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 |
TCEQ estimates that the rule to increase IHW generation fees will take effect on November 25, 2021.
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.
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