30 TAC §§335.1, 335.2, 335.25
The Texas Natural Resource Conservation Commission (commission)
proposes amendments to §335.1, concerning Definitions, and §335.2,
concerning Permit Required; and a new §335.25, concerning Handling, Storing,
Processing, Transporting, and Disposing of Poultry Carcasses.
EXPLANATION OF PROPOSED RULES The proposed amendments and new section will
implement Senate Bill (SB) 1910, relating to Management of Poultry Carcasses,
which was passed during the 75th Texas Legislative Session. Senate Bill 1910
added §§26.301, 26.302 and 26.303, Subchapter H, to the Texas Water
Code. The amendments and new section will establish requirements for the safe
and adequate handling, storage, transportation, processing, and disposal of
poultry carcasses.
Section 335.1, concerning Definitions, will be amended to include definitions
for "extrusion," "poultry," "poultry carcasses," and "poultry facility. SB
1910 limited the definition of "poultry" to apply only to chickens and ducks.
SB 1910 defined poultry, poultry carcasses and poultry facility. Although
it mentioned extrusion, it did not define it. The definition has therefore
been developed from literature explaining the process.
Section 335.2, concerning Permit Required, will be amended to reference
new §335.25, concerning Handling, Storing, Processing, Transporting,
and Disposing of Poultry Carcasses, to show the relationship between the two
sections with regard to requirements for permits or other authorizations.
Proposed new §335.25, concerning Handling, Storing, Processing, Transporting,
and Disposing of Poultry Carcasses, limits the storage of poultry carcasses
to 72 hours before processing or disposal, and requires that the poultry carcasses
be stored in a varmint-proof container. Storage in a freezer is required if
on-site storage is necessary for longer than 72 hours. The poultry carcasses
must ultimately be composted, cremated or incinerated, extruded, rendered,
cooked for swine food, managed in some other method the executive director
deems appropriate, or disposed of in a permitted municipal or industrial solid
waste landfill. On-site burial is prohibited unless a major die-off exceeds
the normal storage and processing capability of a poultry facility. The commission
seeks comments concerning what should be considered "normal storage and processing
capability" at a poultry facility. The commission considers normal storage
and processing capability to be the capability of a facility to routinely
compost, incinerate, or otherwise process or provide adequate storage of the
daily bird mortality under a 72-hour storage limitation.
For the purposes of this rule, a major die-off is proposed to be a mortality
rate of 0.3% or more per day of a facility's total poultry inventory. The
selection of the 0.3% rate resulted from a recommendation from the Texas Agricultural
Extension Service which was based on information that all mortality management
systems (incinerators, composters, or freezers) are designed to manage slightly
above "normal" daily mortality which, on average, is 0.3% per day.
The proposed rule, if adopted, will supersede any provision of a permit
or other authorization previously issued by the commission or its predecessor
agencies which may have authorized on-site burial of poultry carcasses. The
authority to supersede the previously authorized ability to bury poultry carcasses
on-site is based on the language in SB 1910 which specifically prohibits burial
on-site unless there is a major die-off. The commission has already begun
to notify those affected permittees of the prohibition in SB 1910. In addition,
the prohibition in SB 1910 does not go into effect until March 31, 1999 or
the effective date of the commission's rules implementing SB 1910, whichever
is later. Permit holders who are affected by the prohibition in SB 1910 will
have the time necessary to modify their processes dealing with major poultry
die-offs at their facilities.
FISCAL NOTE Bob Orozco, Strategic Planning and Appropriations, has determined
that for the first five-year period the proposed amendments to Chapter 335
are in effect, there will be no significant fiscal implications for state
government or units of local government as a result of the administration
or enforcement of the proposed amendments. The proposed amendments incorporate
and implement procedures for the safe and adequate handling, storage, transportation,
processing, and disposal of poultry carcasses in accordance with SB 1910,
enacted by the 75th Texas Legislature.
Until recently, on-site burial was used routinely as a poultry waste management
practice but is no longer allowed because of the risk of groundwater contamination.
SB 1910 required the Texas Natural Resource Conservation Commission (commission)
to develop rules for the safe and adequate disposal of poultry carcasses.
