Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,941
7533-7814 p. ; 28 cm.View a full description of this periodical.
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(5) In 40 CFR 268.50(a)(1), the citation to "262.34" is
changed to "335.69."
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-201205019
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 R. WASTE CLASSIFICATION
30 TAC 335.504
Statutory Authority
The amendment is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to General
Policy) which provide the commission with the authority to adopt
any rules necessary to carry out its powers and duties under
the provisions of the TWC or other laws of this state; and un-
der 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.
335.504. Hazardous Waste Determination.
A person who generates a solid waste must determine if that waste is
hazardous using the following method:
(1) Determine if the material is excluded or exempted from
being a solid waste or hazardous waste per 335.1 of this title (re-
lating to Definitions) or identified in 40 Code of Federal Regulations
(CFR) Part 261, Subpart A, as amended through March 18, 2010 (75
FR 12989), or identified in 40 CFR Part 261, Subpart E, as amended
through July 28, 2006 (71 FR 42928) [January , 2008 (73 FR 57)].
(2) If the material is a solid waste, determine if the waste
is listed as, or mixed with, or derived from a listed hazardous waste
identified in 40 CFR Part 261, Subpart D, as amended through March
18, 2010 (75 FR 12989) [Je 4 2[08 (73 FR 31755)].
(3) If the material is a solid waste, determine whether the
waste exhibits any characteristics of a hazardous waste as identified in
40 CFR Part 261, Subpart C, as amended through March 18, 2010 (75
FR 12989) [July + 2006 (7Ft 40254)].
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-201205020
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
TITLE 31. NATURAL RESOURCES AND
CONSERVATION
PART 2. TEXAS PARKS AND
WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
The Texas Parks and Wildlife Department proposes the repeal
of 51.621 - 51.624, 51.632, 51.643, 51.644, 51.661, 51.662,
51.673, and 51.674 and amendments to 51.3, 51.70, 51.71,
51.151, 51.201, 51.204, 51.300, 51.303, 51.304, and 51.601.
The proposed repeals and amendments are a result of the de-
partment's review of its regulations under the provisions of Gov-
ernment Code, 2001.039, which requires a state agency to re-
view each of its regulations no less frequently than every four
years and to re-adopt, adopt with changes, or repeal each rule
as a result of the review.
Parks and Wildlife Code, 11.0162, authorizes the Chairman of
the Texas Parks and Wildlife Commission to "appoint commit-
tees to advise the commission on issues under its jurisdiction."
Government Code, Chapter 2110, requires that rules be adopted
regarding each state agency advisory committee. Unless other-
wise provided by specific statute, the rules must (1) state the
purpose of the committee; (2) describe the manner in which the
committee will report to the agency; and (3) establish the date
on which the committee will automatically be abolished, unless
the advisory committee has a specific duration established by
statute. Under the provisions of 31 TAC 51.601(d), all advi-
sory committees expired on October 1, 2010 unless otherwise
provided by law. In 2010, the department amended rules re-
garding several advisory committees to extend the expiration
of those committees until October 2014 (October 15, 2010, is-
sue (35 TexReg 9321)). The advisory committees that were not
extended expired in October 2010 pursuant to 51.601. The
proposed repeal of 51.621 - 51.624, 51.632, 51.643, 51.644,
51.661, 51.662, 51.673, and 51.674 would eliminate advisory
groups that have expired and which the department has deter-
mined are no longer necessary, either because they have served
their purpose and become superfluous or because their func-
tion has been subsumed within another advisory group. Sec-
tions 51.621 (Artificial Reef Advisory Committee), 51.622 (Blue
Crab Advisory Committee), 51.623 (Oyster Advisory Commit-
tee), and 51.624 (Shrimp Advisory Committee) are being re-
pealed because they have expired and the Coastal Resources
Advisory Committee can perform the advisory functions regard-
ing those coastal fisheries resources. Section 51.632 (Texas
Rivers Conservation Advisory Board) is being repealed because
the term of the committee has expired and the Freshwater Fish-
eries Advisory Committee can perform the advisory functions
regarding freshwater fisheries resources in Texas rivers. Sec-
tion 51.643, concerning Historic Sites Advisory Committee and
51.644, concerning Big Bend Ranch State Park Task Force,
are being repealed because the term of the Historic Sites Advi-
sory Committee has expired and the Big Bend Ranch State ParkPROPOSED RULES October 5, 2012 37 TexReg 7941
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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/m1/127/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.