FedReg 41612 on September 10, 1992. In a simliar 
vein of updating state rules to appropriately address federal requirements, 
proposed sec.335.24(k) is a conforming change to reflect the federal regulation 
at 40 CFR sec.261.6(d), concerning the applicability of 40 CFR Parts 264 and 
265, Subparts AA and BB to facilities subject to hazardous waste permitting 
requirements with hazardous waste recycling units, originally promulgated at 55 
FedReg 25493 on June 21, 1990. Proposed sec.335.24(l) is a conforming change to 
reflect the federal requirements at 40 CFR sec.261.6(a)(5) concerning hazardous 
waste exports to or imports from designated member countries of the Organization 
for Economic Cooperation and Development, as promulgated by the EPA at 61 FedReg 
16290 on April 12, 1996. Finally, sec.335.24 is proposed to be amended at 
sec.335.24(m) with a reference to other portions of Chapter 335 that relate to 
solid wastes that are recycled. 
Proposed sec.335.29 relates to adoption of appendices by reference, and contains 
updates to the adoptions of 40 CFR Part 261 Appendices VII and VIII, under 
sec.335.29(4) and (5), as promulgated by the EPA in the regulations concerning 
carbamate production identification and listing of hazardous waste at 60 FedReg 
7824 on February 9, 1995 and 60 FedReg 19165 on April 17, 1995, respectively. 
Proposed sec.335.31 relates to incorporation of references, and contains updates 
to references contained in 40 CFR sec.260.11, as amended and adopted in the Code 
of Federal Regulations through June 13, 1997, at 62 FedReg 32452. This proposed 
amendment would incorporate by reference the addition of new and revised methods 
as updates to "Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods," EPA Publication SW-846, Third Edition, and several deletions of 
obsolete methods. 
Proposed sec.335.41(j) relates to applicability of hazardous waste rules to 
universal wastes, universal waste handlers, and universal waste transporters, 
and is a conforming change to reflect 40 CFR sec.sec.261.9, 264.1(g)(11), and 
265.1(c)(14), promulgated by the EPA at 60 FedReg 25492 on May 11, 1995. This 
proposed subsection basically states that Subchapters B-F and O of Chapter 335, 
and Chapter 305 do not apply to universal wastes, universal waste handlers, or 
universal waste transporters, except as provided by sec.335.261 of this title 
(relating to Universal Waste Rule). 
Proposed sec.335.61 in Subchapter C (relating to Standards Applicable to 
Generators of Hazardous Waste) provides rules concerning quantity determinations 
that must be used to determine the applicability of provisions of Subchapter C 
that are dependent on calculations of the quantity of hazardous waste generated 
per month, and is a conforming change to reflect 40 CFR sec.262.10(b), 
promulgated by the EPA at 60 FedReg 25492 on May 11, 1995. 
Proposed sec.335.62 contains an added sentence which states that generators of 
hazardous waste must refer to Chapter 335 and to 40 CFR Parts 261, 264, 265, 
266, 268, and 273 for possible exclusions or restrictions which may be 
applicable to management of the specific waste, which is a conforming change to 
reflect 40 CFR sec.262.11(d), promulgated by the EPA at 60 FedReg 25492 on May 
11, 1995. 
Proposed sec.335.76 relates to additional requirements applicable to 
international shipments, and is proposed to be amended in several subsections to 
account for changes in the corresponding federal regulations, as published by 
the EPA in the OECD promulgation of April 12, 1996. Proposedsec.335.76(a) 
updates the reference to 40 CFR sec.262.58, as amended and adopted through April 
12, 1996, at 61 FedReg 16289. Proposed sec.335.76(b)(1) updates the reference to 
40 CFR sec.262.53, as amended and adopted through April 12, 1996, at 61 FedReg 
16289. Proposed sec.335.76(f) updates the reference to 40 CFR sec.262.58, as 
amended and adopted through April 12, 1996, at 61 FedReg 16289. Proposed 
sec.335.76(h) states that transfrontier shipments of hazardous waste for 
recovery within the OECD are subject to 40 CFR Part 262, Subpart H, which is 
proposed to be adopted by reference as amended and adopted through April 12, 
1996, at 61 FedReg 16289. 
Proposed sec.335.78 relates to special requirements for hazardous waste 
generated by conditionally exempt small quantity generators. Proposed 
sec.335.78(b) contains corrections to refer to the appropriate chapters and 
correction of the conjunction from "and" to "or." Proposed sec.335.78(c) and 
sec.335.78(c)(1)-(6) contain changes conforming to the corresponding federal 
regulation, sec.261.5(c), as published by the EPA in the universal waste rule 
promulgation at 60 FedReg 25492 on May 11, 1995. Also, proposed sec.335.78(c)(1) 
has the added parenthetical abbreviation "CFR" for "Code of Federal 
Regulations," and "CFR" is proposed throughout the rest of sec.335.78 to replace 
the longer term, for the sake of brevity. Proposed sec.335.78(e) and 
sec.335.78(f)(2) contain corrections to refer to the appropriate chapters. 
Proposed sec.335.78(f)(3)(D) and (E) contain revisions to conform to the federal 
regulations concerning disposal options under Subtitle D for conditionally 
exempt small quantity generators of acute hazardous waste, promulgated by the 
EPA at 61 FedReg 34252 on July 1, 1996. These proposed changes would reflect 
changes to 40 CFR sec.261.5 which add requirements that, in order to be excluded 
from full regulation under this section, acute hazardous wastes generated in 
quantities equal to or less than one kilogram per month, or residue or 
contaminated soil, waste, or other debris resulting from the clean-up of a spill 
in quantities equal to or less than 100 kilograms per month, or hazardous waste 
generated in quantities of less than 100 kilograms per month, the generator must 
ensure delivery of the wastes to a municipal solid waste landfill that is 
subject to 40 CFR Part 258 or equivalent or more stringent rules under 30 TAC 
Chapter 330, concerning municipal solid waste; or to a non-municipal or 
industrial non-hazardous solid waste landfill that is subject to the 
requirements of sec.257.5 through sec.257.30 of 40 CFR Part 257 or equivalent or 
more stringent counterpart regulations that may be adopted by the commission 
concerning additional requirements for industrial non-hazardous waste disposal 
units that may receive hazardous waste from conditionally exempt small quantity 
generators. Proposed sec.335.78(f)(3)(F) is the newly designated subparagraph 
for existing subparagraph (E). Proposed sec.335.78(f)(3)(G) is a revision to 
conform to the federal regulations requiring conditionally exempt small quantity 
generators, who generate acute hazardous waste that is universal waste managed 
under the universal waste rules, to ensure that the waste is managed by or 
delivered to a universal waste handler or destination facility subject to the 
requirements of the universal waste rule. Proposed sec.335.78(g)(2) contains 
corrections to refer to the appropriate chapters. Proposed sec.335.78(g)(3)(D) 
and (E) contain revisions to conform to the federal regulations concerning 
disposal options under Subtitle D for conditionally exempt small quantity 
generators of hazardous waste, promulgated by the EPA at 61 FedReg 34252 on July 
1, 1996. Proposed sec.335.78(g)(3)(G) is a revision to conform to the federal 
regulations requiring conditionally exempt small quantity generators, who 
generate hazardous waste that is universal waste managed under the universal 
waste rules, to ensure that the waste is managed by or delivered to a universal 
waste handler or destination facility subject to the requirements of the 
universal waste rule. 
Proposed sec.335.91(e) relates to the scope of standards applicable to 
transporters of hazardous waste, and contains language reflecting the federal 
regulations requiring compliance with 40 CFR Part 262, Subpart H for certain 
transporters of hazardous waste that is being imported from or exported to any 
of the member countries of the OECD for purposes of recovery, reflecting 40 CFR 
sec.263.10(d) as promulgated by the EPA at 61 FedReg 16290 on April 12, 1996. 
Proposed sec.335.112 relates to interim standards for owners and operators of 
hazardous waste storage, processing, or disposal facilities. The proposed 
revision to sec.335.112(a)(1) concerns the OECD rules promulgated by the EPA, 
and is proposed to be updated to include adoption by reference of the 40 CFR 
Part 265, Subpart B general facility standards, as amended through April 12, 
1996, at 61 FedReg 16290. This proposed revision incorporates changes at 40 CFR 
sec.265.12(a) concerning required notices. Proposed sec.335.112(a)(19) contains 
an update to the adoption by reference of the 40 CFR Part 265, Subpart AA air 
emission standards for process vents, as amended through June 13, 1997, at 62 
FedReg 32452. This proposed revision incorporates changes at 40 CFR sec.265.1034 
concerning test methods and procedures, replacing references to Method 8240 with 
references to Method 8260 of "Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods," EPA Publication SW-846. Proposed sec.335.112(a)(20) 
contains an update to the adoption by reference of the 40 CFR Part 265, Subpart 
BB air emission standards for equipment leaks, as amended through June 13, 1997, 
at 62 FedReg 32452. This proposed revision incorporates changes at 40 CFR 
sec.265.1063 concerning test methods and procedures, replacing the reference to 
Method 8240 with reference to Method 8260 of "Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods," EPA Publication SW-846. 
Proposed sec.335.114 relates to reporting requirements. Proposed 
sec.335.114(a)(3) contains a correction of the name of the agency from "TWC" to 
"TNRCC." Proposed sec.335.114(a)(6) contains the added "(CFR)" and corrections 
to update the reference to 40 CFR sec.265.142, as amended and adopted through 
August 18, 1992, at 57 FedReg 37194, concerning closure cost estimates. In 
addition, sec.335.114(a)(6) contains a revised and more precise reference to the 
Federal Register promulgation of regulations under 40 CFR sec.265.144 concerning 
post-closure cost estimates. 
Proposed sec.335.152 relates to permitting standards for owners and operators of 
hazardous waste management facilities. The proposed revision to 
sec.335.152(a)(1) concerns the OECD rules promulgated by the EPA, and is 
proposed to be updated to include adoption by reference of the 40 CFR Part 264, 
Subpart B general facility standards, as amended through April 12, 1996, at 61 
FedReg 16290. This proposed revision incorporates changes at 40 CFR 
sec.265.12(a) concerning required notices. Proposed sec.335.152(a)(17) contains 
an update to the adoption by reference of the 40 CFR Part 264, Subpart AA air 
emission standards for process vents, as amended through June 13, 1997, at 62 
FedReg 32452. This proposed revision incorporates changes at 40 CFR sec.264.1034 
concerning test methods and procedures, replacing references to Method 8240 with 
references to Method 8260 of "Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods," EPA Publication SW-846. Proposed sec.335.152(a)(18) 
contains an update to the adoption by reference of the 40 CFR Part 264, Subpart 
BB air emission standards for equipment leaks, as amended through June 13, 1997, 
at 62 FedReg 32452. This proposed revision incorporates changes at 40 CFR 
sec.264.1063 concerning test methods and procedures, replacing the reference to 
Method 8240 with reference to Method 8260 of "Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods," EPA Publication SW-846. Section 
335.152(a)(20) is a proposed amendment to the adoption by reference of 40 CFR 
Part 264, Appendix IX, incorporating revisions to Footnote No. 5, as amended 
through June 13, 1997, at 62 FedReg 32452. 
Proposed sec.335.154 relates to reporting requirements for owners and operators. 
Proposed sec.335.154(a)(5) contains the added "(CFR)" and corrections to update 
the reference to 40 CFR sec.264.142, as amended and adopted through August 18, 
1992, at 57 FedReg 37194, concerning closure cost estimates, and the reference 
to 40 CFR sec.264.144, as amended and adopted through December 10, 1987, at 52 
FedReg 46946, concerning post-closure cost estimates.
Proposed sec.335.156 relates to applicability of groundwater monitoring and 
response. Proposed sec.335.156(a)(2) contains a correction to reinstate the 
following language previously inadvertently striken: "for purposes of detecting, 
characterizing, and responding to releases to the uppermost aquifer. The 
financial responsibility requirements of sec.335.167 of this title (relating to 
Corrective Action for Solid Waste Management Units)." This proposed change would 
reflect the federal regulations under 40 CFR sec.264.90(a)(2). 
Proposed sec.335.211 relates to applicability of standards for the management of 
recyclable materials used in a manner constituting disposal. Proposed 
sec.335.211(c) contains an exception to the exemption under sec.335.211(b), 
stating that the following uses remain subject to regulation: "Anti-skid/deicing 
uses of slags, which are generated from high temperature metals recovery (HTMR) 
processing of hazardous waste K061, K062, and F006, in a manner constituting 
disposal." This proposed amendment reflects the removal of the conditional 
exemption for certain slag residues under 40 CFR sec.266.20(c), as promulgated 
by the EPA at 59 FedReg 43496 on August 24, 1994. 
Proposed sec.335.213 and sec.335.214(a) contain corrections to refer to the 
appropriate chapters. 
Proposed sec.335.221 relates to applicability and standards concerning hazardous 
waste burned for energy recovery. Proposed sec.335.221(a) contains an update to 
the adoption by reference of 40 CFR Part 266, as amended and adopted in the CFR 
through June 13, 1997, at 62 FedReg 32452. This proposed update reflects certain 
federal regulations published at 59 FedReg 47980 on September 19, 1994; 60 
FedReg 33912 on June 29, 1995; and 62 FedReg 32451 on June 13, 1997. The changes 
proposed to be incorporated from the September 19, 1994 promulgation conform to 
the land disposal restrictions Phase II in 40 CFR sec.266.100(c) and 40 CFR Part 
266, Appendix XIII. The changes proposed to be incorporated from the June 29, 
1995 promulgation relate to the removal of certain legally obsolete rules. 
Legally obsolete rule at 40 CFR sec.266.104(f) were removed, relating to 
alternative hydrocarbon limit for furnaces with organic matter in raw material. 
On February 21, 1991, EPA issued standards for boilers and industrial furnaces 
(BIFs) burning hazardous wastes. Among other things, these standards required 
BIFs to meet one of three alternative emission standards for carbon monoxide. 
One of these alternative standards, set forth in 40 CFR sec.266.104(f), was 
designed to address situations where organic matter in the non-waste feed to an 
industrial furnace made it difficult for the facility to meet one of the other 
two alternatives. On February 22, 1994, in Horsehead Resource Development Co. v. 
Browner, 16 F.3d 1246 (D.C. Cir. 1994), cert. denied sub nom. Cement Kiln 
Recycling Coalition v. Browner , 115 U.S. 72 (1994), a Federal appeals court 
ruled that EPA had failed to follow proper rulemaking prodedures in issuing this 
standard and vacated. Accordingly, EPA has removed this standard and all 
references to this standard from the Code of Federal Regulations. This proposal 
reflects that removal. The proposed change at sec.335.221(a)(15) reflects the 
removal of 40 CFR sec.266.104(f), insofar as the existing reference to 
sec.266.104(i) is proposed to be corrected to sec.266.104(h). The changes 
proposed to be incorporated from the July 13, 1997 promulgation relate to 
testing and monitoring regulations at 40 CFR sec.sec.266.104(e), 266.106(g), 
266.107(f), and Part 266 Appendix IX. Proposed sec.335.221(b)(2) contains a 
reference correction from sec.335.24(c)(4)-(7) to sec.335.24(c)(3)-(5) for the 
following reasons. Under the recovered oil exclusion at 59 FedReg 38536 (July 
28, 1994), EPA removed the exclusion from the requirements for recyclable 
materials for certain recovered used oils (i.e., 40 CFR sec.261.6(a)(3)(v)), 
because the recovered oil exclusion was rewritten as an exclusion from the 
definition of solid waste. In other words, since the recovered oil is no longer 
a solid waste, it does not meet the definition of a hazardous waste or a 
recyclable material. Consequently, the exclusion from the requirements for 
recyclable materials is not needed. Then, under the universal waste rule at 60 
FedReg 25492 (May 11, 1995), EPA removed the exclusion for used batteries that 
are to be regenerated (i.e., 40 CFR sec.261.6(a)(3)(ii)), and added a provision 
in the universal waste rules that facilities regenerating used batteries are 
subject to the part 273 standards. The impact of these changes on the state 
rules is that, since the recovered oil exclusion necessitated the removal of 
sec.335.24(c)(5) and the universal waste rules necessitated the removal of 
sec.335.24(c)(2), what was sec.335.24(c)(4)-(7) is now sec.335.24(c)(3)-(5) 
under this proposal. 
Proposed sec.335.241 relates to applicability and requirements concerning 
recyclable materials utilized for precious metal recovery. Proposed 
sec.335.241(b)(4) contains referenced requirements for precious metals that are 
exported or imported for recovery, and reflects the federal regulation at 40 CFR 
sec.266.70(b)(3) as published by the EPA at 61 FedReg 16290 on April 12, 1996. 
Proposed sec.335.241(d) contains corrections to refer to the appropriate 
chapters. 
Proposed sec.335.251 relates to applicability and requirements concerning spent 
lead-acid batteries being reclaimed. Proposed sec.335.251(a) contains 
corrections to refer to the appropriate chapters, and contains conforming 
changes to reflect the federal universal waste rule promulgation at 60 FedReg 
25492 on May 11, 1995 concerning the 40 CFR sec.266.80(a) exemption for persons 
who regenerate spent batteries or who store spent batteries that are to be 
regenerated. Proposed sec.335.251(b) shows a similar exemption, reflecting 40 
CFR sec.266.80(b), for persons who store spent batteries that are to be 
regenerated. Proposed sec.335.251(b)(2) contains corrections to refer to the 
appropriate chapters. 
Proposed sec.335.261 relates to the Universal Waste Rule. Certain proposed 
amendments to sec.335.261 are conforming changes necessary to reflect the 
federal regulations as promulgated at 60 FedReg 25492 on May 11, 1995. One such 
conforming change is the proposed amended language within sec.335.261(a) which 
state that "This section establishes requirements for managing universal wastes 
as defined in this section, and provides an alternative set of management 
standards in lieu of regulation, except as provided in this section, under all 
otherwise applicable chapters under Title 30 Texas Administrative Code." This 
conforming change is necessary to appropriately reflect 40 CFR sec.273.1, 
relating to scope. Proposed sec.335.261(a) also contains an update to the 
adoption by reference of 40 CFR Part 273, as amended and adopted through April 
12, 1996, at 61 FedReg 16289, which would adopt changes in the universal waste 
rule concerning exports and imports of hazardous waste to or from designated 
member countries of the OECD. Specifically, this proposed update would 
incorporate changes to 40 CFR sec.273.20, sec.273.40, sec.273.56, and 
sec.273.70. Under 40 CFR sec.273.20 and sec.273.40, the phrase "other than to 
those OECD countries specified in 40 CFR sec.262.58(a)(1) (in which case the 
handler is subject to the requirements of 40 CFR part 262, subpart H)" is 
inserted after "sends universal waste to a foreign destination." Under 40 CFR 
sec.273.56, the phrase "other than to those OECD countries specified in 40 CFR 
sec.262.58(a)(1) (in which case the transporter is subject to the requirements 
of 40 CFR Part 262, subpart H)" is inserted after "transporting a shipment of 
universal waste to a foreign destination." Under 40 CFR sec.273.70, the phrase 
"as indicated in paragraphs (a) through (c) of this section" is added to the 
introductory text, and a new subsection (d) is added, which states "Persons 
managing universal waste that is imported from an OECD country as specified in 
40 CFR sec.262.58(a)(1) are subject to paragraphs (a) through (c) of this 
section, in addition to the requirements of 40 CFR Part 262, subpart H." 
Proposed sec.335.261(b) contains an exception from the adoption by reference of 
sec.273.1, because the requirements of this section relating to scope have been 
proposed in sec.335.261(a), written in language to accomodate or "fit" the state 
rules. Proposed sec.335.261(b)(13) contains amendments to incorporate the 
following definitions, which are essentially equivalent to the corresponding 
federal regulations under 40 CFR sec.273.6, but which need to be proposed with 
changes to the wording of the corresponding federal definitions to in order to 
properly "fit" the state rules: "Destination Facility;" "Generator;" "Large 
Quantity Handler of Universal Waste;" "Small Quantity Handler of Universal 
Waste;" "Thermostat;" and "Universal Waste." Under the proposed definition of 
"Destination Facility," compared to the federal definition, the phrase "as 
adopted by reference in this section" has been added immediately following "40 
CFR sec.273.13(a) and (c) and 40 CFR sec.273.33(a) and (c)." The proposed 
definition of "Generator" is essentially the same as the federal definition, 
except that "40 CFR Part 261" is substituted for "part 261 of this chapter." 
Under "Large Quantity Handler of Universal Waste,"compared to the federal 
definition, the proposed definition has minor editorial changes to make the 
definition more understandable and substitutes the phrase "as defined in this 
section" for the phrase "batteries, pesticides, or thermostats" after the term 
"universal waste." Under "Small Quantity Handler of Universal Waste," compared 
to the federal definition, the proposed definition has minor editorial changes 
to make the definition more understandable and substitutes the phrase "as 
defined in this section" for the phrase "batteries, pesticides, or thermostats" 
after the term "universal waste." Under "Thermostat," compared to the federal 
definition, the phrase "as adopted by reference in this section" has been added 
in the proposed definition immediately following "40 CFR sec.273.13(c)(2) or 40 
CFR sec.273.33(c)(2)." Under "Universal Waste," compared to the federal 
definition, the phrase "of this section" is substituted in the proposed 
definition for the phrase "40 CFR part 273." Note that the federal definitions 
for "Battery;" "FIFRA;" "On-site;" "Pesticide;" "Universal Waste Transfer 
Facility;" "Universal Waste Handler;" and "Universal Waste Transporter" do not 
need revision to accomodate state rules, and thus are proposed to be adopted by 
reference under sec.335.261(a) with no changes spelled out under proposed 
sec.335.261(b) concerning adoption with changes. 
Proposed sec.335.261(d) contains a change of the phrase "40 CFR part 273, as 
adopted by reference in this section" to "this section" to be more concise and 
accurate. 
Proposed sec.335.431 relates to purpose, scope, and applicability of land 
disposal restrictions. Section 335.431(b)(3) is proposed as a conforming change 
to reflect 40 CFR sec.268.1(f), as promulgated in the universal waste rule 60 
FedReg 25492 on May 11, 1995, and is an exemption from the requirements of 40 
CFR sec.268.7 and sec.268.50 for universal waste handlers and universal waste 
transporters. Proposed sec.335.431(c)(1) and (3) are conforming changes to adopt 
the federal land disposal restrictions by reference, except as provided in 
proposed sec.335.431(c)(2) and subject to the changes indicated in 
sec.335.431(d), as amended through May 12, 1997, in 62 FedReg 25998. Proposed 
sec.335.431(c)(2) excepts out 40 CFR sec.268.1(f) because it has been proposed 
as an exemption under sec.335.431(b)(3), and adoption by reference is neither 
needed nor appropriate. Proposed sec.335.431(c)(2) also contains the deletion of 
the exceptions for 40 CFR sec.sec.268.10-12 because these sections were deleted 
from the CFR at 61 FedReg 15566. The following are descriptions of the federal 
regulations which would be adopted by the aforementioned proposal to adopt the 
federal land disposal restrictions (LDRs) by reference, as amended through May 
12, 1997. Phase III of the federal LDRs is included, and this phase as proposed 
for adoption was promulgated by the EPA on five different dates in the Federal 
Register. First, at 61 FedReg 15566, published on April 8, 1996, the following 
sections, tables, and appendix were revised or removed as follows: 40 CFR 
sec.sec.268.1(e), 268.2, 268.3, 268.7(a)(1)-(3), 268.7(b); removal of 
sec.sec.268.8, 268.10, 268.11, and 268.12; sec.sec.268.39, 268.40, 268.42 Table 
1, 268.48(a) Table UTS, and Appendix XI. Second, at 61 FedReg 19117, published 
on April 30, 1996, 40 CFR sec.268.39 was revised. Third, at 61 FedReg 33680, 
published on June 28, 1996, the following sections were revised: 40 CFR 
sec.sec.268.1(c), 268.2, 268.3, 268.39, 268.40, and 268.48. Fourth, at 61 FedReg 
36419, published on July 10, 1996, 40 CFR sec.268.40 was revised. Fifth, at 62 
FedReg 7502, published February 19, 1997, 40 CFR sec.268.40 and sec.268.48 were 
revised. Phase IV of the federal LDRs is also included and this phase as 
proposed for adoption was published on May 12, 1997 in the Federal Register. The 
following sections and appendices were revised or removed at 62 FedReg 25998: 40 
CFR sec.sec.268.1(e), 268.4, 268.7(a)(1)-(9), 268.7(b)-(c), 268.9, 268.30; 
removal of sec.sec.268.32-36; sec.268.40, Part 268 Appendices VI, VII, VIII, and 
removal of Part 268 Appendices I, II, III, and X.
FISCAL NOTE
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections as proposed are in effect, 
there will be no significant fiscal implications for state or local government 
as a result of administration or enforcement of the sections.
PUBLIC BENEFIT
Mr. Minick has also determined that for the first five years the sections as 
proposed are in effect the public benefit anticipated as a result of enforcement 
of and compliance with the sections will be simplification of existing 
regulations, enhanced consistency between federal and state waste regulatory 
requirements, more cost-effective regulation of waste management activities, and 
improvements in the management of hazardous waste and hazardous waste 
facilities. The proposed amendments generally incorporate existing federal 
regulations and certain streamlining and administrative provisions and correct 
typographical and cross-reference errors. There are no significant economic 
costs anticipated to any person, including any small business, required to 
comply with the sections as proposed because the regulation is a promulgation 
under the Hazardous and Solid Waste Amendments of 1984 (HSWA) and, as such, the 
U.S. EPA is implementing the regulation. Therefore, there are no additional 
costs incurred by affected owners and operators because they are already having 
to comply with this rule, if applicable to them. 
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirements of Texas Government Code, sec.2001.0225, and has 
determined that the rulemaking is not subject to sec.2001.0225 because it does 
not meet the definition of a "major environmental rule" as defined in the act. 
Furthermore, it does not meet any of the four applicability requirements listed 
in sec.2001.0225(a). 
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment for these rules pursuant 
to Texas Government Code Annotated sec.2007.043. The following is a summary of 
that assessment. The specific purpose of the proposed rules is to ensure that 
Texas' state hazardous waste rules are equivalent to the federal regulations 
after which they are patterned, thus enabling the state to retain authorization 
to operate its own hazardous waste program in lieu of the corresponding federal 
program; to provide streamlining and regulatory reform provisions; and to make 
typographical and administrative revisions designed to clarify certain rule 
language, to correct references to the Code of Federal Regulations, and to 
correct other technical errors within the rules, including reinstating rule 
language which was previously inadvertently deleted and correcting cross 
references. The proposed rules will substantially advance this stated purpose by 
adopting federal regulations by reference or by introducing language intended to 
ensure that state rules are equivalent to the corresponding federal regulations; 
by incorporating certain streamlining and regulatory reform elements such as the 
proposed changes to subsection sec.335.24(h) to limit the referenced 
requirements of this subsection to sec.335.4 (relating to General Prohibitions) 
for spent lead-acid batteries being reclaimed; by reforming the rules in several 
areas by adding references to portions of Chapter 335 that relate to solid 
wastes that are recycled; and by making administrative corrections, including 
reinstatement of rule language and cross-reference corrections. Promulgation and 
enforcement of these rules will not affect private real property which is the 
subject of the rules because the proposed language consists of technical 
corrections and updates to bring certain state hazardous waste regulations into 
equivalence with more recent federal regulations, as well as language which 
represents rule reform or streamlining of certain requirements. The subject 
regulations do not affect a landowners rights in private real property. 
COASTAL MANAGEMENT PROGRAM
The commission has reviewed the proposed rulemaking and found that the proposal 
is a rulemaking subject to the Coastal Management Program (CMP) and must be 
consistent with all applicable goals and policies of the CMP. The commission has 
prepared a consistency determination for the proposed rule pursuant to 31 TAC 
sec.505.22 and has found that the proposed rulemaking is consistent with the 
applicable CMP goals and policies. The following is a summary of that 
determination. The CMP goal applicable to the proposed rulemaking is the goal to 
protect, preserve, restore, and enhance the diversity, quality, quantity, 
functions, and values of coastal natural resource areas (CNRAs). Applicable 
policies are construction and operation of solid waste treatment, storage, and 
disposal facilities, such that new solid waste facilities and areal expansions 
of existing solid waste facilities shall be sited, designed, constructed, and 
operated to prevent releases of pollutants that may adversely affect CNRAs and, 
at a minimum, comply with standards established under the Solid Waste Disposal 
Act, 42 United States Code Annotated, sec.sec.6901 et seq. Promulgation and 
enforcement of this rule is consistent with the applicable CMP goals and 
policies because the proposed rule amendments will comply with the standards 
under the Solid Waste Disposal Act. The commission invites public comment on the 
consistency of the proposed rule. 
SUBMITTAL OF COMMENTS
Written comments may be submitted by mail to Bettie Bell, Office of Policy and 
Regulatory Development, MC-205, P.O. Box 13087, Austin, Texas 78711-3087; or by 
fax at (512) 239-4808. All comments must be received by July 20, 1998 and should 
reference Rule Log No. 98008-335-WS. Comments received by 5:00 p.m. on that date 
will be considered by the commission prior to any final action on the proposal. 
For further information, please contact Ray Henry Austin at (512) 239-6814. 