SB 1910 listed composting, cremation or incineration, extrusion, rendering,
cooking for swine food, management by some other method the commission deems
appropriate, or disposal in a permitted municipal solid waste landfill as
methods to be included as acceptable for disposal of poultry carcasses. SB
1910 also specified that commission rules authorize the on-site burial of
poultry carcasses only in the event of a major die-off that exceeds the capacity
of a poultry facility to handle and dispose of poultry carcasses by the normal
means used by the facility. On-site burial is prohibited unless a major die-off
occurs that equals or exceeds 0.3% or greater per day of a facility's total
poultry inventory.
PUBLIC BENEFIT Mr. Orozco has also determined that for each year of the
first five years the proposed amendments to Chapter 335 are in effect, the
public benefit anticipated from enforcement of and compliance with these rules
will be improved health and safety practices for the handling, storage, transportation,
processing, and disposal of poultry carcasses, and decreased risk of groundwater
contamination. The fiscal implications to individuals and small business are
contained in the Small Business Analysis Section of this fiscal note.
SMALL BUSINESS ANALYSIS The intent of the proposed amendments to Chapter
335 is to implement the provisions of SB 1910 and provide as much flexibility
as possible for the handling, storage, transportation, processing, and disposal
of poultry carcasses. No single method described in the proposed amendments
is mandatory for the disposal of poultry carcasses; however, on-site burial
is no longer allowed by Texas Water Code §26.303 except when a major
die-off occurs that exceeds the capacity of a poultry facility to handle and
dispose of poultry carcasses by the normal means used by the facility. Thus,
it is not legal to reduce the effect of this on-site prohibition on small
businesses. Texas industry produces poultry using both company-owned and contract
farms. On contract farms, the birds are owned by the contractor and the farm
raises them for the contractor. The three largest contractors in Texas are
Pilgrim, Tyson, and Sanderson. In 1996, 78 farms in Texas were company-owned
and 1,230 were contracted farms.
Assuming that small businesses are independent producers, costs associated
with the proposed amendments could be incurred by small businesses if their
current waste management methodology includes on-site burial. Since on-site
burial is no longer allowed, it is anticipated that an alternative methodology
must be developed and implemented. It is anticipated that an on-site permitted
municipal or industrial solid waste landfill will be cost prohibitive for
most small businesses. It is also anticipated that extrusion, rendering, or
cooking for swine food will be cost prohibitive for most small poultry businesses
unless it is a method currently in use by the waste generator. Therefore,
the alternatives to on-site burial that have been considered in this analysis
are incineration, composting, and transportation from the waste generating
facility to another location for authorized disposal.
The proposed amendments limit the on-site storage of poultry carcasses
to 72 hours before processing or disposal and require that the poultry carcasses
be stored in a varmint-proof container. Storage in a freezer is required if
on-site storage is necessary for longer than 72 hours. It is estimated that
freezer units cost approximately $7,000 per unit plus electricity.
It is estimated that the cost of incineration equipment is approximately
$9,500 per unit plus fuel with a capability to process 100 pounds of waste
per hour. It should be noted that use of incineration may be exempt from state
permitting requirements if setback distances contained in Chapter 106 of the
commission's rules, and particulate matter concentrations standards in Chapter
111 and the National Ambient Air Quality Standards can be met. It is anticipated
that poultry operations with restricted space and setback distances from the
nearest property line of less than 700 feet will not currently qualify for
exemption from state permitting requirements. Amendments to the rules currently
under consideration may reduce the setback distances by increasing the height
of the incinerator stacks. For example, poultry operations with restricted
space may have to extend the incinerator stacks to meet the proposed minimum
setback of 100 feet. Stock incinerators typically have a stack height of 12
to 15 feet. Compliance with the minimum setback of 100 feet could require
up to a six foot extension of the stack. The commission estimates that extending
the stacks could cost approximately $300 per foot.
It is estimated that the cost of processing poultry carcasses using composting
would be approximately $23,000 for the structure with 8 composting bins and
a maximum capacity for 400 birds per day or approximately 2,000 pounds per
day.
