Rule Log No. 97140-330-WS
Repeal of: §§330.801-330.818, 330.820-330.824, 330.831-330.836, 330.838 and 330.840-330.889
Amendments to: §330.601
New: §§330.801-330.821
Date Adopted: June 17, 1998
Date Filed with the Secretary of State: June 17, 1998
Dated Published in the Texas Register: July 3, 1998
Date Effective: July 7, 1998
The Texas Natural Resource Conservation Commission (commission) adopts amendments to §330.601, relating to Purpose and Applicability; the repeal of §§330.801-330.818, 330.820-330.836, 330.838, and 330.840-330.889; and new §§330.801-330.821 in Subchapter R, concerning Management of Used or Scrap Tires. The amendment to §330.601 and new §§330.802-330.820 are adopted with changes to the proposed text published in the January 2, 1998, issue of the Texas Register (23 TexReg 64). New §330.801 and §330.821 and the repealed sections are adopted without changes and will not be republished.
EXPLANATION OF ADOPTED RULES The purposes of the adopted amendments, repeals and new sections are to address the sunset provisions of Texas Health and Safety Code Chapter 361, Subchapter P, address the requirements of existing statutory language which does not contain a sunset provision, and streamline certain requirements of the previous rules. In most areas of the adopted new sections, rule language from the previously existing sections has been streamlined, clarified, and/or reformatted. In other areas, new requirements are adopted.
Chapter 361, Subchapter P of the Texas Health and Safety Code contained a provision for the Waste Tire Recycling Fund (WTRF) reimbursement program to sunset December 31, 1997. Subchapter P established the WTRF and the reimbursement program for processors to collect, shred, and recycle used or scrap tires. Under the sunset provisions, all references to the reimbursement program, including end-use requirements, and the WTRF have been deleted. The adopted rules no longer contain the 90-day limit for generators to remove whole tires from storage. Generators who store more than 500 used or scrap tires are still required to register with the commission. Other adopted changes concerning generator requirements include removal of the requirement to accept used tires, removal of the restriction from accepting money for tires, removal of the requirement to remove tires from rims, removal of the differentiation between large and regular volume generators, and removal of the restriction that generators can only store their own tires. For transporters, the registration fee is removed, the exemption from registration is expanded to include generators hauling their own tires and to include governmental transport vehicles, and the prohibition from charging a fee to haul tires is deleted. For storage facilities, an exemption from registration as a storage site is adopted for generators who process and/or store 500 or fewer used or scrap tires on the ground or 2,000 or fewer in enclosed containers; the registration and design requirements for a scrap tire storage site have been reorganized but are essentially unchanged from the current rules; requirements are added for land reclamation projects using tires (LRPUT); the training requirements for employees transporting or handling tires and for transporters who deliver tires to the storage facility have been removed; and notice to local governments is required. Concerning scrap tire facilities, the adoption includes processing, recycling, and energy recovery facilities under this designation; requires a scrap tire storage site registration for certain processors and for facilities storing more than a 30-day supply of tires; reduces the frequency of reporting to an annual report; and removes the $500 registration fee. Concerning the Special Authorization Priority Enforcement List (SAPEL) and the Priority Enforcement List (PEL) program, the adoption has removed the 2,500,000 tire "trigger" for issuing contracts to procure cleanups for the removal of tires from PEL sites, and has removed the previous rule language concerning assignment of PEL sites on an individual basis to waste tire facilities, in favor of a competitively-bid contract process. Concerning closure costs estimates and financial assurance, the per-tire formula is deleted, the written estimate of closure costs is to be calculated based on actual estimates for third-party closure, and financial assurance sections are being adopted under Chapter 37 of this title (relating to Financial Assurance).
Also due to the sunset provisions of Texas Health and Safety Code Chapter 361, Subchapter P, the following previously existing sections are repealed: §330.804, concerning the use of tire shreds in landfills; §§330.820-330.829, concerning WTRF allocation method, model, notification, fiscal audits, overpayment from the WTRF, and WTRF program reviews; §330.838, concerning requirements for a Type VIII-W.T. waste tire storage facility; §330.842, concerning waste tire facility classification and operational requirements such as shredding; §330.848, concerning eligibility for the WTRF program; §330.850, concerning requirements for waste tire recycling facilities; §330.853 and §330.854, concerning requirements and funding for waste tire energy recovery facilities; §330.856 and §330.857, concerning requirements for waste tire transfer stations and collection centers; §330.864, concerning ranking of illegal waste tire sites; §330.871 and §330.872, concerning the WTRF; and §§330.874-330.884, concerning WTRF grants, confidentiality, WTRF reimbursement and transfer of funds, special authorization tires, community service, executive director's regional site directive and protests thereof, formal petitions and hearings, and end use credit system.
Rule Log No. 97153-330-WS
Litter Disposal or Storage
Amendment to: §330.4
New: §330.26
Date Adopted: June 3, 1998
Date Filed with the Secretary of State: June 8, 1998
Date Published in the Texas Register: June 19, 1998
Effective Date: June 29, 1998
The Texas Natural Resource Conservation Commission (commission) adopts amendments to §330.4, and new §330.26, concerning municipal solid waste management. Section 330.4 is adopted with changes to the proposed text as published in the March 6, 1998, issue of the Texas Register (23 TexReg 2253). Section 330.26 is adopted without changes to the proposed text as published and will not be republished.