SUBCHAPTER A. Industrial Solid Waste and Municipal Hazardous Waste in General
30 TAC sec.sec.335.1, 335.2, 335.6, 335.11-335.13, 335.17-335.19, 335.21, 
335.23, 335.24, 335.29, 335.31
STATUTORY AUTHORITY The amendments are proposed under Texas Water Code sec.5.103 
and sec.5.105, which provide the commission with the authority to adopt any 
rules necessary to carry out its powers and duties under the provisions of the 
Texas Water Code or other laws of this state; and under Texas Health and Safety 
Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorize the 
commission to regulate industrial solid waste and municipal hazardous waste and 
to adopt rules consistent with the general intent and purposes of the Act. 
The proposed amendments and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.1. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly requires otherwise. 
<nl>(1)<ol> Aboveground tank - A device meeting the definition of tank in this 
section and that is situated in such a way that the entire surface area of the 
tank is completely above the plane of the adjacent surrounding surface and the 
entire surface area of the tank (including the tank bottom) is able to be 
visually inspected. 
<nl>(2)<ol> Act - The Solid Waste Disposal Act, Texas Health and Safety Code, 
Chapter 361 (Vernon Pamphlet 1992). 
<nl>(3)<ol> Active life - The period from the initial receipt of hazardous waste 
at the facility until the executive director receives certification of final 
closure. 
<nl>(4)<ol> Active portion - That portion of a facility where processing, 
storage, or disposal operations are being or have been conducted after November 
19, 1980, and which is not a closed portion. (See also "closed portion" and 
"inactive portion.") 
<nl>(5)<ol> Activities associated with the exploration, development, and 
protection 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 or 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 or gas or 
geothermal resources; 
(iii) activities associated with gasoline plants, natural gas or natural gas 
liquids processing plants, pressure maintenance plants, 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 the Texas Natural Resources Code, sec.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 the Texas Natural Resources Code, sec.91.173; 
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, except for waste generated in 
connection with activities associated with gasoline plants, natural gas or 
natural gas liquids processing plants, pressure maintenance plants, or 
repressurizing plants if that waste is a hazardous waste as defined by the 
administrator of the United States Environmental Protection Agency (EPA) 
pursuant to the Federal Solid Waste Disposal Act, as amended (42 United States 
Code, sec.6901 <nl>et<ol> <nl>seq.<ol> ). 
<nl>(6)<ol> Administrator - The administrator of the United States Environmental 
Protection Agency or his designee. 
<nl>(7)<ol> Ancillary equipment - Any device including, but not limited to, such 
devices as piping, fittings, flanges, valves, and pumps, that is used to 
distribute, meter, or control the flow of hazardous waste from its point of 
generation to a storage or processing tank(s), between hazardous waste storage 
and processing tanks to a point of disposal on-site, or to a point of shipment 
for disposal off-site. 
<nl>(8)<ol> Aquifer - A geologic formation, group of formations, or part of a 
formation capable of yielding a significant amount of groundwater to wells or 
springs. 
<nl>(9)<ol> Authorized representative - The person responsible for the overall 
operation of a facility or an operation unit (i.e., part of a facility), e.g., 
the plant manager, superintendent, or person of equivalent responsibility. 
<nl>(10)<ol> Battery - <nl>Has the definition adopted under sec.335.261 of this 
title (relating to Universal Waste Rule).<ol> [A device consisting of one or 
more electrically connected electrochemical cells which is designed to receive, 
store, and deliver electric energy. An electrochemical cell is a system 
consisting of an anode, cathode, and an electrolyte, plus such connections 
(electrical and mechanical) as may be needed to allow the cell to deliver or 
receive electrical energy. The term battery also includes an intact, unbroken 
battery from which the electrolyte has been removed.]
<nl>(11)<ol> Boiler - An enclosed device using controlled flame combustion and 
having the following characteristics: 
(A) the unit must have physical provisions for recovering and exporting thermal 
energy in the form of steam, heated fluids, or heated gases; 
(B) the unit's combustion chamber and primary energy recovery section(s) must be 
of integral design. To be of integral design, the combustion chamber and the 
primary energy recovery section(s) (such as waterwalls and superheaters) must be 
physically formed into one manufactured or assembled unit. A unit in which the 
combustion chamber and the primary energy recovery section(s) are joined only by 
ducts or connections carrying flue gas is not integrally designed; however, 
secondary energy recovery equipment (such as economizers or air preheaters) need 
not be physically formed into the same unit as the combustion chamber and the 
primary energy recovery section. The following units are not precluded from 
being boilers solely because they are not of integral design: process heaters 
(units that transfer energy directly to a process stream), and fluidized bed 
combustion units; and 
(C) while in operation, the unit must maintain a thermal energy recovery 
efficiency of at least 60%, calculated in terms of the recovered energy compared 
with the thermal value of the fuel; and 
(D) the unit must export and utilize at least 75% of the recovered energy, 
calculated on an annual basis. In this calculation, no credit shall be given for 
recovered heat used internally in the same unit. (Examples of internal use are 
the preheating of fuel or combustion air, and the driving of induced or forced 
draft fans or feedwater pumps); or 
(E) the unit is one which the executive director has determined, on a case-by-
case basis, to be a boiler, after considering the standards in sec.335.20 of 
this title (relating to Variance to be Classified as a Boiler). 
<nl>(12)<ol> Carbon regeneration unit - Any enclosed thermal treatment device 
used to regenerate spent activated carbon. 
<nl>(13)<ol> Certification - A statement of professional opinion based upon 
knowledge and belief. 
<nl>(14)<ol> Class 1 wastes - Any industrial solid waste or mixture of 
industrial solid wastes which because of its concentration, or physical or 
chemical characteristics, is toxic, corrosive, flammable, a strong sensitizer or 
irritant, a generator of sudden pressure by decomposition, heat, or other means, 
or may pose a substantial present or potential danger to human health or the 
environment when improperly processed, stored, transported, or disposed of or 
otherwise managed, as further defined in sec.335.505 of this title (relating to 
Class 1 Waste Determination). Class 1 waste is also referred to throughout this 
chapter as Class I waste. 
<nl>(15)<ol> Class 2 wastes - Any individual solid waste or combination of 
industrial solid waste which cannot be described as Hazardous, Class 1 or Class 
3 as defined in sec.335.506 of this title (relating to Class 2 Waste 
Determination). Class 2 waste is also referred to throughout this chapter as 
Class II waste. 
<nl>(16)<ol> Class 3 wastes - Inert and essentially insoluble industrial solid 
waste, usually including, but not limited to, materials such as rock, brick, 
glass, dirt, and certain plastics and rubber, etc., that are not readily 
decomposable, as further defined in sec.335.507 of this title (relating to Class 
3 Waste Determination). Class 3 waste is also referred to throughout this 
chapter as Class III waste. 
<nl>(17)<ol> Closed portion - That portion of a facility which an owner or 
operator has closed in accordance with the approved facility closure plan and 
all applicable closure requirements. (See also "active portion" and "inactive 
portion.") 
<nl>(18)<ol> Closure - The act of permanently taking a waste management unit or 
facility out of service. 
<nl>(19)<ol> Commercial hazardous waste management facility - Any hazardous 
waste management facility that accepts hazardous waste or PCBs for a charge, 
except a captured facility or a facility that accepts waste only from other 
facilities owned or effectively controlled by the same person, where "captured 
facility" means a manufacturing or production facility that generates an 
industrial solid waste or hazardous waste that is routinely stored, processed, 
or disposed of on a shared basis in an integrated waste management unit owned, 
operated by, and located within a contiguous manufacturing complex. 
<nl>(20)<ol> Component - Either the tank or ancillary equipment of a tank 
system. 
<nl>(21)<ol> Confined aquifer - An aquifer bounded above and below by 
impermeable beds or by beds of distinctly lower permeability than that of the 
aquifer itself; an aquifer containing confined groundwater. 
<nl>(22)<ol> Consignee - The ultimate treatment, storage, or disposal facility 
in a receiving country to which the hazardous waste will be sent. 
<nl>(23)<ol> Container - Any portable device in which a material is stored, 
transported, processed, or disposed of, or otherwise handled. 
<nl>(24)<ol> Containment building - A hazardous waste management unit that is 
used to store or treat hazardous waste under the provisions of 
sec.335.152(a)(19) or sec.335.112(a)(21) of this title (relating to Standards). 
<nl>(25)<ol> Contaminant - Includes, but is not limited to, "solid waste," 
"hazardous waste," and "hazardous waste constituent" as defined in this 
subchapter, "pollutant" as defined in the Texas Water Code, sec.26.001, and 
Texas Health and Safety Code, sec.361.431, "hazardous substance" as defined in 
the Texas Health and Safety Code, sec.361.003, and other substances that are 
subject to the Texas Hazardous Substances Spill Prevention and Control Act, 
Texas Water Code, sec.sec.26.261-26.268. 
<nl>(26)<ol> Contaminated medium/media - A portion or portions of the physical 
environment to include soil, sediment, surface water, ground water or air, that 
contain contaminants at levels that pose a substantial present or future threat 
to human health and the environment. 
<nl>(27)<ol> Contingency plan - A document setting out an organized, planned, 
and coordinated course of action to be followed in case of a fire, explosion, or 
release of hazardous waste or hazardous waste constituents which could threaten 
human health or the environment. 
<nl>(28)<ol> Control - To apply engineering measures such as capping or 
reversible treatment methods and/or institutional measures such as deed 
restrictions to facilities or areas with wastes or contaminated media which 
result in remedies that are protective of human health and the environment when 
combined with appropriate maintenance, monitoring, and any necessary further 
corrective action. 
<nl>(29)<ol> Corrective action management unit or CAMU - An area within a 
facility that is designated by the commission under 40 Code of Federal 
Regulations (CFR) Part 264, Subpart S, for the purpose of implementing 
corrective action requirements under sec.335.167 of this title (relating to 
Corrective Action for Solid Waste Management Units) and the Texas Solid Waste 
Disposal Act, Texas Health and Safety Code Annotated (Vernon Pamphlet 1993), 
sec.361.303 (concerning Corrective Action). A CAMU shall only be used for the 
management of remediation wastes pursuant to implementing such corrective action 
requirements at the facility. 
<nl>(30)<ol> Corrosion expert - A person who, by reason of his knowledge of the 
physical sciences and the principles of engineering and mathematics, acquired by 
a professional education and related practical experience, is qualified to 
engage in the practice of corrosion control on buried or submerged metal piping 
systems and metal tanks. Such a person must be certified as being qualified by 
the National Association of Corrosion Engineers (NACE) or be a registered 
professional engineer who has certification or licensing that includes education 
and experience in corrosion control on buried or submerged metal piping systems 
and metal tanks. 
<nl>(31)<ol> Decontaminate - To apply a treatment process(es) to wastes or 
contaminated media whereby the substantial present or future threat to human 
health and the environment is eliminated. 
<nl>(32)<ol> Designated facility - A Class I or hazardous waste storage, 
processing, or disposal facility which has received an EPA permit (or a facility 
with interim status) in accordance with the requirements of 40 Code of Federal 
Regulations, Parts 270 and 124; a permit from a state authorized in accordance 
with 40 Code of Federal Regulations Part 271 (in the case of hazardous waste); a 
permit issued pursuant to sec.335.2 of this title (relating to Permit Required) 
(in the case of nonhazardous waste); or that is regulated under sec.335.24(f), 
(g), or (h) of this title (relating to Requirements for Recyclable Materials and 
Nonhazardous Recyclable Materials) or sec.335.241 of this title (relating to 
Applicability and Requirements) and that has been designated on the manifest by 
the generator pursuant to sec.335.10 of this title (relating to Shipping and 
Reporting Procedures Applicable to Generators of Hazardous Waste or Class I 
Waste and Primary Exporters of Hazardous Waste). If a waste is destined to a 
facility in an authorized state which has not yet obtained authorization to 
regulate that particular waste as hazardous, then the designated facility must 
be a facility allowed by the receiving state to accept such waste. 
<nl>(33)<ol> Destination facility - <nl>Has the definition adopted under 
sec.335.261 of this title (relating to Universal Waste Rule). <ol> [A facility 
that treats, disposes, or recycles a particular category of universal waste, 
except those management activities described in 40 CFR 273.13(a) and (c) and 40 
CFR 273.33(a) and (c) as adopted by reference in sec.335.261 of this title 
(relating to Universal Waste Rule). A facility at which a particular category of 
universal waste is only accumulated is not a destination facility for purposes 
of managing that category of universal waste.] 
<nl>(34)<ol> Dike - An embankment or ridge of either natural or man-made 
materials used to prevent the movement of liquids, sludges, solids, or other 
materials. 
<nl>(35)<ol> Discharge or hazardous waste discharge - The accidental or 
intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping 
of waste into or on any land or water. 
<nl>(36)<ol> Disposal - The discharge, deposit, injection, dumping, spilling, 
leaking, or placing of any solid waste or hazardous waste (whether containerized 
or uncontainerized) into or on any land or water so that such solid waste or 
hazardous waste or any constituent thereof may enter the environment or be 
emitted into the air or discharged into any waters, including groundwaters. 
<nl>(37)<ol> Disposal facility - A facility or part of a facility at which solid 
waste is intentionally placed into or on any land or water, and at which waste 
will remain after closure. The term "disposal facility" does not include a 
corrective action management unit into which remediation wastes are placed. 
<nl>(38)<ol> Drip pad - An engineered structure consisting of a curbed, free-
draining base, constructed of a non-earthen materials and designed to convey 
preservative kick-back or drippage from treated wood, precipitation, and surface 
water run-on to an associated collection system at wood preserving plants. 
<nl>(39)<ol> Elementary neutralization unit - A device which: 
(A) is used for neutralizing wastes which are hazardous only because they 
exhibit the corrosivity characteristic defined in 40 CFR sec.261.22, or are 
listed in 40 CFR Part 261, Subpart D, only for this reason; or is used for 
neutralizing the pH of non-hazardous industrial solid waste; and 
(B) meets the definition of tank, tank system, container, transport vehicle, or 
vessel as defined in this section. 
<nl>(40)<ol> Environmental Protection Agency acknowledgment of consent - The 
cable sent to 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. 
<nl>(41)<ol> Environmental Protection Agency hazardous waste number - The number 
assigned by the EPA to each hazardous waste listed in 40 Code of Federal 
Regulations, Part 26l, Subpart D and to each characteristic identified in 40 
Code of Federal Regulations, Part 26l, Subpart C. 
<nl>(42)<ol> Environmental Protection Agency identification number - The number 
assigned by the EPA or the commission to each generator, transporter, and 
processing, storage, or disposal facility. 
<nl>(43)<ol> Essentially insoluble - Any material, which if representatively 
sampled and placed in static or dynamic contact with deionized water at ambient 
temperature for seven days, will not leach any quantity of any constituent of 
the material into the water in excess of current United States Public Health 
Service or EPA limits for drinking water as published in the Federal Register. 
<nl>(44)<ol> Equivalent method - Any testing or analytical method approved by 
the administrator under 40 Code of Federal Regulations sec.260.20 and 
sec.260.21. 
<nl>(45)<ol> Existing portion - That land surface area of an existing waste 
management unit, included in the original Part A permit application, on which 
wastes have been placed prior to the issuance of a permit. 
<nl>(46)<ol> Existing tank system or existing component - A tank system or 
component that is used for the storage or processing of hazardous waste and that 
is in operation, or for which installation has commenced on or prior to July 14, 
1986. Installation will be considered to have commenced if the owner or operator 
has obtained all federal, state, and local approvals or permits necessary to 
begin physical construction of the site or installation of the tank system and 
if either: 
(A) a continuous on-site physical construction or installation program has 
begun; or 
(B) the owner or operator has entered into contractual obligations--which cannot 
be canceled or modified without substantial loss--for physical construction of 
the site or installation of the tank system to be completed within a reasonable 
time. 
<nl>(47)<ol> Facility - Includes: 
(A) all contiguous land, and structures, other appurtenances, and improvements 
on the land, used for storing, processing, or disposing of municipal hazardous 
waste or industrial solid waste. A facility may consist of several storage, 
processing, or disposal operational units (e.g., one or more landfills, surface 
impoundments, or combinations of them; 
(B) for the purpose of implementing corrective action under sec.335.167 of this 
title (relating to Corrective Action for Solid Waste Management Units), all 
contiguous property under the control of the owner or operator seeking a permit 
for the storage, processing, and/or disposal of hazardous waste. This definition 
also applies to facilities implementing corrective action under the Texas Solid 
Waste Disposal Act, Texas Health and Safety Code Annotated (Vernon Pamphlet 
1993), sec.361.303 (relating to Corrective Action). 
<nl>(48)<ol> Final closure - The closure of all hazardous waste management units 
at the facility in accordance with all applicable closure requirements so that 
hazardous waste management activities under Subchapter E of this chapter 
(relating to Interim Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities) and Subchapter F of this chapter 
(relating to Permitting Standards for Owners and Operators of Hazardous Waste 
Storage, Processing or Disposal Facilities) are no longer conducted at the 
facility unless subject to the provisions in sec.335.69 of this title (relating 
to Accumulation Time). 
<nl>(49)<ol> Food-chain crops - Tobacco, crops grown for human consumption, and 
crops grown for feed for animals whose products are consumed by humans. 
<nl>(50)<ol> Freeboard - The vertical distance between the top of a tank or 
surface impoundment dike, and the surface of the waste contained therein. 
<nl>(51)<ol> Free liquids - Liquids which readily separate from the solid 
portion of a waste under ambient temperature and pressure. 
<nl>(52)<ol> Generator - Any person, by site, who produces municipal hazardous 
waste or industrial solid waste; any person who possesses municipal hazardous 
waste or industrial solid waste to be shipped to any other person; or any person 
whose act first causes the solid waste to become subject to regulation under 
this chapter. For the purposes of this regulation, a person who generates or 
possesses Class III wastes only shall not be considered a generator. 
<nl>(53)<ol> Groundwater - Water below the land surface in a zone of saturation. 
<nl>(54)<ol> Hazardous industrial waste - Any industrial solid waste or 
combination of industrial solid wastes identified or listed as a hazardous waste 
by the administrator of the EPA pursuant to the Resource Conservation and 
Recovery Act of 1976, sec.3001. The administrator has identified the 
characteristics of hazardous wastes and listed certain wastes as hazardous in 40 
Code of Federal Regulations Part 26l. The executive director will maintain in 
the offices of the commission a current list of hazardous wastes, a current set 
of characteristics of hazardous waste, and applicable appendices, as promulgated 
by the administrator. 
<nl>(55)<ol> Hazardous substance - Any substance designated as a hazardous 
substance under the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 40 Code of Federal Regulations, Part 302. 
<nl>(56)<ol> Hazardous waste - Any solid waste identified or listed as a 
hazardous waste by the administrator of the EPA pursuant to the federal Solid 
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 
United States Code 6901 et seq., as amended. 
<nl>(57)<ol> Hazardous waste constituent - A constituent that caused the 
administrator to list the hazardous waste in 40 Code of Federal Regulations Part 
261, Subpart D or a constituent listed in Table 1 of 40 Code of Federal 
Regulations sec.261.24. 
<nl>(58)<ol> Hazardous waste management facility - All contiguous land, 
including structures, appurtenances, and other improvements on the land, used 
for processing, storing, or disposing of hazardous waste. The term includes a 
publicly or privately owned hazardous waste management facility consisting of 
processing, storage, or disposal operational hazardous waste management units 
such as one or more landfills, surface impoundments, waste piles, incinerators, 
boilers, and industrial furnaces, including cement kilns, injection wells, salt 
dome waste containment caverns, land treatment facilities, or a combination of 
units. 
<nl>(59)<ol> Hazardous waste management unit - A landfill, surface impoundment, 
waste pile, industrial furnace, incinerator, cement kiln, injection well, 
container, drum, salt dome waste containment cavern, or land treatment unit, or 
any other structure, vessel, appurtenance, or other improvement on land used to 
manage hazardous waste. 
<nl>(60)<ol> In operation - Refers to a facility which is processing, storing, 
or disposing of hazardous waste. 
<nl>(61)<ol> Inactive portion - That portion of a facility which is not operated 
after November 19, 1980. (See also "active portion" and "closed portion".) 
<nl>(62)<ol> Incinerator - Any enclosed device that: 
(A) uses controlled flame combustion and neither meets the criteria for 
classification as a boiler, sludge dryer, or carbon regeneration unit, nor is 
listed as an industrial furnace; or 
(B) meets the definition of infrared incinerator or plasma arc incinerator. 
<nl>(63)<ol> Incompatible waste - A hazardous waste which is unsuitable for: 
(A) placement in a particular device or facility because it may cause corrosion 
or decay of containment materials (e.g., container inner liners or tank walls); 
or 
(B) commingling with another waste or material under uncontrolled conditions 
because the commingling might produce heat or pressure, fire or explosion, 
violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or 
gases. 
<nl>(64)<ol> Individual generation site - The contiguous site at or on which one 
or more hazardous wastes are generated. An individual generation site, such as a 
large manufacturing plant, may have one or more sources of hazardous waste but 
is considered a single or individual generation site if the site or property is 
contiguous. 
<nl>(65)<ol> Industrial furnace - Includes any of the following enclosed devices 
that use thermal treatment to accomplish recovery of materials or energy: 
(A) cement kilns; 
(B) lime kilns; 
(C) aggregate kilns; 
(D) phosphate kilns; 
(E) coke ovens; 
(F) blast furnaces; 
(G) smelting, melting, and refining furnaces (including pyrometallurgical 
devices such as cupolas, reverberator furnaces, sintering machines, roasters, 
and foundry furnaces); 
(H) titanium dioxide chloride process oxidation reactors; 
(I) methane reforming furnaces; 
(J) pulping liquor recovery furnaces; 
(K) combustion devices used in the recovery of sulfur values from spent sulfuric 
acid; 
(L) halogen acid furnaces (HAFs) for the production of acid from halogenated 
hazardous waste generated by chemical production facilities where the furnace is 
located on the site of a chemical production facility, the acid product has a 
halogen acid content of at least 3.0%, the acid product is used in a 
manufacturing process, and, except for hazardous waste burned as fuel, hazardous 
waste fed to the furnace has a minimum halogen content of 20% as generated; and 
(M) other devices the commission may list, after the opportunity for notice and 
comment is afforded to the public. 
<nl>(66)<ol> Industrial solid waste - Solid waste resulting from or incidental 
to any process of industry or manufacturing, or mining or agricultural 
operation, which may include hazardous waste as defined in this section. 
<nl>(67)<ol> Infrared incinerator - Any enclosed device that uses electric 
powered resistance heaters as a source of radiant heat followed by an 
afterburner using controlled flame combustion and which is not listed as an 
industrial furnace. 
<nl>(68)<ol> Inground tank - A device meeting the definition of tank in this 
section whereby a portion of the tank wall is situated to any degree within the 
ground, thereby preventing visual inspection of that external surface area of 
the tank that is in the ground. 
<nl>(69)<ol> Injection well - A well into which fluids are injected. (See also 
"underground injection.") 
<nl>(70)<ol> Inner liner - A continuous layer of material placed inside a tank 
or container which protects the construction materials of the tank or container 
from the contained waste or reagents used to treat the waste. 
<nl>(71)<ol> Installation inspector - A person who, by reason of his knowledge 
of the physical sciences and the principles of engineering, acquired by a 
professional education and related practical experience, is qualified to 
supervise the installation of tank systems. 
<nl>(72)<ol> International shipment - The transportation of hazardous waste into 
or out of the jurisdiction of the United States. 
<nl>(73)<ol> Land treatment facility - A facility or part of a facility at which 
hazardous waste is applied onto or incorporated into the soil surface and that 
is not a corrective action management unit; such facilities are disposal 
facilities if the waste will remain after closure. 
<nl>(74)<ol> Landfill - A disposal facility or part of a facility where 
hazardous waste is placed in or on land and which is not a pile, a land 
treatment facility, a surface impoundment, an injection well, a salt dome 
formation, a salt bed formation, an underground mine, a cave, or a corrective 
action management unit. 
<nl>(75)<ol> Landfill cell - A discrete volume of a hazardous waste landfill 
which uses a liner to provide isolation of wastes from adjacent cells or wastes. 
Examples of landfill cells are trenches and pits. 
<nl>(76)<ol> Leachate - Any liquid, including any suspended components in the 
liquid, that has percolated through or drained from hazardous waste. 
<nl>(77)<ol> Leak-detection system - A system capable of detecting the failure 
of either the primary or secondary containment structure or the presence of a 
release of hazardous waste or accumulated liquid in the secondary containment 
structure. Such a system must employ operational controls (e.g., daily visual 
inspections for releases into the secondary containment system of aboveground 
tanks) or consist of an interstitial monitoring device designed to detect 
continuously and automatically the failure of the primary or secondary 
containment structure or the presence of a release of hazardous waste into the 
secondary containment structure. 
<nl>(78)<ol> Liner - A continuous layer of natural or man-made materials, 
beneath or on the sides of a surface impoundment, landfill, or landfill cell, 
which restricts the downward or lateral escape of hazardous waste, hazardous 
waste constituents, or leachate. 
<nl>(79)<ol> Management or hazardous waste management - The systematic control 
of the collection, source separation, storage, transportation, processing, 
treatment, recovery, and disposal of hazardous waste. 
<nl>(80)<ol> Manifest - The uniform hazardous waste manifest form, Form TWC-
0311, and, if necessary, TWC-0311B, furnished by the executive director to 
accompany shipments of municipal hazardous waste or Class I industrial solid 
waste. 
<nl>(81)<ol> Manifest document number - A number assigned to the manifest by the 
commission for reporting and recordkeeping purposes. 
<nl>(82)<ol> Miscellaneous unit - A hazardous waste management unit where 
hazardous waste is stored, processed, or disposed of and that is not a 
container, tank, surface impoundment, pile, land treatment unit, landfill, 
incinerator, boiler, industrial furnace, underground injection well with 
appropriate technical standards under Chapter 331 of this title (relating to 
Underground Injection Control), corrective action management unit, containment 
building, or unit eligible for a research, development, and demonstration permit 
or under Chapter 305, Subchapter K of this title (relating to Research 
Development and Demonstration Permits). 
<nl>(83)<ol> Movement - That hazardous waste transported to a facility in an 
individual vehicle. 
<nl>(84)<ol> Municipal hazardous waste - A municipal solid waste or mixture of 
municipal solid wastes which has been identified or listed as a hazardous waste 
by the administrator of the United States Environmental Protection Agency. 
<nl>(85)<ol> Municipal solid waste - Solid waste resulting from or incidental to 
municipal, community, commercial, institutional, and recreational activities; 
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned 
automobiles, and all other solid waste other than industrial waste. 
<nl>(86)<ol> New tank system or new tank component - A tank system or component 
that will be used for the storage or processing of hazardous waste and for which 
installation has commenced after July 14, 1986; except, however, for purposes of 
40 Code of Federal Regulations sec.264.193(g)(2) (incorporated by reference at 
sec.335.152(a)(8) of this title (relating to Standards)) and 40 Code of Federal 
Regulations sec.265.193(g)(2) (incorporated by reference at sec.335.112(a)(9) of 
this title (relating to Standards)), a new tank system is one for which 
construction commences after July 14, 1986 (see also existing tank system.") 
<nl>(87)<ol> Off-site - Property which cannot be characterized as on-site. 
<nl>(88)<ol> Onground tank - A device meeting the definition of tank in this 
section and that is situated in such a way that the bottom of the tank is on the 
same level as the adjacent surrounding surface so that the external tank bottom 
cannot be visually inspected. 
<nl>(89)<ol> On-site - The same or geographically contiguous property which may 
be divided by public or private rights-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. Noncontiguous properties 
owned by the same person but connected by a right-of-way which he controls and 
to which the public does not have access, is also considered on-site property. 
<nl>(90)<ol> Open burning - The combustion of any material without the following 
characteristics: 
(A) control of combustion air to maintain adequate temperature for efficient 
combustion; 
(B) containment of the combustion-reaction in an enclosed device to provide 
sufficient residence time and mixing for complete combustion; and 
(C) control of emission of the gaseous combustion products. (See also 
"incineration" and "thermal treatment.") 
<nl>(91)<ol> Operator - The person responsible for the overall operation of a 
facility. 
<nl>(92)<ol> Owner - The person who owns a facility or part of a facility. 
<nl>(93)<ol> Partial closure - The closure of a hazardous waste management unit 
in accordance with the applicable closure requirements of Subchapters E and F of 
this chapter (relating to Interim Standards for Owners and Operators of 
Hazardous Waste Storage, Processing, or Disposal Facilities; and Permitting 
Standards for Owners and Operators of Hazardous Waste Storage, Processing or 
Disposal Facilities) at a facility that contains other active hazardous waste 
management units. For example, partial closure may include the closure of a tank 
(including its associated piping and underlying containment systems), landfill 
cell, surface impoundment, waste pile, or other hazardous waste management unit, 
while other units of the same facility continue to operate. 
<nl>(94)<ol> PCBs or polychlorinated biphenyl compounds - Compounds subject to 
Title 40, Code of Federal Regulations, Part 761. 
<nl>(95)<ol> Permit - A written permit issued by the commission which, by its 
conditions, may authorize the permittee to construct, install, modify or operate 
a specified municipal hazardous waste or industrial solid waste storage, 
processing, or disposal facility in accordance with specified limitations. 
<nl>(96)<ol> Person - Any individual, corporation, organization, government or 
governmental subdivision or agency, business trust, partnership, association or 
any other legal entity. 
<nl>(97)<ol> Personnel or facility personnel - All persons who work at, or 
oversee the operations of, a hazardous waste facility, and whose actions or 
failure to act may result in noncompliance with the requirements of this 
chapter. 
<nl>(98)<ol> Pesticide - <nl>Has the definition adopted under sec.335.261 of 
this title (relating to Universal Waste Rule).<ol> [Any substance or mixture of 
substances intended for preventing, destroying, repelling, or mitigating any 
pest, or intended for use as a plant regulator, defoliant, or desiccant, other 
than any article that:] 
[(A) is a new animal drug under Federal Food, Drug, and Cosmetic Act (FFDCA), 
sec.201(w), or] 
[(B) is an animal drug that has been determined by regulation of the United 
States Secretary of Health and Human Services not to be a new animal drug, or] 
[(C) is an animal feed under FFDCA, sec.201(x) that bears or contains any 
substances described by subparagraph (A) or (B) of this paragraph.] 
<nl>(99)<ol> Petroleum substance - A crude oil or any refined or unrefined 
fraction or derivative of crude oil which is a liquid at standard conditions of 
temperature and pressure. 
(A) Except as provided in subparagraph (C) of this definition for the purposes 
of this chapter, a "petroleum substance" shall be limited to a substance in or a 
combination or mixture of substances within the following list (except for any 
listed substance regulated as a hazardous waste under the federal Solid Waste 
Disposal Act, Subtitle C (42 United States Code sec.sec.6921, et seq.)) and 
which is liquid at standard conditions of temperature (20 degrees Centigrade) 
and pressure (1 atmosphere): 
(i) basic petroleum substances - i.e., crude oils, crude oil fractions, 
petroleum feedstocks, and petroleum fractions; 
(ii) motor fuels - a petroleum substance which is typically used for the 
operation of internal combustion engines and/or motors (which includes but is 
not limited to stationary engines and engines used in transportation vehicles 
and marine vessels); 
(iii) aviation gasolines - i.e., Grade 80, Grade 100, and Grade 100-LL; 
(iv) aviation jet fuels - i.e., Jet A, Jet A-1, Jet B, JP-4, JP-5, and JP-8; 
(v) distillate fuel oils - i.e., Number 1-D, Number 1, Number 2-D, and Number 2; 
(vi) residual fuel oils - i.e., Number 4-D, Number 4-light, Number 4, Number 5-
light, Number 5-heavy, and Number 6; 
(vii) gas-turbine fuel oils - i.e., Grade O-GT, Grade 1-GT, Grade 2-GT, Grade 3-
GT, and Grade 4-GT; 
(viii) illuminating oils - i.e., kerosene, mineral seal oil, long-time burning 
oils, 300 oil, and mineral colza oil; 
(ix) lubricants - i.e., automotive and industrial lubricants;
(x) building materials - i.e., liquid asphalt and dust-laying oils; 
(xi) insulating and waterproofing materials - i.e., transformer oils and cable 
oils; 
(xii) used oils - (See definition for "used oil" in this section); and 
(B) For the purposes of this chapter, a "petroleum substance" shall include 
solvents or a combination or mixture of solvents (except for any listed 
substance regulated as a hazardous waste under the federal Solid Waste Disposal 
Act, Subtitle C (42 United States Code sec.sec.6921, et seq.)) and which is 
liquid at standard conditions of temperature (20 degrees Centigrade) and 
pressure (1 atmosphere) -i.e., Stoddard solvent, petroleum spirits, mineral 
spirits, petroleum ether, varnish makers' and painters' naphthas, petroleum 
extender oils, and commercial hexane.
(C) The following materials are not considered petroleum substances: 
(i) polymerized materials, i.e., plastics, synthetic rubber, polystyrene, high 
and low density polyethylene; 
(ii) animal, microbial, and vegetable fats; 
(iii) food grade oils; 
(iv) hardened asphalt and solid asphaltic materials i.e., roofing shingles, 
roofing felt, hot mix (and cold mix); and 
(v) cosmetics. 
<nl>(100)<ol> Pile - Any noncontainerized accumulation of solid, nonflowing 
hazardous waste that is used for processing or storage, and that is not a 
corrective action management unit or a containment building. 
<nl>(101)<ol> Plasma arc incinerator - Any enclosed device using a high 
intensity electrical discharge or arc as a source of heat followed by an 
afterburner using controlled flame combustion and which is not listed as an 
industrial furnace. 
<nl>(102)<ol> Primary exporter - Any person who is required to originate the 
manifest for a shipment of hazardous waste in accordance with the regulations 
contained in 40 Code of Federal Regulations, Part 262, Subpart B, which are in 
effect as of November 8, 1986, or equivalent state provision, which specifies 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. 
<nl>(103)<ol> Processing - The extraction of materials, transfer, volume 
reduction, conversion to energy, or other separation and preparation of solid 
waste for reuse or disposal, including the treatment or neutralization of 
hazardous waste, designed to change the physical, chemical, or biological 
character or composition of any hazardous waste so as to neutralize such waste, 
or so as to recover energy or material from the waste or so as to render such 
waste nonhazardous, or less hazardous; safer to transport, store or dispose of; 
or amenable for recovery, amenable for storage, or reduced in volume. The 
transfer of solid waste for reuse or disposal as used in this definition does 
not include the actions of a transporter in conveying or transporting solid 
waste by truck, ship, pipeline, or other means. Unless the executive director 
determines that regulation of such activity is necessary to protect human health 
or the environment, the definition of processing does not include activities 
relating to those materials exempted by the administrator of the Environmental 
Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended 
by the Resource Conservation and Recovery Act, 42 United States Code sec.6901 
<nl>et<ol> <nl>seq<ol> ., as amended. 
<nl>(104)<ol> Publicly-owned treatment works (POTW) - Any device or system used 
in the treatment (including recycling and reclamation) of municipal sewage or 
industrial wastes of a liquid nature which is owned by a state or municipality 
(as defined by the Clean Water Act, sec.502(4)). The definition includes sewers, 
pipes or other conveyances only if they convey wastewater to a POTW providing 
treatment. 
<nl>(105)<ol> Qualified groundwater scientist - A scientist or engineer who has 
received a baccalaureate or post-graduate degree in the natural sciences or 
engineering, and has sufficient training and experience in groundwater hydrology 
and related fields as may be demonstrated by state registration, professional 
certifications, or completion of accredited university courses that enable that 
individual to make sound professional judgments regarding groundwater monitoring 
and contaminant fate and transport. 
<nl>(106)<ol> 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). 
<nl>(107)<ol> Regional administrator - The regional administrator for the 
Environmental Protection Agency region in which the facility is located, or his 
designee. 
<nl>(108)<ol> Remediation - The act of eliminating or reducing the concentration 
of contaminants in contaminated media. 
<nl>(109)<ol> Remediation waste - All solid and hazardous wastes, and all media 
(including groundwater, surface water, soils, and sediments) and debris, which 
contain listed hazardous wastes or which themselves exhibit a hazardous waste 
characteristic, that are managed for the purpose of implementing corrective 
action requirements under sec.335.167 of this title (relating to Corrective 
Action for Solid Waste Management Units) and the Texas Solid Waste Disposal Act, 
Texas Health and Safety Code Annotated (Vernon Pamphlet 1993), sec.361.303 
(relating to Corrective Action). For a given facility, remediation wastes may 
originate only from within the facility boundary, but may include waste managed 
in implementing corrective action for releases beyond the facility boundary 
under the Texas Solid Waste Disposal Act, Texas Health and Safety Code Annotated 
(Vernon Pamphlet 1993), sec.361.303 (relating to Corrective Action), 
sec.335.166(5) of this title (relating to Corrective Action Program), or 
sec.335.167(c) of this title (relating to Corrective Action for Solid Waste 
Management Units). 
<nl>(110)<ol> Remove - To take waste, contaminated design or operating system 
components, or contaminated media away from a waste management unit, facility, 
or area to another location for storage, processing, or disposal. 
<nl>(111)<ol> Replacement unit - A landfill, surface impoundment, or waste pile 
unit: 
(A) from which all or substantially all the waste is removed; and 
(B) that is subsequently reused to treat, store, or dispose of hazardous waste. 
"Replacement unit" does not apply to a unit from which waste is removed during 
closure, if the subsequent reuse solely involves the disposal of waste from that 
unit and other closing units or corrective action areas at the facility, in 
accordance with an approved closure plan or EPA or state approved corrective 
action. 
<nl>(112)<ol> Representative sample - A sample of a universe or whole (e.g., 
waste pile, lagoon, groundwater) which can be expected to exhibit the average 
properties of the universe or whole. 
<nl>(113)<ol> Run-off - Any rainwater, leachate, or other liquid that drains 
over land from any part of a facility. 
<nl>(114)<ol> Run-On - Any rainwater, leachate, or other liquid that drains over 
land onto any part of a facility. 
<nl>(115)<ol> Saturated zone or zone of saturation - That part of the earth's 
crust in which all voids are filled with water. 
<nl>(116)<ol> Shipment - Any action involving the conveyance of municipal 
hazardous waste or industrial solid waste by any means off-site. 
<nl>(117)<ol> Sludge dryer - Any enclosed thermal treatment device that is used 
to dehydrate sludge and that has a maximum total thermal input, excluding the 
heating valve of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-
weight basis. 
<nl>(118)<ol> Small quantity generator - A generator who generates less than 
1,000 kg of hazardous waste in a calendar month. 
<nl>(119)<ol> Solid Waste - 
(A) Any garbage, refuse, sludge from a waste treatment plant, water supply 
treatment plant or air pollution control facility, and other discarded material, 
including solid, liquid, semisolid, or contained gaseous material resulting from 
industrial, municipal, commercial, mining, and agricultural operations, and from 
community and institutional activities, but does not include: 
(i) solid or dissolved material in domestic sewage, or solid or dissolved 
material in irrigation return flows, or industrial discharges subject to 
regulation by permit issued pursuant to the Texas Water Code, Chapter 26 (an 
exclusion applicable only to the actual point source discharge that does not 
exclude industrial wastewaters while they are being collected, stored or 
processed before discharge, nor does it exclude sludges that are generated by 
industrial wastewater treatment); 
(ii) uncontaminated soil, dirt, rock, sand and other natural or man-made inert 
solid materials used to fill land if the object of the fill is to make the land 
suitable for the construction of surface improvements. The material serving as 
fill may also serve as a surface improvement such as a structure foundation, a 
road, soil erosion control, and flood protection. Man-made materials exempted 
under this provision shall only be deposited at sites where the construction is 
in progress or imminent such that rights to the land are secured and 
engineering, architectural, or other necessary planning have been initiated. 
Waste disposal shall be considered to have occurred on any land which has been 
filled with man-made inert materials under this provision if the land is sold, 
leased, or otherwise conveyed prior to the completion of construction of the 
surface improvement. Under such conditions, deed recordation shall be required. 
The deed recordation shall include the information required under sec.335.5(a) 
of this title (relating to Deed Recordation), prior to sale or other conveyance 
of the property; 
(iii) waste materials which result from activities associated with the 
exploration, development, or production of oil or gas or geothermal resources, 
as those activities are defined in this section, and any other substance or 
material regulated by the Railroad Commission of Texas pursuant to the Natural 
Resources Code, sec.91.101, unless such waste, substance, or material results 
from activities associated with gasoline plants, natural gas or natural gas 
liquids processing plants, pressure maintenance plants, or repressurizing plants 
and is a hazardous waste as defined by the administrator of the United States 
Environmental Protection Agency pursuant to the federal Solid Waste Disposal 
Act, as amended by the Resource Conservation and Recovery Act, 42 United States 
Code sec.6901 <nl>et<ol> <nl>seq<ol> ., as amended; or 
(iv) a material excluded by 40 Code of Federal Regulations sec.261.4(a)(1)-
[(11)] <nl>(14), as amended through May 12, 1997, at 62 FedReg 25998,<ol> or by 
variance granted under sec.335.18 of this title (relating to Variances from 
Classification as a Solid Waste) and sec.335.19 of this title (relating to 
Standards and Criteria for Variances from Classification as a Solid Waste). 
(B) A discarded material is any material which is: 
(i) abandoned, as explained in subparagraph (C) of this paragraph;
(ii) recycled, as explained in subparagraph (D) of this paragraph; or 
(iii) considered inherently waste-like, as explained in subparagraph (E) of this 
paragraph. 
(C) Materials are solid wastes if they are abandoned by being:
(i) disposed of; 
(ii) burned or incinerated; or 
(iii) accumulated, stored, or processed (but not recycled) before or in lieu of 
being abandoned by being disposed of, burned, or incinerated.
(D) Materials are solid wastes if they are "recycled" or accumulated, stored, or 
processed before recycling as specified in this subparagraph. The chart referred 
to as Table 1 indicates only which materials are considered to be solid wastes 
when they are recycled and is not intended to supersede the definition of solid 
waste provided in subparagraph (A) of this paragraph.
(i) Used in a manner constituting disposal. Materials noted with an asterisk in 
Column 1 of Table 1 are solid wastes when they are:
(I) applied to or placed on the land in a manner that constitutes disposal; or 
(II) used to produce products that are applied to or placed on the land or are 
otherwise contained in products that are applied to or placed on the land (in 
which cases the product itself remains a solid waste). However, commercial 
chemical products listed in 40 Code of Federal Regulations sec.261.33 are not 
solid wastes if they are applied to the land and that is their ordinary manner 
of use. 
(ii) Burning for energy recovery. Materials noted with an asterisk in Column 2 
of Table 1 are solid wastes when they are: 
(I) burned to recover energy; or 
(II) used to produce a fuel or are otherwise contained in fuels (in which cases 
the fuel itself remains a solid waste). However, commercial chemical products, 
which are listed in 40 Code of Federal Regulations sec.261.33, not listed in 
sec.261.33 but that exhibit one or more of the hazardous waste characteristics, 
or would be considered nonhazardous waste if disposed, are not solid wastes if 
they are fuels themselves and burned for energy recovery.
(iii) Reclaimed. Materials noted with an asterisk in Column 3 of Table 1 are 
solid wastes when reclaimed. 
(iv) Accumulated speculatively. Materials noted with an asterisk in Column 4 of 
Table 1 are solid wastes when accumulated speculatively. 
Figure: 30 TAC sec.335.1(119)(D)(iv) 
(E) Materials that are identified by the administrator of the EPA as inherently 
waste-like materials under 40 Code of Federal Regulations sec.261.2(d) are solid 
wastes when they are recycled in any manner. 
(F) Materials are not solid wastes when they can be shown to be recycled by 
being: 
(i) used or reused as ingredients in an industrial process to make a product, 
provided the materials are not being reclaimed; 
(ii) used or reused as effective substitutes for commercial products; or 
(iii) returned to the original process from which they were generated, without 
first being reclaimed or land disposed. The material must be returned as a 
substitute for feedstock materials. In cases where the original process to which 
the material is returned is a secondary process, the materials must be managed 
such that there is no placement on the land. 
(iv) secondary materials that are reclaimed and returned to the original process 
or processes in which they were generated where they are reused in the 
production process provided: 
(I) only tank storage is involved, and the entire process through completion of 
reclamation is closed by being entirely connected with pipes or other comparable 
enclosed means of conveyance; 
(II) reclamation does not involve controlled flame combustion (such as occurs in 
boilers, industrial furnaces, or incinerators); 
(III) the secondary materials are never accumulated in such tanks for over 
twelve months without being reclaimed; and 
(IV) the reclaimed material is not used to produce a fuel, or used to produce 
products that are used in a manner constituting disposal.
(G) The following materials are solid wastes, even if the recycling involves 
use, reuse, or return to the original process, as described in subparagraph (F) 
of this paragraph: 
(i) materials used in a manner constituting disposal, or used to produce 
products that are applied to the land; 
(ii) materials burned for energy recovery, used to produce a fuel, or contained 
in fuels; 
(iii) materials accumulated speculatively; or 
(iv) materials deemed to be inherently waste-like by the administrator of the 
Environmental Protection Agency, as described in 40 Code of Federal Regulations 
sec.261.2(d)(1) - sec.261.2(d)(2). 
(H) Respondents in actions to enforce the industrial solid waste regulations who 
raise a claim that a certain material is not a solid waste, or is conditionally 
exempt from regulation, must demonstrate that there is a known market or 
disposition for the material, and that they meet the terms of the exclusion or 
exemption. In doing so, they must provide appropriate documentation (such as 
contracts showing that a second person uses the material as an ingredient in a 
production process) to demonstrate that the material is not a waste, or is 
exempt from regulation. In addition, owners or operators of facilities claiming 
that they actually are recycling materials must show that they have the 
necessary equipment to do so and that the recycling activity is legitimate and 
beneficial. 
(I) Materials that are reclaimed from solid wastes and that are used 
beneficially are not solid wastes and hence are not hazardous wastes under 40 
Code of Federal Regulations sec.261.3(c) unless the reclaimed material is burned 
for energy recovery or used in a manner constituting disposal. 
<nl>(J)<ol> Other portions of this chapter that relate to solid wastes that are 
recycled include sec.335.6 of this title (relating to Notification 
Requirements), sec.335.17 of this title (relating to Special Definitions for 
Recyclable Materials and Nonhazardous Recyclable Materials), sec.335.18 of this 
title (relating to Variances from Classification as a Solid Waste), sec.335.19 
of this title (relating to Standards and Criteria for Variances from 
Classification as a Solid Waste), sec.335.24 of this title (relating to 
Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), 
and Subchapter H (relating to Standards for the Management of Specific Wastes 
and Specific Types of Materials). 
<nl>(120)<ol> Sorbent - A material that is used to soak up free liquids by 
either adsorption or absorption, or both. Sorb means to either adsorb or absorb, 
or both. 
<nl>(121)<ol> Spill - The accidental spilling, leaking, pumping, emitting, 
emptying, or dumping of hazardous wastes or materials which, when spilled, 
become hazardous wastes into or on any land or water. 
<nl>(122)<ol> Storage - The holding of solid waste for a temporary period, at 
the end of which the waste is processed, disposed of, recycled or stored 
elsewhere. 
<nl>(123)<ol> Sump - Any pit or reservoir that meets the definition of tank in 
this section and those troughs/trenches connected to it that serve to collect 
hazardous waste for transport to hazardous waste storage, processing, or 
disposal facilities; except that as used in the landfill, surface impoundment, 
and waste pile rules, "sump" means any lined pit or reservoir that serves to 
collect liquids drained from a leachate collection and removal system or leak 
detection system for subsequent removal from the system. 
<nl>(124)<ol> Surface impoundment or impoundment - A facility or part of a 
facility which is a natural topographic depression, man-made excavation, or 
diked area formed primarily of earthen materials (although it may be lined with 
man-made materials), which is designed to hold an accumulation of liquid wastes 
or wastes containing free liquids, and which is not an injection well or a 
corrective action management unit. Examples of surface impoundments are holding, 
storage, settling, and aeration pits, ponds, and lagoons. 
<nl>(125)<ol> Tank - A stationary device, designed to contain an accumulation of 
solid waste which is constructed primarily of non-earthen materials (e.g., wood, 
concrete, steel, plastic) which provide structural support. 
<nl>(126)<ol> Tank system - A hazardous waste storage or processing tank and its 
associated ancillary equipment and containment system. 
<nl>(127)<ol> Thermal processing - The processing of hazardous waste in a device 
which uses elevated temperatures as the primary means to change the chemical, 
physical, or biological character or composition of the hazardous waste. 
Examples of thermal processing are incineration, molten salt, pyrolysis, 
calcination, wet air oxidation, and microwave discharge. (See also "incinerator" 
and "open burning".) 
<nl>(128)<ol> Thermostat - <nl>Has the definition adopted under sec.335.261 of 
this title (relating to Universal Waste Rule). <ol> [A temperature control 
device that contains metallic mercury in an ampule attached to a bimetal sensing 
element, and mercury-containing ampules that have been removed from these 
temperature control devices in compliance with the requirements of 40 CFR 
273.13(c)(2) or 273.33(c)(2) as adopted by reference in sec.335.261 of this 
title.] 
<nl>(129)<ol> Totally enclosed treatment facility - A facility for the 
processing of hazardous waste which is directly connected to an industrial 
production process and which is constructed and operated in a manner which 
prevents the release of any hazardous waste or any constituent thereof into the 
environment during processing. An example is a pipe in which acid waste is 
neutralized. 
<nl>(130)<ol> Transfer facility - Any transportation-related facility including 
loading docks, parking areas, storage areas, and other similar areas where 
shipments of hazardous or industrial solid waste are held during the normal 
course of transportation. 
<nl>(131)<ol> Transit country - Any foreign country, other than a receiving 
country, through which a hazardous waste is transported. 
<nl>(132)<ol> Transport vehicle - A motor vehicle or rail car used for the 
transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad 
freight car, etc.) is a separate transport vehicle. Vessel includes every 
description of watercraft, used or capable of being used as a means of 
transportation on the water. 
<nl>(133)<ol> Transporter - Any person who conveys or transports municipal 
hazardous waste or industrial solid waste by truck, ship, pipeline, or other 
means. 
<nl>(134)<ol> Treatability study - A study in which a hazardous or industrial 
solid waste is subjected to a treatment process to determine: 
(A) whether the waste is amenable to the treatment process; 
(B) what pretreatment (if any) is required; 
(C) the optimal process conditions needed to achieve the desired treatment; 
(D) the efficiency of a treatment process for a specific waste or wastes; or 
(E) the characteristics and volumes of residuals from a particular treatment 
process. Also included in this definition for the purpose of 40 CFR sec.261.4(e) 
and (f) (sec.sec.335.2, 335.69, and 335.78 of this title (relating to Permit 
Required; Accumulation Time; and Special Requirements for Hazardous Waste 
Generated by Conditionally Exempt Small Quantity Generators)) exemptions are 
liner compatibility, corrosion, and other material compatibility studies and 
toxicological and health effects studies. A treatability study is not a means to 
commercially treat or dispose of hazardous or industrial solid waste. 
<nl>(135)<ol> Treatment - To apply a physical, biological, or chemical 
process(es) to wastes and contaminated media which significantly reduces the 
toxicity, volume, or mobility of contaminants and which, depending on the 
process(es) used, achieves varying degrees of long-term effectiveness. 
<nl>(136)<ol> Treatment zone - A soil area of the unsaturated zone of a land 
treatment unit within which hazardous constituents are degraded, transferred, or 
immobilized. 
<nl>(137)<ol> Underground injection - The subsurface emplacement of fluids 
through a bored, drilled, or driven well; or through a dug well, where the depth 
of the dug well is greater than the largest surface dimension. (See also 
"injection well.") 
<nl>(138)<ol> Underground tank - A device meeting the definition of tank in this 
section whose entire surface area is totally below the surface of and covered by 
the ground. 
<nl>(139)<ol> Unfit-for-use tank system - A tank system that has been determined 
through an integrity assessment or other inspection to be no longer capable of 
storing or processing hazardous waste without posing a threat of release of 
hazardous waste to the environment. Waste and Municipal Hazardous Waste) except 
as otherwise specified in sec.335.261 of this title
<nl>(140)<ol> Universal waste - Any of the [following] hazardous wastes<nl> 
defined as universal waste under sec.335.261(b)(13)(F) <ol> that are managed 
under <nl>the universal waste requirements of<ol> [40 CFR Part 273, the 
Universal Waste Rule, as adopted by reference in ] sec.335.261 of this title 
<nl>(relating to Universal Waste Rule) <ol> .[The following wastes are exempt 
from regulation under Chapter 335 of this title (relating to Industrial Solid 
Waste and Municipal Hazardous Waste) except as otherwise specified in 
sec.335.261 of this title:]
[(A) Batteries as described in 40 CFR 273.2;] 
[(B) Pesticides as described in 40 CFR 273.3; and] 
[(C) Thermostats as described in 40 CFR 273.4.] 
<nl>(141)<ol> Universal waste handler - <nl> Has the definition adopted under 
sec.335.261 of this title (relating to Universal Waste Rule).<ol> [A generator 
of universal waste; or the owner or operator of a facility, including all 
contiguous property, that receives universal waste from other universal waste 
handlers, accumulates universal waste, and sends universal waste to another 
universal waste handler, to a destination facility, or to a foreign destination. 
Universal waste handler does not mean a person who treats (except under the 
provisions of 40 CFR 273.13(a) or (c), or 273.33(a) or (c), as adopted by 
reference in sec.335.261 of this title), disposes, or recycles universal waste; 
or a person engaged in the off-site transportation of universal waste by air, 
rail, highway, or water, including a universal waste transfer facility.] 
<nl>(142)<ol> Universal waste transporter - <nl> Has the definition adopted 
under sec.335.261 of this title (relating to Universal Waste Rule).<ol> [A 
person engaged in the off-site transportation of universal waste by air, rail, 
highway, or water.] 
<nl>(143)<ol> Unsaturated zone or zone of aeration - The zone between the land 
surface and the water table. 
<nl>(144)<ol> Uppermost aquifer - The geologic formation nearest the natural 
ground surface that is an aquifer, as well as lower aquifers that are 
hydraulically interconnected within the facility's property boundary. 
<nl>(145)<ol> 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. Used oil fuel includes any fuel produced 
from used oil by processing, blending, or other treatment. Rules applicable to 
nonhazardous used oil, oil characteristically hazardous from use versus mixing, 
Conditionally Exempt Small Quantity Generator (CESQG) hazardous used oil, and 
household used oil after collection that will be recycled are found in Chapter 
324 of this title (relating to Used Oil) and 40 CFR Part 279 (relating to 
Standards for Management of Used Oil). 
<nl>(146)<ol> Wastewater treatment unit - A device which: 
(A) is part of a wastewater treatment facility subject to regulation under 
either the Federal Water Pollution Control Act (Clean Water Act), 33 United 
States Code sec.466 et seq., sec.402 or sec.307(b), as amended; 
(B) receives and processes or stores an influent wastewater which is a hazardous 
or industrial solid waste, or generates and accumulates a wastewater treatment 
sludge which is a hazardous or industrial solid waste, or processes or stores a 
wastewater treatment sludge which is a hazardous or industrial solid waste; and 
(C) meets the definition of tank or tank system as defined in this section. 
<nl>(147)<ol> Water (bulk shipment) - The bulk transportation of municipal 
hazardous waste or Class I industrial solid waste which is loaded or carried on 
board a vessel without containers or labels. 
<nl>(148)<ol> Well - Any shaft or pit dug or bored into the earth, generally of 
a cylindrical form, and often walled with bricks or tubing to prevent the earth 
from caving in. 
<nl>(149)<ol> Zone of engineering control - An area under the control of the 
owner/operator that, upon detection of a hazardous waste release, can be readily 
cleaned up prior to the release of hazardous waste or hazardous constituents to 
groundwater or surface water. 

