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Cleanups and Closures at Non-Permitted Facilities

Describes cleanup and closure scenarios for non-permitted industrial and hazardous waste facilities.

The management of industrial and municipal hazardous waste and industrial solid waste is regulated by of 30 Texas Administrative Code Chapter 335. Depending on the quantity, kinds of waste managed, and methods of waste management, requirements may include notifications, registration, recordkeeping, or filing of hazardous waste permit or compliance plan applications. Additionally, these regulations address assessment and cleanup of contaminated media and unit closures.

Most facilities subject to these regulations are not required to have a hazardous waste permit or compliance plan. However, site assessments, cleanups and closures may still fall under different regulatory scenarios. It is important to understand the context of the situation to determine all the requirements that apply. Examples of different scenarios include:

  • Contamination resulting from waste management. The requirement to assess and clean up contamination is given in 30 TAC 335.8Exit the TCEQ. Depending on the date of initial notification, the remediation goals for these facilities are specified in the 1993 Risk Reduction Standards or the current Texas Risk Reduction Program(TRRP) rules which became effective in 1999.
  • Closure of waste management units. Closure refers to the process of taking a unit out of service. In most cases, these units are listed on the facility's Notice of Registration.
  • Enforcement action. Whereas the regulations apply generally, if a facility is involved in an enforcement action, the enforcement document will contain site-specific requirements. Check the enforcement document in addition to basic regulations to evaluate projects that are driven by enforcement actions.