Texas Register, Volume 8, Number 4, Pages 131-202, January 14, 1983 Page: 141
131 - 202 v. ; 28 cm.View a full description of this periodical.
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Adopted
Rulesthorough documentation. The rule will enable the
agency to carry out its objectives.
No comments were received regarding adoption of the
amendments.
The amendments are adopted under the authority of
Texas Civil Statutes, Article 4442d, 8, which pro-
vides the Texas Board of Licensure for Nusing Home
Administrators the authority to make rules not incon-
sistent with law as may be necessary or proper for
the performance of its duties and to take such other
actions as may be necessary to enable the state to
meet the requirements set forth in the Social Secur-
ity Act, 1908, United States Code Annotated,
1306 (g), the federal rules promulgated thereunder,
and other pertinent federal authority; provided,
however, that no rules shall be promulgated, altered,
or abolished without the approval of a % majority of
the board.
This agency hereby certifies that the rule as adopted
has been reviewed by legal counsel and found to be
a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 5, 1983.TRD-830153
Karl E. Bishop
Executive Director
Texas Board of Licensure for
Nursing Home AdministratorsEffekltive date: January 27, 1983
Proposal publication date: November 19, 1982
For further information, please call (512) 479-0922.TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 325. Solid Waste
Management
Subchapter L. Hazardous Waste
Management
The Texas Department of Health adopts amendments
to 325.271-325.273, 325.291, 325.294-
325.297, 325.311-325.315, 325.331-325.338,
325.340, 325.341, 325.343, 325.344, 325.346-
325.348, and 325.350. At the same time, it adopts
the repeal of S325.274, 325.292, 325.293,
325.339, 325.342, 325.345, and 325.349 and new
11325.274, 325.292, 325.293, 325.298-325.300,
325.339, 325.342, 325.345, and 325.349.
These sections deal with almost all aspects of the
department's hazardous waste management rules and
are being amended, repealed, or added to conform to
federal regulations which have been recently prom-
ulgated by the U.S. Environmental Protection Agen-
cy (EPA). in general these regulations cover genera-
tors, transporters, and treatment, storage, and dis-
posal facilities.These adopted amendments, repeals, and new rules
become effective on January 26, 1983, in order to
comply with the standards for new land disposal
facilities promulgated by EPA which become effective
on January 26, 1983. In addition, the department is
correcting omissions and discrepancies between its
regulations and federal regulations which have been
promulgated since the department last amended its
hazardous waste management rules. The Texas De-
partment of Health has already received interim
authorization for conducting a state program under
Phase I and Phase II (Components A and B) in lieu of
EPA conducting a federal program. Now, in order to
make application for interim authorization for Phase
II, Component C, these proposed amendments, re-
peals, and new rules need to become effective on the
same date as EPA's standards, i.e., January 26, 1983.
General
25 TAC 325.271-325.273
These amendments, repeals, and new rules are
adopted under the Solid Waste Disposal Act, Texas
Civil Statutes, Article 4477-7, 4(c), which provides
the Texas Department of Health with the authority to
adopt and promulgate rules consistent with the gen-
eral intent and purposes of the Act and establish
minimum standards of operation for all aspects of the
management and control of solid waste under its jur-
isdiction. In addition, these amendments, repeals, and
new rules are being adopted pursuant to the federal
requirements as explained in this preamble.
325.271. Purpose, Applicability, and Release of
Information.
(a) (No change.)
(b) Applicability. These regulations are substan-
tially equivalent to federal requirements under the
Resource Conservation and Recovery Act (RCRA) as
promulgated in 40 Code of Federal Regulations Parts
260-265 and 40 Code of Federal Regulations Parts
122-124; and they are applicable to all persons who
generate or transport municipal hazardous waste, and to
owners and operators of municipal solid waste manage-
ment facilities receiving hazardous waste for treatment,
storage, or disposal.
(c) Release of information. Any information ob-
tained or used in the administration of this hazardous
waste management program may be made available to
the administrator of the U.S. Environmental Protection
Agency (EPA) without restriction. Information obtained
and provided to EPA by the Texas Department of Health
under this provision which contains, but is not limited
to, trade secrets, processes, operations, style of work, or
apparatus or identifies statistical data and financial in-
formation shall be protected under 18 United States Code
1905 and information provided under a valid claim of
confidentiality shall be protected under the provisions of
40 Code of Federal Regulations Part 260. Claims of con-
fidentiality will bt denied,for the name and address of
any permit applicant or permittee.
(d) Signatories.
(1)-(3) (No change.)January 14, 1983 8 TexPeg 141
I
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Texas. Secretary of State. Texas Register, Volume 8, Number 4, Pages 131-202, January 14, 1983, periodical, January 14, 1983; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244554/m1/11/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.