sec.335.2. Permit Required. 
(a)-(c) (No change.) 
(d) No permit shall be required for: 
(1)-(5) (No change.) 
(6) the storage or processing of nonhazardous industrial solid waste, if the 
waste is processed in a publicly owned treatment works with discharges subject 
to regulation under the Clean Water Act, [Section] <nl>sec.<ol>402, as amended 
through October 4, 1996, if the owner or operator has a National Pollutant 
Discharge Elimination System permit and complies with the conditions of that 
permit. 
(e)-(g) (No change.) 
(h) A person may obtain authorization from the executive director for the 
storage, processing, or disposal of nonhazardous industrial solid waste in an 
interim status landfill which has qualified for interim status pursuant to 40 
Code of Federal Regulations, Part 270, Subpart G, and which has complied with 
the standards set forth in Subchapter E of this chapter (relating to Interim 
Standards for Owners and Operators of Hazardous Waste Storage, Processing or 
Disposal Facilities), by complying with the notification and information 
requirements as set forth in sec.335.6 of this title (relating to Notification 
Requirements). The executive director may approve or deny the request for 
authorization or grant the request for authorization subject to conditions which 
may include, without limitation, public notice and technical requirements. A 
request for authorization for the disposal of nonhazardous industrial solid 
waste under this subsection shall not be approved unless the executive director 
determines that the subject facility is suitable for disposal of such waste at 
the facility as requested. At a minimum, a determination of suitability by the 
executive director must include approval by the executive director of 
construction of a hazardous waste landfill meeting the design requirements of 
Title 40, Code of Federal Regulations, sec.265.301(a). In accordance with 
sec.335.6 of this title (relating to Notification Requirement), such person 
shall not engage in the requested activities if denied by the executive director 
or unless 90 days' notice has been provided and the executive director approves 
the request except where express executive director approval has been obtained 
prior to the expiration of the 90 days. Authorization may not be obtained under 
this subsection for: 
(1)-(6) (No change.) 
(7) radioactive or nuclear waste materials, receipt of which would require a 
license from the Texas Department of Health or Texas <nl> Natural Resource 
Conservation<ol> [Water] Commission or any other successor agency; and 
(8) (No change.) 
(i)-(j) (No change.) 
(k) Any person who intends to conduct an activity under subsection (d) of this 
section shall comply with the notification requirements of sec.335.6 of this 
title <nl>(relating to Notification Requirements)<ol> . 
<nl>(l)<ol> No permit shall be required for the management of universal wastes 
by universal waste handlers or universal waste transporters, in accordance with 
the definitions and requirements of sec.335.261 of this title (relating to 
Universal Waste Rule).

