Section 335.152 - Standards(a) The following regulations contained in 40 Code of Federal Regulations (CFR) Part 264 (including all appendices to Part 264) are adopted by reference as amended in the Federal Register through June 1, 1990 (55 FR 22685) and as further amended and adopted as indicated in each paragraph of this subsection: (1) Subpart B--General Facility Standards (as amended in the Federal Register through November 28, 2016 (81 FR 85732)); in addition, the facilities which are subject to 40 CFR Part 264 , Subpart X, are subject to regulation under 40 CFR § 264.15(b)(4) and § 264.18(b)(1)(ii);(2) Subpart C--Preparedness and Prevention;(3) Subpart D--Contingency Plan and Emergency Procedures (as amended in the Federal Register through March 18, 2010 (75 FR 12989)), except 40 CFR § 264.56(d);(4) Subpart E--Manifest System, Recordkeeping and Reporting (as amended in the Federal Register through January 3, 2018 (83 FR 420)), except 40 CFR § 264.76 and § 264.77; facilities which are subject to 40 CFR Part 264, Subpart X, are subject to 40 CFR § 264.73(b)(6);(5) Subpart G--Closure and Post-Closure (as amended in the Federal Register through July 14, 2006 (71 FR 40254)); facilities which are subject to 40 CFR Part 264, Subpart X, are subject to 40 CFR §§ 264.90(d), 264.111(c), 264.112(a)(2), 264.114, 264.117(a)(1)(i) and (ii), and 264.118(b)(1) and (2)(i) and (ii);(6) Subpart H--Financial Requirements (as amended in the Federal Register through April 4, 2006 (71 FR 16862)); except 40 CFR §§ 264.140, 264.141, 264.142(a)(2), (b) and (c), 264.143(a) - (h), 264.144(b) and (c), 264.145(a) - (h), 264.146, 264.147(a) - (d), and (f) - (k), and 264.148 - 264.151; and subject to the following limitations: facilities which are subject to 40 CFR Part 264, Subpart X, are subject to 40 CFR§ 264.142(a) and § 264.144(a), and § 37.6031(c) of this title (relating to Financial Assurance Requirements for Liability);(7) Subpart I--Use and Management of Containers (as amended in the Federal Register through November 28, 2016 (81 FR 85732));(8) Subpart J--Tank Systems (as amended in the Federal Register through November 28, 2016 (81 FR 85732) );(9) Subpart K--Surface Impoundments (as amended in the Federal Register through July 14, 2006 (71 FR 40254)), except 40 CFR § 264.221 and § 264.228: (A) reference to 40 CFR § 264.221 is changed to § 335.168 of this title (relating to Design and Operating Requirements (Surface Impoundments));(B) reference to 40 CFR § 264.228 is changed to § 335.169 of this title (relating to Closure and Post-Closure Care (Surface Impoundments));(10) Subpart L--Waste Piles (as amended in the Federal Register through July 14, 2006 (71 FR 40254)), except 40 CFR § 264.251;(11) Subpart M--Land Treatment (as amended in the Federal Register through July 14, 2006 (71 FR 40254)), except 40 CFR § 264.273 and § 264.280;(12) Subpart N--Landfills (as amended in the Federal Register through March 18, 2010 (75 FR 12989)), except 40 CFR §§ 264.301, 264.310, 264.314, and 264.315;(13) Subpart O--Incinerators (as amended in the Federal Register through April 8, 2008 (73 FR 18970));(14) Subpart S--Special Provisions for Cleanup (as amended in the Federal Register through March 18, 2010 (75 FR 12989));(15) Subpart W--Drip Pads (as amended in the Federal Register through July 14, 2006 (71 FR 40254));(16) Subpart X--Miscellaneous Units (as amended in the Federal Register through July 14, 2006 (71 FR 40254));(17) Subpart AA--Air Emission Standards for Process Vents (as amended in the Federal Register through November 28, 2016 (81 FR 85732) with the reference to " 40 CFR 262.34(a) " replaced with " 40 CFR § 262.17 as adopted under § 335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste)");(18) Subpart BB--Air Emission Standards for Equipment Leaks (as amended in the Federal Register through November 28, 2016 (81 FR 85732) with the reference to " 40 CFR 262.34(a) " replaced with " 40 CFR § 262.17 as adopted under § 335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste)");(19) Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and Containers (as amended in the Federal Register through January 3, 2018 (83 FR 420));(20) Subpart DD--Containment Buildings (as amended in the Federal Register through November 28, 2016 (81 FR 85732));(21) Subpart EE--Hazardous Waste Munitions and Explosives Storage (as amended in the Federal Register through August 1, 2005 (70 FR 44150));(22) Subpart FF--Fees for the Electronic Hazardous Waste Manifest Program (as amended in the Federal Register through January 3, 2018 (83 FR 420); and(23) the following appendices contained in 40 CFR Part 264:(A) Appendix I--Recordkeeping Instructions (as amended in the Federal Register through March 24, 1994 (59 FR 13891));(B) Appendix IV--Cochron's Approximation to the Behrens-Fisher Students' T-Test;(C) Appendix V--Examples of Potentially IncompatibleWaste;(D) Appendix VI--Political Jurisdictions in Which Compliance With §264.18(a) Must Be Demonstrated; and(E) Appendix IX--Ground-Water Monitoring List (as amended in the Federal Register through June 13, 1997 (62 FR 32451)).