(a) The following regulations contained in 40 Code of Federal Regulations (CFR) Part 266 (including all appendices to 40 CFR Part 266) are adopted by reference, as amended and adopted in the CFR through April 8, 2008 (73 FR 18970), except as noted in this section:
  (1) 40 CFR §266.100--Applicability (as amended through July 14, 2006 (71 FR 40254)), except 40 CFR §266.100(c); and reference to "the applicable requirements of subparts A through H, BB, and CC of parts 264 and 265 of this chapter" is changed to "the applicable requirements of §§335.111 of this title (relating to Purpose, Scope, and Applicability), 335.112(a)(1) - (7), (20), and (21) of this title (relating to Standards), 335.151 of this title (relating to Purpose, Scope, and Applicability), and 335.152(a)(1) - (6), (18), and (19) of this title (relating to Standards)";
  (2) 40 CFR §266.102(a)--Permit Standards for Burners - Applicability, excepting those portions of 40 CFR §266.102(a) containing references to 40 CFR §§264.56(d), 264.71 - 264.72, 264.75 - 264.77, 264.90, 264.101, and 264.142(a)(2);
  (3) 40 CFR §266.102(b)--Permit Standards for Burners - Hazardous Waste Analysis;
  (4) 40 CFR §266.102(c)--Permit Standards for Burners - Emission Standards;
  (5) 40 CFR §266.102(d)--Permit Standards for Burners - Permits;
  (6) 40 CFR §266.102(e)--Permit Standards for Burners - Operating Requirements (as amended in the Federal Register through July 14, 2006 (71 FR 40254));
  (7) 40 CFR §266.103 (a)(1) - (3)--Interim Status Standards for Burners - Purpose, Scope, and Applicability--General; Exemptions; and Prohibition on Burning Dioxin-Listed Wastes, respectively, except 40 CFR §266.103(a)(1)(iii) and §266.103(a)(2);
  (8) 40 CFR §266.103(a)(4)--Interim Status Standards for Burners--Purpose, Scope, and Applicability--Applicability of Part 265 Standards (as amended in the Federal Register through (July 14, 2006 (71 FR 40254))), excepting those portions of 40 CFR §266.103(a)(4) containing references to 40 CFR §§265.56(d), 265.71 - 265.72, 265.75 - 265.77, 265.142(a)(2); facilities qualifying for a corporate guarantee for liability are subject to 40 CFR §265.147(g)(2) and §264.151(h)(2), as amended;
  (9) 40 CFR §266.103(a)(5) - (6)--Interim Status Standards for Burners - Purpose, Scope, and Applicability: Special Requirements for Furnaces; and Restrictions on Burning Hazardous Waste That Is Not a Fuel;
  (10) 40 CFR §266.103(b)--Interim Status Standards for Burners - Certification of Precompliance (as amended through (July 14, 2006 (71 FR 40254))), except 40 CFR §266.103(b)(1) and (6);
  (11) 40 CFR §266.103(c)--Interim Status Standards for Burners - Certification of Compliance (as amended through (July 14, 2006 (71 FR 40254))), except 40 CFR §266.103(c)(3)(i);
  (12) 40 CFR §266.103(f)--Interim Status Standards for Burners - Start-Up and Shut-Down;
  (13) 40 CFR §266.103(g)(1) - (2)--Interim Status Standards for Burners - Automatic Waste Feed Cutoff (as amended in the Federal Register through July 14, 2006 (71 FR 40254));
  (14) 40 CFR §266.103(h) - (l)--Interim Status Standards for Burners: Fugitive Emissions; Changes; Monitoring and Inspections; Recordkeeping; and Closure, respectively, as amended in the Federal Register through April 4, 2006 (71 FR 16862);
  (15) 40 CFR §266.104--Standards to Control Organic Emissions, except 40 CFR §266.104(h);
  (16) 40 CFR §266.105--Standards to Control Particulate Matter, except 40 CFR §266.105(d);
  (17) 40 CFR §266.106--Standards to Control Metals Emissions (as amended in the Federal Register through (July 14, 2006 (71 FR 40254))), except 40 CFR §266.106(i);
  (18) §266.107--Standards to Control Hydrogen Chloride (HCl) and Chlorine Gas (C12) Emissions, except 40 CFR §266.107(h);
  (19) 40 CFR §266.108--Small Quantity On-Site Burner Exemption, except §266.108(d), and except that hazardous wastes generated by a very small quantity generator may not be burned in an off-site device under the exemption provided by 40 CFR §266.108;
  (20) 40 CFR §266.109--Low-Risk Waste Exemption (as amended in the Federal Register through (July 14, 2006 (71 FR 40254)));
  (21) 40 CFR §266.110--Waiver of DRE Trial Burn for Boilers;
  (22) 40 CFR §266.111--Standards for Direct Transfer; and
  (23) 40 CFR §266.112--Regulation of Residues.
(b) The following hazardous wastes and facilities are not regulated under this division:
  (1) used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in 40 CFR Part 261, Subpart C, from use versus mixing. Such used oil is subject to regulation by the United States Environmental Protection Agency (EPA) under 40 CFR Part 279 and Chapter 324 of this title (relating to Used Oil Standards). This exception does not apply if the used oil has been made hazardous by mixing with characteristic or listed hazardous waste other than by a generator that meets the conditions for exemption for a very small quantity generator or household generator;
  (2) hazardous wastes that are exempt from regulation under 40 CFR §261.4 and §335.24(c)(3) - (4) of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials);
  (3) hazardous wastes generated by a very small quantity generator that meets the conditions for exemption of a very small quantity generator;
  (4) gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery; and
  (5) coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.

Source Note: The provisions of this §335.221 adopted to be effective September 1, 1986, 11 TexReg 3697; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 29, 1992, 17 TexReg 5017; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective March 6, 1996, 21 TexReg 2400; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 4, 1999, 24 TexReg 2352; amended to be effectiveNovember 15, 2001, 26 TexReg 9135; amended to be effective August 16, 2007, 32 TexReg 5010; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 3, 2022, 47 TexReg 318