The cost of transporting poultry waste off site would depend on the distance
from the poultry farm to the waste disposal facility, the amount of waste
generated, and the proximity of other waste producers who could, together,
decrease the cost of transporting carcasses to a landfill or composting facility.
It is estimated that the commercial cost of transporting poultry carcasses
would be in the range of $100 to $150 per hour for transportation to a disposal
facility, plus $300 to $400 per year for dumpster rental. The cost of bags
for the daily collection of dead birds is approximately 30 to 40 cents per
bag, and each bag can hold approximately 2 cubic feet of waste. The mortality
rate for a major die-off of birds is approximately 0.3% per day, or 48 birds
per day, for a flock of 16,000 birds. It is estimated that an average of 7
bags per day of waste would be required for each flock. There would be an
additional cost of $4.90 to $6.90 per cubic yard for landfilling, or approximately
$2.94 to $4.14 per cubic yard for composting. Assuming that this waste is
picked up every third day, a farm with a single flock continuously in production
would have a dumpster containing approximately 14 cubic feet of waste at pick-up.
Assuming that the disposal facility is within 30 miles of the waste generator,
and the collection truck collects 75% of its 25 cubic yard capacity, the costs
for commercial transportation could be prorated among 19 waste generators
(16,000-bird flocks). The estimated transportation costs for each waste producer
for transporting waste to a landfill or composting facility would be in the
range of $651 to $976 per year per 16,000-bird farm. The total costs associated
with disposal for each 16,000-bird flock would be in the range of $2,300 to
$3,200 per year. Some economies are likely for larger producers. Based on
this data, it is estimated that, for a small producer with one flock in continuous
production, the costs of disposal by transporting the waste off-site would
be in the range of $1.13 to $1.58 per $100 in sales. If the small business
transports its waste to the disposal facility, the cost decreases to 81 cents
to $1.09 per $100 in sales.
Mr. Orozco's analysis indicates that incineration or transportation off
site may be the most cost- effective method of disposal unless a landfill
is in very close proximity to the poultry farm. The selection of an authorized
disposal methodology remains the option of the waste generator. The costs
presented here are meant to quantify the estimated costs of alternative methods
most likely to be used by small businesses as an alternative to on-site burial.
The methods described here are not meant to limit the options available to
small business. The proposed amendments specify that another alternative methodology
may be used that is deemed appropriate by the executive director.
DRAFT REGULATORY IMPACT ANALYSIS The commission has reviewed the proposed
rulemaking in light of the regulatory analysis requirements of Texas Government
Code, §2001.0225, and has determined that the rulemaking is not subject
to §2001.0225 because, while it may be a major environmental rule, it
does not meet the applicability criteria of a "major environmental rule" as
defined in the act. "Major environmental rule" means a rule the specific intent
of which is to protect the environment or reduce risks to human health from
environmental exposure and that may adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the environment,
or the public health and safety of the state or a sector of the state. Since
the rule would protect the environment and reduce risks to human health from
environmental exposure and affect in a material way a sector of the economy,
it meets the definition of a major rule. However, §2001.0225 applies
only to a major environmental rule the result of which is to:
(1) exceed a standard set by federal law, unless the rule is specifically
required by state law;
(2) exceed an express requirement of state law, unless the rule is specifically
required by federal law;
(3) exceed a requirement of a delegation agreement or contract between
the state and an agency or representative of the federal government to implement
a state and federal program; or
(4) adopt a rule solely under the general powers of the agency instead
of under a specific state law.
The intent of these amendments is to establish requirements for the safe
and adequate storage, processing, and disposal of poultry carcasses. The elimination
of on-site burial as a normal method for poultry carcass disposal is contained
in state law. This proposed rulemaking does not meet the applicability criteria
of a "major environmental rule" because the proposed amendments do not exceed
a standard set by federal law, exceed an express requirement of state law,
nor exceed a requirement of a delegation agreement. In addition, the proposed
changes are not proposed solely under the general rulemaking authority of
the commission but are proposed to comply with the requirements of SB 1910,
enacted by the 75th Legislature.
Request for Public Comment: The commission seeks public comment on the
Draft Regulatory Impact Analysis.
TAKINGS IMPACT ASSESSMENT The commission has prepared a Takings Impact
Assessment for the rule amendments and new rule pursuant to Texas Government
Code Annotated §2007.043. The following is a summary of that assessment.