(b) The provisions of 40 CFR § 264.18(b) are applicable to owners and operators of hazardous waste management facilities, for which a permit is being sought, which are not subject to the requirements of §§ 335.201- 335.206 of this title (relating to Purpose, Scope, and Applicability; Definitions; Site Selection to Protect Groundwater or Surface Water; Unsuitable Site Characteristics; Prohibition of Permit Issuance; and Petitions for Rulemaking).(c) Except in 40 CFR § 264.71 adopted under subsection (a)(4) of this section and 40 CFR Part 264, Subpart FF adopted under subsection (a)(22) of this section, the regulations of the United States Environmental Protection Agency (EPA) that are adopted by reference in this section are adopted subject to the following changes. (1) The term "regional administrator" is changed to the "executive director" of the Texas Commission on Environmental Quality or to the commission, consistent with the organization of the commission as set out in Texas Water Code, Chapter 5, Subchapter B.(2) The term "treatment" is changed to "processing."(3) Reference to Resource Conservation and Recovery Act, §3008(h) is changed to Texas Water Code, § 7.031(c) - (e) (Corrective Action Relating to Hazardous Waste).(4) Reference to: (A)40 CFR § 260.10 is changed to § 335.1 of this title (relating to Definitions);(B)40 CFR § 264.1 is changed to § 335.151 of this title (relating to Purpose, Scope, and Applicability);(C)40 CFR § 264.280 is changed to § 335.172 of this title (relating to Closure and Post-Closure Care (Land Treatment Units));(D)40 CFR § 264.90 is changed to § 335.156 of this title (relating to Applicability of Groundwater Monitoring and Response);(E)40 CFR § 264.101 is changed to § 335.167 of this title (relating to Corrective Action for Solid Waste Management Units);(F)40 CFR § 264.310 is changed to § 335.174 of this title (relating to Closure and Post-Closure Care (Landfills));(G)40 CFR § 270.41 is changed to § 305.62 of this title (relating to Amendments); and(H)40 CFR § 270.42 is changed to § 305.69 of this title (relating to Solid Waste Permit Modification at the Request of the Permittee).(5)40 CFR Parts 260 - 270 means the commission's rules including, but not limited to, Chapters 50, 305, and 335 of this title (relating to Action on Applications and Other Authorizations; Consolidated Permits; and Industrial Solid Waste and Municipal Hazardous Waste), as applicable.(6) Reference to 40 CFR Part 264, Subpart D is changed to § 335.152(a)(3) of this title (relating to Standards) and § 335.153 of this title (relating to Reporting of Emergency Situations by Emergency Coordinator).(7) References to 40 CFR § 264.76 and § 264.77 are changed to § 335.15(3) of this title (relating to Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Treatment, Storage, or Disposal Facilities), and § 335.155 of this title (relating to Additional Reports), respectively.(8) Reference to 40 CFR Part 264, Subpart F is changed to § 335.156 of this title, § 335.157 of this title (relating to Required Programs), § 335.158 of this title (relating to Groundwater Protection Standard), § 335.159 of this title (relating to Hazardous Constituents), § 335.160 of this title (relating to Concentration Limits), § 335.161 of this title (relating to Point of Compliance), § 335.162 of this title (relating to Compliance Period), § 335.163 of this title (relating to General Groundwater Monitoring Requirements), § 335.164 of this title (relating to Detection Monitoring Program), § 335.165 of this title (relating to Compliance Monitoring Program), § 335.166 of this title (relating to Corrective Action Program), and § 335.167 of this title.(9) Reference to 40 CFR Part 265, Subpart F is changed to include § 335.116 of this title (relating to Applicability of Groundwater Monitoring Requirements) and § 335.117 of this title (relating to Recordkeeping and Reporting), in addition to the reference to 40 CFR Part 265 , Subpart F, except §265.90 and §265.94.(10) Reference to the EPA is changed to the Texas Commission on Environmental Quality.(11) Reference to qualified professional engineer is changed to Texas licensed professional engineer.30 Tex. Admin. Code § 335.152
The provisions of this §335.152 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective September 1, 1986, 11 TexReg 3696; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective August 4, 1989, 14 TexReg 3532; amended to be effective October 29, 1990, 15 TexReg 6017; amended to be effective December 13, 1991, 16 TexReg 6936; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective November 23, 1993, 18 TexReg 8218;amended to be effective February 22, 1994, 19 TexReg 969; amended to be effective February 26, 1996, 21 TexReg 1142; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective October 7, 1999, 24 TexReg 8562; amended to be effective March 21, 2000, 25 TexReg 2394; amended to be effective April 12, 2001, 26 TexReg 2741; amended to be effective November 18, 2001, 26 TexReg 9153; amended to be effective January 30, 2003, 28 TexReg 715; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective August 16, 2007, 32 TexReg 5010; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg 978; Amended by Texas Register, Volume 41, Number 24, June 10, 2016, TexReg 4287, eff. 6/16/2016; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3789, eff. 6/11/2020; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0342, eff. 2/3/2022