sec.335.6. Notification Requirements.
(a)-(i) (No change.) 
(j) Notification and regulation requirements on nonhazardous used oil, oil made 
characteristically hazardous by use (instead of mixing), CESQG hazardous used 
oil, and household used oil after collection that will be recycled are found in 
Chapter 324 <nl>of this title<ol> (relating to Used Oil). 
<nl>(k)<ol> Other portions of this chapter that relate to solid wastes that are 
recycled include sec.335.1 of this title (relating to Definitions), under the 
definition of "Solid Waste," sec.335.17 of this title (relating to Special 
Definitions for Recyclable Materials and Nonhazardous Recyclable Materials), 
sec.335.18 of this title (relating to Variances from Classification as a Solid 
Waste), sec.335.19 of this title (relating to Standards and Criteria for 
Variances from Classification as a Solid Waste), sec.335.24 of this title 
(relating to Requirements for Recyclable Materials and Nonhazardous Recyclable 
Materials), and Subchapter H of this chapter (relating to Standards for the 
Management of Specific Wastes and Specific Types of Materials). 

sec.335.11. Shipping Requirements for Transporters of Hazardous Waste or Class I 
Waste.
(a) No transporter may cause, suffer, allow, or permit the shipment of solid 
waste for which a manifest is required under sec.335.10 of this title (relating 
to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste 
or Class I Waste and Primary exporters of hazardous waste) to an off-site 
storage, processing, or disposal facility, unless the transporter: 
(1)-(3) (No change.) 
(4) in the case of hazardous waste exports, knows that the shipment conforms to 
the requirements set forth in the regulations contained in 40 Code of Federal 
Regulations sec.263.20(a)<nl>, as amended and adopted through April 12, 1996, at 
61 FedReg 16290<ol> [which are in effect as of November 8, 1986]. 
(b)-(i) (No change.) 

sec.335.12. Shipping Requirements Applicable to Owners or Operators of Storage, 
Processing, or Disposal Facilities.
(a)-(b) (No change.) 
(c) If a facility receives hazardous waste or Class I waste accompanied by a 
manifest, or in the case of shipments by rail or water (bulk shipment), by a 
shipping paper, the owner or operator, or his agent, must note any significant 
discrepancies on each copy of the manifest or shipping paper (if the manifest 
has not been received). 
(1) (No change.) 
(2) Upon discovering a significant discrepancy, the owner or operator must 
attempt to reconcile the discrepancy with the waste generator or transporter 
(e.g., with telephone conversations). If the discrepancy is not resolved within 
15 days after receiving the waste, the owner or operator must immediately submit 
to the executive director a letter describing the discrepancy and attempts to 
reconcile it, and a copy of the manifest or shipping paper at issue. The 
commission does not intend that the owner or operator of a facility perform the 
general waste analysis required by 40 Code of Federal Regulations <nl>(CFR)<ol> 
sec.264.13 or sec.265.13 before signing the manifest and giving it to the 
transporter. However, subsection (c) of this section does require reporting an 
unreconciled discrepancy discovered during later analysis. 
<nl>(d)<ol> Within three working days of the receipt of a shipment subject to 40 
CFR Part 262, Subpart H, concerning transfrontier shipments of hazardous waste 
for recovery within the Organization for Economic Cooperation and Development, 
the owner or operator of the facility must provide a copy of the tracking 
document bearing all required signatures to the notifier, to the Office of 
Enforcement and Compliance Assurance, Office of Compliance, Enforcement 
Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460, and to competent authorities of all other 
concerned countries, as defined under 40 CFR sec.262.81. The original copy of 
the tracking document must be maintained at the facility for at least three 
years from the date of signature.

sec.335.13. Recordkeeping and Reporting Procedures Applicable to Generators 
Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous 
Waste. 
(a)-(m) 
(n) Primary exporters of hazardous waste as defined in 40 Code of Federal 
Regulations (CFR)[,] sec.262.51 must submit an annual report in accordance with 
the requirements set out in the regulations contained in 40 CFR[,] sec.262.56, 
<nl>as amended and adopted through April 12, 1996, at 61 FedReg 16290<ol> [which 
are in effect as of November 8, 1986]. 

sec.335.17. Special Definitions for Recyclable Materials and Nonhazardous 
Recyclable Materials. 
<nl>(a)<ol> For the purposes of the definition of solid waste in sec.335.1 of 
this title (relating to Definitions) and sec.335.24 of this title (relating to 
Requirements for Recyclable Materials and Nonhazardous Recyclable Materials): 
(1) a spent material is any material that has been used and as a result of 
contamination can no longer serve the purpose for which it was produced without 
processing; 
(2) sludge has the same meaning used in the Solid Waste Disposal Act, Texas 
Civil Statutes, Article 4477-7, sec.2; 
(3) a by-product is a material that is not one of the primary products of a 
production process and is not solely or separately produced by the production 
process. Examples are process residues such as slags or distillation column 
bottoms. The term does not include a co-product that is produced for the general 
public's use and is ordinarily used in the form in which it is produced by the 
process; 
(4) a material is reclaimed if it is processed to recover a usable product, or 
if it is regenerated. Examples are recovery of lead values from spent batteries 
and regeneration of spent solvents; 
(5) a material is used or reused if it is either: 
(A) employed as an ingredient (including use as an intermediate) in an 
industrial process to make a product (for example, distillation bottoms from one 
process used as feedstock in another process). However, a material will not 
satisfy this condition if distinct components of the material are recovered as 
separate end products (as when metals are recovered from metal-containing 
secondary materials); or 
(B) employed in a particular function or application as an effective substitute 
for a commercial product (for example, spent pickle liquor used as phosphorous 
precipitant and sludge conditioner in wastewater treatment); 
(6) scrap metal is bits and pieces of metal parts (e.g., bars, turnings, rods, 
sheets, wires) or metal pieces that may be combined together with bolts or 
soldering (e.g., radiators, scrap automobiles, railroad box cars), which when 
worn or superfluous can be recycled; 
(7) a material is recycled if it is used, reused, or reclaimed; 
(8) a material is accumulated speculatively if it is accumulated before being 
recycled. A material is not accumulated speculatively, however, if the person 
accumulating it can show that the material is potentially recyclable and has a 
feasible means of being recycled; and that, during the calendar year (commencing 
on January 1), the amount of material that is recycled, or transferred to a 
different site for recycling, equals at least 75% by weight or volume of the 
amount of that material accumulated at the beginning of the period. In 
calculating the percentage of turnover, the 75% requirement is to be applied to 
each material of the same type (e.g., slags from a single smelting process) that 
is recycled in the same way (i.e., from which the same material is recovered or 
that is used in the same way). Materials accumulating in units that would be 
exempt from regulation under 40 Code of Federal Regulations sec.261.4(c) are not 
to be included in making the calculation. (Materials that are already defined as 
solid wastes also are not to be included in making the calculation.) Materials 
are no longer in this category once they are removed from accumulation for 
recycling, however. 
<nl>(9)<ol> Excluded scrap metal is processed scrap metal, unprocessed home 
scrap metal, and unprocessed prompt scrap metal. 
<nl>(10)<ol> Processed scrap metal is scrap metal which has been manually or 
physically altered to either separate it into distinct materials to enhance 
economic value or to improve the handling of materials. Processed scrap metal 
includes, but is not limited to scrap metal which has been baled, shredded, 
sheared, chopped, crushed, flattened, cut, melted, or separated by metal type 
(i.e., sorted), and, fines, drosses and related materials which have been 
agglomerated. (Note: shredded circuit boards being sent for recycling are not 
considered processed scrap metal. They are covered under the exclusion from the 
definition of solid waste for shredded circuit boards being recycled (40 Code of 
Federal Regulations sec.261.4(a)(13)).
<nl>(11)<ol> Home scrap metal is scrap metal as generated by steel mills, 
foundries, and refineries such as turnings, cuttings, punchings, and borings. 
<nl>(12)<ol> Prompt scrap metal is scrap metal as generated by the metal 
working/fabrication industries and includes such scrap metal as turnings, 
cuttings, punchings, and borings. Prompt scrap is also known as industrial or 
new scrap metal. 
<nl>(b)<ol> Other portions of this chapter that relate to solid wastes that are 
recycled include sec.335.1 of this title (relating to Definitions), under the 
definition of "Solid Waste," sec.335.6 of this title (relating to Notification 
Requirements), sec.335.18 of this title (relating to Variances from 
Classification as a Solid Waste), sec.335.19 of this title (relating to 
Standards and Criteria for Variances from Classification as a Solid Waste), 
sec.335.24 of this title (relating to Requirements for Recyclable Materials and 
Nonhazardous Recyclable Materials), and Subchapter H (relating to Standards for 
the Management of Specific Wastes and Specific Types of Materials).

sec.335.18. Variances from Classification as a Solid Waste. 
<nl>(a)<ol> In accordance with the standards and criteria in sec.335.19 of this 
title (relating to Standards and Criteria for Variances from Classification as a 
Solid Waste) and the procedures in sec.335.21 of this title (relating to 
Procedures for Variances from Classification as a Solid Waste or to be 
Classified as a Boiler), the executive director may determine on a case-by-case 
basis that the following recyclable materials and nonhazardous recyclable 
materials are not solid wastes: 
(1) materials that are accumulated speculatively without sufficient amounts 
being recycled (as defined in sec.335.17 of this title (relating to Special 
Definitions for Recyclable Materials and Nonhazardous Recyclable Materials)); 
(2) materials that are reclaimed and then reused within the original production 
process in which they were generated; or 
(3) materials that have been reclaimed but must be reclaimed further before the 
materials are completely recovered. 
<nl>(b)<ol> Other portions of this chapter that relate to solid wastes that are 
recycled include sec.335.1 of this title (relating to Definitions), under the 
definition of "Solid Waste," sec.335.6 of this title (relating to Notification 
Requirements), sec.335.17 of this title (relating to Special Definitions for 
Recyclable Materials and Nonhazardous Recyclable Materials), sec.335.19 of this 
title (relating to Standards and Criteria for Variances from Classification as a 
Solid Waste), sec.335.24 of this title (relating to Requirements for Recyclable 
Materials and Nonhazardous Recyclable Materials), and Subchapter H of this 
chapter (relating to Standards for the Management of Specific Wastes and 
Specific Types of Materials).

sec.335.19. Standards and Criteria for Variances from Classification as a Solid 
Waste. 
(a) The executive director may grant requests for a variance from classifying as 
a solid waste those materials that are accumulated speculatively without 
sufficient amounts being recycled if the applicant demonstrates that sufficient 
amounts of the material will be recycled or transferred for recycling in the 
following year. If a variance is granted, it is valid only for the following 
year, but can be renewed, on an annual basis, by filing a new application. The 
executive director's decision will be based on the following [standards and] 
criteria: 
(1)-(5) (No change.) 
(b)-(c) (No change.) 
<nl>(d)<ol> Other portions of this chapter that relate to solid wastes that are 
recycled include sec.335.1 of this title (relating to Definitions), under the 
definition of "Solid Waste," sec.335.6 of this title (relating to Notification 
Requirements), sec.335.17 of this title (relating to Special Definitions for 
Recyclable Materials and Nonhazardous Recyclable Materials), sec.335.18 of this 
title (relating to Variances from Classification as a Solid Waste), sec.335.24 
of this title (relating to Requirements for Recyclable Materials and 
Nonhazardous Recyclable Materials), and Subchapter H of this chapter (relating 
to Standards for the Management of Specific Wastes and Specific Types of 
Materials). 

sec.335.21. Procedures for Variances from Classification as a Solid Waste or to 
be Classified as a Boiler. 
The executive director will use the following procedures in evaluating 
applications for variances from classification as a solid waste or applications 
to classify particular enclosed flame combustion devices as boilers: 
(1) <nl>The applicant must apply to the executive director for the variance.<ol> 
The application must address the relevant criteria contained in sec.335.19 of 
this title (relating to Standards and Criteria for Variances from Classification 
as a Solid Waste) <nl>or<ol> [and] sec.335.20 of this title (relating to 
Variance to be Classified as a Boiler). 
(2) The executive director will evaluate the application and issue a draft 
notice tentatively granting or denying the application. Notification of this 
tentative decision will be provided by newspaper advertisement <nl> or<ol> [and] 
radio broadcast in the locality where the recycler is located. The executive 
director will accept comment on the tentative decision for 30 days, and may also 
hold a public hearing upon request or at his discretion. The executive director 
will issue a final decision after receipt of comments and after the hearing (if 
any). Any person affected by a final decision of the executive director may 
<nl>file with the chief clerk a motion for reconsideration, subject to 
sec.50.39(b)-(f) of this title (relating to Motion for Reconsideration) <ol> 
[petition the commission to review the decision. Any person affected by the 
final decision or order of the commission may file a petition for judicial 
review within 30 days after the decision or order is final and appealable, in 
accordance with Chapter 273 of this title (relating to Procedures After Final 
Decision) and the Texas Administrative Procedure and Texas Register Act, Article 
6252-13a]. 

