(a) The regulations of this section apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.
(b) Persons who generate, transport, or store recyclable materials that are regulated under this section are subject to the following requirements:
  (1) §335.4 of this title (relating to General Prohibitions);
  (2) §335.6 of this title (relating to Notification Requirements);
  (3) §§335.9 - 335.12 of this title (relating to Shipping and Reporting Procedures Applicable to Generators; Shipping and Reporting Procedures Applicable to Generators of Municipal Hazardous Waste or Class 1 Waste; Shipping Requirements for Transporters of Municipal Hazardous Waste or Class 1 Waste; Shipping Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities), §335.54 of this title (relating to Hazardous Waste Manifest), 40 Code of Federal Regulations (CFR) §265.71 and §265.72 as adopted by reference under §335.112(a)(4) of this title (relating to Standards), and 40 CFR §264.71 and §264.72 as adopted by reference under §335.152(a)(4) of this title (relating to Standards), for generators, transporters, or persons who store, as applicable; and
  (4) For precious metals exported to or imported from other countries for recovery, 40 Code of Federal Regulations (CFR) Part 262, Subpart H and §265.12 adopted by reference under §335.112 of this title (relating to Standards).
(c) Persons who store recyclable materials that are regulated under this section shall keep the following records to document that they are not accumulating these materials speculatively, as defined in §335.17 of this title (relating to Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials):
  (1) records showing the volume of these materials stored at the beginning of the calendar year;
  (2) the amount of these materials generated or received during the calendar year; and
  (3) the amount of materials remaining at the end of the calendar year.
(d) Recyclable materials that are regulated under this section that are accumulated speculatively, as defined in §335.17 of this title (relating to Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials), are subject to all applicable provisions of this chapter (excluding this subchapter), Chapter 1 of this title (relating to Purpose of Rules, General Provisions); Chapter 3 of this title (relating to Definitions); Chapter 10 of this title (relating to Commission Meetings); Chapter 20 of this title (relating to Rulemaking); Chapter 37 of this title (relating to Financial Assurance); Chapter 39 of this title (relating to Public Notice); Chapter 40 of this title (relating to Alternative Dispute Resolution); Chapter 50 of this title (relating to Actions on Applications); Chapter 55 of this title (relating to Request for Contested Case Hearings); Chapter 70 of this title (relating to Enforcement); Chapter 80 of this title (relating to Contested Case Hearings); Chapter 86 of this title (relating to Special Provisions for Contested Case Hearings; Chapter 261 of this title (relating to Introductory Provisions); Chapter 277 of this title (relating to Use Determinations for Tax Exemption for Pollution Control Property); and Chapter 305 of this title (relating to Consolidated Permits).

Source Note: The provisions of this §335.241 adopted to be effective May 28, 1986, 11 TexReg 2349; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 3, 2022, 47 TexReg 318