Section 334.499 - Shipping Requirements Applicable to Owners or Operators of Storage, Treatment, or Disposal Facilities(a) No owner or operator of a storage, treatment, or disposal facility may accept delivery of petroleum-substance waste for storage, treatment, or disposal unless: (1) a Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) - Waste Manifest accompanies the shipment which designates that facility to receive the waste;(2) the facility owner or operator signs the PST-Waste Manifest and immediately gives at least one copy of the signed PST-Waste Manifest to the transporter;(3) the facility owner or operator retains one copy of the PST-Waste Manifest in accordance with § 334.500 of this title (relating to Recordkeeping Requirements Applicable to Owners or Operators of Storage, Treatment, or Disposal Facilities); and(4) within 30 days after receipt of the waste, the facility owner or operator sends a copy of the PST- Waste Manifest to the generator.(b) When a facility or reuse area receives petroleum-substance waste accompanied by a PST-Waste Manifest, the facility owner or operator, or his agent, or the owner or operator of the property designated for the reuse area shall note any significant discrepancies on each copy of the PST-Waste Manifest. (1) Significant discrepancies are differences between the quantity or type of waste designated on the PST-Waste Manifest and the quantity or type of waste a facility actually received. Significant discrepancies in type of waste are obvious differences which can be discovered by inspection or waste analysis.(2) Upon discovering a significant discrepancy, the facility owner or operator shall 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 facility owner or operator shall, within five days, submit to the agency a letter describing the discrepancy and attempts to reconcile it, and a copy of the PST-Waste Manifest at issue. The facility owner or operator shall ensure that the waste is a petroleum-substance waste eligible for acceptance by the facility pursuant to this subchapter and shall report any unreconciled discrepancies discovered during any analyses or evaluation.(c) No owner or operator of a storage, treatment, or disposal facility in Texas shall accept wastes from an out-of-state generator or location unless the following requirements are met:(1) the waste is accompanied by legible copies of the signed TCEQ PST-Waste Manifest for all wastes received pursuant to § 334.496 of this title (relating to Shipping Procedures Applicable to Generators of Petroleum-Substance Waste);(2) the facility owner or operator obtains documentation that the wastes contain only petroleum-substance contamination, have been generated from an underground or aboveground storage tank as defined in this chapter, and are classified as non-hazardous in the state where generated. This documentation shall consist of documentation on the sampling methods, sample handling, chain-of-custody documents, and legible copies of signed laboratory reports on samples collected from the specified wastes. The number of samples shall be sufficient to characterize the entire quantity of wastes. The analyses shall include: (A) volatiles and semi-volatiles by United States Environmental Protection Agency (EPA) Methods 8240 and 8270, respectively;(B) toxicity characteristic listed constituents as specified in 40 Code of Federal Regulations, Part 261;(C) organochlorine pesticides and polychlorinated biphenyls by EPA Method 8080; and(D) any other analyses necessary to characterize the wastes or as specified by the agency; and/or(3) the facility owner or operator obtains documentation from the appropriate governing agency in the originating jurisdiction that the wastes are classified as non-hazardous and meet the definition of petroleum-substance wastes (as such wastes are defined in § 334.2 of this title (relating to Definitions)), and provides such documentation to the agency prior to receiving the out-of-state soils.(d) The facility owner or operator shall not accept any wastes for storage, treatment, or disposal from an in-state generator or location which contain any contaminants above natural background levels other than petroleum substances as defined in this subchapter, unless otherwise approved by the agency. Documentation of the contaminants in the waste shall consist of a sufficient number of samples to characterize the waste and the samples shall be analyzed for all contaminants that may occur in that waste.30 Tex. Admin. Code § 334.499
The provisions of this §334.499 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3456, eff. 5/31/2018