16 Tex. Admin. Code § 4.192 - [Effective 7/1/2025] Trans-jurisdictional Waste Transfers
(a) Section
3.30(e) of this
title (relating to Memorandum of Understanding between the Railroad Commission
of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ))
provides a means by which certain RRC-jurisdictional waste may be managed at an
appropriate TCEQ-regulated facility and by which certain TCEQ-jurisdictional
waste may be managed at an appropriate RRC-regulated facility. Other statutes,
rules, and permits may also authorize waste between jurisdictions.
(b) Waste transfers across jurisdictional
authorities must be reported to the Commission beginning December 31, 2026.
(1) TCEQ-jurisdictional waste or waste from
another jurisdiction being received by a Commission-regulated facility shall be
reported as follows:
(A) If the receiving
facility is required by permit or rule to file a quarterly report with the
Commission, then the quarterly report must identify and quantify the waste
received from other jurisdictions.
(B) If the receiving facility is not required
by permit to file a quarterly report with the Commission, then the receiving
facility shall file a monthly report within 30 days of the end of each calendar
month in which non-jurisdictional waste was received. The monthly report shall
summarize the identity and quantity of waste received from the other
jurisdiction and shall include a copy of all waste manifests and waste
characterization documentation.
(2) RRC-jurisdictional waste that is
transferred to be managed at a facility regulated by TCEQ or another authority
shall be reported to the Commission by the generator of the waste within 30
days of the waste transfer and shall include a copy of all waste manifests and
waste characterization documentation.
(c) Beginning December 31, 2026, special
waste authorization is required for all waste transfers that are not otherwise
authorized by statute, rule, or permit. The generator of the waste is required
to obtain the special waste authorization from the appropriate
authorities.
(d) The Commission
shall create a Special Waste Authorization Form suitable for these
purposes.
Notes
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