1. Exemptions From Industrial and Hazardous Waste Permitting Requirements
Chris Shaw, P.E.
Industrial and Hazardous Waste Permits Section
May 15, 2018
Slide 1
Conditions for Exemption From the Industrial and Hazardous Waste Permitting Process.
Presented by Chris Shaw, P.E., Industrial and Hazardous Waste Permits Section.

2. Regulations for Management of Industrial and Hazardous Waste
Federal
40 Code of Federal Regulations (CFR) Parts
State
30 Texas Administrative Code (TAC)
Chapter
Slide 2 <Alt Text – graphic on theme back ground is of a room of file boxes>
40 Code of Federal Regulations, or CFR, Parts
30 Texas Administrative Code, or TAC, Chapter 335.
The Texas Administrative Code has adopted most of what is in the Code of Federal Regulations.
Easiest way to access a regulation is by using GOOGLE.com (e.g. search for 30 TAC 335).
The CFR is located here:
The 30 TAC is located here:

3. Exclusions and Exemptions
Not All Waste Management Activities and/or Facilities Need a Permit
Slide 3
Exclusions and Exemptions
Not All Waste Management Activities and/or Facilities Need a Permit.
Only approximately 1% of hazardous waste generators in Texas are permitted.

4. Definitions, Exclusions, and Exemptions
Solid waste (40 CFR §261.2)
Hazardous waste (40 CFR §261.3)
Exclusions from definition of solid waste (40 CFR §261.4)
Slide 4
You need to know what type of waste is being managed.
Are Solid Wastes and/or Hazardous Wastes being Managed?
Definition of a Solid Waste.
40 CFR, Part 261.2
Definition of a Hazardous Waste.
40 CFR, Part 261.3
Exclusion from definition of solid waste.
40 CFR, Part 261.4
which are exclusions applying to materials.

5. Exemptions From the Requirements For a Permit
Applies to specific:
Waste management activities
Waste management units
Waste management facilities
Slide 5
Exemptions from the Requirements for a Permit.
Exemptions that apply to a specific type of waste management activity.
Exemptions that apply to a specific type of waste management unit.
Exemptions that apply to a specific type of waste management facility.
If you are exempt you will not need a hazardous waste permit.
You may still need to register with the TCEQ.
Registration and Permitting are different!

6. Exemptions that Apply to a Specific Type of Waste Management Activity
Conditionally Exempt Small Quantity
Generators (CESQGs)
Small Quantity Generators (SQGs)
Satellite storage
On-site storage treatment and disposal of non-hazardous waste
Universal waste
Slide 6
Exemptions that apply to a specific type of waste management activity.
Conditionally exempt small quantity generator (CESQGs).
Small quantity generator (SQGs).
Satellite Storage.
On-site storage, treatment and disposal of non-hazardous waste.
Universal Waste.

7. Exemptions that Apply to a Specific Type of Waste Management Activity (continued)
Emergency response clean-up
Treatability studies
Farmers disposing of pesticides
Adding absorbent material to a
container
Slide 7
Exemptions that apply to a specific type of waste management activity (continued).
Emergency response clean-up.
Treatability studies.
Farmers disposing of pesticides.
Adding absorbent material to a container.

8. Conditionally Exempt Small Quantity Generator (CESQG)
≤ 100 kgs hazardous waste/month
≤ 1 kg acutely hazardous waste/month
≤ 1000 kgs total in storage
Slide 8
Conditionally Exempt Small Quantity Generator, or CESQG:
Generates up to 100 kilograms hazardous waste per month
Generates up to 1 kilogram acutely hazardous waste per month
Allowed up to 1000 kilograms total in storage
Do not need to register with the agency. Wastes may go to a permitted Municipal Waste Landfill (similar to household hazardous waste), no manifests, no reporting of waste volumes. Some on-site storage allowed.

9. Conditionally Exempt Small Quantity Generator
CESQG hazardous wastes not subject to regulation or RCRA notification requirements
30 TAC 335.2(e)
Slide 9
Conditionally Exempt Small Quantity Generators, or CESQGs.
CESQG hazardous wastes are not subject to regulation or RCRA notification requirements
30 TAC Chapter 335.2(e) – Permit Required
RCRA – Resource Conservation and Recovery Act
Common question about CESQGs, “What happens if I go over the 100 kg in a month due to a clean-up or turnaround of the facility?”
Use a TCEQ form to report one time shipment, obtain a temporary Solid Waste Registration Number from Registration and Reporting, complete a Manifest, must transport by registered/licensed carrier of hazardous waste, waste must go to hazardous waste storage/treatment/disposal site, Facility becomes a Small Quantity Generator until they show that this was a one time event. (roughly 3 months of non-reportable quantities). At end of year subject to Annual Reporting. May occur at a later time as well? -- same procedure.