EXPLANATION OF ADOPTED RULE These adopted sections are based on legislation passed by the 75th Texas Legislature in 1997. The purpose of these rules is to establish additional general rules for the storage and disposal of litter generated and disposed of on an individual's property. The statutory basis for the rules is found in House Bill (HB) 717, 75th Legislature, which amended the Texas Health and Safety Code, Chapter 365, the Texas Litter Abatement Act, §365.011 and §365.012; Senate Bill (SB) 1782, 75th Legislature, which amended the Texas Health and Safety Code, Chapter 361, the Solid Waste Disposal Act, §361.116; and the Texas Health and Safety Code, Chapter 361, the Solid Waste Disposal Act, §361.011. HB 717 directs the commission to establish rules to regulate temporary storage for future disposal of litter or other solid waste by a person on land owned by the person or the person's agent. These rules establish a permit exemption in new §330.4(v) following the directive from HB 717 that a landowner may dispose of litter or other solid waste on his own land without commission authorization if the litter or other solid waste is generated and disposed of on land the individual owns, and the disposal is not for commercial purposes. Commercial purpose as quoted from the Texas Litter Abatement Act means the purpose of economic gain. Additionally, these rules follow direction from SB 1782 by adding a permit exemption to new §330.4(w) regarding the disposal of animal carcasses for roadway maintenance. New §330.26 establishes rules regulating the temporary storage for future disposal of litter or other solid waste as required by HB 717. New §330.26 simply requires waste from this source to be stored in the normal manner currently established in existing §330.22 for similar wastes.
Rule Log No. 97162-330-WS
Amendment to: §330.2
Date Adopted: March 4, 1998
Date Filed with the Secretary of State: March 5, 1998
Date Published in the Texas Register: March 20, 1998
Date Effective: March 25, 1998
New Definition of Medical Waste:
Medical waste - Waste generated by health-care-related facilities and associated with health-care activities, not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. The term includes special waste from health care-related facilities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC §1.132 (relating to Definition, Treatment, and Disposition of Special Waste from Health-Care Related Facilities). The term does not include medical waste produced on farmland and ranchland as defined in Agriculture Code §252.001(6) (relating to Definitions - Farmland or ranchland), nor does the term include artificial, nonhuman materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants.
Rule Log No. 97169-330-WS
Amendments to: §330.1181 and §330.1183
Date Adopted: December 3, 1997
Date Filed with the Secretary of State: December 5, 1997
Date Published in the Texas Register: December 19, 1997
Date Effective: December 29, 1997
Changes to Definitions and Storage of Used Oil Filters
Rule Log No. 96170-050-AD
Amendments to: §330.70 and §330.802
Date Adopted: April 16, 1997
Date Filed with the Secretary of State: April 24, 1997
Date Published in the Texas Register: May 6, 1997
Date Effective: May 15, 1997
§330.70 Registration of facilities that recover gas for beneficial use
§330.802 Applicability to Management of Used or Srap Tires
New: §§330.71-330.73
Amendment to: §330.4
Date Adopted: February 5, 1997
Date Filed with the Secretary of State: February 10, 1997
Date Effective: March 3, 1997
§330.71. Permit Procedures: Registration for Municipal Solid Waste Facilities that Process Grease Trap Waste, Grit Trap Waste, or Septage.
§330.72. Permit Procedures: Registration for Mobile Liquid Waste Processing Units.
§330.73. Permit Procedures: Registration of Demonstration Projects for Liquid Waste Processing Facilities.
§330.4. General Information: Permit Required.
Amendment to: §330.601
Date Adopted: January 22, 1997
Date Filed with the Secretary of State: January 24, 1997
Date Effective: February 14, 1997
§330.601. Fees and Reporting: Purpose and Applicability.
New: §§330.401-330.419
Date Adopted: November 6, 1996
Date Filed with the Secretary of State: November 12, 1996
Date Effective: December 3, 1996
Requirements for Landfill Mining
Rule Log No. 96170-050-AD
Amendment to: §312.13
Date Adopted: April 16, 1997
Date Filed with the Secretary of State: April 24, 1997
Date Published in the Texas Register: May 6, 1997
Date Effective: May 15, 1997
§312.13. Actions and Notice.
Amendment to: §312.143
Date Adopted: February 5, 1997
Date Filed with the Secretary of State: February 10, 1997
Date Effective: March 3, 1997
§312.143. Transporters - Delivery Requirement and Full Pump-out Requirement.
Amendment to: §312.9
Date Adopted: January 22, 1997
Date Filed with the Secretary of State: January 24, 1997
Date Effective: February 14, 1997
§312.9. Sludge Fee Program
10. Composting
Amendment to: §332.35
Date Adopted: April 16, 1996
Date Filed with the Secretary of State: April 24, 1997
Date Published in the Texas Register: May 6, 1997
Date Effective: May 15, 1997
§332.35. Registration Application Processing.
