Section 335.6 - Notification Requirements(a) Notification of industrial solid waste and municipal hazardous waste activities not authorized by a permit. Any person who intends to store, process, recycle, or dispose of industrial solid waste without a permit, as authorized by §335.2(d), (f), or (h) of this title (relating to Permit Required) or § 335.24 of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), shall notify the executive director using a method approved by the executive director, that storage, processing, recycling, or disposal activities are planned.(1) A person required to notify of activities under this subsection shall notify at least 90 days before conducting an activity under this subsection.(2) A person required to notify under this section shall submit additional information, upon request, to the executive director to demonstrate that storage, processing, recycling, or disposal is compliant with the terms of this chapter, including but not limited to information listed under subsection (b)(3) of this section.(b) Duty to notify of changed and new information. Any person who stores, processes, or disposes of municipal hazardous waste or industrial solid waste shall promptly notify the executive director using a method approved by the executive director of: (1) any new information concerning storage, processing, and disposal described in paragraph (3) of this subsection; and(2) any changes to information previously submitted or reported under subsection (a) of this section: (A) authorized in any permit issued by the commission; or(B) submitted or reported to the commission in any application filed with the commission.(3) Information concerning storage, processing, and disposal required to be submitted under this subsection includes and is not limited to: (B) waste management methods;(C) facility engineering plans and specifications; and(D) the geology where the facility is located.(4) A person who notifies the executive director under this section shall immediately document and notify the executive director within 90 days of changes in information previously provided and additional information that was not provided.(c) Generator registration. (1) Any person, by site, that generates in any calendar month more than 100 kilograms of non-acute hazardous waste, more than 1 kilogram of acute hazardous waste, or more than 100 kilograms of industrial Class 1 waste shall register in a method approved by the executive director.(2) Large quantity generators must meet the requirements of this subsection using the electronic interface provided by the executive director unless: (A) the executive director has granted a written request to use paper forms or an alternative notification method; or(B) the software does not have features capable of meeting the requirements.(3) Notifications submitted pursuant to this section shall be in addition to information provided in any permit applications required by § 335.2 of this title, or any reports required by § 335.9 of this title (relating to Recordkeeping and Annual Reporting Procedures Applicable to Generators), § 335.10 of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste), and § 335.13 of this title (relating to Recordkeeping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste).(4) If waste is recycled on-site or managed pursuant to §335.2(d)(1) - (4) or (6) - (9) of this title, the generator must also comply with the notification requirements specified in subsection (h) of this section.(5) The information submitted pursuant to the notification requirements of this subchapter and to the additional requirements of § 335.503 of this title (relating to Waste Classification and Waste Coding Required) shall include, but is not limited to: (A) a description of the waste including: (i) a description of the process generating the waste; and(ii) the composition of the waste;(B) a hazardous waste determination in accordance with § 335.504 of this title (relating to Hazardous Waste Determination), which includes the appropriate United States Environmental Protection Agency (EPA) hazardous waste number(s) described in 40 Code of Federal Regulations (CFR) Part 261;(C) the disposition of each solid waste generated, if subject to the notification requirement of this subsection, including:(i) whether the waste is managed on-site and/or off-site;(ii) a description of the type and use of each on-site waste management facility unit;(iii) a listing of the wastes managed in each unit; and(iv) whether each unit is permitted, or qualifies for an exemption, under § 335.2 of this title.(d) Transporter registration. Any person who transports hazardous waste or industrial Class 1 waste shall notify the executive director of such activity by registering using a method approved by the executive director. A person, by site, that generates in any calendar month less than 100 kilograms of non-acute hazardous waste, less than 1 kilogram of acute hazardous waste, and less than 100 kilograms of industrial Class 1 waste and only transports their own waste is not required to comply with this subsection.(e) Transfer facility registration. A person that intends to operate a transfer facility in accordance with § 335.94 of this title (relating to Transfer Facility Requirements) shall notify the executive director of such activity by registering using a method approved by the executive director.