10. Small Quantity Generator (SQG)
kgs hazardous waste/month
Storage up to 180 days
Storage up to 270 days if disposal
facility > 200 miles away
Slide 10
Small Quantity Generator, or SQG:
kilograms hazardous waste per month
May store waste up to 180 days,
If Small Quantity Generator will ship to disposal facility greater than 200 miles away, then allowed 270 days storage
Need to register with the agency.
Handbook for Small Quantity Generators is located here:

11. Small Quantity Generator (continued)
Storage ≤ 6,000 kg of hazardous waste at any given time – Any more than this and the SQG will be required to have an interim status or a permit for storage (become subject to RCRA permitting requirements)
Also, see less than 90 day storage
Slide 11
Small Quantity Generator, or SQG:
If a SQG stores more than 6000 kilograms of hazardous waste on-site, they become subject to RCRA permitting requirements, if the SQG violates the storage limit they or they have to meet LQG requirements

12. Small Quantity Generator Requirements
Training plan not required
Ensure employees are familiar with
waste and its management
Record-keeping required for 3 years
Must have emergency coordinator,
emergency response plan, and post
emergency information
Slide 12
Small Quantity Generator, or SQG:
A training plan is not required, but SQG must ensure that employees are familiar with the waste and its management.
Record-keeping is still required, such as copies of Manifests, copies of Biennial Report and Exception Report for three years.

13. Small Quantity Generator Regulations
30 TAC (f), (g) and (h)
Slide 13
Small Quantity Generators, or SQGs.
30 TAC Chapter (f), (g) and (h) – Accumulation Time

14. Satellite Storage
May accumulate ≤ 55 gallons of hazardous waste (or 1 quart of acutely hazardous waste) in container at or near the point of generation
Any amount of waste > 55 gallons must be removed within 3 days
Excess amount must be labeled and dated
Slide 14
Satellite Storage:
May accumulate as much as 55 gallons of hazardous waste (or 1 quart of acutely hazardous waste) in container at or near point of generation where wastes initially accumulate.
Any amount of waste in excess of 55 gallons must be removed within three days.
Excess amount must be labeled and dated.
For more information see the following:

15. Satellite Storage Example: Slide 15
This is a picture of what a satellite storage area may look like. Please note the drum is covered.

16. Satellite Storage Regulations
30 TAC (d) and (e)
Slide 16
Satellite Storage regulations:
30 TAC Chapter (d) and (e) – Accumulation Time

17. On-Site Treatment, Storage, and Disposal (TSD) of Non-Hazardous Industrial Solid Waste
No permit required
30 TAC 335.2(d)(1) and (2)
Disposal and/or processing site must be located within 50 miles of the plant or operation
Slide 17
On-Site Storage, Treatment and Disposal, or TSD, of Industrial Solid Waste, Non-Hazardous.
No permit required.
Regulations are in 30 TAC Chapter 335.2(d)(1) and (2) – Permit Required.
Disposal and/or processing site must be located within 50 miles of the plant or operation.

18. Universal Waste Banned Pesticides Hazardous Waste Lamps
Mercury Containing Equipment
Batteries
Paint and Paint-Related Wastes
Slide 18
Universal Waste.
Includes:
Banned Pesticides
Hazardous Waste Lamps
Mercury Containing Equipment
Batteries
Paint and Paint-Related Wastes

19. Universal Waste (continued)
No permit required for handlers or
transporters
30 TAC 335.2(l)
40 CFR 273
Slide 19
Universal Waste.
No permit required for handlers or transporters
Regulations are in:
30 TAC 335.2(l) – Permit Required
40 CFR 273 –Standards for Universal Waste Management
Texas Universal waste regulation are different than other states (e.g. paint and paint related waste).

20. Emergency Response Cleanup
Immediate response to hazardous
waste discharge
40 CFR.264.1(g)(8)
30 TAC (d)(2)
Slide 20
Emergency Response Cleanup.
Immediate response to hazardous waste discharge.
Regulations are in:
40 CFR Part 264.1(g)(8) – Purpose, scope, and applicability of standards for TSDFs.
30 TAC Chapter (d)(2) – Purpose, scope, and applicability of hazardous waste management general provisions.

