Exemptions for Generators of Hazardous or Industrial Waste
- Conditionally Exempt Small-Quanitity Generators
- Farmers Disposing of Pesticides
- Less Than 90 Days Storage
- Flow-Through Tanks
- Addition of Absorbent Material in a Container
- On-Site Disposal of Non-Hazardous Industrial Solid Waste
- Certain Recycling Operations
- Elementary Neutralization Units
- Wastewater Treatment Units
- Emergency-Response Cleanup
- Superfund Sites
- Treatability Studies
- Publicly Owned Treatment Works (POTWs)
- Municipal and Solid Waste Management Facilities That Also Manage Hazardous Waste from a CESQG
- Totally Enclosed Treatment Facilities
- Transfer Facilities
- Certain Solid Waste Disposal Facilities
Conditionally Exempt Small-Quantity Generators
See Chapter 30, Texas Administrative Code, Section
335.2.(e) 
A permit is not required for the on-site storage of hazardous
waste by a conditionally exempt small-quantity generator. CESQGs
are described in 30 TAC Section 335.78.
The TCEQ may grant a one-time 30 day extension to store hazardous waste without a permit beyond the allowed accumulation time. Such extensions are granted on a case by case if hazardous wastes must remain on-site due to unforseen, temporary, and uncontrollable circumstances.
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Farmers Disposing of Pesticides
See 30 TAC 335.41(d)(4)
A farmer may dispose of waste pesticides without a permit, provided that the waste pesticides were from his or her own use, and provided that each emptied pesticide container is triple-rinsed, and the pesticide residues are disposed of on his or her own farm in a manner consistent with the disposal instructions on the pesticide label.
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Less than 90 Days Storage
See 30 TAC 335.69(a)(1)
A permit is not required for the storage or processing of
hazardous waste generated on-site if the waste is stored in tanks,
in containers, in containment buildings, or on drip pads, provided
that storage is for less than 90 days, and that the unit meets the
requirements of 30 TAC 335.69 .
A storage period of 180 days is allowed without a permit for a
small-quantity generator as defined in 30 TAC 335.2 . In the case where a small-quantity
generator must transport his or her waste more than 200 miles for
disposal, a 270-day storage period is allowed without a permit.
The TCEQ may grant a one-time 30-day extension to store hazardous waste without a permit beyond the allowed accumulation time. Such extensions are granted on a case by case if hazardous wastes must remain on-site due to unforeseen, temporary, and uncontrollable circumstances.
Contact us if you have any questions.
Flow-Through Tanks
See 30 TAC 335.69
As of March 29, 1994, tanks with flow-through capabilities may qualify for the less than 90-day accumulation time exemption. To qualify for this exemption, the owner or operator must demonstrate that the total operating volume of the tank is replaced every 90 days or less (i.e., the retention time is less than or equal to 90 days). The tank must also meet certain restrictions regarding the accumulation of solids inside it.
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Addition of Absorbent Material in a Container
See 30 TAC 335.41(d)(3)
A permit is not required for the addition of absorbent material to waste in a container, or the addition of waste to absorbent material in a container, provided that these actions occur at the time the waste is first placed into the container. The requirements for maintaining proper container condition and for ensuring compatibility of waste with containers must be met.
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On Site Storage, Processing and Disposal of Non-Hazardous Industrial Solid Waste
See 30 TAC 335.2(d)(1) and (2)
No permit is required for the on-site storage, processing, or disposal of industrial solid waste which is not hazardous waste, if that waste was generated on-site.
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Certain Recycling Operations
See 30 TAC 335.24
A permit is not required for the management of industrial
recyclable materials described in 30 TAC 335.24.
The state and federal rules pertaining to the industrial waste recycling exemption are complex, and a simple description of how they apply is difficult to state. Only the recycling process itself is exempt; storage and disposal of hazardous wastes are still subject to permitting requirements.
See Can I Recycle Some of My Industrial or Hazardous Wastes? (TCEQ publication RG-240) for more information.
