TCEQ now anticipates it will approve and publish substantial updates to the state hazardous and industrial waste regulations in January 2022.
In addition to stricter management standards and contingency plan requirements for generators adopted from US EPA’s Generator Improvements Rule, TCEQ will also add aerosol cans to the state universal waste program, adopt new regulations related to electronic Manifests, revise the RCRA recycling provisions and definition of solid waste (DSW), and implement new management standards for hazardous waste pharmaceuticals (HWP).
The projected effective date has not changed. TCEQ anticipates that the new hazardous and industrial waste regulations will take effect on February 3, 2022.
[TCEQ Interoffice Memorandum, 12/22/21]
It's official: TCEQ's proposed rule to revise the state hazardous and industrial waste regulations (30 TAC 335) appeared in the Texas Register on July 30, 2021. The proposal would adopt stricter on-site management requirements from EPA's Generator Improvements Rule and other significant updates to the RCRA hazardous waste management regulations, detailed below.
The projected effective date has been adjusted to February 3, 2022.
Texas’ effort to adopt updated RCRA hazardous waste regulations hit a major milestone last week, when TCEQ announced a schedule of deadlines to propose and finalize new hazardous waste rules under Title 30 of the Texas Administrative Code (30 TAC).
Key RCRA changes in the forthcoming proposal include:
- EPA’s RCRA Hazardous Waste Generator Improvements Rule,
- The Electronic Hazardous Waste Manifest (e-Manifest) Fee Rule,
- Definition of Solid Waste (DSW) and recycling provisions changes,
- New management standards for Pharmaceutical Hazardous Waste, and
- The addition of aerosol cans to the universal waste program.
Lastly, Texas plans to adopt an exclusion for spent foundry sands from the iron and steel casting industry.
TCEQ’s anticipated schedule for this rulemaking process will start on July 14, 2021, when the agency proposes a hazardous waste rulemaking.
TCEQ plans to publish the proposed rule to the Texas Register
on July 30, 2021. Public comments will be accepted for 30 days, and a public hearing will be held on August 23. The final notice of adoption will be posted by December 31, 2021.
If all goes according to plan, the new RCRA rules will take effect in early 2022.
Read on to learn more about the rulemaking, or visit TCEQ's website
November: RCRA and IHW Refresher Training in Houston & Dallas
Be ready to keep your site compliant when these major RCRA updates take effect in Texas!
Lion will try something new in November
: Join an instructor for a one-day RCRA Refresher workshop in Houston or Dallas, followed by a full day of training on TCEQ's unique requirements for identifying and managing your site's industrial waste.
The two-day RCRA Refresher + Texas Hazardous and Industrial Waste Management
workshop is ideal for busy site managers and safety leaders who want to learn the new RCRA rules and get annually-required RCRA training.
Original Text (Posted April 2021)
The Texas Commission on Environmental Quality (TCEQ) has released a tentative schedule for a rulemaking to adopt major updates to the RCRA hazardous waste regulations—including the landmark Generator Improvements Rule.
Like most states, Texas is authorized to run its own RCRA hazardous waste program. To keep that authorization, the state must maintain hazardous waste rules that are at least as stringent as the Federal RCRA requirements.
What's In the RCRA Generator Improvements Rule?
In addition to re-organizing the RCRA regulations, EPA’s Generator Improvements Rule added stricter management requirements for hazardous waste generators, including but not limited to:
- Expanded contingency plan and emergency preparedness requirements;
- New marking/labeling requirements for hazardous waste containers and tanks;
- A re-notification requirement for large and small quantity generators; and
- Stricter requirements for incompatible wastes in satellite areas.
The GIR also clarified the recordkeeping requirements concerning hazardous waste determinations and added a new exclusion for episodic events
that generate hazardous waste (such as lab clean outs or spills).
Under Rule Project 2019-086-WS,
the Texas Commission on Environmental Quality (TCEQ) plans to propose an update rule by the end of July 2021. TCEQ will collect public comments throughout August and publish an official notice of adoption by year’s end.
The rulemaking is expected to take effect in early 2021.
Also in this Rule Project: RCRA Pharma Rule and DSW
This rule project will adopt two other recent updates to the hazardous waste regulations as well: EPA’s management standards for hazardous waste pharmaceuticals (HWP) and a revision to the Definition of Solid Waste (DSW) made in 2018.
The new standards for HWP prohibited discharge of pharmaceuticals into public sewer systems and created streamlined, mandatory management standards
for healthcare facilities and reverse distributors of pharmaceutical hazardous wastes. The restriction on sewer disposal is already in effect nationally.
The Definition of Solid Waste, which impacts recycling provisions for hazardous wastes, was updated in 2018 following a legal challenge to a previous DSW revision made in 2015. In brief, the 2015 rule created new requirements for recycling or reclaiming hazardous secondary materials.
A D.C. Circuit Court later invalidated parts of the 2015 rule, but upheld
new containment and contingency planning requirements.
Lion News covered the DSW revisions in more detail in June 2018.
August 2021: Lion Workshops Return to Texas
Be ready when new RCRA rules take effect in Texas! Join an expert instructor when the RCRA & Texas Hazardous and Industrial Waste Management Workshops return to Houston and Dallas in August 2021.
This in-depth three day training covers the latest requirements for managing your site's waste. It is designed to help satisfy annual training mandates for hazardous waste personnel under 40 CFR 262.17 and 30 TAC 335.69(a)(4)(A).