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Texas Increases IHW Generator Fees for First Time Since 1994

Posted on 11/5/2021 by Roseanne Bottone

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

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