Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter H - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES › Division 5 - UNIVERSAL WASTE RULE › Section 335.262 - Standards for Management of Paint and Paint-Related Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) This section establishes requirements for
					 managing paint and paint-related waste as described in subsection (b) of this
					 section, and provides an alternative set of management standards in lieu of
					 regulation under other portions of this chapter not otherwise referenced under
					 this section.
(b) Paint and
					 paint-related waste is used or unused paint or paint-related waste which is
					 "hazardous waste" as defined under §
											335.1 of
					 this title (relating to Definitions), as determined under §
											335.504
					 of this title (relating to Hazardous Waste Determination). Paint is a pigmented
					 or unpigmented mixture of binder and suitable liquid which forms a closely
					 adherent coating when spread on a surface. Paint-related waste is material
					 contaminated with paint that results from the packaging of paint, wholesale and
					 retail operations, paint manufacturing, and paint application or removal
					 activities, or a material derived from the reclamation of paint-related wastes
					 that is recycled in a manner other than burning for energy recovery or used in
					 a manner constituting disposal.
(c)
					 Except as otherwise provided in this section, the following definitions and
					 requirements apply to persons managing paint and paint-related wastes:
(1) Those requirements which apply to
					 universal wastes in general and the definitions under the following
					 regulations, as adopted by reference under §
												335.261 of
					 this title (relating to Universal Waste Rule): 40 Code of Federal Regulations
					 (CFR) §§273.5, 273.6, 273.10 - 273.12, 273.15 - 273.20, 273.30 -
					 273.32, 273.35 - 273.40, 273.50 - 273.56, 273.60 - 273.62, and
					 273.70;
(2) In addition to the
					 requirements referenced under paragraph (1) of this subsection, small quantity
					 handlers and large quantity handlers of universal waste must manage paint and
					 paint-related waste in accordance with §
												335.4 of
					 this title (relating to General Prohibitions). The paint and paint-related
					 waste must be contained in one or more of the following:
(A) a container that remains closed, except
					 when necessary to add or remove waste;
(B) a container that is structurally sound,
					 compatible with the waste, and that lacks evidence of leakage, spillage, or
					 damage that could cause leakage under reasonably foreseeable
					 conditions;or
(C) a container that
					 does not meet the requirements of subparagraphs (A) and (B) of this paragraph,
					 provided that the unacceptable container is overpacked in a container that does
					 meet the requirements of subparagraphs (A) and (B) of this paragraph;
					 or
(D) a tank that meets the
					 requirements of 40 CFR Part 265, Subpart J, except for
					 40 CFR §§
														265.197(c),
					 265.200,
					 and 265.201; or
(E) a transport vehicle or vessel that is
					 closed, structurally sound, compatible with the waste, and that lacks evidence
					 of leakage, spillage, or damage that could cause leakage under reasonably
					 foreseeable conditions; and
(F) a
					 container, multiple container package unit, tank, transport vehicle or vessel
					 that is labeled or marked clearly with the words "Universal Waste - Paint and
					 Paint-Related Wastes;" and
(3) For paint and paint-related waste that is
					 ignitable, reactive, or incompatible waste, the applicable requirements under
					 40
					 CFR §§
													265.17,
					 265.176,
					 and
					 265.177.