(f) Waste analysis. Any person who ships, stores, processes, or disposes of industrial solid waste or hazardous waste shall provide the chemical analysis of the solid waste performed in accordance with Subchapter R of this chapter (relating to Waste Classification) to the executive director upon written request.(g) Notification prior to facility expansion. Any person who stores, processes, or disposes of industrial solid waste or municipal hazardous waste shall notify the executive director in writing of any activity or facility expansion not authorized by permit, at least 90 days prior to conducting such activity. Such person shall submit to the executive director upon request such information as may reasonably be required to enable the executive director to determine whether such activity is compliant with this chapter.(h) Notification of recycling activities. Any person who intends to ship off-site or transfer to another person for recycling, or who conducts or intends to conduct the recycling of, industrial solid waste, municipal hazardous waste, recyclable materials, or nonhazardous recyclable materials as defined in § 335.24 of this title or Subchapter H of this chapter (relating to Standards for the Management of Specific Wastes and Specific Types of Facilities) and who is required to notify under § 335.24 of this title or Subchapter H of this chapter shall notify the executive director using a method approved by the executive director. (1) A person that is required to notify under this subsection shall include, at a minimum, the following information: (A) the type(s), classification(s), Texas waste code(s) and EPA hazardous waste number(s) described in 40 CFR Part 261 , if any, of each industrial solid waste and municipal hazardous waste intended to be recycled;(B) the method of storage prior to recycling; and(C) the nature of the recycling activity.(2) A person required to notify the executive director of the intent to recycle under this subsection may begin recycling activities 90 days after submitting notification of intent to recycle under this subsection if the executive director has not requested additional information in response to the notification or upon receipt of an acknowledgment from the executive director.(i) Notification of operating under the small quantity burner exemption. The owner or operator of a facility qualifying for the small quantity burner exemption under 40 CFR § 266.108 must provide a one-time signed, written notification to the EPA and to the executive director indicating the following:(1) the combustion unit is operating as a small quantity burner of hazardous waste;(2) the owner and operator are in compliance with the requirements of 40 CFR § 266.108, § 335.221(a)(19) of this title (relating to Applicability and Standards) and this subsection; and(3) the maximum quantity of hazardous waste that the facility may burn as provided by 40 CFR § 266.108(a)(1).(j) Notification of used oil activities. Notification and regulation requirements on nonhazardous used oil, oil made characteristically hazardous by use (instead of mixing), used oil generated by a very small quantity generator, and household used oil after collection that will be recycled shall notify in accordance with Chapter 324 of this title (relating to Used Oil).(k) Notification exemption for the disposal of animal carcasses. A landowner who disposes of domestic or exotic animal carcasses and who complies with a certified water quality management plan developed for their site under Texas Agriculture Code, § 201.026(f) as added by Acts 2001, 77th Legislature, Chapter 1189, §1 (relating to Nonpoint Source Pollution) is exempt from the notification requirements of subsections (a) and (b) of this section.(l) Healthcare facilities notification. A person required to notify the executive director under § 335.755 of this title (relating to Standards for Healthcare Facilities Managing Non-Creditable Hazardous Waste Pharmaceuticals) shall notify using a method approved by the executive director.(m) Reverse distributor registration. A person required to notify the executive director under § 335.771 of this title (relating to Standards for the Management of Potentially Creditable Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals by Reverse Distributors) shall register using a method approved by the executive director.30 Tex. Admin. Code § 335.6
The provisions of this §335.6 adopted to be effective May 29, 1986, 11 TexReg 2335; amended to be effective September 1, 1986, 11 TexReg 3692; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective July 29, 1992, 17 TexReg 5616; amended to be effective November 27, 1992, 17 TexReg 8010; amended to be effective May 12, 1993, 18 TexReg 2799; amended to be effective June 28, 1993, 18 TexReg 3814; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective May 30, 1995,20TexReg 3722; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective December 15, 1997, 22 TexReg 12060; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective July 31, 2008, 33 TexReg 5944; Adopted by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0337, eff. 2/3/2022