USA – TEXAS Law and Practice Contributed by: Gerald J. Pels, Elizabeth E. Mack, Gerald D. Higdon, Susan Rainey, Elizabeth Corey and Brett A. Miller, Troutman Pepper Locke LLP
business analyses relating to facility development and operations. In 2023, the Texas legislature passed a law providing that the state of Texas, not local govern- ments, has exclusive jurisdiction over the regulation of GHG emissions, to the extent not pre-empted by federal law. This law prohibits cities and counties from creating or enforcing ordinances that directly regulate GHGs. 13.2 Targets to Reduce Greenhouse Gas Emissions Texas currently does not have mandatory GHG emis- sion reduction targets. Policy and emission reduction targets are largely being set at the local level by larger cities. Texas has not established formal carbon emission tar- gets. However, starting 1 September 2023, the Texas legislature made changes to the Natural Resources Code, which now prohibits state agencies from assist- ing with or enforcing federal laws that attempt to regu- late oil and gas operations in Texas, where the state has already enacted its own legislation. The effect of this legislation on federal GHG reduction efforts is unclear. Texas entities operating in California should also be aware of a new California law with disclosure requirements for entities making claims regarding achievements of “net zero emissions,” “carbon neu- trality,” or “significant reductions” in GHG emissions. By 1 January 2025, entities making these claims must post accurate information supporting their basis for these assertions. Reporting entities are required to update their disclosures at least annually under this California law. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs The Texas DSHS has the responsibility to administer federal asbestos regulations and enforce the asbes- tos NESHAP in Texas. The DSHS also implements the Texas Asbestos Health Protection Rules, which require licensing and registration for asbestos abate- ment workers or workers in any asbestos-related regulated activity:
• abatement practices and procedures; • operations and maintenance requirements; • notification and record-keeping standards; and • training requirements. The TCEQ administers the industrial solid waste regu- latory programme that governs PCB waste generated by industrial activity in Texas. Further, the RRC gov- erns PCB waste from oil and gas activities. 15. Waste 15.1 Key Laws and Regulatory Controls The SWDA and the Texas Water Code create a frame- work that aligns closely with federal environmental laws. Although the requirements do not perfectly align with federal waste regulations, Texas offers a more detailed classification of waste streams. 15.2 Retention of Environmental Liability Waste generators are generally liable for their waste, even after it is legally disposed of or transferred to another party. 15.3 Circular Economy Requirements Texas requires television and computer equipment manufacturers to offer consumers a used equip- ment collection and recycling programme under the Computer Recycling and TV Recycling Programmes. Television and computer equipment retailers are also subject to these rules. Retailers may only sell labelled equipment and must order and sell equipment from manufacturers that are on TCEQ’s list of manufactur- ers with an approved recycling programme. 15.4 Rights and Obligations Applicable to Waste Operators Waste generators and waste facility operators gen- erally bear responsibility consistent with federal law. Texas, however, has a detailed waste classification system, which expands regulation to wastes based on differing classifications, other than merely hazardous or non-hazardous.
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