sec.335.23. Procedures for Case-By-Case Regulation of Hazardous Waste Recycling 
Activities.
The commission will use the following procedures when determining whether to 
regulate hazardous waste recycling activities described in sec.335.24(b)(3) of 
this title (relating to Requirements for Recyclable Materials and Nonhazardous 
Recyclable Materials) under the provisions of sec.335.24(d)-(f) of this title 
(relating to Requirements for Recyclable Materials and Nonhazardous Recyclable 
Materials), rather than under the provisions governing Recyclable Materials 
Utilized for Precious Metal Recovery under Subchapter H of this chapter 
(relating to Standards for the Management of Specific Wastes and Specific Types 
of Facilities). 
(1) (No change.) 
(2) If the person is accumulating the recyclable material at a storage facility, 
the notice will state that the person must obtain a permit in accordance with 
all applicable provisions of Chapter 305 of this title (relating to Consolidated 
Permits)<nl>;<ol> [and] Chapter 1 of this title (relating to Purpose of Rules, 
General Provisions); Chapter 3 of this title (relating to Definitions); Chapter 
10 of this title (relating to Commission Meetings); <nl>Chapter 20 of this title 
(relating to Rulemaking); Chapter 37 of this title (relating to Financial 
Assurance); Chapter 39 of this title (relating to Public Notice);<ol> Chapter 40 
of this title (relating to Alternative Dispute Resolution Procedures); Chapter 
50 of this title (relating to Action on Applications); Chapter 55 of this title 
(relating to Request for Contested Case Hearings); [and] <nl>Chapter 70 of this 
title (relating to Enforcement);<ol> Chapter 80 of this title (relating to 
Contested Case Hearings); <nl>Chapter 86 of this title (relating to Special 
Provisions for Contested Case Hearings; Chapter 261 of this title (relating to 
Introductory Provisions); and Chapter 277 of this title (relating to Use 
Determinations for Tax Exemption for Pollution Control Property)<ol>. The owner 
or operator of the facility must apply for a permit within no less than 60 days 
and no more than six months of notice, as specified in the notice. If the owner 
or operator of the facility wishes to challenge the commission's decision, he 
may do so in his permit application, in a public hearing held on the draft 
permit, or in comments filed on the draft permit or on the notice of intent to 
deny the permit. The proposal for decision accompanying the permit will include 
the reasons for the commission's determination. The question of whether the 
commission's decision was proper will remain open for consideration during the 
public comment period and in any subsequent hearing. 

sec.335.24. Requirements For Recyclable Materials and Nonhazardous Recyclable 
Materials. 
(a) (No change.) 
(b) The following recyclable materials are not subject to the requirements of 
this section, except as provided in subsections (g) and (h) of this section, but 
are regulated under the applicable provisions of Subchapter H of this chapter 
(relating to Standards for the Management of Specific Wastes and Specific Types 
of Facilities) and all applicable provisions in Chapter 305 of this title 
(relating to Consolidated Permits)<nl>;<ol> [and] Chapter 1 of this title 
(relating to Purpose of Rules, General Provisions); Chapter 3 of this title 
(relating to Definitions); Chapter 10 of this title (relating to Commission 
Meetings); <nl>Chapter 20 of this title (relating to Rulemaking); Chapter 37 of 
this title (relating to Financial Assurance); Chapter 39 of this title (relating 
to Public Notice);<ol> Chapter 40 of this title (relating to Alternative Dispute 
Resolution Procedures); Chapter 50 of this title (relating to Action on 
Applications); Chapter 55 of this title (relating to Request for Contested Case 
Hearings); <nl>Chapter 70 of this title (relating to Enforcement);<ol> [and] 
Chapter 80 of this title (relating to Contested Case Hearings)<nl>; Chapter 86 
of this title (relating to Special Provisions for Contested Case Hearings; 
Chapter 261 of this title (relating to Introductory Provisions); and Chapter 277 
of this title (relating to Use Determinations for Tax Exemption for Pollution 
Control Property)<ol> . 
(1)-(4) (No change.) 
(c) The following recyclable materials are not subject to regulation under 
Subchapters B-I <nl>or<ol> [and] O of this chapter (relating to Hazardous Waste 
Management General Provisions; Standards Applicable to Generators of Hazardous 
Waste; Standards Applicable to Transporters of Hazardous Waste; Permitting 
Standards for Owners and Operators of Hazardous Waste Storage, Processing, or 
Disposal Facilities; Interim Standards for Owners and Operators of Hazardous 
Waste Storage, Processing, or Disposal Facilities; Location Standards for 
Hazardous Waste Storage, Processing, or Disposal; Standards for the Management 
of Specific Wastes and Specific Types of Facilities; Prohibition on Open Dumps; 
and Land Disposal Restrictions)<nl>;<ol> [or] Chapter 1 of this title (relating 
to Purpose of Rules, General Provisions); Chapter 3 of this title (relating to 
Definitions); Chapter 10 of this title (relating to Commission Meetings); 
<nl>Chapter 20 of this title (relating to Rulemaking); Chapter 37 of this title 
(relating to Financial Assurance); Chapter 39 of this title (relating to Public 
Notice);<ol> Chapter 40 of this title (relating to Alternative Dispute 
Resolution Procedures); Chapter 50 of this title (relating to Action on 
Applications); Chapter 55 of this title (relating to Request for Contested Case 
Hearings); <nl>Chapter 70 of this title (relating to Enforcement);<ol> Chapter 
80 of this title (relating to Contested Case Hearings); <nl>Chapter 86 of this 
title (relating to Special Provisions for Contested Case Hearings; Chapter 261 
of this title (relating to Introductory Provisions); Chapter 277 of this title 
(relating to Use Determinations for Tax Exemption for Pollution Control 
Property)<ol> <nl>or<ol> [and] Chapter 305 of this title (relating to 
Consolidated Permits), except as provided in subsections (g) and (h) of this 
section: 
(1) (No change.) 
[(2) used batteries (or used battery cells) returned to a battery manufacturer 
for regeneration;] 
<nl>(2)<ol> [(3)] scrap metal <nl>that is not already excluded under 40 Code of 
Federal Regulations sec.261.4(a)(13) <ol> ; 
<nl>(3)<ol> [(4)] fuels produced from the refining of oil-bearing hazardous 
waste[s] along with normal process streams at a petroleum refining facility if 
such wastes result from normal petroleum refining, production, and 
transportation practices <nl>(this exemption does not apply to fuels produced 
from oil recovered from oil-bearing hazardous waste, where such recovered oil is 
already excluded under 40 Code of Federal Regulations sec.261.4(a)(12))<ol>;
[(5) oil reclaimed from hazardous waste resulting from normal petroleum 
refining, production, and transportation practices, which oil is to be refined 
along with normal process streams at a petroleum refining facility;] 
<nl>(4)<ol> [(6)] the following hazardous waste fuels: 
(A) hazardous waste fuel produced from oil-bearing hazardous wastes from 
petroleum refining, production or transportation practices, or produced from oil 
reclaimed from such hazardous wastes where such hazardous wastes are 
reintroduced into a process that does not use distillation or does not produce 
products from crude oil so long as the resulting fuel meets the used oil 
specification under 40 CFR sec.279.11 and so long as no other hazardous wastes 
are used to produce the hazardous waste fuel; 
(B) hazardous waste fuel produced from oil-bearing hazardous waste from 
petroleum refining production, and transportation practices, where such 
hazardous wastes are reintroduced into a refining process after a point at which 
contaminants are removed, so long as the fuel meets the used oil fuel 
specification under 40 CFR sec.279.11; 
(C) oil reclaimed from oil-bearing hazardous wastes from petroleum refining, 
production, and transportation practices, which reclaimed oil is burned as fuel 
without reintroduction to a refining process, so long as the reclaimed oil meets 
the used oil fuel specification under 40 CFR sec.279.11; and 
<nl>(5)<ol> [(7)] petroleum coke produced from petroleum refinery hazardous 
wastes containing oil by the same person who generated the waste, unless the 
resulting coke product exceeds one or more of the characteristics of hazardous 
waste in 40 CFR Part 261, Subpart C. 
(d) (No change.) 
(e) Owners or operators of facilities that store recyclable materials before 
they are recycled are regulated under all applicable provisions of this chapter, 
and Chapter 305 of this title (relating to Consolidated Permits)<nl>;<ol> [and] 
Chapter 1 of this title (relating to Purpose of Rules, General Provisions); 
Chapter 3 of this title (relating to Definitions); Chapter 10 of this title 
(relating to Commission Meetings); <nl>Chapter 20 of this title (relating to 
Rulemaking); Chapter 37 of this title (relating to Financial Assurance); Chapter 
39 of this title (relating to Public Notice);<ol> Chapter 40 of this title 
(relating to Alternative Dispute Resolution Procedures); Chapter 50 of this 
title (relating to Action on Applications); Chapter 55 of this title (relating 
to Request for Contested Case Hearings); <nl>Chapter 70 of this title (relating 
to Enforcement);<ol> [and] Chapter 80 of this title (relating to Contested Case 
Hearings), <nl>Chapter 277 of this title (relating to Use Determinations for Tax 
Exemption for Pollution Control Property);<ol> and the notification requirements 
under sec.335.6 of this title (relating to Notification Requirements), except as 
provided in subsections (a)-(c) of this section. The recycling process itself is 
exempt from regulation. 
(f) (No change.) 
(g) <nl>Recyclable<ol> [Except as provided in subsection (h) of this section, 
recyclable] materials (excluding those listed in <nl> subsections<ol> 
[subsection] <nl>(b)(4),<ol> (c)(1)<nl>, <ol> and <nl>(2) -(5)<ol> [(3)-(7)] of 
this section) remain subject to the requirements of sec.sec.335.4, 335.6, and 
335.9 - 335.15 of this title (relating to General Prohibitions; Notification 
Requirements; Recordkeeping and Annual Reporting Procedures Applicable to 
Generators; Shipping and Reporting Procedures Applicable to Generators of 
Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste; 
Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste; 
Shipping Requirements Applicable to Owners or Operators of Storage, Processing, 
or Disposal Facilities; Recordkeeping and Reporting Procedures Applicable to 
Generators Shipping Hazardous Waste or Class 1 Waste; Recordkeeping Requirements 
Applicable to Transporters of Hazardous Waste or Class 1 Waste; and 
Recordkeeping and Reporting Requirements Applicable to Owners or Operators of 
Storage, Processing, or Disposal Facilities), as applicable. <nl>Recyclable 
materials listed in subsections (b)(4) and (c)(2) of this section remain subject 
to the requirements of subsection (h) of this section.<ol> 
(h) Industrial solid wastes that are nonhazardous recyclable materials[;] and 
recyclable materials listed in subsection (b)(4) and subsection (c)(2) [and (3)] 
of this section remain subject to the requirements of sec.335.4 of this title 
(relating to General Prohibitions) [and sec.335.6 of this title (relating to 
Notification Requirements)]. <nl>In addition, recyclable materials listed in 
subsection (c)(2) of this section remain subject to the requirements of 
sec.335.6 of this title (relating to Notification Requirements). Industrial 
solid wastes that are nonhazardous recyclable materials; and recyclable 
materials listed in subsection (b)(4) and subsection (c)(2) of this section<ol> 
[Such wastes] may also be subject to the requirements of sec.sec.335.10 - 335.15 
of this title (relating to Shipping and Reporting Procedures Applicable to 
Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of 
Hazardous Waste; Shipping Requirements for Transporters of Hazardous Waste or 
Class 1 Waste; Shipping Requirements Applicable to Owners or Operators of 
Storage, Processing, or Disposal Facilities; Recordkeeping and Reporting 
Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste 
and Primary Exporters of Hazardous Waste; Recordkeeping Requirements Applicable 
to Transporters of Hazardous Waste or Class 1 Waste; and Recordkeeping and 
Reporting Requirements Applicable to Owners or Operators of Storage, Processing, 
or Disposal Facilities), as applicable, if the executive director determines 
that such requirements are necessary to protect human health and the 
environment. In making the determination, the executive director shall consider 
the following criteria: 
(1)-(9) (No change.) 
(i) (No change.) 
<nl>(j)<ol> Used oil that is recycled and is also a hazardous waste solely 
because it exhibits a hazardous characteristic is not subject to the 
requirements of Subchapters A-I or O of this chapter (relating to Industrial 
Solid Waste and Municipal Hazardous Waste in General; Hazardous Waste Management 
General Provisions; Standards Applicable to Generators of Hazardous Waste; 
Standards Applicable to Transporters of Hazardous Waste; Permitting Standards 
for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal 
Facilities; Interim Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities; Location Standards for Hazardous 
Waste Storage, Processing, or Disposal; Standards for the Management of Specific 
Wastes and Specific Types of Facilities; Prohibition on Open Dumps; and Land 
Disposal Restrictions), but is regulated under Chapter 324 of this title 
(relating to Used Oil). Used oil that is recycled includes any used oil which is 
reused, following its original use, for any purpose (including the purpose for 
which the oil was originally used). Such term includes, but is not limited to, 
oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed. 
<nl>(k)<ol> Owners or operators of facilities subject to hazardous waste 
permitting requirements with hazardous waste management units that recycle 
hazardous wastes are subject to the requirements of 40 Code of Federal 
Regulations Part 264 or Part 265, Subparts AA and BB, as adopted by reference 
under sec.335.152(a)(17)-(18) and sec.335.112(a)(19)-(20).
<nl>(l)<ol> Hazardous waste that is exported to or imported from designated 
member countries of the Organization for Economic Cooperation and Development 
(OECD), as defined in 40 Code of Federal Regulations (CFR) sec.262.58(a)(1), for 
purpose of recovery is subject to the requirements of 40 CFR Part 262, Subpart H 
(both federal regulation references as amended and adopted through April 12, 
1996 at 61 FedReg 16290), if it is subject to the federal manifesting 
requirements of 40 CFR Part 262, or subject to the universal waste management 
standards of 40 CFR Part 273, or subject to sec.335.261 of this title (relating 
to Universal Waste Rule). 
<nl>(m)<ol> Other portions of this chapter that relate to solid wastes that are 
recycled include sec.335.1 of this title (relating to Definitions), under the 
definition of "Solid Waste," sec.335.6 of this title (relating to Notification 
Requirements), sec.335.17 of this title (relating to Special Definitions for 
Recyclable Materials and Nonhazardous Recyclable Materials), sec.335.18 of this 
title (relating to Variances from Classification as a Solid Waste), sec.335.19 
of this title (relating to Standards and Criteria for Variances from 
Classification as a Solid Waste), and Subchapter H of this chapter (relating to 
Standards for the Management of Specific Wastes and Specific Types of 
Materials). 

sec.335.29. Adoption of Appendices by Reference.
The following appendices contained in 40 Code of Federal Regulations Part 261 
are adopted by reference as amended and adopted through April 1, 1987, and as 
further amended as indicated in each paragraph: 
(1)-(3) (No change.) 
(4) Appendix VII - Basis for Listing Hazardous Waste (as amended through 
<nl>February 9, 1995, at 60 FedReg 7824<ol> [October 15, 1992, at 57 FedReg 
47376]); 
(5) Appendix VIII--Hazardous Constituents (as amended through <nl>April 17, 
1995, at 60 FedReg 19165<ol> [June 20, 1994, at 59 FedReg 31551]); and 
(6) (No change.) 

sec.335.31. Incorporation of References. 
When used in Chapter 335 of this title (relating to Industrial Solid Waste and 
Municipal Hazardous Waste), the references contained in 40 Code of Federal 
Regulations sec.260.11 are incorporated by reference as amended and adopted in 
the Code of Federal Regulations through June <nl>13, 1997, at 62 FedReg 
32451<ol> [2, 1994, at 59 FedReg 28484]. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809154
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER B. Hazardous Waste Management General Provisions
30 TAC sec.335.41
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.41. Purpose, Scope and Applicability. 
(a)-(i) (No change.) 
<nl>(j)<ol> <nl>Except as specified in sec.335.261 of this title (relating to 
Universal Waste Rule), Subchapters B-F and O of this chapter (relating to 
Hazardous Waste Management General Provisions; Standards Applicable to 
Generators of Hazardous Waste; Standards Applicable to Transporters of Hazardous 
Waste; Permitting Standards for Owners and Operators of Hazardous Waste Storage, 
Processing, or Disposal Facilities; Interim Standards for Owners and Operators 
of Hazardous Waste Storage, Processing, or Disposal Facilities; and Land 
Disposal Restrictions) and Chapter 305 of this title (relating to Consolidated 
Permits) do not apply to universal wastes, universal waste handlers, or 
universal waste transporters as defined in sec.335.261 of this title (relating 
to Universal Waste Rule). Universal wastes are not fully regulated hazardous 
wastes, but are subject to regulation under sec.335.261 of this title (relating 
to Universal Waste Rule). <ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809155
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER C. Standards Applicable to Generators of Hazardous Waste
30 TAC sec.sec.335.61, 335.62, 335.76, 335.78
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt any rules necessary to 
carry out its powers and duties under the provisions of the Texas Water Code or 
other laws of this state; and under Texas Health and Safety Code, Solid Waste 
Disposal Act, sec.361.017 and sec.361.024, which authorize the commission to 
regulate industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendments and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.61. Purpose, Scope and Applicability. 
(a)-(f) (No change.) 
<nl>(g)<ol> Section 335.78(c) and (d) of this title (relating to Special 
Requirements for Hazardous Waste Generated By Conditionally Exempt Small 
Quantity Generators) must be used to determine the applicability of provisions 
of this subchapter that are dependent on calculations of the quantity of 
hazardous waste generated per month. 

sec.335.62. Hazardous Waste Determination and Waste Classification. 
A person who generates a solid waste must determine if that waste is hazardous 
pursuant to sec.335.504 of this title (relating to Hazardous Waste 
Determination) and must classify any nonhazardous waste under the provisions of 
Subchapter R of this chapter (relating to Waste Classification). <nl> If the 
waste is determined to be hazardous, the generator must refer to this chapter 
and to 40 Code of Federal Regulations Parts 261, 264, 265, 266, 268, and 273 for 
any possible applicable exclusions or restrictions pertaining to management of 
the specific waste.<ol>

sec.335.76. Additional Requirements Applicable to International Shipments. 
(a) Any person who exports hazardous waste to a foreign country or imports 
hazardous waste from a foreign country into the state must comply with the 
requirements of this title and with the special requirements of this section. 
Except to the extent the regulations contained in 40 Code of Federal Regulations 
(CFR) sec.262.58, <nl>as amended and adopted through April 12, 1996, at 61 
FedReg 16290<ol> [which are in effect as of November 8, 1986], provide 
otherwise, a primary exporter of hazardous waste must comply with the special 
requirements of this section as they apply to primary exporters, and a 
transporter transporting hazardous waste for export must comply with applicable 
requirements of sec.335.11 of this title (relating to Shipping Requirements for 
Transporters of Hazardous Waste or Class 1 Waste) and sec.335.14 of this title 
(relating to Recordkeeping Requirements Applicable to Transporters of Hazardous 
Waste or Class 1 Waste) and Subchapter D of this chapter (relating to Standards 
Applicable to Transporters of Hazardous Waste). 40 CFR sec.262.58 sets forth the 
requirements of international agreements between the United States and receiving 
countries which establish different notice, export, and enforcement procedures 
for the transportation, processing, storage, and disposal of hazardous waste for 
shipments between the United States and those countries. 
(b) Exports of hazardous waste are prohibited except in compliance with the 
applicable requirements of this subchapter, the special requirements of this 
section, and sec.335.11 of this title (relating to Shipping Requirements for 
Transporters of Hazardous Waste or Class 1 Waste) and sec.335.14 of this title 
(relating to Recordkeeping Requirements Applicable to Transporters of Hazardous 
Waste or Class 1 Waste) and Subchapter D of this chapter (relating to Standards 
Applicable to Transporters of Hazardous Waste). Exports of hazardous waste are 
prohibited unless: 
(1) notification in accordance with the regulations contained in 40 CFR 
sec.262.53, <nl>as amended and adopted through April 12, 1996, at 61 FedReg 
16290<ol> [which are in effect as of November 8, 1986], has been provided; 
(2)-(5) (No change.) 
(c)-(e) (No change.) 
(f) Any person who exports hazardous waste to a foreign country or imports 
hazardous waste from a foreign country into the state must comply with the 
requirements of the regulations contained in 40 CFR sec.262.58 (International 
Agreements), <nl>as amended and adopted through April 12, 1996, at 61 FedReg 
16290<ol> [which are in effect as of November 8, 1986]. 
(g) (No change.) 
<nl>(h)<ol> Transfrontier shipments of hazardous waste for recovery within the 
Organization for Economic Cooperation and Development are subject to 40 CFR Part 
262, Subpart H, which is adopted by reference as amended and adopted in the CFR 
through April 12, 1996, at 61 FedReg 16290. 

