The commission adopts by reference the regulations contained in 40 Code of Federal Regulations (CFR) Part 262, Subpart L, as adopted in the Federal Register on November 28, 2016 (81 FR 85732), subject to the changes in this subsection.
  (1) Reference to "subpart B of this part" is changed to "40 CFR Part 262, Subpart B as adopted under §335.54 of this title (relating to Hazardous Waste Manifest)."
  (2) Reference to "§260.10 of this chapter" is changed to "§335.1 of this title (relating to Definitions)."
  (3) The term "EPA" is changed to the term "executive director."
  (4) The term "Regional Administrator" is changed to the term "executive director."
  (5) References to 40 CFR "§262.16(b)(2) of this chapter", "§262.16(b)(3)", and "§262.16(b)(9)(i)" mean as adopted under §335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).
  (6) Under 40 CFR §262.232(a)(1), the reference to "§262.233" means as 40 CFR §262.233 is adopted under this section.
  (7) Under 40 CFR §262.232(a)(2) the very small quantity generator shall:
    (A) notify the executive director 30 days prior to initiating a planned episodic event by submitting the information required in United States Environmental Protection Agency (EPA) Form 8700-12 using a method approved by the executive director;
    (B) notify the executive director within 72 hours of an unplanned event in a manner approved by the executive director;
    (C) notify the executive director of an unplanned episodic event by submitting the information required in EPA Form 8700-12 using a method approved by the executive director.
    (D) When complying with the emergency procedures for a very small quantity generator under 40 CFR §262.16(b)(9)(i) referenced in 40 CFR §262.232(a)(2) or for a small quantity generator referred to in 40 CFR §262.232(b)(2), very small and small quantity generators shall also notify in accordance with and comply with §335.93 of this title (relating to Hazardous Waste Discharges), and Chapter 327 of this title (relating to Spill Prevention and Control).
  (8) Under 40 CFR §262.232(a)(3), the very small quantity generator that has not been issued an EPA identification (ID) number must obtain an EPA ID number by submitting the information required in EPA Form 8700-12 to the executive director using a method approved by the executive director.
  (9) In 40 CFR §262.232(b)(4), "from an episodic event waste on drip pads" is changed to "from an episodic event on drip pads."
  (10) In 40 CFR §262.232(b)(4)(ii)(C), "the date upon which each period of accumulation begins and ends" is changed to "the date upon which each episodic event begins."

Source Note: The provisions of this §335.60 adopted to be effective February 3, 2022, 47 TexReg 318