Texas Increases IHW Generator Fees for First Time Since 1994

The State of Texas adopted a new rule on November 3 to increase Industrial Hazardous Waste (IHW) Management fees. The new rulemaking will increase the fee schedule by 45% over four years for facilities that generate Class 1 solid waste and RCRA hazardous waste in the state.

TCEQ projects a 12% increase for the first year and 11% for the subsequent three years. The rulemaking also gives TCEQ's executive director authority to adjust fees on an annual basis. 
 

IHW Generation Fee Increase 30 TAC §335.323
	Old Max Per Ton	New Max Per Ton
Non-hazardous waste	$0.50	$2.00
Hazardous waste	$2.00	$6.00

In their executive summary of the rulemaking, the TCEQ writes:

"The increase in waste generation fees could provide generators an incentive to reduce their waste generation as a cost saving. While such reduction in waste generation would benefit human health and the environment, there is a possibility that revenue might not increase as much as anticipated due to lower waste generation amounts."

TCEQ Interoffice Memorandum (10/15/2021) 

The Texas Health and Safety Code (THSC) at, §361.133(d) allows the TCEQ to collect up to $16 million per year from IHW Management fees. The projected increase authorized by this rule is expected to bring the total near that cap.
 

Expert-led RCRA and IHW Webinar Training

Be ready to keep your site compliant when major RCRA updates take effect in Texas in early 2022!

These webinars cover the latest RCRA requirements you must know, as well as the unique standards for identifying and managing industrial waste in the Lone Star State. 

RCRA Hazardous Waste Management Webinar
January 4
January 31
February 28

Texas Hazardous & Industrial Waste Management Webinar
February 9
March 2
 

Tags: fines, hazardous waste management, penalties, RCRA, TCEQ, Texas