sec.335.78. Special Requirements for Hazardous Waste Generated By Conditionally 
Exempt Small Quantity Generators. 
(a) (No change.) 
(b) Except for those wastes identified in subsections (e)-(g) and (j) of this 
section, a conditionally exempt small quantity generator's hazardous wastes are 
not subject to regulation under Subchapters C-H and O of this chapter (relating 
to Standards Applicable to Generators of Hazardous Waste; Standards Applicable 
to Transporters of Hazardous Waste; Interim Standards for Owners and Operators 
of Hazardous Waste Storage, Processing, or Disposal Facilities; Permitting 
Standards for Owners and Operators of Hazardous Waste Storage, Processing, or 
Disposal Facilities; Location Standards for Hazardous Waste Storage, Processing, 
or Disposal; Standards for the Management of Specific Wastes and Specific Types 
of Facilities; and Land Disposal Restrictions)<nl> ;<ol> [and] <nl>Chapter 1 of 
this title (relating to Purpose of Rules, General Provisions); Chapter 3 of this 
title (relating to Definitions); Chapter 10 of this title (relating to 
Commission Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 
37 of this title (relating to Financial Assurance); Chapter 39 of this title 
(relating to Public Notice); Chapter 40 of this title (relating to Alternative 
Dispute Resolution); Chapter 50 of this title (relating to Actions on 
Applications); Chapter 55 of this title (relating to Request for Contested Case 
Hearings); Chapter 70 of this title (relating to Enforcement); Chapter 80 of 
this title (relating to Contested Case Hearings); Chapter 86 of this title 
(relating to Special Provisions for Contested Case Hearings; Chapter 261 of this 
title (relating to Introductory Provisions); Chapter 277 of this title (relating 
to Use Determinations for Tax Exemption for Pollution Control Property); Chapter 
305 of this title (relating to Consolidated Permits);<ol> [Chapters 261, 263, 
265, 267, 269, 271, 273, and 305 (relating to Introductory Provisions; General 
Rules; Procedures Before Public Hearing; Procedures During Public Hearing; 
Procedures After Public Hearing Before An Examiner; Procedures After Public 
Hearing Before the Full Commission; Procedures After Final Decision; and 
Consolidated Permits) and] <nl>or<ol> the notification requirements of the 
Resource Conservation and Recovery Act, sec.3010, provided the generator 
complies with the requirement of subsections (f), (g), and (j) of this section. 
(c) <nl>When making the quantity determinations of Subchapters A-C of this 
chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste in 
General; Hazardous Waste Management General Provisions; and Standards Applicable 
to Generators of Hazardous Waste), the generator must include all hazardous 
waste it generates, except hazardous waste that:<ol> [Hazardous waste that is 
not subject to regulation or that is subject only to sec.335.62, sec.335.63, 
sec.335.70 and sec.335.71 of this title (relating to Hazardous Waste 
Determination; EPA Identification Numbers; Recordkeeping; and Annual Reporting) 
is not included in the quantity determinations of this section and Subchapters 
C-H and O of this chapter (relating to Standards Applicable to Generators of 
Hazardous Waste; Standards Applicable to Transporters of Hazardous Waste; 
Interim Standards for Owners and Operators of Hazardous Waste Storage, 
Processing, or Disposal Facilities; Permitting Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal Facilities; 
Location Standards for Hazardous Waste Storage, Processing, or Disposal; and 
Standards for the Management of Specific Wastes and Specific Types of 
Facilities; and Land Disposal Restrictions) and Chapter 305 of this title 
(relating to Consolidated Permits) and is not subject to any of the requirements 
of such subchapters or chapter. Hazardous waste that is subject to the 
requirements of sec.sec.335.24(d)-(f), 335.211-335.214, sec.335.221-335.226 and 
335.241 of this title (relating to Requirements for Recyclable Materials and 
Nonhazardous Recyclable Materials; Recyclable Materials Used in an Manner 
Constituting Disposal; Hazardous Waste Burned for Energy Recovery; and 
Applicability) is included in the quantity determination of this section and is 
subject to the requirements of Subchapters C-H of this chapter (relating to 
Standards Applicable to Generators of Hazardous Waste; Standards Applicable to 
Transporters of Hazardous Waste; Interim Standards for Owners and Operators of 
Hazardous Waste Storage, Processing, or Disposal Facilities; Permitting 
Standards for Owners and Operators of Hazardous Waste Storage, Processing, or 
Disposal Facilities; Location Standards for Hazardous Waste Storage, Processing, 
or Disposal; and Standards for the Management of Specific Wastes and Specific 
Types of Facilities) and Chapter 305 of this title (relating to Consolidated 
Permits).] 
<nl>(1)<ol> is exempt from regulation under 40 Code of Federal Regulations (CFR) 
sec.261.4(c)-(f), sec.335.24(c) of this title (relating to Requirements For 
Recyclable Materials and Nonhazardous Recyclable Materials), sec.335.41(f)(1) of 
this title (relating to Purpose, Scope and Applicability), or 40 CFR sec.261.8; 
<nl>(2)<ol> is managed immediately upon generation only in on-site elementary 
neutralization units, wastewater treatment units, or totally enclosed treatment 
facilities as defined in sec.335.1 of this title (relating to Definitions); 
(3) is recycled, without prior storage or accumulation, only in an on-site 
process subject to regulation under sec.335.24(f) of this title (relating to 
Requirements For Recyclable Materials and Nonhazardous Recyclable Materials); 
<nl>(4)<ol> is used oil managed under the requirements of sec.335.24(j) of this 
title (relating to Requirements For Recyclable Materials and Nonhazardous 
Recyclable Materials) and Chapter 324 of this title (relating to Used Oil); 
<nl>(5)<ol> are spent lead-acid batteries managed under the requirements of 
sec.335.251 of this title (relating to Applicability and Requirements); or 
<nl>(6)<ol> is universal waste managed under sec.335.41(j) of this title 
(relating to Purpose, Scope and Applicability) and sec.335.261 of this title 
(relating to Universal Waste Rule). 
(d) (No change.) 
(e) If a generator generates acute hazardous waste in a calendar month in 
quantities greater than set forth in paragraphs (1) or (2) of this subsection, 
all quantities of that acute hazardous waste are subject to full regulation 
under Subchapters C-H and O of this chapter (relating to Standards Applicable to 
Generators of Hazardous Waste; Standards Applicable to Transporters of Hazardous 
Waste; Interim Standards for Owners and Operators of Hazardous Waste Storage, 
Processing, or Disposal Facilities; Permitting Standards for Owners and 
Operators of Hazardous Waste Storage, Processing, or Disposal Facilities; 
Location Standards for Hazardous Waste Storage, Processing, or Disposal; and 
Standards for the Management of Specific Wastes and Specific Types of 
Facilities; and Land Disposal Restrictions)<nl>;<ol> [and] <nl>Chapter 1 of this 
title (relating to Purpose of Rules, General Provisions); Chapter 3 of this 
title (relating to Definitions); Chapter 10 of this title (relating to 
Commission Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 
37 of this title (relating to Financial Assurance); Chapter 39 of this title 
(relating to Public Notice); Chapter 40 of this title (relating to Alternative 
Dispute Resolution); Chapter 50 of this title (relating to Actions on 
Applications); Chapter 55 of this title (relating to Request for Contested Case 
Hearings); Chapter 70 of this title (relating to Enforcement); Chapter 80 of 
this title (relating to Contested Case Hearings); Chapter 86 of this title 
(relating to Special Provisions for Contested Case Hearings; Chapter 261 of this 
title (relating to Introductory Provisions); Chapter 277 of this title (relating 
to Use Determinations for Tax Exemption for Pollution Control Property); Chapter 
305 of this title (relating to Consolidated Permits); <ol> [Chapters 261, 263, 
265, 267, 269, 271, 273 and 305 of this title (relating to Introductory 
Provisions; General Rules; Procedures Before Public Hearing; Procedures During 
Public Hearing; Procedures After Public Hearing Before An Examiner; Procedures 
After Public Hearing Before the Full Commission; Procedures After Final 
Decision; and Consolidated Permits)] and the notification requirements of the 
Resource Conservation and Recovery Act, sec.3010:
(1) a total of one kilogram of acute hazardous waste listed in 40 <nl>CFR<ol> 
[Code of Federal Regulations] sec.sec.261.31, 261.32, or 261.33(e); or 
(2) a total of 100 kilograms of any residue or contaminated soil, waste, or 
other debris resulting from the clean-up of a spill, into or on any land or 
water, of any acute hazardous wastes listed in 40 <nl> CFR<ol> [Code of Federal 
Regulations,] sec.sec.261.31, 261.32, or 261.33(e). 
(f) In order for acute hazardous wastes generated by a generator of acute 
hazardous wastes in quantities equal to or less than those set forth in 
subsection (e)(1) or (2) of this section to be excluded from full regulation 
under this section, the generator must comply with the following requirements:
(1) (No change.) 
(2) The generator may accumulate acute hazardous waste on-site. If <nl>the 
generator<ol> [he] accumulates at any time acute hazardous wastes in quantities 
greater than those set forth in subsection (e)(1) or (2) of this section, all of 
those accumulated wastes are subject to regulation under Subchapters C-H and O 
of this chapter (relating to Standards Applicable to Generators of Hazardous 
Waste; Standards Applicable to Transporters of Hazardous Waste; Interim 
Standards for Owners and Operators of Hazardous Waste Storage, Processing, or 
Disposal Facilities; Permitting Standards for Owners and Operators of Hazardous 
Waste Storage, Processing, or Disposal Facilities; Location Standards for 
Hazardous Waste Storage, Processing, or Disposal; Standards for the Management 
of Specific Wastes and Specific Types of Facilities; and Land Disposal 
Restrictions)<nl>;<ol> [and] <nl>Chapter 1 of this title (relating to Purpose of 
Rules, General Provisions); Chapter 3 of this title (relating to Definitions); 
Chapter 10 of this title (relating to Commission Meetings); Chapter 20 of this 
title (relating to Rulemaking); Chapter 37 of this title (relating to Financial 
Assurance); Chapter 39 of this title (relating to Public Notice); Chapter 40 of 
this title (relating to Alternative Dispute Resolution); Chapter 50 of this 
title (relating to Actions on Applications); Chapter 55 of this title (relating 
to Request for Contested Case Hearings); Chapter 70 of this title (relating to 
Enforcement); Chapter 80 of this title (relating to Contested Case Hearings); 
Chapter 86 of this title (relating to Special Provisions for Contested Case 
Hearings; Chapter 261 of this title (relating to Introductory Provisions); 
Chapter 277 of this title (relating to Use Determinations for Tax Exemption for 
Pollution Control Property); Chapter 305 of this title (relating to Consolidated 
Permits); <ol> [Chapters 261, 263, 265, 267, 269, 271, 273 and 305 of this title 
(relating to Introductory Provisions; General Rules; Procedures Before Public 
Hearing; Procedures During Public Hearing; Procedures After Public Hearing 
Before An Examiner; Procedures After Public Hearing Before the Full Commission; 
Procedures After Final Decision; and Consolidated Permits)] and the notification 
requirements of the Resource Conservation and Recovery Act, sec.3010. The time 
period of sec.335.69(f) of this title (relating to Accumulation Time) for 
accumulation of wastes on-site begins when the accumulated wastes exceed the 
applicable exclusion limit. 
(3) A conditionally exempt small quantity generator may either process or 
dispose of <nl>its<ol> [his] acute hazardous waste in an on-site facility, or 
ensure delivery to an off-site storage, processing or disposal facility, either 
of which, if located in the United States, is: (A) permitted by the United 
States Environmental Protection Agency under 40 <nl>CFR<ol> [Code of Federal 
Regulations] Part 270; 
(B) in interim status under 40 <nl>CFR<ol> [Code of Federal Regulations] Parts 
270 and 265; 
(C) authorized to manage hazardous waste by a state with a hazardous waste 
management program approved under 40 <nl>CFR<ol> [Code of Federal Regulations] 
Part 271; 
(D) permitted, licensed, or registered by a state to manage municipal [or 
industrial] solid waste <nl>and, if managed in a municipal solid waste landfill, 
is subject to 40 CFR Part 258<ol> ; [or] 
<nl>(E)<ol> permitted, licensed, or registered by a state to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-hazardous 
waste disposal unit after January 1, 1998, is subject to the requirements in 40 
CFR sec.sec.257.5-257.30; 
<nl>(F)<ol> [(E)] a facility which: 
(i) beneficially uses or reuses, or legitimately recycles or reclaims its waste; 
or 
(ii) processes its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation<nl>; or<ol> 
<nl>(G)<ol> for universal waste managed under sec.335.261 of this title 
(relating to Universal Waste Rule), a universal waste handler or destination 
facility subject to the requirements of sec.335.261 of this title (relating to 
Universal Waste Rule).
(g) In order for hazardous waste generated by a conditionally exempt small 
quantity generator in quantities of less than 100 kilograms of hazardous waste 
during a calendar month to be excluded from full regulation under this section, 
the generator must comply with the following requirements:
(1) (No change.) 
(2) The conditionally exempt small quantity generator may accumulate hazardous 
waste on-site. If <nl>such generator<ol> [he] accumulates at any time more than 
a total of 1000 kilograms of <nl> its<ol> [his] hazardous wastes, all of those 
accumulated wastes are subject to regulation under the special provisions of 
this subchapter applicable to generators of between 100 kilograms and 1000 
kilograms of hazardous waste in a calendar month as well as the requirements of 
Subchapters D-H and O of this chapter (relating to Standards Applicable to 
Transporters of Hazardous Waste; Interim Standards for Owners and Operators of 
Hazardous Waste Storage, Processing, or Disposal Facilities; Permitting 
Standards for Owners and Operators of Hazardous Waste Storage, Processing, or 
Disposal Facilities; Location Standards for Hazardous Waste Storage, Processing, 
or Disposal; Standards for the Management of Specific Wastes and Specific Types 
of Facilities; and Land Disposal Restrictions)<nl>;<ol> [and] <nl>Chapter 1 of 
this title (relating to Purpose of Rules, General Provisions); Chapter 3 of this 
title (relating to Definitions); Chapter 10 of this title (relating to 
Commission Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 
37 of this title (relating to Financial Assurance); Chapter 39 of this title 
(relating to Public Notice); Chapter 40 of this title (relating to Alternative 
Dispute Resolution); Chapter 50 of this title (relating to Actions on 
Applications); Chapter 55 of this title (relating to Request for Contested Case 
Hearings); Chapter 70 of this title (relating to Enforcement); Chapter 80 of 
this title (relating to Contested Case Hearings); Chapter 86 of this title 
(relating to Special Provisions for Contested Case Hearings; Chapter 261 of this 
title (relating to Introductory Provisions); Chapter 277 of this title (relating 
to Use Determinations for Tax Exemption for Pollution Control Property); Chapter 
305 of this title (relating to Consolidated Permits);<ol> [Chapters 261, 263, 
265, 267, 269, 271, 273 and 305 of this title (relating to Introductory 
Provisions; General Rules; Procedures Before Public Hearing; Procedures During 
Public Hearing; Procedures After Public Hearing Before An Examiner; Procedures 
After Public Hearing Before the Full Commission; Procedures After Final 
Decision; and Consolidated Permits)] and the notification requirements of the 
Resource Conservation and Recovery Act, sec.3010. The time period of 
sec.335.69(f) of this title (relating to Accumulation Time) for accumulation of 
wastes on-site begins for a conditionally exempt small quantity generator when 
the accumulated wastes exceed 1000 kilograms; 
(3) A conditionally exempt small quantity generator may either process or 
dispose of <nl>its<ol> [his] hazardous waste in an on-site facility, or ensure 
delivery to an off-site storage, processing or disposal facility, either of 
which, if located in the United States, is:
(A) permitted by the United States Environmental Protection Agency under 40 
<nl>CFR<ol> [Code of Federal Regulations] Part 270; 
(B) in interim status under 40 <nl>CFR<ol> [Code of Federal Regulations] Parts 
270 and 265; 
(C) authorized to manage hazardous waste by a state with a hazardous waste 
management program approved under 40 <nl>CFR<ol> [Code of Federal Regulations] 
Part 271; 
(D) permitted, licensed, or registered by a state to manage municipal [or 
industrial] solid waste <nl>and, if managed in a municipal solid waste landfill, 
is subject to 40 CFR Part 258 or equivalent or more stringent rules under 
Chapter 330 of this title (relating to Municipal Solid Waste)<ol> ; [or] 
<nl>(E)<ol> permitted, licensed, or registered by a state to manage non-
municipal or industrial non-hazardous waste and, if managed in a non-municipal 
or industrial non-hazardous waste disposal unit after January 1, 1998, is 
subject to the requirements in 40 CFR sec.sec.257.5-257.30 or equivalent or more 
stringent counterpart rules that may be adopted by the commission relating to 
additional requirements for industrial non-hazardous waste disposal units that 
may receive hazardous waste from conditionally exempt small quantity generators; 
<nl>(F)<ol> [(E)] a facility which: 
(i) beneficially uses or reuses, or legitimately recycles or reclaims its waste; 
or 
(ii) processes its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation<nl>; or<ol> 
<nl>(G)<ol> for universal waste managed under sec.335.261 of this title 
(relating to Universal Waste Rule), a universal waste handler or destination 
facility subject to the requirements of sec.335.261 of this title (relating to 
Universal Waste Rule) . 
(h) Hazardous waste subject to the reduced requirements of this section may be 
mixed with non-hazardous waste and remain subject to these reduced requirements 
even though the resultant mixture exceeds the quantity limitations identified in 
this section, unless the mixture meets any of the characteristics of hazardous 
waste identified in 40 <nl>CFR<ol> [Code of Federal Regulations] Part 261, 
Subpart C. 
(i) (No change.) 
(j) If a conditionally exempt small quantity generator's wastes are mixed with 
used oil and the mixture is going to recycling, the mixture is subject to 
Chapter 324 of this title (relating to Used Oil ) and 40 <nl> CFR<ol> [Code of 
Federal Regulations] Part 279. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809156
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER D. Standards Applicable to Transporters of Hazardous Waste
30 TAC sec.335.91
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.91. Scope. 
(a)-(d) (No change.) 
<nl>(e)<ol> A transporter of hazardous waste subject to the federal manifesting 
requirements of 40 Code of Federal Regulations (CFR) Part 262, or subject to 
state hazardous waste manifesting requirements of sec.335.11 of this title 
(relating to Shipping Requirements for Transporters of Hazardous Waste or Class 
I Waste), or subject to the universal waste management standards of 40 CFR Part 
273, or subject to sec.335.261 of this title (relating to Universal Waste Rule), 
that is being imported from or exported to any of the countries listed in 40 CFR 
sec.262.58(a)(1) for purposes of recovery is subject to this subchapter and to 
all other relevant requirements of 40 CFR Part 262, Subpart H, including, but 
not limited to, 40 CFR sec.262.84 for tracking documents. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809157
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER E. Interim Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities
30 TAC sec.335.112, sec.335.114
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt any rules necessary to 
carry out its powers and duties under the provisions of the Texas Water Code or 
other laws of this state; and under Texas Health and Safety Code, Solid Waste 
Disposal Act, sec.361.017 and sec.361.024, which authorize the commission to 
regulate industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendments and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.112.Standards. 
(a) The following regulations contained in 40 Code of Federal Regulations (CFR) 
Part 265 (including all appendices to Part 265) (except as otherwise specified 
herein) are adopted by reference as amended and adopted in the CFR through June 
1, 1990, at 55 FedReg 22685 and as further amended as indicated in each 
paragraph of this section: 
(1) Subpart B -- General Facility Standards (as amended through <nl> April 12, 
1996, at 61 FedReg 16290<ol> [November 18, 1992, at 57 FedReg 54452]); 
(2)-(18) (No change.) 
(19) Subpart AA -- Air Emission Standards for Process Vents (as amended through 
<nl>June 13, 1997, at 62 FedReg 32451<ol> [April 26, 1991, at 56 FedReg 19290]); 
(20) Subpart BB--Air Emission Standards for Equipment Leaks (as amended through 
<nl>June 13, 1997, at 62 FedReg 32451<ol> [April 26, 1991, at 56 FedReg 19290]); 
(21)-(22) (No change.) 
(b)-(c) (No change.)

sec.335.114. Reporting Requirements.
(a) The owner or operator must prepare and submit to the executive director by 
January 25 of each year a single copy of an annual report which covers facility 
activities during the previous year and contains the following information: 
(1)-(2) (No change.) 
(3) the <nl>TNRCC<ol> [TWC] hazardous waste code and a description and the 
quantity of each hazardous waste the facility received during the year; 
(4)-(5) (No change.) 
(6) the most recent closure cost estimate under the regulations contained in 40 
Code of Federal Regulations <nl>(CFR)<ol> sec.265.142, <nl> as amended and 
adopted through August 18, 1992, at 57 FedReg 37194<ol> [which are in effect as 
of May 2, 1986], and sec.335.127 of this title (relating to Cost Estimate for 
Closure), and, for disposal facilities, the most recent post-closure cost 
estimate under the regulations contained in 40 <nl>CFR<ol> [Code of Federal 
Regulations] sec.265.144<nl>, as amended and adopted through<ol> [which are in 
effect as of] May 2, 1986<nl>, at 51 FedReg 16422<ol> ; 
(7)-(9) (No change.) 
(b) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809158
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER F. Permitting Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities
30 TAC sec.sec.335.152, 335.154, 335.156
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt any rules necessary to 
carry out its powers and duties under the provisions of the Texas Water Code or 
other laws of this state; and under Texas Health and Safety Code, Solid Waste 
Disposal Act, sec.361.017 and sec.361.024, which authorize the commission to 
regulate industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendments and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.152. Standards. 
(a) The following regulations contained in 40 Code of Federal Regulations (CFR) 
Part 264 (including all appendices to Part 264) are adopted by reference as 
amended and adopted in the Code of Federal Regulations through June 1, 1990, at 
55 FedReg 22685 and as further amended and adopted as indicated in each 
paragraph of this section: 
(1) Subpart B--General Facility Standards (as amended through <nl> April 12, 
1996, at 61 FedReg 16290<ol> [November 18, 1992, at 57 FedReg 54452]); in 
addition, the facilities which are subject to 40 CFR Part 264, Subpart X, are 
subject to regulation under 40 CFR sec.264.15(b)(4) and sec.264.18(b)(1)(ii); 
(2)-(16) (No change.) 
(17) Subpart AA -- Air Emission Standards for Process Vents (as amended through 
<nl>June 13, 1997, at 62 FedReg 32451<ol> [April 26, 1991 at 56 FedReg 19290]); 
(18) Subpart BB -- Air Emission Standards for Equipment Leaks (as amended 
through <nl>June 13, 1997, at 62 FedReg 32451<ol> [April 26, 1991, at 56 FedReg 
19290]); 
(19) (No change.) 
(20) The following appendices contained in 40 CFR Part 264: 
(A)-(D) (No change.) 
(E) Appendix IX--Ground-Water Monitoring List <nl>(as amended through June 13, 
1997, at 62 FedReg 32451)<ol> . 
(b)-(d) (No change.) 

sec.335.154. Reporting Requirements for Owners and Operators. 
(a) The owner or operator must prepare and submit to the executive director by 
January 25 of each year an annual report which covers facility activities during 
the previous calendar year and which contains the following information: 
(1)-(4) (No change.) 
(5) the most recent closure cost estimate under the regulations contained in 40 
Code of Federal Regulations <nl>(CFR)<ol> sec.264.142<nl>, as amended and 
adopted through August 18, 1992, at 57 FedReg 37194<ol> [which are in effect as 
of May 2, 1986], and sec.335.178 of this title (relating to Cost Estimate For 
Closure) and, for disposal facilities, the most recent post-closure cost 
estimate under the regulations contained in 40 <nl>CFR<ol> [Code of Federal 
Regulations] sec.264.144<nl>, as amended and adopted through December 10, 1987, 
at 52 FedReg 46946<ol> [which are in effect as of May 2, 1986]; 
(6)-(8) (No change.) 
(b) (No change.) 

sec.335.156. Applicability of Groundwater Monitoring and Response. 
(a) Except as provided in subsection (b) of this section, the rules pertaining 
to groundwater monitoring and response apply to owners and operators of 
facilities that process, store, or dispose of hazardous waste.
(1) (No change.) 
(2) All solid waste management units must comply with the requirements in 
sec.335.167 of this title (relating to Corrective Action for Solid Waste 
Management Units). A surface impoundment, waste pile, land treatment unit or 
landfill that receives hazardous waste after July 26, 1982 (hereinafter referred 
to as a regulated unit) must comply with the requirements of sec.sec.335.157-
335.166 of this title (relating to Required Program; Groundwater Protection 
Standard; Hazardous Constituents; Compliance Period; General Groundwater 
Monitoring Requirements; Detection Monitoring Program; Compliance Monitoring 
Program; and Corrective Action Program)[;] in lieu of sec.335.167 of this title 
(relating to Corrective Action for Solid Waste Management Units) <nl>for 
purposes of detecting, characterizing, and responding to releases to the 
uppermost aquifer. The financial responsibility requirements of sec.335.167 of 
this title (relating to Corrective Action for Solid Waste Management Units)<ol> 
apply to regulated units. 
(b)-(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809159
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER H. Standards for the Management of Specific Wastes and Specific Types 
of Facilities
<nl>Division 1.<ol> Recyclable Materials Used in a Manner Constituting Disposal 
30 TAC sec.sec.335.211, 335.213, 335.214 
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt any rules necessary to 
carry out its powers and duties under the provisions of the Texas Water Code or 
other laws of this state; and under Texas Health and Safety Code, Solid Waste 
Disposal Act, sec.361.017 and sec.361.024, which authorize the commission to 
regulate industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendments and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.35.211. Applicability. 
(a)-(b) (No change.) 
<nl>(c)<ol> Anti-skid/deicing uses of slags, which are generated from high 
temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and 
F006, in a manner constituting disposal are not covered by the exemption in 
subsection (b) of this section and remain subject to regulation. 

sec.335.213. Standards Applicable to Storers of Materials That Are To Be Used in 
a Manner That Constitutes Disposal Who Are Not the Ultimate Users. 
Owners or operators of facilities that store recyclable materials that are to be 
used in a manner that constitutes disposal, but who are not the ultimate users 
of the materials, are regulated under all applicable provisions of Subchapter A 
of this chapter (relating to Industrial Solid Waste and Municipal Hazardous 
Waste Management in General), Subchapter B of this chapter (relating to 
Hazardous Waste Management-General Provisions), Subchapter E of this chapter 
(relating to Interim Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities), Subchapter F of this chapter 
(relating to Permitting Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities), <nl>Chapter 1 of this title 
(relating to Purpose of Rules, General Provisions); Chapter 3 of this title 
(relating to Definitions); Chapter 10 of this title (relating to Commission 
Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 37 of this 
title (relating to Financial Assurance); Chapter 39 of this title (relating to 
Public Notice); Chapter 40 of this title (relating to Alternative Dispute 
Resolution); Chapter 50 of this title (relating to Actions on Applications); 
Chapter 55 of this title (relating to Request for Contested Case Hearings); 
Chapter 70 of this title (relating to Enforcement); Chapter 80 of this title 
(relating to Contested Case Hearings); Chapter 86 of this title (relating to 
Special Provisions for Contested Case Hearings; Chapter 261 of this title 
(relating to Introductory Provisions); Chapter 277 of this title (relating to 
Use Determinations for Tax Exemption for Pollution Control Property);<ol> 
Chapter 305 of this title (relating to Consolidated Permits), [Chapter 261 of 
this title (relating to Introductory Provisions), Chapter 263 of this title 
(relating to General Rules), Chapter 265 of this title (relating to Procedures 
Before Public Hearing), Chapter 267 of this title (relating to Procedures During 
Public Hearing), Chapter 269 of this title (relating to Procedures After Public 
Hearing Before an Examiner), Chapter 271 of this title (relating to Procedures 
After Public Hearing Before the Full Commission), Chapter 273 of this title 
(relating to Procedures After Final Decision),] and the notification requirement 
under sec.335.6 of this title (relating to Notification Requirements). 

sec.335.214. Standards Applicable to Users of Materials That Are Used in a 
Manner That Constitutes Disposal. 
(a) Owners or operators of facilities that use recyclable materials in a manner 
that constitutes disposal are regulated under all applicable provisions of 
Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal 
Hazardous Waste Management in General), Subchapter B of this chapter (relating 
to Hazardous Waste Management-General Provisions), Subchapter E of this chapter 
(relating to Interim Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities), Subchapter F of this chapter 
(relating to Permitting Standards for Owners and Operators of Hazardous Waste 
Storage, Processing, or Disposal Facilities), Subchapter O of this chapter 
(relating to Land Disposal Restrictions), <nl>Chapter 1 of this title (relating 
to Purpose of Rules, General Provisions); Chapter 3 of this title (relating to 
Definitions); Chapter 10 of this title (relating to Commission Meetings); 
Chapter 20 of this title (relating to Rulemaking); Chapter 37 of this title 
(relating to Financial Assurance); Chapter 39 of this title (relating to Public 
Notice); Chapter 40 of this title (relating to Alternative Dispute Resolution); 
Chapter 50 of this title (relating to Actions on Applications); Chapter 55 of 
this title (relating to Request for Contested Case Hearings); Chapter 70 of this 
title (relating to Enforcement); Chapter 80 of this title (relating to Contested 
Case Hearings); Chapter 86 of this title (relating to Special Provisions for 
Contested Case Hearings; Chapter 261 of this title (relating to Introductory 
Provisions); Chapter 277 of this title (relating to Use Determinations for Tax 
Exemption for Pollution Control Property);<ol> Chapter 305 of this title 
(relating to Consolidated Permits), [Chapter 261 of this title (relating to 
Introductory Provisions), Chapter 263 of this title (relating to General Rules), 
Chapter 265 of this title (relating to Procedures Before Public Hearing), 
Chapter 267 of this title (relating to Procedures During Public Hearing), 
Chapter 269 of this title (relating to Procedures After Public Hearing Before an 
Examiner), Chapter 271 of this title (relating to Procedures After Public 
Hearing Before the Full Commission), Chapter 273 of this title (relating to 
Procedures After Final Decision),] and the notification requirement under 
sec.335.6 of this title (relating to Notification Requirements). These 
requirements do not apply to products which contain these recyclable materials 
under the provisions of sec.335.211(b) of this title (relating to 
Applicability).
(b) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809160
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

