1. Industrial and Hazardous Waste Permits Section
RCRA Rule Updates
Jarita Sepulvado
Industrial and Hazardous Waste Permits Section
May 15, 2019
EPA revisions
Approved RCRA program
Maintain equivalency and authorization
Rulemaking procedures established by state
Process overview
Cooperative effort of different parts of agency
9 revisions awaiting state adoption
2 separate rule packages

2. RCRA Rule Adoption Packages
Vacatur of the Comparable Fuels Rule and the Gasification Rule
Disposal of Coal Combustion Residuals from Electric Utilities
Imports & Exports of Hazardous Waste
Confidentiality Determinations for Hazardous Waste Export and Import Documents
Hazardous Waste Electronic Manifest System User Fee; Final Rule
Safe Management of Recalled Airbags
State initiated revisions
Rulemaking approved
State revisions – corrections, remove obsolete references, etc

3. RCRA Rule Adoption Packages
Hazardous Waste Generator Rule Improvements
Revisions to the Definition of Solid Waste, Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule
Management Standards for Hazardous Waste Pharmaceuticals
State initiated fee increase
Rulemaking approved

4. RCRA Package 1 Rule project number: 2019-085-335-WS
Proposal Agenda: November 2019
Public Comment Period: November – December 2019
Adoption Agenda: April 2020
Effective Date: May 2020
TCEQ rule page ( under rule proposals and adoptions, look for RPN

5. Vacatur of the Comparable Fuels Rule and the Gasification Rule
Vacates regulations associated with the comparable fuels and gasification exclusions
Facilities combusting hazardous wastes subject to the vacatur must comply with TCEQ's hazardous waste combustion program
Response to US Court of Appeals for DC Circuit decision
Vacated comparable fuels and gasification exclusions
EPA entitled to pursue enforcement under RCRA against non-compliant facilities
Adoption mandatory (non-HSWA)
5 Texas facilities still using comparable fuels exclusion
14 Texas facilities previously using comparable fuels exclusion had already ceased
Zero facilities using gasification exclusion nationwide
Facilities impacted by vacatur return to TCEQ HW combustion

6. Disposal of Coal Combustion Residuals from Electric Utilities
Creates an exclusion from hazardous waste regulations for certain wastes co- disposed with coal combustion residuals (CCR)
Minimal impact to affected facilities or TCEQ
Separate from regulations setting national minimum criteria for CCR landfills and surface impoundments
Adoption optional
Exclusion from haz waste regs for certain wastes co-disposed with coal combustion residuals
Predecessor documents (the 1981 Dietrich letter and the May 2000 Regulatory Determination)
Minimal impact to state
Separate from regs - national minimum criteria for CCR management in landfills and surface impoundments

7. Imports & Exports of Hazardous Waste
Amend existing regulations regarding the export and import of hazardous wastes from and into the United States
Hazardous and Solid Waste Amendments (HSWA) provisions - TCEQ will not be granted authorization to administer the regulations
Import and export related requirements more consistent with shipping requirements between members of Organization for Economic Cooperation and Development,
Electronic documentation - electronic submittal all export and import-related documents, and
Electronic validation of consent in the Automated Export System for export shipments
Adoption mandatory
Hazardous and Solid Waste Amendments - Take effect in states at the same time as federal, state not delegated, state must adopt to maintain equivalency with, and retain final authorization of RCRA
Effective date was December 31, 2016

8. Confidentiality Determinations for Hazardous Waste Export and Import Documents
Revises hazardous waste export and import regulations by applying a confidentiality determination restricting assertion of confidential business information claims
HSWA provisions - TCEQ will not be granted authorization to administer the regulations
Apply confidentiality determination: No person can assert confidential business information claims for documents related to the export, import, and transit of hazardous waste from and into the US
Consistent approach in addressing confidentiality claims for export and import documentation.
Adoption mandatory
HSWA provisions
Took effect in all states June 26, 2018

9. Hazardous Waste Electronic Manifest System User Fee; Final Rule
Establish methodology the EPA will use to determine and revise the user fees applicable to electronic and paper manifests to be submitted to the national electronic manifest system
Mixture of delegable and non-delegable regulations
Establish methodology the EPA will use to determine and revise user fees for manifests submitted to national e-manifest system
Also include non-fee related final decisions
Adoption mandatory
Different regulatory scheme than HSWA
Similar to HSWA: effective in all states June 30, 2018, launch date of electronic manifest system
Differs from HSWA: All future revisions to e-manifest act must be adopted by states, regardless of stringency or scope
Mixture of delegable and non-delegable regulations
> Using E-manifest > User Fees/Payments

10. Safe Management of Recalled Airbags
Exempts the collection of airbag waste from hazardous waste requirements when certain conditions are met
Expected to:
Eliminate burden of hazardous waste generator regulations for those entities performing removal
Accelerate the removal of dangerous and defective parts from both operative and salvaged vehicles in Texas
Exempts collection of airbag waste from HW requirements when certain conditions met
Promulgated in response to Takata recall, but applies to all airbag inflator waste
Facilitates removal of defective or recalled airbag inflators from operative and salvaged vehicles by exempting these wastes from hazardous waste regulations
Conditions for exemption mirror requirements under DOT preservation order - dealerships, salvage yards, etc already managing wastes
Adoption optional
States can implement waiver allow facilities to comply with the exemption prior to adoption without EPA enforcement or violations toward state authorization