The specific purpose of the amendments and new rule is to implement new statutory
requirements under Senate Bill 1910, 75
th
Legislature,
for the safe and adequate management of poultry carcasses. The rule amendments
and new rule will substantially advance the specific purpose by requiring
persons who own or operate a poultry facility to have acceptable methods for
the storage, processing and disposal of poultry carcasses. This rule establishes
more stringent requirements than existing rules because the existing rules
do not specifically pertain to some of the facilities covered under this rule.
Promulgation and enforcement of this rule will not pose any burden, limitation
or restriction beyond that which is required by state law. Property owners
who raised poultry may still do so under this rule. The agency interprets
existing law to prohibit poultry carcasses from being washed away during a
storm event or otherwise managed in a manner which creates a nuisance. This
rule provides property owners with greater information on how a poultry operation
needs to manage its carcasses in order to comply with state law. In addition,
this rule is needed in response to SB 1910 and provides the needed clarification
to the agency's rules in order to continue to protect human health and the
environment.
In view of the above assessment, the commission has determined that this
rulemaking does not constitute a taking.
COASTAL MANAGEMENT PROGRAM The commission has reviewed the proposed rulemaking
and found that the proposal is a rulemaking identified in Coastal Coordination
Act Implementation Rules, 31 TAC §505.11, relating to Actions and Rules
Subject to the Coastal Management Program, or will affect an action/authorization
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
and will, therefore, require that applicable goals and policies of the CMP
be considered during the rulemaking process.
Preliminary Consistency Determination: The commission has prepared a consistency
determination for the proposed rule amendments and new rule pursuant to 31
TAC §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 goals applicable to the proposed rulemaking are
§501.12(1) ("to protect, preserve, restore, and enhance the diversity,
quality, quantity, functions, and values of coastal natural resource areas
(CNRAs)") and §501.12(2) ("to ensure sound management of all coastal
resources by allowing for compatible economic development and multiple human
uses of the coastal zone"). The CMP policy applicable to the proposed rulemaking
is §501.14(d)(1)(I), which states that "New solid waste facilities and
areal expansion 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, §§6901
et seq." Promulgation and enforcement of these rules will not violate any
standards identified in the applicable CMP goals and policy because the rules
are designed to be protective of public health and the environment, and comply
with applicable standards established under the Solid Waste Disposal Act.
Request for Public Comment: The commission seeks public comment on the
consistency of the proposed rule amendments and new rule with the goals and
policies of the Coastal Management Plan.
PUBLIC HEARING A public hearing on this proposal will be held June 10,
1999, at 10:00 a.m. in Room 5108 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 Written comments may be submitted by mail to Bettie
Bell, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas
Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087;
or by fax to (512) 239-4808. All comments must be received by June 14, 1999,
and should reference Rule Log No. 97157-335-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 Hector H.
Mendieta at (512) 239-6694.
STATUTORY AUTHORITY The amendments and new section are proposed
under Texas Water Code, §5.103 and §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; Texas Water Code, §5.122, which provides the commission with the
authority to delegate to the executive director the commission's authority
to act on certain matters; Texas Water Code, §26.303, which directs the
commission to adopt requirements for the safe and adequate handling, storage,
transportation, and disposal of poultry carcasses; and Texas Health and Safety
Code, Solid Waste Disposal Act, §361.017 and §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 section implement Texas Water Code, Chapter
26, Subchapter H.
§335.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly requires otherwise.
(1) - (46)
(No change.)
(47)
Extrusion - A process using pressure
to force ground poultry carcasses through a decreasing-diameter barrel or
nozzle, causing the generation of heat sufficient to kill pathogens, and resulting
in an extruded product acceptable as a feed ingredient.
(48)
[
(47)
] 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
§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), §361.303 (Corrective Action).
(49)
[
(48)
] 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 §335.69 of this title (relating to Accumulation Time).
(50)
[
(49)
] Food-chain crops - Tobacco,
crops grown for human consumption, and crops grown for feed for animals whose
products are consumed by humans.