If you have a process that meets these requirements, fill out the Notification Form for Recycling Hazardous and Industrial Waste or the Generator Notification Form for Recycling Hazardous or Industrial Waste (or both, as applicable) and send them to the TCEQ at the address indicated on the forms.
Contact us if you have any questions.
Elementary Neutralization Units
See 30 TAC 335.41(d)(1)
A permit is not required for an elementary neutralization unit,
which is a device that is used for neutralizing wastes that are
hazardous only because they are corrosive. The unit must meet the
definition of a tank, tank system, container, transport vehicle, or
vessel as described in Title 40, Code of Federal Regulations, Section
260.10 (Definitions) and 30 TAC 335.1 . This exemption also applies to
nonhazardous waste as stated in 30 TAC 335.2(d)(3) .
Contact us if you have any questions.
Wastewater Treatment Units
See 30 TAC 335.41(d)(1)
A permit is not required for a wastewater treatment unit, which
is a device that is part of a wastewater treatment facility that
has a wastewater discharge permit authorized through the Clean
Water Act. Wastewater treatment units must meet the definition of a
tank. This exemption also applies to nonhazardous waste as stated
in 30 TAC 335.2(d)(3) (Please note that, in accordance with Senate Bill 1281 passed during the 79th regular legislative
session, a commercial industrial solid waste facility discharging
into a publicly owned treatment works was required to obtain a
permit by June 1, 2006.).
Contact us if you have any questions.
Emergency Response Cleanup
See 30 TAC 335.41(d)(2)
A permit is not required for treatment or containment activities during the immediate response to a discharge of a hazardous waste, an imminent and substantial threat of a discharge of hazardous waste, or a discharge of a material that, when discharged, becomes a hazardous waste.
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Superfund Sites
See 30 TAC 335.341(c)
A RCRA permit is not needed for Superfund on-site cleanup activities.
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Treatability Studies
See 30 TAC 335.2(d)(4) and (g)
No permit is required for the storage, processing, or disposal
of hazardous or nonhazardous waste that is generated or collected
for the purpose of conducting treatability studies. Hazardous
wastes are subject to the requirements of 40 CFR 261.4(e) and (f), which explain allowable quantities for
treatability-study samples and describe what must be done with
those samples in order for the exemption to remain valid.
Contact us if you have any questions.
Publicly Owned Treatment Works (POTWs)
See 30 TAC 335.41(c)
A waste permit is not required for a POTW. POTWs are systems
that are owned by a state or municipality and are used to treat
liquid waste—for example, a municipal wastewater treatment
plant. This exemption also applies to nonhazardous waste as stated
in 30 TAC 335.2(d)(6).
Contact us if you have any questions.
Municipal Solid Waste Management Facilities That Also Manage Hazardous Waste from a CESQG
See 30 TAC 335.41 (e)(2)
A hazardous waste permit is not required for the owner or
operator of a facility permitted, licensed, or registered by the
state to manage municipal or industrial solid waste, if the only
hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under 40 CFR 261.5 , entitled "Special requirements for
hazardous waste generated by conditionally exempt small quantity
generators."
Contact us if you have any questions.
Totally Enclosed Treatment Facilities
See 30 TAC 335.41(b)
A permit is not required for a totally enclosed treatment facility, which is a facility used for the treatment of hazardous waste generated on-site and directly connected to an industrial production process. These facilities must be constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment.
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Transfer Facilities
See 30 TAC 335.94
A permit is not required for the storage of manifested shipments
of hazardous waste in containers meeting the requirements of 40 CFR 262.30 (packaging requirements), provided storage
is for 10 days or less at a transfer facility that is properly
registered with the TCEQ.
Note: A transfer facility is not a satellite
storage facility. It is only a legitimate transfer facility if it
is used for temporary storage of waste which is in transit. This
exemption also applies to nonhazardous industrial waste as stated
in 30 TAC 335.2(d)(5) .
Contact us if you have any questions.
Certain Solid-Waste Disposal Facilities
See 30 TAC 335.41 (e)(2)
A permit is not required for disposal facilities that handle waste exclusively from conditionally exempt small-quantity generators.
Contact us if you have any questions.