21. Treatability Studies Labs and testing facilities
40 CFR 261.4(e) and (f)
30 TAC 335.2(g)
Slide 21
Treatability Studies.
Applies to laboratories and testing facilities.
Hazardous wastes are subject to 40 CFR 261.4(e) and (f) and 30 TAC Chapter 335.2(g)
which provide allowable quantities for study samples and describes what must be done with those samples in order for the exemption to remain valid.
Hazardous Waste Amount Limits
For each process being evaluated for each generated waste stream:
10,000 kg of media contaminated with non-acute hazardous waste
1,000 kg of non-acute hazardous waste other than contaminated media
1 kg of acute hazardous waste
2,500 kg of media contaminated with acute hazardous waste

22. Farmers Disposing of Pesticides
From farmer’s own use
Triple rinse container
Follow disposal instructions on label
40 CFR 264.1(g)(4)
40 CFR
30 TAC (d)(4)
30 TAC
Slide 22
Farmers Disposing of Pesticides.
From farmer’s own use
Triple rinse container
Follow disposal instructions on label
Regulations are at:
40 CFR Part 264.1(g)(4)
40 CFR
30 TAC Chapter (d)(4)
30 TAC Chapter

23. Use of Absorbent Material in a Container
Must be conducted in a container
Order does not matter (addition of absorbent to waste or addition of waste to absorbent)
Addition of absorbent material occurs at time waste first placed in container
40 CFR 264.1(g)(10)
40 CFR (b), ,
30 TAC (d)(3)
Slide 23
Addition of Absorbent Material in a Container.
Only applies to containerized waste.
Order does not matter, adding waste to absorbent or vice versa.
Absorbent must be added at the same time the waste is placed in container.
Regulations are at:
40 CFR Part 264.1(g)(10)
40 CFR (b), ,
30 TAC Chapter (d)(3)

24. Use of Absorbent Material in a Container
For Example:
Slide 24
Absorbent image obtained from:

25. Exemptions for Specific Types of Waste Management Units
Less than 90-day storage and treatment units
Wastewater Treatment Units (WWTUs)
Recycling Units
Totally enclosed treatment units
Elementary neutralization units
Slide 25
Exemptions that apply to a specific type of waste management unit:
Less than 90-day storage and treatment units
Wastewater Treatment Units (WWTUs)
Recycling Units
Totally enclosed treatment units
Elementary neutralization units

26. Less than 90-day Storage
Containers, tanks, drip pads and containment buildings
Secondary containment required for tanks, not for containers
Air emissions requirements apply
Record-keeping requirements
Other requirements
Slide 26
Less than 90-day Storage:
Containers, tanks, drip pads and containment buildings.
Secondary containment required for tanks, not for containers.
Air emissions requirements apply.
Record-keeping requirements.
Other requirements including a description of waste removal procedures, documentation of waste removal, documentation that the unit is emptied at least once every 90 days, and in the case of containment buildings – place a copy of the PE certification in the operating record that the building meets design standards before using that building.
Containers, 30 TAC (a)(1)(A)
-Waste management activity must be conducted in containers
-The generator complies with the applicable requirements of 40 CFR 265
Tanks, 30 TAC (a)(1)(B)
-Waste management activity must be conducted in tanks
-The generator complies with the applicable requirements of 40 CFR 265 (e.g. tank design standards, etc)
Drip Pads, 30 TAC (a)(1)(C)
-Waste management activity must be conducted on drip pads
-The generator complies with (a)(18) and maintains the following records at the facility:
-Procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days
-Documentation of each waste removal
Containment Buildings, 30 TAC (a)(1)(D)
-The waste is placed in containment buildings and the generator complies with 40 CFR 265 and the containment buildings meet the requirements of 30 TAC (Accumulation Time). The owner or operator shall also maintain the following records at the facility: -Professional engineer certification that the building complies with the design standards in the facility operating record prior to operation of the unit -Procedures to ensure that each waste volume remains in the unit for no more than 90 days, -Description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90-day limit, -Documentation that the procedures are complied with; and -Documentation that the unit is emptied at least once every 90 days