<nl>Division 2.<ol> Hazardous Waste Burned for Energy Recovery 
30 TAC sec.335.221
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.221. Applicability and Standards.
(a) The following regulations contained in 40 Code of Federal Regulations (CFR) 
Part 266 (including all appendices to Part 266) are adopted by reference, as 
amended and adopted in the Code of Federal Regulations through June <nl>13, 
1997, at 62 FedReg 32451<ol> [1, 1990 (see FedReg 22685), and as published and 
adopted in the February 21, 1991, July 17, 1991, August 27, 1991, September 5, 
1991, June 22, 1992, August 25, 1992, September 30, 1992, July 20, 1993, 
November 9, 1993, and September 19, 1994, issues of the Federal Register (see 56 
FedReg 7239, 56 FedReg 32688, 56 FedReg 42504, 56 FedReg 43874, 57 FedReg 27880, 
57 FedReg 28558, 57 FedReg 44999, 58 FedReg 38816, 58 FedReg 59598, and 59 
FedReg 48042-48043)
(1)-(14) (No change.) 
(15) sec.266.104 -- Standards to Control Organic Emissions, except 
sec.266.104(<nl>h<ol> [i]); 
(16)-(23) (No change.) 
(b) The following hazardous wastes and facilities are not regulated under 
sec.sec.335.221-335.229 of this title (relating to Hazardous Waste Burned in 
Boilers and Industrial Furnaces): 
(1) (No change.) 
(2) hazardous wastes that are exempt from regulation under the provisions of 40 
CFR sec.261.4 and sec.335.24(c)<nl>(3)-(5) <ol> [(4)-(7)]of this title (relating 
to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), 
and hazardous wastes that are subject to the special requirements for 
conditionally exempt small quantity generators under the provisions of 
sec.335.78 of this title (relating to Special Requirements for Hazardous Waste 
Generated by Conditionally Exempt Small Quantity Generators); 
(3)-(4) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809161
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

<nl>Division 3. <ol>Recyclable Materials Utilized for Precious Metal Recovery
30 TAC sec.335.241
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.241. Applicability and Requirements. 
(a) (No change.) 
(b) Persons who generate, transport, or store recyclable materials that are 
regulated under this section are subject to the following requirements:
(1) (No change.) 
(2) Section 335.6 of this title (relating to Notification Requirements); [and] 
(3) Sections 335.9-335.12 of this title (relating to Shipping and Reporting 
Procedures Applicable to Generators; Shipping and Reporting Procedures 
Applicable to Generators of Municipal Hazardous Waste or Class I Industrial 
Solid Waste; Shipping Requirements for Transporters of Municipal Hazardous Waste 
or Class I Industrial Solid Waste; Shipping Requirements Applicable to Owners or 
Operators of Storage, Processing, or Disposal Facilities), for generators, 
transporters, or persons who store, as applicable<nl>; and<ol>
<nl>(4)<ol> For precious metals exported to or imported from designated OECD 
member countries for recovery, 40 Code of Federal Regulations (CFR) Part 262, 
Subpart H and sec.265.12(a). For precious metals exported to or imported from 
non-OECD countries for recovery, sec.335.13 of this title (relating to 
Recordkeeping and Reporting Procedures Applicable to Generators Shipping 
Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste and 
sec.335.76 of this title (relating to Additional Requirements Applicable to 
International Shipments) . 
(c) (No change.) 
(d) Recyclable materials that are regulated under this section that are 
accumulated speculatively, as defined in sec.335.17 of this title (relating to 
Special Definitions for Recyclable Materials and Nonhazardous Recyclable 
Materials), are subject to all applicable provisions of this chapter (excluding 
this subchapter), <nl>Chapter 1 of this title (relating to Purpose of Rules, 
General Provisions); Chapter 3 of this title (relating to Definitions); Chapter 
10 of this title (relating to Commission Meetings); Chapter 20 of this title 
(relating to Rulemaking); Chapter 37 of this title (relating to Financial 
Assurance); Chapter 39 of this title (relating to Public Notice); Chapter 40 of 
this title (relating to Alternative Dispute Resolution); Chapter 50 of this 
title (relating to Actions on Applications); Chapter 55 of this title (relating 
to Request for Contested Case Hearings); Chapter 70 of this title (relating to 
Enforcement); Chapter 80 of this title (relating to Contested Case Hearings); 
Chapter 86 of this title (relating to Special Provisions for Contested Case 
Hearings; Chapter 261 of this title (relating to Introductory Provisions); 
Chapter 277 of this title (relating to Use Determinations for Tax Exemption for 
Pollution Control Property); and<ol> Chapter 305 of this title (relating to 
Consolidated Permits)[, Chapter 261 of this title (relating to Introductory 
Provisions), Chapter 263 of this title (relating to General Rules), Chapter 265 
of this title (relating to Procedures Before Public Hearing), Chapter 267 of 
this title (relating to Procedures During Public Hearing), Chapter 269 of this 
title (relating to Procedures After Public Hearing Before an Examiner), Chapter 
271 of this title (relating to Procedures After Public Hearing Before the Full 
Commission), and Chapter 273 of this title (relating to Procedures After Final 
Decision)]. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809162
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

<nl>Division 4. <ol>Spent Lead-Acid Batteries Being Reclaimed
30 TAC sec.335.251
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.251. Applicability and Requirements.
(a) The regulations of this section apply to persons who reclaim <nl> (including 
regeneration)<ol> spent lead-acid batteries that are recyclable materials (spent 
batteries). Persons who generate, transport, or collect spent batteries, <nl>who 
regenerate spent batteries, who store spent batteries that are to be 
regenerated,<ol> or who store spent batteries but do not reclaim them <nl>(other 
than spent batteries that are to be regenerated) <ol>, are not subject to 
regulation under this chapter, <nl>except that sec.335.24(h) of this title 
(relating to Requirements for Recyclable Materials and Nonhazardous Recyclable 
Materials) applies; and are not subject to regulation under Chapter 1 of this 
title (relating to Purpose of Rules, General Provisions); Chapter 3 of this 
title (relating to Definitions); Chapter 10 of this title (relating to 
Commission Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 
37 of this title (relating to Financial Assurance); Chapter 39 of this title 
(relating to Public Notice); Chapter 40 of this title (relating to Alternative 
Dispute Resolution); Chapter 50 of this title (relating to Actions on 
Applications); Chapter 55 of this title (relating to Request for Contested Case 
Hearings); Chapter 70 of this title (relating to Enforcement); Chapter 80 of 
this title (relating to Contested Case Hearings); Chapter 86 of this title 
(relating to Special Provisions for Contested Case Hearings; Chapter 261 of this 
title (relating to Introductory Provisions); Chapter 277 of this title (relating 
to Use Determinations for Tax Exemption for Pollution Control Property); or<ol> 
Chapter 305 of this title (relating to Consolidated Permits)[, Chapter 261 of 
this title (relating to Introductory Provisions), Chapter 263 of this title 
(relating to General Rules), Chapter 265 of this title (relating to Procedures 
Before Public Hearing), Chapter 267 of this title (relating to Procedures During 
Public Hearing), Chapter 269 of this title (relating to Procedures After Public 
Hearing Before an Examiner), Chapter 271 of this title (relating to Procedures 
After Public Hearing Before the Full Commission), or Chapter 273 of this title 
(relating to Procedures After Final Decision)]. Such persons, however, remain 
subject to the requirements of the Texas Water Code, Chapter 26. 
(b) Owners or operators of facilities that store spent <nl> lead-acid<ol> 
batteries before reclaiming them <nl>(other than spent batteries that are to be 
regenerated)<ol> are subject to the following requirements:
(1) (No change.) 
(2) All applicable provisions in <nl>Chapter 1 of this title (relating to 
Purpose of Rules, General Provisions); Chapter 3 of this title (relating to 
Definitions); Chapter 10 of this title (relating to Commission Meetings); 
Chapter 20 of this title (relating to Rulemaking); Chapter 37 of this title 
(relating to Financial Assurance); Chapter 39 of this title (relating to Public 
Notice); Chapter 40 of this title (relating to Alternative Dispute Resolution); 
Chapter 50 of this title (relating to Actions on Applications); Chapter 55 of 
this title (relating to Request for Contested Case Hearings); Chapter 70 of this 
title (relating to Enforcement); Chapter 80 of this title (relating to Contested 
Case Hearings); Chapter 86 of this title (relating to Special Provisions for 
Contested Case Hearings; Chapter 261 of this title (relating to Introductory 
Provisions); Chapter 277 of this title (relating to Use Determinations for Tax 
Exemption for Pollution Control Property); and <ol> Chapter 305 of this title 
(relating to Consolidated Permits)[, Chapter 261 of this title (relating to 
Introductory Provisions), Chapter 263 of this title (relating to General Rules), 
Chapter 265 of this title (relating to Procedures Before Public Hearing), 
Chapter 267 of this title (relating to Procedures During Public Hearing), 
Chapter 269 of this title (relating to Procedures After Public Hearing Before an 
Examiner), Chapter 271 of this title (relating to Procedures After Public 
Hearing Before the Full Commission), and Chapter 273 of this title (relating to 
Procedures After Final Decision)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809163
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

<nl>Division 5.<ol> Universal Waste Rule 
30 TAC sec.335.261
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.261. Universal Waste Rule.
(a) <nl>This section establishes requirements for managing universal wastes as 
defined in this section, and provides an alternative set of management standards 
in lieu of regulation, except as provided in this section, under all otherwise 
applicable chapters under Title 30 Texas Administrative Code.<ol> Except as 
provided in subsection (b) of this section, Title 40 Code of Federal Regulations 
(CFR) Part 273 is adopted by reference as <nl> amended and adopted through April 
12, 1996, at 61 FedReg 16290<ol> [adopted and effective on May 11, 1995, at 60 
FedReg 25492].
(b) Title 40 CFR Part 273<nl>, except sec.273.1,<ol> is adopted subject to the 
following changes: 
(1)-(12) (No change.) 
(13) <nl>In 40 CFR sec.273.6, the following definitions are changed to the 
meanings described in this paragraph:<ol> 
<nl>(A)<ol> "Destination Facility" means a facility that treats, disposes, or 
recycles a particular category of universal waste, except those management 
activities described in 40 CFR sec.273.13(a) and (c) and 40 CFR sec.273.33(a) 
and (c), as adopted by reference in this section. A facility at which a 
particular category of universal waste is only accumulated is not a destination 
facility for purposes of managing that category of universal waste; 
<nl>(B)<ol> "Generator" means any person, by site, whose act or process produces 
hazardous waste identified or listed in 40 CFR Part 261 or whose act first 
causes a hazardous waste to become subject to regulation; 
<nl>(C)<ol> "Large Quantity Handler of Universal Waste" means a universal waste 
handler (as defined in this section) who accumulates at any time 5,000 kilograms 
or more total of universal waste (as defined in this section), calculated 
collectively. This designation as a large quantity handler of universal waste is 
retained through the end of the calendar year in which 5,000 kilograms or more 
total universal waste is accumulated; 
<nl>(D)<ol> "Small Quantity Handler of Universal Waste" means a universal waste 
handler (as defined in this section) who does not accumulate at any time more 
than 5,000 kilograms total of universal waste (as defined in this section), 
calculated collectively; 
<nl>(E)<ol> "Thermostat" means a temperature control device that contains 
metallic mercury in an ampule attached to a bimetal sensing element, and 
mercury-containing ampules that have been removed from these temperature control 
devices in compliance with the requirements of 40 CFR sec.273.13(c)(2) or 
sec.273.33(c)(2) as adopted by reference in this section; and 
<nl>(F)<ol> <nl> "Universal Waste" means any of the following hazardous wastes 
that are subject to the universal waste requirements of this section: <ol>
<nl>(i)<ol> <nl>Batteries as described in 40 CFR sec.273.2; <ol>
<nl>(ii)<ol> <nl>Pesticides as described in 40 CFR sec.273.3; and <ol>
<nl>(iii)<ol> <nl>Thermostats as described in 40 CFR sec.273.4; <ol> [In 40 CFR 
sec.273.6, the definitions of "Generator" and "On-site" are replaced with the 
corresponding definitions found in sec.335.1 of this title (relating to 
Definitions). Also, the definition of "Small Quantity Handler of Universal 
Waste" is changed to read "Small Quantity Handler of Universal Waste means a 
universal waste handler (as defined in this section) who accumulates less than 
5,000 kilograms total of universal waste (batteries, pesticides, or thermostats, 
calculated collectively) at any time."] 
(14)-(33) (No change.) 
(c) (No change.) 
(d) Any waste not qualifying for management under <nl>this section<ol> [40 CFR 
part 273, as adopted by reference in this section,] must be managed in 
accordance with applicable state regulations.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809164
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

SUBCHAPTER O. Land Disposal Restrictions 
30 TAC sec.335.431
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code sec.5.103 and sec.5.105, which 
provide the commission with the authority to adopt any rules necessary to carry 
out its powers and duties under the provisions of the Texas Water Code or other 
laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal 
Act, sec.361.017 and sec.361.024, which authorize the commission to regulate 
industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 
The proposed amendment and new language implement Texas Health and Safety Code 
Chapter 361. 

sec.335.431. Purpose, Scope, and Applicability.
(a) (No change.) 
(b) Scope and Applicability. 
(1)-(2) (No change.) 
<nl>(3)<ol> Universal waste handlers and universal waste transporters, as 
defined in and subject to regulation under sec.335.261 of this title (relating 
to Universal Waste Rule) are exempt from 40 Code of Federal Regulations 
sec.sec.268.7 and 268.50. 
(c) Adoption by Reference. 
(1) Except as provided in paragraph (2) of this subsection, and subject to the 
changes indicated in subsection (d) of this section, the regulations contained 
in 40 CFR, Part 268, as amended through <nl>May 12, 1997, in 62 FedReg 25998<ol> 
[January 3, 1995, in 60 FedReg 242] are adopted by reference. 
(2) The following sections of 40 CFR, Part 268 are excluded from the sections 
adopted in paragraph (1) of this subsection: sec.sec. <nl> 268.1(f),<ol> 268.5, 
268.6, 268.7(a)(10), 268.[10-]13, 268.42(b), and 268.44. 
(3) Appendices <nl>IV, VI-IX, and XI<ol> [I-X] of 40 CFR, Part 268 are adopted 
by reference as amended through <nl> May 12, 1997, in 62 FedReg 25998<ol> 
[January 3, 1995, in 60 FedReg 242].
(d) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809412
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 239-6087

TITLE 34. PUBLIC FINANCE
PART I. Comptroller of Public Accounts
CHAPTER 3. Tax Administration
SUBCHAPTER V. Franchise Tax
34 TAC sec.3.558
The Comptroller of Public Accounts proposes an amendment to sec.3.558, 
concerning earned surplus: officer and director compensation. Subsection (b)(1) 
provides for an updated definition of the Internal Revenue Code, in accordance 
with Senate Bill 861, 75th Legislature, 1997. Subsection (b)(3) amends the 
definition of "compensation" to clarify that the term does not include any 
amounts that are not deductible for federal income tax purposes, in accordance 
with agency policy. Subsection (b)(9) is being revised for clarity. New 
subsection (b)(10) clarifies the definition of "officer of a corporation."
Mike Reissig, chief revenue estimator, has determined that for the first five-
year period the amendment will be in effect there will be no significant revenue 
impact on the state or local government. 
Mr. Reissig also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of adopting 
the amendment will be in providing new information regarding tax 
responsibilities.
This amendment is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses. There is no significant 
anticipated economic cost to individuals who are required to comply with the 
proposed amendment. 
Comments on the proposal may be submitted to Karey W. Barton, Manager, Tax 
Policy Division, P.O. Box 13528, Austin, Texas 78711. 
This amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2. 
The amendment implements the Tax Code, sec.171.110. 

sec.3.558. Earned Surplus: Officer and Director Compensation.
(a) (No change.) 
(b) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise. 
(1) Internal Revenue Code - 
<nl>(A)<ol> <nl>For reports originally due on or after January 1, 1998, the 
Internal Revenue Code (IRC) of 1986 in effect for the tax year beginning on or 
after January 1, 1996 and before January 1, 1997. <ol> 
<nl>(B)<ol> For reports originally due on or after January 1, 1996 <nl>and 
before January 1, 1998,<ol> the Internal Revenue Code [(IRC)] of 1986 in effect 
for the tax year beginning on or after January 1, 1994, and before January 1, 
1995. 
<nl>(C)<ol> For reports originally due on or after January 1, 1992 and before 
January 1, 1996, the Internal Revenue Code of 1986 in effect for the tax year 
beginning on or after January 1, 1990, and before January 1, 1991 (1990 IRC). 
<nl>(D)<ol> The franchise tax law requires that the 1990 IRC be used for reports 
originally due prior to January 1, 1996. Because of this requirement, there may 
be differences between federal taxable income reported for federal income tax 
purposes and reportable federal taxable income for franchise tax purposes for 
franchise tax reports originally due prior to 1996. To the extent that such 
differences exist, the 1990 IRC must be used to report the differences for 
reports originally due on or after January 1, 1996. For example, if a 
corporation was denied any portion of an IRC sec.179 deduction on an asset in 
computing taxable earned surplus on a franchise tax report due prior to January 
1, 1996 (because the sec.179 deduction exceeded the $10,000 limit allowed under 
the 1990 IRC), the corporation will be allowed to compute depreciation on the 
asset based on the 1990 IRC (i.e., the corporation may depreciate the asset 
based on the $10,000 sec.179 deduction allowed under the 1990 IRC) for reports 
originally due on or after January 1, 1996.
(2) (No change.) 
(3) Compensation - The amount reportable to an officer or director for the tax 
reporting period as includable in the officer/director's federal taxable income 
without regard to any monetary limitations imposed for federal income tax 
purposes. <nl>Compensation does not include any amount reported to an 
officer/director which is disallowed as a reduction to federal taxable income 
for any taxable period for federal income tax purposes. For example, 
compensation does not include employee remuneration for which a deduction is 
disallowed under Internal Revenue Code, sec.162(m).<ol> Compensation is included 
wherever reportable on federal tax reporting forms including a Form W-2 Wage and 
Tax Statement, a Form 1099-MISC, or Schedule K-1 of Form 1065. For example 
<nl>(if all compensation is deductible)<ol>: 
(A)-(B) (No change.) 
(4) Officers and directors of a corporation other than a banking corporation - 
<nl>Except as provided in paragraph (10) of this subsection, the<ol> [The] 
officers and directors determined in accordance with the laws of the 
corporation's state of incorporation and the corporation's bylaws. 
(5) (No change.) 
(6) Officers and directors of a limited liability company - For the purposes of 
this section, the "officers or directors" are the managers or similar management 
persons identified in the articles of organization, operating agreement, or 
similar agreements required under the laws of the state in which the company is 
organized<nl>, except as provided in paragraph (10) of this subsection<ol>. 
(7)-(8) (No change.) 
(9) Unless otherwise indicated in this section, the following will apply. 
(A)-(B) (No change.) 
[(C) "Officer of a corporation" includes, but is not limited to, an executive 
officer of a banking corporation (as defined in paragraph (5) of this 
subsection) and an officer of a limited liability company (as defined in 
paragraph (6) of this subsection).] 
<nl>(C)<ol> [(D)] "Director of a corporation" includes, but is not limited to, a 
director of a limited liability company (as defined in paragraph (6) of this 
subsection) and a director of a banking corporation (as defined in paragraph (5) 
of this subsection). 
<nl>(10)<ol> Officer of a corporation
<nl>(A)<ol> Unless otherwise indicated in this section, "Officer of a 
corporation" includes, but is not limited to, an executive officer of a banking 
corporation (as defined in paragraph (5) of this subsection), an officer of a 
limited liability company (as defined in paragraph (6) of this subsection), and 
an officer of a corporation other than a banking corporation (as defined in 
paragraph (4) of this subsection). 
<nl>(B)<ol> For a limited liability company or a corporation other than a 
banking corporation, any person designated as an officer (or as a manager in the 
case of a limited liability company) is presumed to be an officer of the 
corporation for purposes of Tax Code, sec.171.110, and subject to compensation 
add-back if that person: 
<nl>(i)<ol> holds an office created by the board of directors or pursuant to the 
corporate charter or bylaws (or the articles of organization, operating 
agreement, or similar agreement in the case of a limited liability company); and 
<nl>(ii)<ol> has legal authority to bind the corporation with third parties by 
executing contracts or other legal documents. 
<nl>(C)<ol> A limited liability company or a corporation other than a banking 
corporation may rebut the presumption that a person is an officer if it 
conclusively shows, through the person's job description or other documentation, 
that the person does not participate or have authority to participate in 
significant policymaking aspects of the corporate operations.
(c)-(h) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809126
Martin Cherry
Chief, General Law
Comptroller of Public Accounts
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 463-4062

CHAPTER 5. Funds Management (Fiscal Affairs)
SUBCHAPTER O. Uniform Statewide Accounting System
34 TAC sec.5.200
The Comptroller of Public Accounts proposes an amendment to sec.5.200, 
concerning the state property accounting system. 
The purpose of the amendment is to implement House Bill 1572, 75th Legislature, 
1997, which provides, in general, that a charitable organization that expends 
funds received from the state in order to purchase computer equipment may not 
discard or dispose of the equipment before the fourth anniversary of the date 
the organization purchased the equipment. 
Mike Reissig, chief revenue estimator, has determined that for the first five-
year period the amendment will be in effect there will be no significant revenue 
impact on the state or local government. 
Mr. Reissig also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of adopting 
the amendment will be in providing new information regarding tax 
responsibilities.
This amendment is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses. There is no significant 
anticipated economic cost to individuals who are required to comply with the 
proposed amendment. 
Comments on the proposal may be submitted to Michael L. Hay, Manager, State 
Property Accounting, P.O. Box 13528, Austin, Texas 78711-3528. 
This amendment is proposed under Texas Civil Statutes, Article 9023d, which 
requires the comptroller to adopt rules to implement this statute. The amendment 
implements House Bill 1572, 75th Legislature, 1997. 

sec.5.200. State Property Accounting System.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise. 
(1)-(4) (No change.) 
<nl>(5)<ol> <nl>Charitable organization - The term has the meaning assigned by 
Civil Practice and Remedies Code, sec.84.003.<ol> 
<nl>(6)<ol> [(5)] Comptroller - The comptroller of public accounts for the State 
of Texas. 
<nl>(7)<ol> <nl>Computer equipment - The equipment includes computer, 
telecommunications devices and systems, automated information systems, and 
peripheral devices and hardware that are necessary to the efficient installation 
and operation of that equipment, but does not include computer software.<ol> 
<nl>(8)<ol> [(6)] Controlled asset - A possession of the state that a state 
agency has determined must be secured and tracked because of the nature of the 
possession. The term does not include a capital asset, real property, an 
improvement to real property, or infrastructure.
<nl>(9)<ol> [(7)] Fiduciary fund - A fund held by a state agency as trustee of 
the fund. The term includes pension funds and non-expendable trust funds. 
<nl>(10)<ol> [(8)] Include - A term of enlargement and not of limitation or 
exclusive enumeration. The use of the term does not create a presumption that 
components not expressed are excluded. 
<nl>(11)<ol> [(9)] May not - A prohibition. The term does not mean "might not" 
or its equivalents. 
<nl>(12)<ol> [(10)] Personal property - A capital asset or a controlled asset. 
<nl>(13)<ol> [(11)] Proprietary fund - A self-supporting fund whose resources 
are generated through user charges. The term includes enterprise and internal 
service funds. 
<nl>(14)<ol> [(12)] Reassignable personal property - Personal property that 
retains usage value for the state, continues to be functionally capable of 
serving a state agency, and is not surplus personal property. 
<nl>(15)<ol> [(13)] Replacement of personal property - A replacement of an 
internal or external part of personal property that allows it to complete its 
normal useful life. 
<nl>(16)<ol> [(14)] Salvage personal property - Personal property that no longer 
serves its original purpose because it is depleted, worn out, damaged, consumed, 
outdated, or obsolete. The term does not include personal property that has a 
remaining useful life. 
<nl>(17)<ol> [(15)] State agency - A state governmental entity that manages, 
administers, or controls personal property.
<nl>(18)<ol> [(16)] State employee - An officer or employee of a state agency. 
<nl>(19)<ol> [(17)] State property accounting system - The personal property 
fixed asset component of the uniform statewide accounting system. 
<nl>(20)<ol> [(18)] Supplemental physical inventories - The optional physical 
inventories that a state agency conducts in addition to the required annual 
physical inventory. 
<nl>(21)<ol> [(19)] Surplus personal property - Personal property in the 
possession of a state agency that is not currently needed by the agency and is 
not required for the agency's foreseeable needs. The term does not include 
salvage personal property. 
<nl>(22)<ol> [(20)] Trust property - Property not owned by the state that a 
state agency temporarily holds on behalf of the owner. 
(b)-(s) (No change.) 
<nl>(t)<ol> Disposal of computer equipment by charitable organizations. 
<nl>(1)<ol> Application of this subsection. This subsection applies to computer 
equipment purchased by a charitable organization for $500 or more with funds 
received from the state through appropriation by the Texas legislature or by 
grant or by other means. 
<nl>(2)<ol> General requirements. Except as provided by paragraphs (3) and (4) 
of this subsection, a charitable organization that purchases computer equipment 
with funds received from the state may not dispose of or discard the computer 
equipment before the fourth anniversary of the date the charitable organization 
purchased that equipment. 
<nl>(3)<ol> Exceptions. This subsection does not prohibit:
<nl>(A)<ol> the sale or trade of computer equipment; or
<nl>(B)<ol> the disposal of equipment that is not operational.
<nl>(4)<ol> Donations to other charitable organizations. A charitable 
organization may dispose of computer equipment purchased with state funds within 
the four-year period after the date of purchase by donating the equipment to 
another charitable organization. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 1998.
TRD-9809127
Martin Cherry
Chief, General Law
Comptroller of Public Accounts
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 463-4062

