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(a)The regulations contained in 40 Code of Federal Regulations (CFR) Part 266 Subpart M, as amended through February 12, 1997, at 62 FedReg 6622 are adopted by reference, subject to the changes indicated in subsection (b) of this section. (b)Reference to: (1)August 12, 1997 is changed to the effective date of this rule; (2)40 CFR Parts 260 - 270 means the commission's rules including, but not limited to, Chapter 50 of this title (relating to Action on Applications and Other Authorizations), Chapter 305 of this title (relating to Consolidated Permits), and Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste), as applicable; (3)40 CFR Parts 260 - 279 means the commission's rules including, but not limited, to Chapter 50 of this title, Chapter 305 of this title, Chapter 328 of this title (relating to Waste Minimization and Recycling), and Chapter 335 of this title, as applicable; (4)40 CFR §260.10 is changed to §335.1 of this title (relating to Definitions); (5)40 CFR §261.2 is changed to the definition of "solid waste" in §335.1 of this title); (6)40 CFR §262.10(i) is changed to §335.61(h) of this title (relating to Standards Applicable to Generators of Hazardous Waste); (7)40 CFR §263.10(e) is changed to §335.91(f) of this title (relating to Standards Applicable to Transporters of Hazardous Waste); (8)40 CFR §§264.1(g)(8), 265.1(c)(11), and 270.1(c)(3) are changed to §335.41(d)(2) of this title (relating to Hazardous Waste Management General Provisions); (9)40 CFR §270.61 is changed to §335.402 of this title (related to Emergency Actions Concerning Hazardous Waste); (10)Resource Conservation and Recovery Act (RCRA) §1004(27) is changed to Texas Health and Safety Code (THSC), §361.003(34) (related to the definition of Solid Waste); (11)RCRA §3004(u) is changed to Texas Water Code (TWC), §7.031(a) and (b) (relating to Corrective Action Relating to Hazardous Waste); (12)RCRA §3008(h) is changed to TWC, §7.031(c) - (e) (relating to Corrective Action Relating to Hazardous Waste); (13)RCRA §7003 is changed to THSC, §361.272 (relating to Administrative Orders Concerning Imminent and Substantial Endangerment), THSC, §361.273 (relating to Injunction as Alternative to Administrative Order), THSC, §361.301 (relating to Emergency Order), TWC, §26.121, (relating to Unauthorized Discharges Prohibited.)
This agency hereby certifies that the adoption has been
reviewed by legal
counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 23, 2001
TRD-200101701 Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 12, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 239-4712
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