Amendment to: §332.47
Date Adopted: December 4, 1996
Date Filed with the Secretary of State: December 9, 1996
Date Effective: December 30, 1996
§332.47. Permit Application Preparation.
11. Used Oil
Rule Log No. 97141-324-WS
Used Oil Recycling
Repeal of: §§324.17-324.20
New: §324.22
Amendments to §§324.4 and 324.11-324-14
Date Adopted: February 18, 1998
Date Filed with the Secretary of State: February 25, 1998
Dated Published in the Texas Register: March 13, 1998
Date Effective: March 17, 1998
§324.22. Financial Responsibility Technical Requirements
§324.4. Prohibitions.
§324.11. Transporters and Transfer Facilities.
§324.12. Processors and Rerefiners.
§324.13. Burners of Off-specialization Used Oil for Energy Recovery.
§324.14. Marketers of Used Oil Fuel.
97174-335-WS
These rule changes will add criteria by which a nonhazardous waste which is to be recycled via land application can fall out of regulation as a waste. [Sections 335.1, 335.6, 335.17, 335.18, 335.19, 335.24/Chapter 335] (R. Austin/239-4641].
97175-330-WS
The rule amendments will implement new federal criteria pertaining to location restrictions and ground-water monitoring and corrective action requirements for construction-demolition landfills and other industrial nonhazardous waste land disposal facilities that may receive hazardous wastes from conditionally-exempt small quantity generators. [Sections 330.51, 330.56, 330.117, 330.135, 330.136, 330.200, 330.230, 330.231, 330.233, 330.234, 330.235, 330.237, 330.239, 330.254, 330.301, 330.302, 335.1, 335.2, 335.15, 335.201, and 335.204/Chapters 330 and 335](H. Mendieta/239-6694).
97185-330-WS
This rulemaking will delete an expired provision which provided a reduction in waste disposal fees for use of tire shreds in landfills, and will clarify the method of reporting waste received for disposal or processing at a landfill or processing facility as a basis for accurately calculating the amount of waste disposal fees owed. [Sections 330.601-330.603/Chapter 330](H. Mendieta/239-6694).
97186-305-WS
The rule amendments will implement the permit modification process for municipal solid waste facilities regulated by the Commission. Adoption of the proposed rule amendments would allow for a more expeditious processing of municipal solid waste permit modifications, update the program to current municipal solid waste industry practices, and provide for more public input into the process.[Section 305.70/Chapter 305](J. Forehand/239-6676).
98010-330-WS
The rule will address MSW transfer station registration and operational criteria to clarify that a transfer station may be established by a registration if located within the permitted boundaries of either a Type IV or Type I landfill, provide for more stringent odor control, ensure that registration is issued before construction begins, provide for public notice,and provide for a motion for reconsideration. [Sections 330.4(d)(4), 330.65/Chapter 330](W. Lee/239-6815).
98040-324-WS
This rulemaking will open Chapter 324 for the rule review process required by House Bill 1, General Appropriations Act. [Chapter 324](H. Reynolds/239-6825).
98042-330-WS Comm/Industrial Nonhaz Waste Landfills
The proposed rules will establish design and operating standards for the management, control, and disposal of nonhazardous solid waste in Commercial Industrial Nonhazardous Waste Landfill units at municipal and industrial waste landfills. These rules will amend 30 TAC Chapter 330, relating to municipal landfills, to incorporate specific standards for the disposal of industrial nonhazardous waste within the permit boundary of a municipal or industrial nonhazardous waste landfill. The proposed rules will also allow permit holders of existing facilities authorized to accept Class I nonhazardous industrial wastes to make changes to comply with the provisions of the proposed rules as a minor amendment (305.62(c)(2)) or a Class I permit modification (305.70).[Sections 305.62, 305.70, 330.2-330.4, 330.41, and 330.111-330.139/Chapters 305 and 330](J. Forehand/239-6676).
98048-323-WT Repeal of Chapter 323
Staff is proposing the repeal of Chapter 323, relating to Waste Disposal Approval. The chapter required the development of a rating system for evaluating waste disposal facilities. The statutory authority under which this chapter was promulgated (Texas WaterCode Section 5.131 and Section 5.132) no longer exists. [Chapter 323](L. Herrin/239-4552).
98051-037-AD Financial Assurance Rule Consolidation
The financial assurance regulations provide financial requirements for a permitted, licensed, or registered owner/operator facility in Texas in order to reduce or eliminate the use of federal and state funds in closing & cleaning a facility. The rules also include acceptable mechanisms for demonstrating financial responsibility. The purpose of the proposed rule is to consolidate current financial assurance requirements into one chapter.A rule review will be conducted simultaneously with this rulemaking. (Chapter 37, Subchapter a-V, Chapters 305, 330, 331, 335, 336)[M. Lingo/239-6757].
C. Update of Local Plans, Policies, Ordinances, or Agreements Affecting Solid Waste Management
ETCOG is not aware of any significant changes to this item.