Texas Register, Volume 26, Number 36, Pages 6803-7008, September 7, 2001 Page: 6,876
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(h) Preparedness and Prevention.
(1) General. In addition to all other applicable require-
ments of this section, all generators of hazardous oil and gas waste shall
employ reasonable and appropriate measures (considering the nature
and location of the facility and the types and quantities of hazardous oil
and gas waste maintained at the site) in the operation and maintenance
of his or her generation site to minimize the possibility of a fire, explo-
sion, or any unplanned sudden or non-sudden release of hazardous oil
and gas wastes or hazardous oil and gas waste constituents to air, soil,
or surface water that could threaten human health or the environment.
(2) LQGs and SQGs. LQGs and SQGs who accumulate
hazardous oil and gas waste at the generation site must comply with
the provisions applicable to owners or operators of 40 CFR, Part 265,
Subpart C (concerning preparedness and prevention).
(i) Contingency Plan and Emergency Procedures.
(1) LQGs. LQGs who accumulate hazardous oil and gas
waste at the generation site must comply with the provisions applicable
to owners or operators of 40 CFR, Part 265, Subpart D (concerning
contingency plan and emergency procedures).
(2) SQGs. SQGs who accumulate hazardous oil and gas
waste at the generation site must comply with the provisions of 40 CFR,
262.34(d)(5) (concerning emergency response).
(j) Personnel Training. LQGs who accumulate hazardous oil
and gas waste at the generation site must comply with the provisions
applicable to owners or operators of 40 CFR, 265.16 (concerning per-
sonnel training).
(k) Standards for Use of Containers.
(1) LQGs. LQGs accumulating hazardous oil and gas
waste in containers must:
(A) comply with the provisions applicable to owners or
operators of 40 CFR, Part 265, Subpart I (concerning use and manage-
ment of containers);
(B) clearly mark each container being used to accumu-
late hazardous oil and gas waste on-site, in a manner and location vis-
ible for inspection, with the date accumulation of such hazardous oil
and gas waste begins; and
(C) clearly label or mark each container being used to
accumulate hazardous oil and gas waste on-site with the words "Haz-
ardous Waste."
(2) SQGs. SQGs accumulating hazardous oil and gas
waste in containers must:
(A) comply with the provisions applicable to owners or
operators of 40 CFR, Part 265, Subpart I, except 265.176 (concerning
distance from property lines);
(B) clearly mark each container being used to accumu-
late hazardous oil and gas waste on-site, in a manner and location vis-
ible for inspection, with the date accumulation of such hazardous oil
and gas waste begins; and
(C) clearly label or mark each container being used to
accumulate hazardous oil and gas waste on-site with the words "Haz-
ardous Waste."
(3) CESQGs. The provisions of this paragraph apply to
CESQGs only.
(A) Hazardous oil and gas waste generated by a
CESQG may be mixed with non-hazardous waste even though the
resultant mixture exceeds the quantity limitations of subsection (f)(1)of this section, unless the mixture exhibits any of the hazardous waste
characteristics of the hazardous oil and gas waste in the mixture, as
determined under subsection (e)(1)(D)(ii) of this section.
(B) If a CESQG's wastes are mixed with used oil, the
mixture is subject to the requirements 40 CFR, Part 279 if the mixture
is destined to be burned for energy recovery. Any material produced
from such a mixture by processing, blending, or other treatment is also
so regulated if it is destined to be burned for energy recovery.
(1) Standards for Use of Tank Systems.
(1) LQGs. LQGs accumulating hazardous oil and gas
waste in tanks must:
(A) comply with the provisions applicable to owners
or operators of 40 CFR, Part 265, Subpart J, except 265.197(c) and
265.200;
(B) comply with the provisions applicable to owners or
operators of 40 CFR, 265.111 and 265.114 (concerning closure per-
formance standards and disposal of contaminated equipment and me-
dia); and
(C) clearly label or mark each tank being used to accu-
mulate hazardous oil and gas waste with the words "Hazardous Waste."
(2) SQGs. SQGs accumulating hazardous oil and gas
waste in tanks must:
(A) comply with the provisions of 40 CFR, 265.201
(concerning accumulation of waste in tanks by small quantity genera-
tors); and
(B) clearly label or mark each tank being used to accu-
mulate hazardous oil and gas waste with the words "Hazardous Waste."
(m) Disposition of Hazardous Oil and Gas Waste.
(1) On-site Treatment, Storage, Disposal, Recycling, and
Reclamation. Except as otherwise specifically provided in this section,
no person may treat, store, dispose of, recycle, or reclaim any haz-
ardous oil and gas waste on-site.
(2) Transport to Authorized Facility.
(A) Except as otherwise specifically provided in this
section and subject to all other applicable requirements of state or fed-
eral law, a generator of hazardous oil and gas waste must send his or
her waste to one of the following categories of facilities for treatment,
storage, disposal, recycling, or reclamation:
(i) an authorized recycling or reclamation facility;
(ii) an authorized treatment, storage, or disposal fa-
cility;
(iii) a facility located outside the United States, pro-
vided that the requirements of subsection (v)(1) of this section (relating
to exports of hazardous waste) are met;
(iv) a transfer facility, provided that the require-
ments of subsection (w)(3) of this section are met;
(v) if the waste is generated by a CESQG, a facility
permitted, licensed, or registered by a state to manage municipal or
industrial solid waste; or
(vi) if the waste is generated by a CESQG, a central-
ized waste collection facility (CWCF) that meets the requirements of
subsection (m)(3) of this section.
(B) Notwithstanding any contrary provision of this sub-
section, hazardous oil and gas wastes may be treated or stored on-siteSeptember 7, 2001 Texas Register
26 TexReg 6876
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Texas. Secretary of State. Texas Register, Volume 26, Number 36, Pages 6803-7008, September 7, 2001, periodical, September 7, 2001; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth114055/m1/74/: accessed June 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.