(51)
[
(50)
] Freeboard - The vertical
distance between the top of a tank or surface impoundment dike, and the surface
of the waste contained therein.
(52)
[
(51)
] Free liquids - Liquids
which readily separate from the solid portion of a waste under ambient temperature
and pressure.
(53)
[
(52)
] 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.
(54)
[
(53)
] Groundwater - Water
below the land surface in a zone of saturation.
(55)
[
(54)
] 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, §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.
(56)
[
(55)
] 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.
(57)
[
(56)
] 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.
(58)
[
(57)
] 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 §261.24.
(59)
[
(58)
] 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.
(60)
[
(59)
] 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.
(61)
[
(60)
] In operation - Refers
to a facility which is processing, storing, or disposing of hazardous waste.
(62)
[
(61)
] Inactive portion - That
portion of a facility which is not operated after November 19, 1980. (See
also "active portion" and "closed portion.")
(63)
[
(62)
] 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.
(64)
[
(63)
] 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.
(65)
[
(64)
] 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.
(66)
[
(65)
] 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.
(67)
[
(66)
] 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.
(68)
[
(67)
] 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.
(69)
[
(68)
] 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.
(70)
[
(69)
] Injection well - A well
into which fluids are injected. (See also "underground injection.")
(71)
[
(70)
] 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.
(72)
[
(71)
] 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.
(73)
[
(72)
] International shipment
- The transportation of hazardous waste into or out of the jurisdiction of
the United States.
(74)
[
(73)
] 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.
(75)
[
(74)
] 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.
(76)
[
(75)
] 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.
(77)
[
(76)
] Leachate - Any liquid,
including any suspended components in the liquid, that has percolated through
or drained from hazardous waste.
(78)
[
(77)
] 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.
(79)
[
(78)
] 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.
(80)
[
(79)
] Management or hazardous
waste management - The systematic control of the collection, source separation,
storage, transportation, processing, treatment, recovery, and disposal of
hazardous waste.
(81)
[
(80)
] 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.
(82)
[
(81)
] Manifest document number
- A number assigned to the manifest by the commission for reporting and recordkeeping
purposes.
(83)
[
(82)
] 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).
(84)
[
(83)
] Movement - That hazardous
waste transported to a facility in an individual vehicle.
(85)
[
(84)
] 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.
(86)
[
(85)
] 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.
(87)
[
(86)
] 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
§264.193(g)(2) (incorporated by reference at §335.152(a)(8) of this
title (relating to Standards)) and 40 Code of Federal Regulations §265.193(g)(2)
(incorporated by reference at §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.")
(88)
[
(87)
] Off-site - Property
which cannot be characterized as on-site.
(89)
[
(88)
] 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.
(90)
[
(89)
] 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.
(91)
[
(90)
] 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.")
(92)
[
(91)
] Operator - The
person responsible for the overall operation of a facility.
(93)
[
(92)
] Owner - The person who
owns a facility or part of a facility.
(94)
[
(93)
] 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.
(95)
[
(94)
] PCBs or polychlorinated
biphenyl compounds - Compounds subject to Title 40, Code of Federal Regulations,
Part 761.
(96)
[
(95)
] 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.
(97)
[
(96)
] Person - Any individual,
corporation, organization, government or governmental subdivision or agency,
business trust, partnership, association or any other legal entity.
(98)
[
(97)
] 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.
(99)
[
(98)
] Pesticide - Has the
definition adopted under §335.261 of this title (relating to Universal
Waste Rule).
(100)
[
(99)
] 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 §§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 §§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.
(101)
[
(100)
] 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.
(102)
[
(101)
] 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.
(103)
Poultry - Chickens or ducks being
raised or kept on any premises in the state for profit.
(104)
Poultry carcass - The carcass, or
part of a carcass, of poultry that died as a result of a cause other than
intentional slaughter for use for human consumption.
(105)
Poultry facility - A facility that:
(A)
is used to raise, grow, feed, or otherwise
produce poultry for commercial purposes; or
(B)
is a commercial poultry hatchery that is
used to produce chicks or ducklings.
(106)
[
(102)
] 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.
(107)
[
(103)
] 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 §6901 et seq., as amended.
