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(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 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);
(7)40 CFR §263.10(e) means as this section is
adopted under §335.91(f) of this title (relating to Scope);
(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 §35.402
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 adoption and found it to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the
Secretary of State on January 14, 2022
TRD-202200144 Guy Henry
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: February 3, 2022
Proposal publication date: July 30, 2021
For further information, please call: (512) 239-2678
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