30 Tex. Admin. Code § 335.474

Current through Reg. 49, No. 44; November 1, 2024

Section 335.474 - Pollution Prevention Plans

All persons identified under § 335.473 of this title (relating to Applicability) shall prepare a five-year pollution prevention plan that shall be updated as necessary. Plans shall be maintained on-site and available to commission personnel for inspection. Prior to expiration of the initial plan and each succeeding five-year plan, a new five-year plan shall be prepared. Plans prepared under paragraphs (1) - (3) of this section shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities.

(1) Large quantity generators or toxic release inventory (TRI) Form R reporters. For facilities that are large quantity generators as defined in § 335.1 of this title (relating to Definitions) or TRI Form R reporters, the plan shall include, at a minimum:

(A) an initial survey that identifies:

(i) for facilities described in § 335.473(1) of this title, all activities that generate hazardous waste; and

(ii) for facilities described in §335.473(3), all activities that result in a release of TRI reportable chemicals;

(B) based on the initial survey, a prioritized list of economically and technologically feasible source reduction and waste minimization projects;

(C) an explanation of source reduction or waste minimization projects to be undertaken, with a discussion of technical and economic considerations, and environmental and human health risks considered in selecting each project to be undertaken;

(D) an estimate of the type and amount of reduction anticipated;

(E) a schedule for the implementation of each source reduction and waste minimization project;

(F) measurable source reduction and waste minimization goals for the entire facility, including incremental goals to aid in evaluating progress;

(G) an explanation of employee awareness and training programs to aid in accomplishing source reduction and waste minimization goals;

(H) identification of cases where the implementation of a source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium;

(I) certification that the plan is complete and correct by the owner of the facility, or, if the facility is owned by a corporation, by an officer of the corporation that owns the facility who has the authority to commit the corporation's resources to implement the plan. A copy of the certification is to be submitted to the commission; and

(J) an executive summary of the plan submitted to the commission that shall include at a minimum:

(i) a description of the facility that shall include:

(I) name of facility;

(II) mailing and physical address;

(III) point-of-contact, including phone number and electronic mail (e-mail) address, if available;

(IV) a general description of the facility;

(V) applicable identification numbers, including: Texas Commission on Environmental Quality (TCEQ) solid waste registration number, EPA identification number, and TRI identification number;

(VI) primary standard industrial classification (SIC) code and, if applicable, North American Industry Classification System (NAICS); and

(VII) the specific time period the five-year plan is in effect;

(ii) a list of all hazardous wastes generated and the volume of each;

(iii) a list of all reportable TRI releases and transfers and the volume of each;

(iv) a prioritized list of pollutants and contaminants to be reduced;

(v) a statement of measurable reduction goals;

(vi) an explanation of environmental and human health risks considered in determining reduction goals;

(vii) a list of source reduction and waste minimization projects with an associated schedule toward implementation;

(viii) an implementation schedule for future reduction goals; and

(ix) identification and description of cases where the implementation of source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium. Included in this description shall be a discussion of the change in characteristic of the normal waste stream or release and how it will be managed in the affected medium.

(K) The executive summary of the plan may include:

(i) a discussion of the person's previous efforts at the facility to reduce risk to human health and the environment or to reduce the generation of hazardous waste or the release of pollutants or contaminants;

(ii) a discussion of the effect changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals;

(iii) the effect that events the person could not control have had on the achievement of the source reduction and waste minimization goals;

(iv) a description of projects that have reduced the generation of hazardous waste or the release of pollutants or contaminants; and

(v) a discussion of the operational decisions made at the facility that have affected the achievement of the source reduction or waste minimization goals or other risk reduction efforts.

(2) Small quantity generators/non-TRI Form R reporters. For facilities that are small quantity generators as defined in § 335.1 of this title and are not TRI Form R reporters, the plan shall include, at a minimum:

(A) a description of the facility which shall include:

(i) name of the facility;

(ii) mailing and physical address;

(iii) point-of-contact, including phone numbers and electronic mail (e-mail) address, if available;

(iv) general description of the facility; and

(v) applicable identification numbers, including: TCEQ solid waste registration number and EPA identification number;

(B) a list of all hazardous wastes generated and the volume of each;

(C) a prioritized list of pollutants and contaminants to be reduced;

(D) a statement of measurable reduction goals;

(E) information on environmental and human health risks, such as material safety data sheets or other available documentation, considered in determining reduction goals;

(F) A list of source reduction and waste minimization projects with an associated schedule of implementation;

(G) an implementation schedule for future reduction goals;

(H) certification that the plan is complete and correct by the owner of the facility or if the facility is owned by a corporation, by an officer of the corporation that owns the facility who has the authority to commit the corporation's resources to implement the plan. A copy of the certification must be submitted to the commission; and

(I) an executive summary of the plan submitted to the commission that shall include at a minimum:

(i) a description of the facility that shall include:

(I) name of facility;

(II) mailing and physical address;

(III) point-of-contact, including a phone number and email, if available;

(IV) EPA identification number and TCEQ solid waste registration number;

(V) primary SIC code; and if applicable, NAICS;

(VI) the specific time period the five-year plan is in effect;

(ii) a projection of the amount of hazardous waste that the facility will generate (based on what is reported as hazardous waste under § 335.9 of this title (relating to Record Keeping and Annual Reporting Procedures Applicable to Generators)) at the end of the five-year period that the plan is in place;

(iii) prioritized list of pollutants and contaminants to be reduced;

(iv) a list of source reduction activities associated with reductions of pollutants and contaminants identified under subparagraph (C) of this paragraph.

(J) The executive summary of the plan may include:

(i) a discussion of the person's previous effort at the facility to reduce hazardous waste or the release of pollutants or contaminants through the pollution prevention plan;

(ii) a discussion of the effect that changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals;

(iii) the effects that events the person could not control have had on the achievement of the source reduction and waste minimization goals;

(iv) a discussion of the operational decisions the person has made that have affected the achievement of the source reduction and waste minimization goals; and

(v) identification and description of cases where the implementation of source reduction and waste minimization activities designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium. Included in this description shall be a discussion of the change in characteristic of the normal waste stream or release and how it will be managed in the affected medium.

30 Tex. Admin. Code § 335.474

The provisions of this §335.474 adopted to be effective January 3, 1992, 16 TexReg 7532; amended to be effective December 25, 1995, 20 TexReg 10374; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 735; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0345, eff. 2/3/2022