(a) Purpose. The purpose of this section is to establish standards for management of hazardous oil and gas waste.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Activities associated with the exploration, development, and production of oil or gas or geothermal resources--Activities associated with:
    (A) the drilling of exploratory wells, oil wells, gas wells, or geothermal resource wells;
    (B) the production of oil, gas, or geothermal resources, including:
      (i) activities associated with the drilling of injection water source wells that penetrate the base of usable quality water;
      (ii) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission to regulate the production of oil, gas, or geothermal resources;
      (iii) activities associated with natural gas or natural gas liquids processing plants or reservoir pressure maintenance or repressurizing plants;
      (iv) activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Texas Natural Resources Code, §91.173;
      (v) activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Texas Natural Resources Code, §91.201; and
      (vi) activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;
    (C) the operation, abandonment, and proper plugging of wells subject to the jurisdiction of the commission to regulate the exploration, development, and production of oil or gas or geothermal resources; and
    (D) the discharge, storage, handling, transportation, reclamation, or disposal of waste or any other substance or material associated with any activity listed in subparagraphs (A) - (C) of this paragraph.
  (2) Administrator--The administrator of the United States Environmental Protection Agency, or the administrator's designee.
  (3) Authorized facility--Either:
    (A) an authorized recycling or reclamation facility; or
    (B) an authorized treatment, storage, or disposal facility.
  (4) Authorized recycling or reclamation facility--A facility permitted in accordance with the requirements of 40 CFR, Parts 270 and 124 or Part 271, if required, at which hazardous waste that is to be recycled or reclaimed is managed and whose owner or operator is subject to regulation under:
    (A) 40 CFR, §261.6(c) or an equivalent state program (concerning facilities that recycle recyclable materials); or
    (B) 40 CFR, Part 266, Subparts C (concerning recyclable materials used in a manner constituting disposal), F (concerning recyclable materials used for precious metal recovery), or G (concerning spent lead-acid batteries being reclaimed), or an equivalent state program.
  (5) Authorized representative--The person responsible for the overall operation of all or any part of a facility or generation site.
  (6) Authorized treatment, storage, or disposal facility--A facility at which hazardous waste is treated, stored, or disposed of that:
    (A) has received either:
      (i) a permit (or interim status) in accordance with the requirements of 40 CFR, Parts 270 and 124 (EPA permit); or
      (ii) a permit (or interim status) from a state authorized in accordance with 40 CFR, Part 271; and
    (B) is authorized under applicable state or federal law to treat, store, or dispose of that type of hazardous waste. If a hazardous oil and gas waste is destined to a facility in an authorized state that has not yet obtained authorization from the EPA to regulate that particular hazardous waste, then the designated facility must be a facility allowed by the receiving state to accept such waste and the facility must have a permit issued by the EPA to manage that waste.
  (7) Centralized Waste Collection Facility or CWCF--A facility that meets the requirements of subsection (m)(3) of this section.
  (8) Certification--A statement of professional opinion based upon knowledge and belief.
  (9) CFR--Code of Federal Regulations.
  (10) CESQG--A conditionally exempt small quantity generator, as described in subsection (f)(1) of this section (relating to generator classification and accumulation time).
  (11) Commission--The Railroad Commission of Texas or its designee.
  (12) Container--Any portable device in which material is stored, transported, treated, disposed of, or otherwise handled.
  (13) Contaminated media--Soil, debris, residues, waste, surface waters, ground waters, or other materials containing hazardous oil and gas waste as a result of a discharge or clean-up of a discharge.
  (14) Department of Transportation or DOT--The United States Department of Transportation.
  (15) Designated facility--An authorized facility that has been designated on the manifest by the generator pursuant to the provisions of subsection (o)(1) of this section (relating to general manifest requirements).
  (16) Discharge or hazardous waste discharge--The accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.
  (17) Disposal--The discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
  (18) Disposal facility--A facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure.
  (19) Elementary neutralization unit--A device consisting of a tank, tank system, container, transport vehicle, or vessel that is used for neutralizing wastes that are hazardous wastes:
    (A) only because they exhibit the characteristic of corrosivity under the test referred to in subsection (e)(1)(D)(ii) of this section (relating to characteristically hazardous wastes); or
    (B) they are identified in subsection (e)(1)(D)(i) of this section (relating to listed hazardous wastes) only because they exhibit the corrosivity characteristic.
  (20) Empty container--A container or an inner liner removed from a container that has held any hazardous waste and that meets the requirements of 40 CFR, §261.7(b).
  (21) Environmental Protection Agency or EPA--The United States Environmental Protection Agency.
  (22) EPA Acknowledgment of Consent--The cable sent to the EPA from the United States Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
  (23) EPA hazardous waste number--The number assigned by the EPA to each hazardous waste listed in 40 CFR, Part 261, Subpart D, and to each characteristic identified in 40 CFR, Part 261, Subpart C.
  (24) EPA identification number or EPA ID Number--The number assigned by the EPA to each hazardous waste generator, transporter, and treatment, storage, or disposal facility.
  (25) EPA Form 8700-12--The EPA form that must be completed and delivered to the commission in order to obtain an EPA ID number.
  (26) Executive director of the TCEQ--The executive director of the TCEQ or the executive director's designee.
  (27) Facility--All contiguous land, including structures, other appurtenances, and improvements on the land, used for recycling, reclaiming, treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations thereof).
  (28) Generate--To produce hazardous oil and gas waste or to engage in any activity (such as importing) that first causes a hazardous oil and gas waste to become subject to regulation under this section.
  (29) Generation site--
    (A) Excluding sites addressed in subparagraphs (B) (relating to pipelines) and (C) (relating to gas plants) of this paragraph, any of the following operational units that are owned or operated by one person and other sites at which hazardous oil and gas waste is generated or where actions first cause a hazardous oil and gas waste to become subject to regulation, including but not limited to:
Cont'd...