Texas Register

TITLE 30 ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 335INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
SUBCHAPTER HSTANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES
DIVISION 6MILITARY MUNITIONS
RULE §335.272Standards
ISSUE 07/30/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The regulations contained in 40 Code of Federal Regulations (CFR) Part 266 Subpart M, as amended in the Federal Register through February 12, 1997[,] (at 62 FR [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) means as this section is adopted by reference under §335.52 of this title (relating to Purpose, Scope, and Applicability) [is changed to §335.61(h) of this title (relating to Standards Applicable to Generators of Hazardous Waste)];

  (7)40 CFR §263.10(e) means as this section is adopted under [is changed to] §335.91(f) of this title (relating to Scope [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.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 16, 2021

TRD-202102726

Robert Martinez

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: August 29, 2021

For further information, please call: (512) 239-2678



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