27. Less than 90-day Storage 30 TAC 335.69 40 CFR 264.1(g)(3) Slide 27
Less than 90 day Storage regulations are at:
30 TAC Chapter
40 CFR Part 264.1(g)(3)
Containers, 30 TAC (a)(1)(A)
-Waste management activity must be conducted in containers
-The generator complies with the applicable requirements of 40 CFR 265
Tanks, 30 TAC (a)(1)(B)
-Waste management activity must be conducted in tanks
-The generator complies with the applicable requirements of 40 CFR 265 (e.g. tank design standards, etc)
Drip Pads, 30 TAC (a)(1)(C)
-Waste management activity must be conducted on drip pads
-The generator complies with (a)(18) and maintains the following records at the facility:
-Procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days
-Documentation of each waste removal
Containment Buildings, 30 TAC (a)(1)(D)
-The waste is placed in containment buildings and the generator complies with 40 CFR 265 and the containment buildings meet the requirements of 30 TAC (Accumulation Time). The owner or operator shall also maintain the following records at the facility:
-Professional engineer certification that the building complies with the design standards in the facility operating record prior to operation of the unit
-Procedures to ensure that each waste volume remains in the unit for no more than 90 days,
-Description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90-day limit,
-Documentation that the procedures are complied with; or
-Documentation that the unit is emptied at least once every 90 days
Please note this is for on-site wastes only, does not apply for wastes from off-site.

28. Less than 90-day Storage in Flow-Through Tanks
Owner/ operator must demonstrate that total operating volume of tank is replaced every 90 days or less
A Memorandum On Flow-Through Tanks is available from the TCEQ
Slide 28
Less than 90-day storage in flow-through tanks:
Owner/operator must demonstrate that total operating volume of tank is replaced every 90 days or less.
Available TCEQ Memo detailing the exemption for flow-through tanks, dated March 29, The memo title is “90-Day “Accumulation Time” Hazardous Waste Exemption: Flow-Through, Mass Balance, Intermittent Input, and Emptying or “Draw-Down” Considerations”.

29. Less than 90-day Treatment in Tanks or Containers
30 TAC (a)
Slide 29
Less than 90-day treatment in tanks or containers.
Regulations are at:
30 TAC Chapter (a)

30. Wastewater Treatment Unit (WWTU)
Discharge to a Publicly Owned Treatment Works (POTW) or according to Texas Pollutant Discharge Elimination System (TPDES) under the Clean Water Act
40 CFR 264.1(g)(6), (b)
30 TAC (d)(5) - (8)
30 TAC 335.2(d)(6) - (9)
Slide 30
Wastewater Treatment Unit, or WWTU
Discharge to POTW or according to TPDES under Clean Water Act
Regulations are at:
40 CFR Part 264.1(g)(6)
30 TAC Chapter (d)(5) – (8)
30 TAC Chapter 335.2(d)(6) – (9) – Permit Required
D001 wastes, which are ignitable, and D003 wastes, which are reactive – dilution in WWTU before land disposal must comply with (b)
WWTU are regulated under the Clean Water Act, exemption prevents dual regulation with RCRA.

31. Wastewater Treatment Unit
As of June 1, 2006 a facility that accepts industrial wastewaters on a commercial basis and discharges from that process into a POTW is required to obtain a permit (also known as a SB 1281 permit).
Slide 31
Wastewater Treatment Unit
As of June 1, 2006 a facility that accepts industrial wastewaters on a commercial basis and discharges from that process into a POTW is required to obtain a permit (also known as a SB 1281 permit).

32. Recycling Use, re-use, or reclaim 30 TAC 335.24
40 CFR 261.6(a)(2) and (3)
Storage for more than 24 hours before recycling requires a permit
Slide 32
Recycling:
Use, re-use or reclaim.
Under 30 TAC Chapter , a permit is not required for the management of industrial recyclable materials described in this regulation.
Under 40 CFR Part 261.6(a)(2) and (3)
The permitting exemption is for the recycling operation itself and not for the storage or disposal of the wastes.
Storage for more than 24 hours before recycling will require a permit.

33. Totally Enclosed Treatment Facilities
No permit required for owner/ operator
40 CFR 264.1(g)(5)
30 TAC (b)
Slide 33
Totally Enclosed Treatment Facilities.
No permit required for owner/operator
Regulations are at:
40 CFR Part 264.1(g)(5)
30 TAC Chapter (b)
Though the nomenclature for this unit includes the word “facility”, it is actually considered to be a “unit”.