(108)
[
(104)
] 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,
§502(4)). The definition includes sewers, pipes or other conveyances
only if they convey wastewater to a POTW providing treatment.
(109)
[
(105)
] 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.
(110)
[
(106)
] 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).
(111)
[
(107)
] Regional administrator
- The regional administrator for the Environmental Protection Agency region
in which the facility is located, or his designee.
(112)
[
(108)
] Remediation - The
act of eliminating or reducing the concentration of contaminants in contaminated
media.
(113)
[
(109)
] 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 §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), §361.303 (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), §361.303 (Corrective
Action), §335.166(5) of this title (relating to Corrective Action Program),
or §335.167(c) of this title (relating to Corrective Action for Solid
Waste Management Units).
(114)
[
(110)
] 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.
(115)
[
(111)
] 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.
(116)
[
(112)
] 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.
(117)
[
(113)
] Run-off - Any rainwater,
leachate, or other liquid that drains over land from any part of a facility.
(118)
[
(114)
] Run-on - Any rainwater,
leachate, or other liquid that drains over land onto any part of a facility.
(119)
[
(115)
] Saturated zone or
zone of saturation - That part of the earth's crust in which all voids are
filled with water.
(120)
[
(116)
] Shipment - Any action
involving the conveyance of municipal hazardous waste or industrial solid
waste by any means off-site.
(121)
[
(117)
] 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.
(122)
[
(118)
] Small quantity generator
- A generator who generates less than 1,000 kg of hazardous waste in a calendar
month.
(123)
[
(119)
] 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 §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, §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 §§6901 et seq., as amended; or
(iv)
a material excluded by 40 Code of Federal Regulations
(CFR) §261.4(a)(1) - (14), as amended through August 6, 1998, at 63 FedReg
42110, by 40 CFR §261.4(a)(16), as amended through May 26, 1998 at 63
FedReg 28556, by 40 CFR §261.4(a)(18) - (19), as amended through August
6, 1998, at 63 FedReg 42110, or by variance granted under §335.18 of
this title (relating to Variances from Classification as a Solid Waste) and
§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 CFR §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 CFR §261.33, not listed in
§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 (except as provided under 40
CFR §261.4(a)(16)). Materials without an asterisk in Column 3 of Table
1 are not solid wastes when reclaimed (except as provided under 40 CFR §261.4(a)(16).
(iv)
Accumulated speculatively. Materials noted with an asterisk
in Column 4 of Table 1 are solid wastes when accumulated speculatively.
Figure: 30 TAC §335.1(123)(D)(iv)
(E)
Materials that are identified by the administrator of the
EPA as inherently waste-like materials under 40 CFR §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. In cases where
the materials are generated and reclaimed within the primary mineral processing
industry, the conditions of the exclusion found at 40 CFR §261.4(a)(16)
apply rather than this provision.
(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 CFR §§261.2(d)(1)
- 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 CFR §261.3(c) unless the reclaimed material is burned for energy
recovery or used in a manner constituting disposal.
(J)
Other portions of this chapter that relate to solid wastes
that are recycled include §335.6 of this title (relating to Notification
Requirements), §335.17 of this title (relating to Special Definitions
for Recyclable Materials and Nonhazardous Recyclable Materials), §335.18
of this title (relating to Variances from Classification as a Solid Waste),
§335.19 of this title (relating to Standards and Criteria for Variances
from Classification as a Solid Waste), §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).
(124)
[
(120)
] 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.
(125)
[
(121)
] 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.
(126)
[
(122)
] 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.
(127)
[
(123)
] 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.
(128)
[
(124)
] 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.
(129)
[
(125)
] 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.
(130)
[
(126)
] Tank system - A hazardous
waste storage or processing tank and its associated ancillary equipment and
containment system.
(131)
[
(127)
] 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.")
(132)
[
(128)
] Thermostat - Has the
definition adopted under §335.261 of this title (relating to Universal
Waste Rule).
(133)
[
(129)
] 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.
(134)
[
(130)
] 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.
(135)
[
(131)
] Transit country -
Any foreign country, other than a receiving country, through which a hazardous
waste is transported.
(136)
[
(132)
] 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.
