Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,940
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(1) all applicable provisions in Subchapter A of this chap-
ter (relating to Industrial Solid Waste and Municipal Hazardous Waste
[Management] in General), Subchapter B of this chapter (relating to
Hazardous Waste Management-General Provisions), Subchapter E of
this chapter (relating to Interim Standards of Owners and Operators
of Hazardous Waste Treatment, Storage, [Processing,] or Disposal
Facilities), [and] Subchapter F of this chapter (relating to Permitting
Standards of Owners and Operators of Hazardous Waste Treatment,
Storage, [Processing,] or Disposal Facilities), and Subchapter U of this
chapter (relating to Standards for Owners and Operators of Hazardous
Waste Facilities Operating under a Standard Permit), except for the
requirements in 335.12 of this title (relating to Shipping Require-
ments Applicable to Owners or Operators of Treatment, Storage,
[Processing,] or Disposal Facilities) and 40 CFR [Gode of Federal
Regulations] 265.13; and
(2) all applicable provisions in Chapter 1 of this title
[(relating to Purpose of Rules, enerat 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 Rule-
making)]; 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 C for Gntested (ase Hearings)]; Chapter 70 of
this title [(relating to Enforcement)]; Chapter 80 of this title [(relating
to Contested Gase Hearings)]; Chapter 86 of this title [(relating to
Special Pros ions for Contested GCase Hearings)]; [hapter 24 of
this title (~ra to ntroductory Proisions)hapter 277 of this title
(relating to Use Determinations for Tax Exemption for Pollution Gen-
trol Propety)] and Chapter 305 of this title [(relating to Consolidated
Penits)].
(c) In addition to the regulations in this section, persons who
transport spent batteries in the United States to export them for recla-
mation in a foreign country or who export spent batteries for reclama-
tion in a foreign country are subject to the requirements of 335.13 and
335.76(h) of this title (relating to Recordkeeping and Reporting Pro-
cedures Applicable to Generators Shipping Hazardous Waste or Class
1 Waste and Primary Exporters of Hazardous Waste; and Additional
Requirements Applicable to International Shipments, respectively).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 21,
2012.
TRD-201205018
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 239-0779
SUBCHAPTER O. LAND DISPOSAL
RESTRICTIONS
30 TAC 335.431
Statutory AuthorityThe amendment is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to Gen-
eral Policy) which provide the commission with the authority to
adopt any rules necessary to carry out its powers and duties un-
der the provisions of the TWC or other laws of this state; and
under Texas Health and Safety Code (THSC) 361.017 (relating
to Commission's Jurisdiction: Industrial Solid Waste and Haz-
ardous Municipal Waste); THSC, 361.024 (relating to Rules
and Standards); and THSC, 361.036 (relating to Records and
Manifests Required: Class I Industrial Solid Waste or Hazardous
Waste) which authorize the commission to regulate industrial
solid waste and hazardous waste and to adopt rules consistent
with the general intent and purposes of the THSC.
The proposed amendment implements THSC, Chapter 361.
335.431. Purpose, Scope, and Applicability.
(a) Purpose. The purpose of this subchapter is to identify haz-
ardous wastes that are restricted from land disposal and define those
limited circumstances under which an otherwise prohibited waste may
continue to be land disposed.
(b) Scope and Applicability.
(1) Except as provided in paragraph (2) of this subsection,
the requirements of this subchapter apply to persons who generate
or transport hazardous waste and owners and operators of hazardous
waste treatment, storage, and disposal facilities.
(2) The requirements of this subchapter do not apply to any
entity that is either specifically excluded from coverage by this sub-
chapter or would be excluded from the coverage of 40 Code of Federal
Regulations (CFR)[] Part 268 by 40 CFR[] Part 261, if those parts
applied.
(3) Universal waste handlers and universal waste trans-
porters, as defined in and subject to regulation under Subchapter
H, Division 5 of this chapter (relating to Universal Waste Rule) are
exempt from 40 CFR 268.7 and 268.50.
(c) Adoption by Reference.
(1) except as provided in paragraph (2) of this subsection,
and subject to the changes indicated in subsection (d) of this section, the
regulations contained in 40 CFR Part 268, as amended through March
18, 2010 (75 FR 12989) [July 4 2006 (71 FR 40254)] are adopted by
reference.
(2) The following sections of 40 CFR Part 268 are ex-
cluded from the sections adopted in paragraph (1) of this subsection:
268.1(f), 268.5, 268.6, 268.7(a)(10), 268.13, 268.42(b), and 268.44.
(3) Appendices IV, VI - IX, and XI of 40 CFR Part 268 are
adopted by reference as amended through July 14, 2006 (71 FR 40254).
(d) Changes to Adopted Parts. The parts of the CFR that are
adopted by reference in subsection (c) of this section are changed as
follows:
(1) The words "Administrator" or "Regional Administra-
tor" are changed to "Executive Director;"
(2) The word "treatment" is changed to "processing;"
(3) The words "Federal Register," when they appear in the
text of the regulation, are changed to "Texas Register;"
(4) In 40 CFR 268.7(a)(6) and (a)(7), the applicable def-
inition of hazardous waste and solid waste is the one that is set out
in this chapter rather than the definition of hazardous waste and solid
waste that is set out in 40 CFR Part 261.37 TexReg 7940 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/126/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.