PART III. Teacher Retirement System of Texas
CHAPTER 41.Insurance
34 TAC sec.41.8
The Teacher Retirement System (TRS) proposes an amendment to sec.41.8, 
concerning the bidding process for TRS Insurance. New law passed by the 75th 
Legislature found at Insurance Code, sec.8, Article 3.50-4(i) requires rules 
with the information outlined in the amended language. It is a requirement to 
provide information on areas consisting of a county and adjacent counties on the 
number and types of qualified providers willing to participate in the coverage 
or plan. In addition, the Board of Trustees or its designee will consider 
relevant factors or criteria in making a decision. 
Ronnie Jung, TRS Chief Financial Officer, has determined that for the first 
five-year period the section is in effect, there will be no negative fiscal 
implications for state and local government as a result of enforcing and 
administering the amendments. The new law and rule may provide more relevant 
data for making an informed decision on the best bid. 
Mr. Jung also has determined that for each year of the first five years the 
section is in effect that the public benefit anticipated from the section is 
that the bids for TRS Group Insurance will be more complete and easier to 
evaluate. There will be no effect on small business. There may be a slight 
administrative or economic cost to persons who are required to comply with the 
proposed section. Gathering and presenting additional data always has a slight 
cost. 
Comments on the proposed amendments to be considered by the executive director 
and the board of trustees must be submitted in writing within 30 days of 
publication of the proposed section in the Texas Register, to Charles L. Dunlap, 
Executive Director, Teacher Retirement System, 1000 Red River, Austin, Texas, 
78701-2698.
The amendment is proposed under the Government Code, sec.825.102, which provides 
the Board of Trustees with the authority to adopt rules for the administration 
of the funds of the retirement system. In addition, the amendments are proposed 
under the Insurance Code, sec.8, Article 3.50-4(i) which provides for a rule 
that requires information on a county and all adjacent counties on the number 
and types of qualified providers willing to participate in coverage. 
Insurance Code, sec.8, Article 3.50-4 is affected by the proposed amendment. 

sec.41.8.Eligible Bidders.
(a) The Texas Public School Retirees Group Insurance Program may include 
separate contracts for: 
(1) a health <nl>benefit <ol> [insurance] plan; 
(2)-(3) (No change.)
(b) To be eligible to bid on the health <nl>benefit services or products<ol>[ 
insurance plan] a <nl>bidder<ol> [carrier] must have annual health 
<nl>benefit<ol> [insurance] premiums and premium equivalents of at least $1 
billion. 
(c) To be eligible to bid on utilization review a <nl>bidder <ol> [provider] 
must: 
(1)-(2) (No change.)
(d) To be eligible to bid on services to provide other ancillary benefits a 
<nl>bidder<ol> [provider] must currently be servicing at least twice as many 
persons as will be covered under this program. 
<nl>(e)<ol> <nl>Bidders who desire to bid on the administrative services only of 
a TRS benefits program which includes group health benefits are not covered by 
subsection (f) of this section.<ol> 
<nl>(f)<ol> <nl>Bidders who wish to bid on services or products available to the 
entire state or to a region of the state shall provide information for each area 
consisting of a county and all adjacent counties, on the number and types of 
qualified providers willing to participate in coverage or plan, for which the 
bid is made. <ol>
<nl>(g)<ol> <nl>In determining the quality of the bids, the Board of Trustees or 
its designee may consider such factors and criteria as they deem relevant and 
appropriate under the circumstances. <ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 8, 1998.
TRD-9809172
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: July 24, 1998
For further information, please call: (512) 391-2115

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART III. Texas Youth Commission
CHAPTER 87.Treatment
SUBCHAPTER A.Program Planning
37 TAC sec.87.5
The Texas Youth Commission (TYC) proposes an amendment to sec.87.5, concerning 
family involvement. The amendment will add items to the list of information 
parents of TYC youth will be provided upon the youth's placement in a TYC 
facility. 
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be more efficient use of state fund. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. No private real property rights 
are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The amendment is proposed under the Human Resources Code, sec.61.0761, which 
provides the Texas Youth Commission with the authority to develop programs that 
encourage family involvement in the rehabilitation of the child. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.87.5. Family Involvement.
(a)-(c) (No change.)
(d) Families shall be <nl>provided at least:<ol> [informed of the youth's 
primary service worker, visitation rights and information about locating the 
facility by each facility at which a youth is placed.]
<nl>(1)<ol> <nl> the name of the youth's primary service worker and instructions 
for contact him/her; <ol>
<nl>(2)<ol> <nl> rights and rules regarding visitation, mail, and telephone; 
<ol>
<nl>(3)<ol> <nl> rules regarding personal property; <ol>
<nl>(4)<ol> <nl> rules regarding parent sending money to youth; and <ol>
<nl>(5)<ol> <nl> information about locating the facility.<ol>
(e)-(g) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 4, 1998.
TRD-9809001
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 424-6244

CHAPTER 91.Program Services
SUBCHAPTER A.Basic Services
37 TAC sec.91.13
The Texas Youth Commission (TYC) proposes an amendment to sec.91.13, concerning 
food and nutrition. The amendments will provide for food services in TYC 
facilities to be operated by TYC employees or through contracts, delete an 
obsolete publication reference, and add wording to distinguish between medical 
and religious special diets provided to TYC youth.
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be efficient use of state resources. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. No private real property rights 
are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The amendments are proposed under Human Resources Code, sec.61.045, which 
provides the Texas Youth Commission with the authority to ensure the welfare, 
custody, and rehabilitation of the children in a school, facility, or program 
operated or funded by the commission. 
The proposed rule implements the Human Resource Code, sec.61.034.

sec.91.13. Food and Nutrition. 
(a) Purpose. The purpose of this rule is to establish standards to ensure that 
agency programs provide food services to meet the basic nutrition needs of its 
youth.
<nl>(b)<ol> <nl> Food services departments in TYC facilities may be operated by 
TYC employees or through contracts with private organizations.<ol>
<nl>(c)<ol>[(b)] Facility food service departments shall meet applicable state 
and local sanitation and health standards. 
<nl>(d)<ol>[(c)] Facilities shall comply with participation requirements for the 
U.S. Department of Agriculture National Breakfast Program and the National 
School Lunch Program. 
<nl>(e)<ol>[(d)] The diet provided shall meet the most recent Recommended 
Dietary Allowances (RDA) published by the National Research Council.
[(e) Menus shall meet the nutrition standard of the Texas Minimum Standards for 
Child Caring Institutions published by the Texas Department of Human Services.] 
(f) Standardized menus will be developed annually for institutions and for 
halfway houses by a dietitian. 
(1) (No change.)
(2) <nl>Medical <ol> [Special] diets shall be provided as prescribed by 
appropriate medical or dental personnel. 
(3) <nl>Religious<ol> [Special] diets will be provided when a youth's religious 
beliefs require adherence to religious dietary laws <nl> consistent with 
(GAP)sec. 91.21 regarding Moral Values, Worship and Religious Education.<ol>
(g)-(i) (No change.)
(j) On-duty <nl>correctional care<ol> [child care] staff shall supervise youth 
during meals. 
(k)-(l) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 4, 1998.
TRD-9809002
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 424-6244

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART VI. Texas Commission for the Deaf and Hard of Hearing 
CHAPTER 182.Specialized Telecommunications Device Assistance Program
SUBCHAPTER A.Definitions
40 TAC sec.182.4
The Texas Commission for the Deaf and Hard of Hearing proposes new sec.182.4. 
The new section is proposed to define basic equipment for which vouchers can be 
received under the new Specialized Telecommunications Device Assistance Program. 
David W. Myers, Executive Director, has determined that for each year of the 
first five years the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
Mr. Myers has also determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of this new 
section will be a better understanding of how the devices that will be available 
will be determined under the Specialized Telecommunications Device Assistance 
Program. There will be no effect on small businesses. There is no anticipated 
economic hardship to persons required to comply with the section as proposed. 
Comments on this proposed section may be submitted to Billy Collins, Texas 
Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 
78711-2904. 
The new section is proposed under the Human Resources Code, sec.81.006(b) (3), 
which provides the Texas Commission for the Deaf and Hard of Hearing with the 
authority to adopt rules for administration and programs. 
No other statute, code or article is affected by this proposed new section. 

sec.182.4.Determination of Basic Device.
In determining basic devices available for voucher exchange, the following 
criteria shall be applied. 
(1) The device must be for the purpose of telephone access in the home or 
business; 
(2) The device must mainly apply to telephone access functions and not daily 
living functions; and 
(3) The device must serve to facilitate interactive communication that is 
functionally equivalent to that afforded by a basic telephone.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 5, 1998.
TRD-9809055
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 407-3250

PART VIII. Children's Trust Fund of Texas
CHAPTER 201.Council Administration: Policies and Procedures
The Children's Trust Fund of Texas Council proposes the repeal of sec.sec.201.1, 
201.3, 201.6, 201.7, and amendments to sec.sec.201.8, 201.9, and 201.10, 
concerning Council Administration: Policies and Procedures.  Section 201.1 is 
being repealed. The section is out-of date and is repetitive of CTF's enabling 
legislation, therefore it is repetitive of agency statute and not an appropriate 
subject of an agency rule. 
Section 201.3 is being repealed. Subsection (a) largely tracks CTF's enabling 
legislation, therefore it is repetitive of agency statute and not an appropriate 
subject of an agency rule. Subsections (b) and (c) lack a proper statutory 
basis. 
Section 201.6 is being repealed. This section involves the internal organization 
of the agency and incorrectly states the law regarding the executive director's 
employment status. 
Section 201.7 is being repealed. This section is a restatement of CTF's enabling 
legislation, therefore it is repetitive of agency statute and not an appropriate 
subject of an agency rule. 
Section 201.8 is amended to reflect the correct reference to the Open Meetings 
Act (Government Code, Chapter 551). Subsections (a), (c), (g), and (i), and (k) 
are repealed. These subsections mirror applicable statutory law. Also, 
subsection (d) is repealed. The Open Meetings Act, not a rule, determines when 
an agency is authorized to go into executive session.
Section 201.9 is retained but amended by adding a new paragraph (6) as follows: 
"adoption of substantive or procedural rules, " to clarify to board members what 
actions require Council approvals. 
Section 201.10 subsection (b) is repealed because it is a restatement of 
existing law, therefore it is repetitive of agency statute and not an 
appropriate subject of an agency rule. Additionally the statutory citation is 
out-of-date.
Richard Hermann, Director of Finance, has determined that there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections as proposed. There will be no foreseeable cost 
reductions to the state or to local governments, no net effect on revenues as a 
result of enforcing and administering the rules, and no foreseeable implications 
relating to costs or revenues to the state or to local governments associated 
with implementing the rules. 
Mr. Hermann also has determined that for each year of the first five year period 
that the rules are in effect, the public benefit anticipated as a result of 
enforcing the rules as proposed will be a cleaner version of already existing 
rules. There will be no effect on small businesses. There are no anticipated 
economic costs to persons who are required to comply with the sections as 
proposed. There is no anticipated impact on local employment. 
Comments should be directed to Sarah Winkler, Director of Education, Children's 
Trust Fund of Texas Council, 8929 Shoal Creek Boulevard, Suite 200, Austin, 
Texas 78757-6854. 

40 TAC sec.sec.201.1, 201.3, 201.6, 102.7
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Children's 
Trust Fund of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources Code,sec.74.003 subsection 
(a)(11), which grants general rulemaking authority. 
sec.201.1. The Children's Trust Fund of Texas Council.
sec.201.3. Membership.
sec.201.6. Executive Director.
sec.201.7. Council Activities. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 8, 1998.
TRD-9809174
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-1281

40 TAC sec.sec.201.8, 201.9, 201.10
The amendments are proposed under the Human Resources Code, sec.74.003 
subsection (a)(11), which grants general rulemaking authority. 

sec.201.8. Meetings.
[(a) Regular meetings. The Council will meet a minimum of two times per year.] 
<nl>(a)<ol> [(b)] Special meetings. Special meetings may be called by the 
chairperson at a time and location designated in a notice of the meeting. 
[(c) Open meetings. All Council meetings are subject to the requirements of the 
Texas Open Meetings Act, Texas Civil Statutes, Article 6252-17. Regular and 
special meetings of the Council shall be open to the public.] 
[(d) Executive sessions. Executive sessions of the Council are meetings with 
only Council members and invited persons present and are subject to the 
following requirements under the Texas Open Meetings Act, Texas Civil Statutes, 
Article 6252-17.] 
[(1) Executive sessions are held only to consider the following items as 
provided by law:] 
[(A) involving the appointment, employment, evaluation, reassignment, duties, 
discipline, or dismissal of a public officer or employee or to hear complaints 
or charges against such officer or employee, unless such officer or employee 
requests a public hearing;] 
[(B) with respect to the purchase, exchange, lease, or value of real property 
and negotiated contracts for prospective gifts or donations to the state or the 
governmental body, when such discussion would have a detrimental effect on the 
negotiation position of the Council as between the Council and a third person, 
firm, or corporation;] 
[(C) regarding the deployment, or specific occasions for implementation of 
security personnel or devices; or] 
[(D) in private consultations between a governmental body and its attorney, in 
instances in which the Council seeks the attorney's advice with respect to 
pending or contemplated litigation, settlement offers, and matters where the 
duty of the Council's legal counsel to his/her client, pursuant to the Code of 
Professional Responsibility of the State Bar of Texas, clearly conflicts with 
applicable statutory provisions.] 
[(2) For any meeting that is closed to the public, except for consultations in 
accordance with paragraph (1)(D) of this subsection, the Council will take one 
of the following actions.] 
[(A) The Council shall keep an agenda of the proceedings certified by the 
presiding officer that each agenda is a true and correct record of such 
proceedings. The certified agenda shall:] 
[(i) include an announcement by the presiding officer at the beginning and end 
of the closed session or meeting indicating date and time, and] 
[(ii) state the subject matter of each deliberation.
[(B) In lieu of the certified agenda requirement of subparagraph (A) of this 
paragraph, the Council may make a tape recording of the proceedings which shall 
include an announcement made by the presiding officer at the opening and closing 
of the meeting indicating the date and time.] 
<nl>(b)<ol> [(e)] Notice of meeting. The notice of meetings shall be published 
in the Texas Register in accordance with state requirements.
<nl>(c)<ol> [(f)] Agendas. The chairperson will approve the official agenda, 
which will be distributed the day of the meeting. Any matter may be placed on 
the agenda for consideration by the written request of three members of the 
Council within 30 days of a regular or special meeting. 
[(g) Quorum. Five members will constitute a quorum.] 
<nl>(d)<ol> [(h)] Rules of order. The Council will use Robert's Rules of Order, 
Newly Revised, except that the chairperson may vote on any action as any other 
member of the Council, and any other exception as provided in Council management 
policies or by statute. 
[(i) Minutes. Official minutes are retained by the state office of the CTF 
Council and the Texas Legislative Reference Library.] 
<nl>(e)<ol> [(j)] Public participation. The public may participate in the 
Council's scheduled meetings by personal appearance in accordance with accepted 
rules of order and as determined by the chairperson and the executive director 
or by submitting written comments. 
[(k) Dissents. A Council member may enter a written statement into the official 
minutes to reflect opposition to any action taken at a meeting by the Council 
majority.] 
<nl>(f)<ol> [(l)] Public statements. When making public statements concerning 
matters under the jurisdiction of the Council, members will not imply that their 
individual opinions reflect the official position or policy of the Council. 

sec.201.9. Actions Requiring Council Approval.
Council approval is required for the following actions:
(1)-(3) (No change.) 
(4) when required by law, requested by the executive director, or desired by the 
Council; [or] 
(5) issuance of a formal public statement reflecting the opinion or policy of 
the Council<nl>; or <ol>[.] 
<nl>(6)<ol> <nl> adoption of substantive or procedural rules.<ol>

sec.201.10. Relationship Between Council and Private Organizations and Donors.
[(a) Authority and purpose.] 
These rules are proposed under the provisions of Human Resources Code, Chapter 
74, whereby the Council may apply for and receive funds made available by the 
federal or state government or by another public or private source, which funds 
may be designated and expended for administrative purposes or for grants for 
child abuse and neglect prevention programs, and which may be deposited in 
either the <nl>Trust Fund<ol> [trust fund] or the <nl>Operating Fund<ol> 
[operating fund], as appropriate. The Council may solicit donations for child 
abuse and neglect prevention programs and public information and education 
activities. 
[(b) Standards of Conduct] 
[(1) Standards of conduct of members and employees of the Council are governed 
by Article 6252-9B, Texas Civil Statutes.] 
[(2) No member or employee of the Council should accept or solicit any gift, 
favor, or service that might reasonably tend to influence him or her in the 
discharge of favor, or service that might reasonably tend to influence him or 
her in the discharge of official duties or that he or she knows or should know 
is being offered with the intent to influence him/her with the intent to 
influence his or her official contributions from individuals or organizations 
under contract with the Council.] 
[(3) No member or employee of the Council should accept employment or engage in 
any business or professional activity which he or she might reasonably expect 
would require or induce him or her to disclose confidential information acquired 
by reason of his or her official position.] 
[(4) No member or employee of the Council should accept other employment or 
compensations which could reasonably be expected to impair his or her 
independence or judgment in the performance of his or her official duties.] 
[(5) No member or employee of the Council should make personal investments which 
could reasonably be expected to create a substantial conflict between his or her 
private interest and the public interest.] 
[(6) No member or employee of the Council should intentionally or knowingly 
solicit, accept, or agree to accept any benefit for having exercised his or her 
official powers or performed his or her official duties in favor of another.] 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 8, 1998.
TRD-9809175
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-1281

CHAPTER 202.Funded Program Awards and Contracts
The Children's Trust Fund of Texas Council proposes the repeal of sec.202.9 and 
amendments to sec.sec.202.6, 202.8, and 202.10, concerning Funded Program Awards 
and Contracts. 
Section 202.6 subsection (a) is amended to delete a delivery address that is no 
longer available. 
Section 202.8 subsection (f) is amended by including a description of the 
confidentiality guidelines that are referred to in the current rule. By adding 
the guidelines, applicants will have adequate guidance without going to another 
source. 
Section 202.9 is being repealed. These conflict of interest provisions will be 
transferred to the Policies and Procedures Manual. 
Section 202.10 amends subsection (a) to reflect the amendment to Human Resources 
Code, sec.74.010, which authorizes more than two extensions under certain 
circumstances as determined by the Council and defines those circumstances.
Richard Hermann, Director of Finance, has determined that there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections as proposed. There will be no foreseeable cost 
reductions to the state or to local governments, no net effect on revenues as a 
result of enforcing and administering the rules, and no foreseeable implications 
relating to costs or revenues to the state or to local governments associated 
with implementing the rules. 
Mr. Hermann also has determined that for each year of the first five year period 
that the rules are in effect, the public benefit anticipated as a result of 
enforcing the rules as proposed will be a cleaner version of already existing 
rules. There will be no effect on small businesses. There are no anticipated 
economic costs to persons who are required to comply with the sections as 
proposed. There is no anticipated impact on local employment. 
Comments should be directed to Sarah Winkler, Director of Education, Children's 
Trust Fund of Texas Council, 8929 Shoal Creek Boulevard, Suite 200, Austin, 
Texas 78757-6854. 

40 TAC sec.sec.202.6, 202.8, 202.10
The amendments are proposed under the Human Resources Code, sec.74.003 
subsection (a)(11), which grants general rulemaking authority. 

sec.202.6. Application Requirements and Proposal Submission. 
(a) Proposal format. The Council adopts by reference the document entitled 
Request for Proposal (RFP), that is periodically updated and published by 
Council staff. Copies are available upon request from the Children's Trust Fund 
of Texas Council. [P.O. Box 160610, Austin, Texas 78716-0610.] 
(b) Format content. The format consists of the forms and related material that 
the applicant will complete to apply to receive funds to perform services. 
(1) The format included in the application package shall be used. 
(2) Substantially incomplete proposals will not be considered. 
(3) Proposals received after the closing date will not be considered. 

sec.202.8. Project Approval.
(a)-(e) (No change.) 
(f) A contractor who provides direct client services must comply with 
confidentiality guidelines. <nl>All Contractors who provide direct client 
services must maintain confidential files on all participants who receive those 
services. All program staff including instructors must review confidentiality 
guidelines set forth by the agency prior to employment. Participants may sign a 
release of information upon entry into a program. Names, addresses, phone 
numbers and other identifying information must not be released to anyone without 
the participant's prior written approval.<ol> 
(g)-(h) (No change.)

sec.202.10. Renewal Funding.
(a) Renewal of a grant is not automatic. Grants may be renewed twice for a total 
contract period of three years at the Children's Trust Fund of Texas Council's 
(CTF's) option, when authorized by the CTF Council, and when it is in the best 
interest of the CTF Council. <nl>A Program may be eligible for renewal a third 
time as determined by the CTF Council under certain circumstances which include 
but are not limited to funding availability, proven program success, and 
demonstrated community support.<ol> 
(b) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 8, 1998.
TRD-9809176
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-1281

40 TAC sec.202.9
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Children's Trust 
Fund of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The amendments are proposed under the Human Resources Code, sec.74.003 
subsection (a)(11), which grants general rulemaking authority. 
sec.202.9. Conflict of Interest. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 8, 1998.
TRD-9809177
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-1281

CHAPTER 203.Advisory Committees
40 TAC sec.sec.203.1-203.5
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Children's Trust 
Fund of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Children's Trust Fund of Texas Council proposes the repeal of sec.sec.203.1-
203.5, concerning Advisory Committees. 
Both advisory committees have expired therefore the entire chapter must be 
repealed. 
Richard Hermann, Director of Finance, has determined that there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the repeals as proposed. There will be no foreseeable cost 
reductions to the state or to local governments, no net effect on revenues as a 
result of repealing the rules, and no foreseeable implications relating to costs 
or revenues to the state or to local governments associated with the repeal of 
the rules. 
Mr. Hermann also has determined that for each year of the first five year period 
that the rules are in effect, the public benefit anticipated as a result of 
enforcing the repeals as proposed will be the removal of obsolete rule language 
for the agency's standards. There will be no effect on small businesses. There 
are no anticipated economic costs to persons who are required to comply with the 
sections as proposed. There is no anticipated impact on local employment.
Comments should be directed to Sarah Winkler, Director of Education, Children's 
Trust Fund of Texas Council, 8929 Shoal Creek Boulevard, Suite 200, Austin, 
Texas 78757-6854. 
The repeals are proposed under the Human Resources Code, sec.74.003 subsection 
(a)(11), which grants general rulemaking authority. 
sec.203.1. Purpose. 
sec.203.2. Definitions.
sec.203.3. Advisory Committees.
sec.203.4. CTF Fiscal Advisory Committee.
sec.203.5. CTF Public Awareness Advisory Committee.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 8, 1998.
TRD-9809178
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 458-1281

PART IX. Texas Department on Aging
CHAPTER 260. Area Agency on Aging Administrative Requirements
40 TAC sec.260.1
The Texas Department on Aging proposes an amendment to sec.260.1, relating to 
the Area Agency on Aging Administrative Requirements. The proposed amendment 
will establish the use of standardized forms to improve the collection and 
accuracy of the required programmatic and financial performance targets (units, 
persons, unit costs) reported to the Department as outlined in the approved area 
plan of each area agency on aging. The use of uniform reporting instruments will 
also assist each area agency in maintaining verifiable supporting documentation 
of the services they provide to the elderly in their service region. 
Frank Pennington, director of program and fiscal accountability, has determined 
that for the first five-year period the rule is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the rule. 
Mr. Pennington also has determined that for each year of the first five years 
the amendments are in effect, the public benefit anticipated will be a better 
accountability of federal and state resources for the delivery of Older 
Americans Act programs. 
Comments on the proposed amendments may be submitted to Frank Pennington, 
director of program and fiscal accountability, Texas Department on Aging, P.O. 
Box 12786, Austin, Texas 78711. 
The rule is proposed under the Human Resources Code, Chapter 101, which provides 
the Texas Department on Aging with the authority to promulgate rules governing 
the operation of the Department. 
The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 

sec.260.1. Are Agency on Aging Administrative Responsibility.
(a)-(f) (No change.) 
(g) Area Agency on Aging Accountability. To demonstrate area agency contractor 
accountability: 
(1)-(6) (No change.) 
<nl>(7)<ol> area agency contractors shall use any and all standard forms 
promulgated by the Department for reporting or maintenance of supporting 
documentation following appropriate written notice from the Department of not 
less than 30 days unless an approval waiver is granted by the Department which 
approves the use of alternative forms. 
(h)-(q) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 5, 1998.
TRD-9809065
Mary Sapp
Executive Director
Texas Department on Aging
Earliest possible date of adoption: July 19, 1998
For further information, please call: (512) 424-6840