(137)
[
(133)
] Transporter - Any
person who conveys or transports municipal hazardous waste or industrial solid
waste by truck, ship, pipeline, or other means.
(138)
[
(134)
] 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 §261.4(e) and (f) (§§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.
(139)
[
(135)
] 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.
(140)
[
(136)
] Treatment zone - A
soil area of the unsaturated zone of a land treatment unit within which hazardous
constituents are degraded, transferred, or immobilized.
(141)
[
(137)
] 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.")
(142)
[
(138)
] 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.
(143)
[
(139)
] 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 §
335.261 of this title.
(144)
[
(140)
] Universal waste -
Any of the hazardous wastes defined as universal waste under §335.261(b)(13)(F)
that are managed under the universal waste requirements of §335.261 of
this title (relating to Universal Waste Rule).
(145)
[
(141)
] Universal waste handler
- Has the definition adopted under §335.261 of this title (relating to
Universal Waste Rule).
(146)
[
(142)
] Universal waste transporter
- Has the definition adopted under §335.261 of this title (relating to
Universal Waste Rule).
(147)
[
(143)
] Unsaturated zone or
zone of aeration - The zone between the land surface and the water table.
(148)
[
(144)
] 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.
(149)
[
(145)
] 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 (Standards for Management of Used
Oil).
(150)
[
(146)
] 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 §466 et seq., §402 or §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.
(151)
[
(147)
] 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.
(152)
[
(148)
] 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.
(153)
[
(149)
] 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.
§335.2.Permit Required.
(a)
Except with regard to storage, processing, or disposal
to which subsections (c)-(h) of this section apply, and as provided in §335.45(b)
of this title (relating to Effect on Existing Facilities), and in accordance
with the requirements of §335.24 of this title (relating to Requirements
for Recyclable Materials and Nonhazardous Recyclable Materials)[
,
]
and §335.25 of this title (relating to Handling, Storing, Processing,
Transporting, and Disposing of Poultry Carcasses),
and as provided in
§332.4 of this title (relating to General Requirements), no person may
cause, suffer, allow, or permit any activity of storage, processing, or disposal
of any industrial solid waste or municipal hazardous waste unless such activity
is authorized by a permit, amended permit, or other authorization from the
Texas Natural Resource Conservation Commission or its predecessor agencies,
the Texas Department of Health, or other valid authorization from a Texas
state agency. No person may commence physical construction of a new hazardous
waste management facility without first having submitted Part A and Part B
of the permit application and received a finally effective permit.
(b) - (l)
(No change.)
§335.25.Handling, Storing, Processing, Transporting, and Disposing of Poultry Carcasses.
(a)
Acceptable methods for disposal of poultry carcasses include
the following storage, processing, and disposal methods:
(1)
placement in a landfill permitted by the commission to
receive municipal or industrial solid waste;
(2)
composting, as defined in §332.2 of this title
(relating to Definitions), and as further described in §332.23 of this
title (relating to Operational Requirements);
(3)
cremation or incineration;
(4)
extrusion;
(5)
rendering;
(6)
cooking for swine food; and
(7)
any other method the executive director determines
to be appropriate.
(b)
Prior to disposition by any method listed in subsection
(a) of this section, poultry facilities may:
(1)
store poultry carcasses on site for no more than 72 hours
provided that storage is in a varmint-proof receptacle to prevent odor, leakage,
or spillage, but
(2)
shall freeze any poultry carcasses which require on-site
storage for more than 72 hours.
(c)
Poultry carcasses may not be disposed of by burial on-site
except in the event of a major die-off that exceeds the capacity of a poultry
facility to store and process poultry carcasses by the normal means used by
the facility. A mortality rate of 0.3% or more per day of the facility's total
poultry inventory shall be deemed a major die-off for the purposes of this
section. This subsection supersedes any provisions of a permit or other authorization
issued by the commission or its predecessor agencies which may have authorized
on-site burial of poultry carcasses. This section does not authorize violation
of any applicable regulations or laws.
(d)
Transportation of poultry carcasses to an off-site location
for final disposition shall be in accordance with applicable local, state
or federal regulations or laws.
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
May 5, 1999.
TRD-9902648
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: June 20, 1999
For further information, please call: (512) 239-6087