(a) Purpose. The purpose of this subchapter is to identify hazardous wastes that are restricted from land disposal and define those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.
(b) Scope and Applicability.
  (1) Except as provided in paragraph (2) of this subsection, the requirements of this subchapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.
  (2) The requirements of this subchapter do not apply to any entity that is either specifically excluded from coverage by this subchapter or would be excluded from the coverage of 40 Code of Federal Regulations (CFR) Part 268 by 40 CFR Part 261, if those parts applied.
  (3) Universal waste handlers and universal waste transporters, as defined in and subject to regulation under Subchapter H, Division 5 of this chapter (relating to Universal Waste Rule) are exempt from 40 CFR §268.7 and §268.50.
(c) Adoption by Reference.
  (1) Except as provided in paragraph (2) of this subsection, and subject to the changes indicated in subsection (d) of this section, the regulations contained in 40 CFR Part 268, as amended in the Federal Register through February 22, 2019 (84 FR 5816) are adopted by reference.
  (2) The following sections of 40 CFR Part 268 are excluded from the sections adopted in paragraph (1) of this subsection: 40 CFR §§268.1(f), 268.5, 268.6, 268.7(a)(10), 268.13, 268.42(b), and 268.44.
  (3) Appendices IV, VI - IX, and XI of 40 CFR Part 268 are adopted by reference as amended through July 14, 2006 (71 FR 40254).
(d) Changes to Adopted Parts. The parts of the CFR that are adopted by reference in subsection (c) of this section are changed as follows:
  (1) The words "Administrator" or "Regional Administrator" are changed to "Executive Director;"
  (2) The word "treatment" is changed to "processing;"
  (3) The words "Federal Register," when they appear in the text of the regulation, are changed to "Texas Register;"
  (4) In 40 CFR §268.7(a)(6) and (7), the applicable definition of hazardous waste and solid waste is the one that is set out in this chapter rather than the definition of hazardous waste and solid waste that is set out in 40 CFR Part 261.
  (5) In 40 CFR §268.50(a)(1), the reference to "§§262.16 and 262.17 " is changed to "40 CFR §262.16 and §262.17 as adopted under §335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste)."
  (6) In 40 CFR §268.50(a)(4), the reference to "§§266.502 and 266.503 of this chapter" is changed to "§335.755 of this title (relating to Standards for Healthcare Facilities Managing Non-Creditable Hazardous Waste Pharmaceuticals) and §335.757 of this title (relating to Standards for Healthcare Facilities Managing Potentially Creditable Hazardous Waste Pharmaceuticals)."
  (7) In 40 CFR §268.50(a)(5), the reference to "§266.510 of this chapter" is changed to "§335.771 of this title (relating to Standards for the Management of Potentially Creditable Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals by Reverse Distributors)."

Source Note: The provisions of this §335.431 adopted to be effective November 23, 1993, 18 TexReg 8218; amended to be effective February 22, 1994, 19 TexReg 969; amended to be effective March 22, 1995, 20 TexReg 1657; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective April 4, 1999, 24 TexReg 2352; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective August 16, 2007, 32 TexReg 5010; amended to be effective October 29, 2009, 34 TexReg 7321; amended to be effective February 21, 2013, 38 TexReg978; amended to be effective January 8, 2015, 40 TexReg 77; amended to be effective February 3, 2022, 47 TexReg 318