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You are here: Home / Permitting / Waste Permits / Industrial and Hazardous Waste / Exemptions from Industrial and Hazardous Waste Permitting

Exemptions from Industrial and Hazardous Waste Permitting

Provides guidance on whether a generated solid waste activity is required to be permitted.

Now that you have determined what type of solid waste you generate, the next step will be to determine if management of the waste is exempt from permitting.

But remember that the following requirements apply even if the activity is exempt from permitting:

  • You must still comply with the rules for proper waste management (see subchapters C and H of 30 Texas Administrative Code (TAC) Chapter 335Exit the TCEQ;
  • You remain subject to the restrictions detailed in 30 TAC §335.4Exit the TCEQ, which are general prohibitions against polluting the water, creating a nuisance, or endangering public health and welfare.
  • You might need to comply with notification requirements in accordance with 30 TAC §335.6Exit the TCEQ and comply with associated waste audits;
  • You might still need to register your activities and comply with associated waste audits;

Exemptions from the requirements for a permit fall into 6 general groups:

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Conditionally Exempt Small Quantity Generators

See 30 TAC §335.2(e)Exit the TCEQ

A permit is not required for the on-site storage of hazardous waste by a conditionally exempt small quantity generator. Conditionally exempt small quantity generators are described in 30 TAC Section §335.78Exit the TCEQ.

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 basis if hazardous wastes must remain on-site due to unforseen, temporary, and uncontrolled circumstances.

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Farmers Disposing of Pesticides

See 30 TAC §335.41(d)(4)Exit the TCEQ

A farmer may dispose of waste pesticides without a permit provided that the waste pesticides were from his 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-Day Storage

See 30 TAC §335.69(a)(1)Exit the TCEQ

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 §335.69Exit the TCEQ.

A storage period of 180 days is allowed without a permit for a small quantity generator as defined in 30 TAC §335.2Exit the TCEQ. 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 basis if hazardous wastes must remain on-site due to unforseen, temporary, and uncontrolled circumstances.

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Flow-through Tanks

See 30 TAC §335.69Exit the TCEQ

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., retention time is less than or equal to 90 days). The tank must also meet certain restrictions regarding the accumulation of solids in the tank.

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Addition of Absorbent Material in a Container

See 30 TAC §335.41 (d)(3)Exit the TCEQ

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 Disposal of Non-Hazardous Industrial Solid Waste

See 30 TAC §335.2(d)(1)and (2)Exit the TCEQ

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 §335.24Exit the TCEQ

A permit is not required for the management of industrial recyclable materials described in 30 TAC §335.24Exit the TCEQ.

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 make. 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? (RG-240) for more information.

If you have a process that meets these requirements fill out Notification Form for Recycling Hazardous and Industrial Waste and/or Generator Notification Form for Recycling Hazardous or Industrial Waste and send them to us at the address indicated on the forms.

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Elementary Neutralization Units

See 30 TAC §335.41(d)(1)Exit the TCEQ

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 40 CFR §260.10Exit the TCEQ--Definitions and 30 TAC §335.1Exit the TCEQ. This exemption also applies to nonhazardous waste as stated in 30 TAC §335.2(d)(3)Exit the TCEQ.

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Wastewater Treatment Units

See 30 TAC §335.41(d)(1)Exit the TCEQ

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. 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. 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)Exit the TCEQ.

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Emergency Response Cleanup

See 30 TAC §335.41 (d)(2)Exit the TCEQ

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, Subchapter K (d)(2)Exit the TCEQ

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)Exit the TCEQ

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)Exit the TCEQ which explain allowable quantities for treatability study samples and describe what must be done with these samples in order for the exemption to remain valid.

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Publicly Owned Treatment Works (POTW)

See 30 TAC §335.41 (c)Exit the TCEQ

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)Exit the TCEQ.

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Municipal and Solid Waste Management Facilities Who Also Manage Hazardous Waste from a CESQG

See 30 TAC §335.41 (e)(2)Exit the TCEQ

A hazardous waste permit is not required for the owner or operator of a facility permitted, licensed, or registered by a 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 Code of Federal Regulations (CFR) §261.5Exit the TCEQ, which is entitled "Special requirements for hazardous waste generated by conditionally exempt small quantity generators."

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Totally Enclosed Treatment Facilities

See 30 TAC §335.41(b)Exit the TCEQ

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 §335.94Exit the TCEQ

A permit is not required for the storage of manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR §262.30Exit the TCEQ (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 for waste which is in transit. This exemption also applies to nonhazardous waste as stated in 30 TAC §335.2(d)(5)Exit the TCEQ.

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Certain Solid Waste Disposal Facilities

See 30 TAC §335.41 (e)(2)Exit the TCEQ

A permit is not required for disposal facilities that handle waste exclusively from conditionally exempt small quantity generators.

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