Texas Land Disposal Restrictions: What you need to know

Land disposal restrictions (LDRs): 30 Texas Administrative Code (TAC) 335.431

Exclusion of federal LDR provisions:

Small quantity generator (SQG) reclamation agreements: 30 TAC 335.431(c)(2)

Texas Commission on Environmental Quality (TCEQ) Office of Compliance and Enforcement

U.S. Environmental Protection Agency (EPA) Region 6

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

• Rules. Texas has adopted the vast majority of the federal rules for land disposal restrictions (LDRs) that were in effect as of June 6, 2011, including the Phase IV federal LDRs and best demonstrated available technology (BDAT). Texas, however, excludes the following federal LDRs because the U.S. Environmental Protection Agency (EPA) has not delegated authority to states to implement these rules (30 TAC 335.431(c)(2)):

—Case-by-case extensions (40 CFR 268.5)

—No-migration variances (40 CFR 268.6)

—Equivalent method variances (40 CFR 268.42(b))

—Variances from treatment standards (40 CFR 268.44)

See LDR Exceptions in the national section LAND DISPOSAL RESTRICTIONS/LAND BAN for more information about these extensions and variances.

In addition, Texas has not adopted the federal LDRs in connection with reclamation agreements, or "tolling agreements," of small quantity generators (SQGs).

• Administration and enforcement. The Texas Commission on Environmental Quality's (TCEQ) Office of Compliance and Enforcement is responsible for the administration and enforcement of the state's LDRs. EPA's Region 6 office handles the petitions for variances and requests for time extensions. In addition, when new ...