34. Elementary Neutralization Unit
Waste must be D002 (corrosive) only
40 CFR 264.1(g)(6), (b)
30 TAC (d)(1)
Slide 34
Elementary Neutralization Units (ENUs).
A waste management unit that is used for neutralizing wastes that are hazardous only because they are corrosive (D002 wastes).
Regulations are at:
40 CFR Part 264.1(g)(6), (b)
30 TAC Chapter (d)(1)

35. Exemptions for Specific Types of Waste Management Facilities
Superfund sites
Transfer facilities
Facilities that accept waste from CESQGs
Publicly Owned Treatment Works (POTWs)
Slide 35
Exemptions that apply to a specific type of waste management facility.
Superfund site.
Transfer facility.
Facilities that accept waste from CESQGs.
Publicly owned treatment units, or POTWs.

36. Transfer Facilities (Less than 10 days)
Temporary storage for waste in transit
Manifest, container requirements apply
May bulk/consolidate shipments
40 CFR 264.1(g)(9)
30 TAC
30 TAC 335.2(d)(5)
Slide 36
Transfer Facilities (Less than 10-days).
Temporary storage for waste in transit
Manifest, container requirements apply
May bulk or consolidate shipments
Regulations are at:
40 CFR part 264.1(g)(9)
30 TAC Chapter
30 TAC Chapter 335.2(d)(5)
Note: A transfer facility is not a satellite storage facility, it is a legitimate transfer facility if it is used for temporary storage for waste which is in transit.

37. Superfund Sites
Comprehensive Environmental Response Compensation and Liability Act
Slide 37
Superfund Sites.
CERCLA – Comprehensive Environmental Response Compensation and Liability Act
No RCRA permit needed for Superfund on-site cleanup activities.
For Example see: RSR Dallas Superfund Site (

38. Municipal and Solid Waste Disposal Facilities that Manage Only Hazardous Waste from CESQGs
Do not need a Hazardous Waste Permit
Will need their MSW Permit
40 CFR 264.1(g)(1)
30 TAC 335.2(e)
Slide 38
Municipal and Solid Waste Disposal facilities that Manage Only Hazardous Waste from Conditionally Exempt Small Quantity Generators, or CESQGs.
Do not need a Hazardous Waste Permit.
Will need an MSW permit.
Regulations are at:
40 CFR Part 264.1(g)(1)
30 TAC Chapter 335.2(e)

39. Publicly Owned Treatment Works (POTWs)
No permit required for owner/ operator of POTW that processes, stores or disposes of hazardous waste
Typically use acceptance criteria agreements
40 CFR 264.1(e)
30 TAC (c)
Slide 39
Publicly Owned Treatment Works(POTWs).
No permit required for owner/operator of POTW that processes, stores or disposes of hazardous waste.
Regulations are at:
40 CFR Part 264.1(e)
30 TAC Chapter (c)
Please note that, in accordance with Senate Bill 1281 passed during the 79th Legislative Session, a commercial industrial solid waste facility discharging into a Publicly Owned Treatment Works is required to obtain a permit as of June 1, 2006.

40. More Information? Contact the I&HW Permits Section at: (512) 239-2335
More Information?
Contact the I&HW Permits Section at:
(512) (phone)
( )
Note: is the new extension for TCEQ addresses

41. Useful Agency Links: TCEQ Home Page: http://www.tceq.texas.gov/
Has links to 30 TAC Rules and Federal sites
I & HW Permitting Home Page: ml
Slide 41
Useful Agency Links:
TCEQ Home Page:
TCEQ Home Page has links to State 30 TAC Rules, Federal 40 CFR Rules, and other Federal sites
I&HW Permitting Home Page:

42. Sign Up for GovDelivery
[Pictures of the first and second pages of the Spring 2017 I&HW Quarterly Highlights.]
Receive the I&HW Quarterly update, and notification of IHW forms, rule, guidance, and procedure updates:
v/permitting/waste_permi ts/ihw_permits/signupihw
Sign Up for GovDelivery
Receive the I&HW Quarterly update, and notification of IHW forms, rule, guidance, and procedure updates:
[Pictures of the first and second pages of the Spring 2017 I&HW Quarterly Highlights.]
There is possibility for adding subgroups to the listserv (for example, rulemaking or combustion groups).

43. Questions?
Chris Shaw Waste Permits Division (512)
Slide 42
Contact information for presenter:
Chris Shaw
Waste Permits Division
(512)
Will Wyman
(512)