Texas Register, Volume 8, Number 4, Pages 131-202, January 14, 1983 Page: 145
131 - 202 v. ; 28 cm.View a full description of this periodical.
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in the manufacturing process. For purposes of this sub-
paragraph, de mininus losses include those from normal
material handling operations (e.g., spills from the unload-
ing or transfer of materials from bins or other containers
and leaks from pipes, valves, or other devices used to
transfer materials); minor leaks of process equipment,
storage tanks, or containers; leaks from well-maintained
pump packings and seals; sample purgings; relief device
discharges; discharges from safety showers and rinsing
and cleaning of personal safety equipment; and rinsate
from empty containers or from containers that are ren-
dered empty by that rinsing; or
(v) wastewater resulting from laboratory
operations containing toxic (T) wastes listed in 40 Code
of Federal Regulations Part 261, Subpart D, provided that
the annualized average flow of laboratory wastewater
does not exceed 1.0% of total wastewater flow into the
headworks of the facility's wastewater treatment or
pretreatment system, or provided the wastes' combined
annualized average concentration does not exceed one
part per million in the headworks of the facility's
wastewater treatment or pretreatment facility. Toxic (T)
wastes used in laboratories that are demonstrated not to
be discharged to wastewater are not to be included in this
calculation.
(6) Any quantity of waste residue remaining in
a container or an inner liner removed from a container
which exceeds the allowable level or quantity for an empty
container or liner. (See exceptions under subsection (d)
of this section for an explanation of allowable residue
level or quantity which qualifies a container or liner to
be considered empty.) Unless the residue in a container
or inner liner is being beneficially used or reused, or
legitimately recycled or reclaimed; or is being accumu-
lated, stored, transported, or treated prior to such use,
reuse, recycling, or reclamation, the residue shall be con-
sidered for discard and thus a hazardous waste. An exam-
ple of a legitimate reuse of the residue would be where
the residue remains in the container and the container is
used to hold the same commercial chemical product or
manufacturing chemical intermediate it previously held.
An example of the discard of the residue would be where
a drum (container) is sent to a reconditioner who recon-
ditions the drum but discards the residue.
(c) Exclusions. The following materials are not sub-
ject to regulation under this subchapter.
(1) Materials which are not solid wastes. For pur-
poses of these regulations, the following listed materials
are not solid wastes and, therefore, do not fall within
325.272 of this title (relating to Definitions of Terms and
Abbreviations); e.g., a waste must first be a solid waste
before it can be a hazardous waste:
(A) domestic sewage; i.e., untreated sanitary
wastes that pass through a sewer system;
(B) any mixture of domestic sewage and other
wastes that passes through a sewer system to a wastewater
treatment plant for treatment;
(C) industrial wastewater discharges that are
point source discharges subject to regulation under 402
of the Clean Water Act, as amended (This exclusion ap-
plies only to the actual point source discharge. It does
not include industrial wastewaters while they are being
collected, stored, or treated before discharge nor does itexclude sludges that are generated by industrial
wastewater treatment.);
(D) irrigation return flows;
(E) source, special nuclear, or by-product ma-
terial as defined by the Atomic Energy Act of 1954, as
amended, 42 United States Code 2011, et. seq. Certain
low-level radioactive materials (e.g., small vials of
toluene) have been exempted from regulation as a radioac-
tive material by the Bureau of Radiation Control of the
Texas Department of Health in accordance with the Texas
Radiation Control Act, Texas Civil Statutes, Article
4590f. In such cases the material may be subject to this
subchapter;
(F) materials subjected to m situ mining tech-
niques which are not removed from the ground as part
of the extraction process.
(2) Solid wastes which are not hazardous wastes.
(Although solid wastes which are not hazardous wastes
are excluded from regulations under this subchapter, they
are subject to regulations under other provisions of this
chapter.)
(A) household waste (i.e., any waste material
such as garbage, trash, and sanitary wastes in septic tanks
derived from households, including single and multiple
residences, hotels, and motels) including waste that has
been collected, transported, stored, treated, disposed,
recovered (e.g., refuse-derived fuel), or reused.
(B) fly ash waste, bottom ash waste, slag
waste, and flue gas emission control waste generated
primarily from the combustion of coal or other fossil
fuels.
(C) wastes which fail the test for the char-
acteristic of EP toxicity because chromium is present or
are listed in 40 Code of Federal Regulations Part 261,
Subpart D, due to the presence of chromium but do not
fail the test for the characteristic of EP toxicity for any
other constituent or are not listed due to the presence of
any other constituent and which do not fail the test for
any other characteristic, if it is shown by a waste generator
or by waste generators that:
(i) the chromium in the waste is exclusively
(or nearly exclusively) trivalent chromium; and
(ii) the waste is generated from an industrial
process which uses trivalent chromium exclusively (or
nearly exclusively) and the process does not generate hex-
avalent chromium; and
(iii) the waste is typically and frequently
managed in nonoxidizing environments;
(iv) specific wastes in this category are listed
in 40 Code of Federal Regulations 261.4(bX6)(ii).
(D) waste which consists of discarded wood
or wood products which fails the test for the characteristic
of EP toxicity, and which is not a hazardous waste for
any other reason, if the waste is generated by persons who
utilize the arsenical-treated wood and wood products for
these materials' intended end use.
(3) Hazardous wastes which are exempted from
certain requirements. A hazardous waste which is gener-
ated in a product or raw material storage tank, a prod-
uct or raw material transport vehicle or vessel, or a prod-
uct or raw material pipeline is subject only to regulation
under 325.273 of this title (relating to Hazardous Waste
Determination) until it exits the unit in which it wasJanuary 14, 1983 8 TexReg 145
Adopted
Rules
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Texas. Secretary of State. Texas Register, Volume 8, Number 4, Pages 131-202, January 14, 1983, periodical, January 14, 1983; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244554/m1/15/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.