Section 335.52 - Purpose, Scope, and Applicability(a) The regulations in this subchapter establish standards for generators of hazardous waste. These standards are in addition to any applicable provisions contained in Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste in General).(1) A person who generates a hazardous waste as defined by 40 Code of Federal Regulations (CFR) §261.3, as adopted under § 335.504 of this title (relating to Hazardous Waste Determination), is subject to all applicable independent requirements listed in this section. (A) Independent requirements of a very small quantity generator: (i) § 335.504 of this title; and(ii)40 CFR § 262.13 (Generator category determination) as adopted under § 335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).(B) Independent requirements of a small quantity generator: (i) § 335.504 of this title;(ii)40 CFR § 262.11(e) and (f) (Hazardous waste determination and recordkeeping), as adopted under § 335.53 of this title;(iii)40 CFR § 262.13, as adopted under § 335.53 of this title;(iv)40 CFR § 262.18 (EPA identification numbers and re-notification for small quantity generators and large quantity generators), as adopted under § 335.53 of this title;(v) 40 CFR Part 262 , Subpart B (Manifest Requirements Applicable to Small and Large Quantity Generators), as adopted under § 335.54 of this title (relating to Hazardous Waste Manifest);(vi) 40 CFR Part 262, Subpart C (Pre-Transport Requirements Applicable to Small and Large Quantity Generators) as adopted under § 335.55 of this title (relating to Pre-Transport Requirements Applicable to Large and Small Quantity Generators);(vii)40 CFR § 262.40 (Recordkeeping) as adopted under § 335.56 of this title (relating to Recordkeeping and Reporting Applicable to Large and Small Quantity Generators);(viii)40 CFR § 262.44 (Recordkeeping for small quantity generators) as adopted under § 335.56 of this title;(ix) §§335.6(b), (c) and (f), 335.9, 335.10(a) and 335.13 of this title (relating to 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 Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste); and(x) 40 CFR Part 262, Subpart H (Transboundary Movements of Hazardous Waste for Recovery or Disposal), as adopted under § 335.58 of this title (relating to Transboundary Movements of Hazardous Waste for Recovery or Disposal).(C) Independent requirements of a large quantity generator:(i) § 335.504 of this title;(ii)40 CFR § 262.11(e) and (f) as adopted under § 335.53 of this title;(iii)40 CFR § 262.13 as adopted under § 335.53 of this title;(iv)40 CFR § 262.18 as adopted under § 335.53 of this title;(v) 40 CFR Part 262, Subpart B as adopted under § 335.54 of this title;(vi) 40 CFR Part 262, Subpart C as adopted under § 335.55 of this title;(vii) 40 CFR Part 262, Subpart D (Recordkeeping and Reporting Applicable to Small and Large Quantity Generators), as adopted under § 335.56 of this title except 40 CFR § 262.44;(viii) §§335.6(b), (c) and (f), 335.9, 335.10(a) and 335.13 of this title; and(ix) 40 CFR Part 262, Subpart H, as adopted under § 335.58 of this title.(2) A generator that accumulates hazardous waste on-site is a person that stores hazardous waste and is subject to the applicable requirements of Chapter 37 of this title (relating to Financial Assurance), Chapter 39 of this title (relating to Public Notice), Chapter 305 of this title (relating to General Provisions), Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste), and Section 3010 of Resource Conservation and Recovery Act (RCRA) unless it is one of the following:(A) a very small quantity generator that meets the conditions for exemption in 40 CFR § 262.14 (Conditions for exemption for a very small quantity generator), as adopted under § 335.53 of this title;(B) a small quantity generator that meets the conditions for exemption in 40 CFR § 262.16 (Conditions for exemption for a small quantity generator that accumulates hazardous waste) and meets the requirements of 40 CFR § 262.15 (Satellite accumulation area regulations for small and large quantity generators), as 40 CFR § 262.15 and § 262.16 are adopted under § 335.53 of this title; and(C) a large quantity generator that meets the conditions for exemption in 40 CFR § 262.17 (Conditions for exemption for a large quantity generator that accumulates hazardous waste) and meets the requirements of 40 CFR § 262.15, as 40 CFR § 262.15 and § 262.17 are adopted under § 335.53 of this title.(3) A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in § 335.1 of this title (relating to Definitions), or not otherwise authorized to receive the generator's hazardous waste.