11. RCRA Package 2 Rule project number: 2019-086-335-WS
Stakeholder Group: Summer 2019
Anticipated Proposal Agenda: Summer 2020
Anticipated Adoption Agenda: Fall 2020

12. Hazardous Waste Generator Rule Improvements
Extensive revisions to the existing hazardous waste generator regulatory program
The impacts to the TCEQ and to regulated entities are presently undecided and will be addressed through a formal stakeholder process
Extensive revisions to HW generator regulatory program
Reorg regs into new sections in same subpart in Part 262
Also address gaps, errors, and obsolete references
New flexibilities:
VSQG ship offsite without manifest to LQGs “under control of same person”
Episodic generation (avoid higher generator status) (one-time shipment
LQGs request waiver for 50’ ignitability, reactive storage
More stringent:
Biennial reporting for recyclers that don’t store (non-permitted)
Label containers/tanks with hazards, containers waste codes before ship
SQGs renotify (Texas annual waste summary)
LQG contingency plan quick reference guide
LQGs required to notify for closure (already required by 335.8)
Biennial reporting for entire year for gens that achieve LQG status at least one month
SAAs subject to container compatibility, mark with hazards, and preparedness/prevention/emerg/contingency plan
Impacts unknown, stakeholder process

13. Revisions to the Definition of Solid Waste, Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule
Vacates and revises several recycling- related provisions associated with the definition of solid waste to encourage more recycling of hazardous waste
The impacts of the changes to the TCEQ and regulated entities are currently uncertain
2008 rule was optional, TCEQ opted not adopt.
2015 rule contained both mandatory and optional provisions, which TCEQ adopted and became effective in Texas June 16, 2016
Texas program currently considered broader in scope, adoption of vacatur is optional
Changes are:
Definition of legitimate recycling - continue apply to all recycling, first 3 factors of legitimacy continue be mandatory. The 4th factor from 2015 rule vacated, reinstated th factor, must only be “considered”. (It’s not a requirement for legitimacy.)
Waste recycled offsite - parts of 2015 verified recycler exclusion vacated, reinstating parts of 2008 transfer-based exclusion. Specifically, receiving facility isn’t required to be permitted or a “verified recycler”. Generator must make a “reasonable effort” audit of recycling facility. And hazardous secondary materials may again be exported, if certain provisions are met
Facilities that provided notification and are operating as verified recycler under the 2015 rule considered to be in compliance with 2018 transfer-based exclusion. Also not required to re-notify under the 2018 rule until the prescribed re-notification date, March 1st even #’d yrs.
Effective federally May 30, 2018, Texas undecided

14. Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
Establish cost-saving and streamlined standards for handling hazardous waste pharmaceuticals
After rule becomes effective in Texas, healthcare facilities and reverse distributors will experience the greatest impact
HSWA provision - prohibition of sewering any hazardous waste pharmaceuticals
Terms healthcare facilities and reverse distributors defined in 40 CFR Part 266, new Subpart P
Considered more stringent, and must be followed for HW pharm mgmt. by all HCFs that generate above VSQG quantities, and all RDs
No generator categories (no reason to measure amount generated or separate acute and non-acute)
HCF regs similar to universal waste regs
HW pharms divided into potentially creditable or non-creditable wastes for management
RD regs similar to LQG regs
HW Pharms divided into potentially creditable and evaluated
Nicotine replacement therapy exempt from the P075 listing, dispose as non-haz waste. Not liquid nicotine, such as e-cigarettes.
For hw pharms that are also controlled substances managed according to DEA regs, pharms exempt from RCRA management
VSQG HCF may opt in to Subpart P, optional provisions of Subpart P, or just follow Part 262 VSQG regs.
Long term care facilities VSQGs may follow DEA regs, not subject to Part 266 Subpart P
Adoption mandatory
Sewering prohibition, HSWA, effective nationwide August 21, 2019
Regulations not effective in TX /facilities may not take advantage of until adopted in Texas
HCFs, RDs, and pharmacies greatest impact in TX

15. Waste Management Account (0549) Fee Increase
Increase generator, industrial solid waste and hazardous waste management fees to specified maximum amounts
Add language to allow the commission to set fees at or below the maximum amounts to respond to changing economic conditions and ensure adequate funding is maintained
The commission will raise the fees over multiple years and stop at a level that maintains adequate funding
Industrial solid waste and hazardous waste management fees have not been raised since 2001
Generator fees have not been raised since 2002

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Rulemaking approved
State revisions – corrections, remove obsolete references, etc

17. Industrial and Hazardous Waste Permits Section
Contact Information
Jarita Sepulvado
Industrial and Hazardous Waste Permits Section
(512)