(b) A generator must use 40 CFR § 262.13 as adopted under § 335.53 of this title to determine their generator category and which provisions of this subchapter are applicable to the generator based on the quantity of hazardous waste generated per calendar month.(c) Any person who exports or imports hazardous wastes must comply with 40 CFR § 262.18 as adopted under § 335.53 of this title and 40 CFR Part 262, Subpart H, as adopted under § 335.58 of this title.(d) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in 40 CFR Part 262.(e) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of 40 CFR § 262.70 (Farmers), as adopted under § 335.57 of this title (relating to Farmers), is not required to comply with other standards in this subchapter or this chapter with respect to such pesticides.(f) This subsection describes the consequences of violating of an independent requirement and not complying with a condition for exemption. (1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under Texas Health and Safety Code, Chapter 361, Texas Water Code, Chapter 7, and Section 3008 of RCRA.(2) A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under Texas Health and Safety Code, Chapter 361, Texas Water Code, Chapter 7, or Section 3008 of RCRA as a violation of a Texas Administrative Code section adopting a 40 CFR Part 262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, operations, and notification requirements in this chapter, and in Chapters 37, 39, and 305 of this title. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under Texas Health and Safety Code, Chapter 361, Texas Water Code, Chapter 7, and Section 3008 of RCRA.(g) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this subchapter.(h) Persons responding to an explosives or munitions emergency in accordance with § 335.41(d)(2) of this title (relating to Purpose, Scope and Applicability) are not required to comply with the standards of this subchapter.(i) The laboratories owned by an eligible academic entity (for purposes of this paragraph, the terms "laboratory" and "eligible academic entity" shall have the meaning defined in 40 CFR § 262.200, as adopted under § 335.59 of this title (relating to Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities) that elect to be subject to the requirements of 40 CFR Part 262, Subpart K, as adopted by reference under § 335.59 of this title are not subject to: (1) the independent requirements of § 335.504 of this title or 40 CFR § 262.11 as adopted under § 335.53 of this title;(2) the regulations in 40 CFR § 262.15 as adopted under § 335.53 of this title for large quantity generators and small quantity generators, except as provided in 40 CFR Part 262, Subpart K, as adopted under § 335.59 of this title; or(3) the conditions of 40 CFR § 262.14 as adopted under § 335.53 of this title, except as provided in 40 CFR Part 262, Subpart K, as adopted by reference under § 335.59 of this title.(j) A reverse distributor as defined in § 335.751 of this title (relating to Definitions) is subject to Subchapter W of this chapter (relating to Management Standards for Hazardous Waste Pharmaceuticals) for the management of hazardous waste pharmaceuticals instead of this subchapter.(k) A healthcare facility, as defined in § 335.751 of this title, must determine whether it is subject to Subchapter W of this chapter for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A healthcare facility that generates more than 100 kilograms (kg) (220 pounds) of hazardous waste per calendar month, or more than 1 kg (2.2 pounds) of acute hazardous waste per calendar month, or more than 100 kg (220 pounds) per calendar month of any residue or contaminated soil, water, 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 CFR § 261.31 or § 261.33(e) as adopted under § 335.504 of this title (relating to Hazardous Waste Determination), is subject to Subchapter W of this chapter for the management of hazardous waste pharmaceuticals in lieu of this subchapter. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to 40 CFR § 262.14 as adopted in § 335.53 of this title, and is not subject to Subchapter W of this chapter, except for § 335.761 and § 335.765 of this title (relating to Prohibition of Sewering Hazardous Waste Pharmaceuticals; and Residues of Hazardous Waste Pharmaceuticals in Empty Containers), and the optional provisions of § 335.759 of this title (relating to Healthcare Facilities That are Very Small Quantity Generators for Both Hazardous Waste Pharmaceuticals and Non-pharmaceutical Hazardous Waste).30 Tex. Admin. Code § 335.52
Adopted by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0340, eff. 2/3/2022