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 335.261 - Universal Waste Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 establishes requirements for managing universal wastes as defined in this
					 section, and provides an alternative set of management standards in lieu of
					 regulation, except as provided in this section, under all otherwise applicable
					 chapters under 30 Texas Administrative Code. Except as provided in subsection
					 (b) of this section, 40 Code of Federal Regulations (CFR) Part 273 is adopted
					 by reference as amended in the
Federal Register
through
					 December 9, 2019 (84 FR 67202).
(b)
					 40 CFR Part 273 , except
					 40 CFR
					 §§
												273.1,
					 273.20,
					 273.39(a) and
					 (b),
					 273.40,
					 273.56,
					 273.62(a),
					 and 273.70, is adopted
					 subject to the following changes:
(1) The term
					 "regional administrator" is changed to "executive director" or "commission"
					 consistent with the organization of the commission as set out in the Texas
					 Water Code, Chapter 5.
(2) The
					 terms "U.S. Environmental Protection Agency" and "EPA" are changed to "the
					 Texas Commission on Environmental Quality," "the agency," or "the commission"
					 consistent with the organization of the commission as set out in Texas Water
					 Code, Chapter 5. This paragraph does not apply to
					 40
					 CFR §
													273.32(a)(3) or
					 §
												273.52 or to
					 references to the following: "EPA Acknowledgment of Consent" or "EPA
					 Identification Number."
(3) The
					 term "treatment" is changed to "processing."
(4) The term "universal waste" is changed to
					 "universal waste as defined under § 335.261(b)(19)(F) of this title
					 (relating to Universal Waste Rule)."
(5) The term "this part" is changed to
					 "Chapter 335, Subchapter H, Division 5 of this title (relating to Universal
					 Waste Rule)."
(6) In
					 40 CFR §
													273.2(a) and
					 (b), references to " 40 CFR Part 266 ,
					 Subpart G," are changed to "§
												335.251
					 of this title (relating to Applicability and Requirements)."
(7) In
					 40 CFR §
													273.2(b)(2), the reference
					 to "part 261 of this chapter" is changed to "Chapter 335 of this title
					 (relating to Industrial Solid Waste and Municipal Hazardous Waste)."
(8) In
					 40 CFR §
													273.3(b)(1), the reference
					 to " 40
					 CFR §
													262.70 " is changed to "§
					 335.57 of this title (relating to Farmers)." Also, the phrase " (40 CFR §
													262.70 addresses pesticides disposed of on
					 the farmer's own farm in a manner consistent with the disposal instructions on
					 the pesticide label, providing the container is triple rinsed in accordance
					 with
					 40 CFR §
													261.7(b)(3)) " is
					 deleted.
(9) In
					 40 CFR §
													273.3(b)(2), the reference
					 to " 40 CFR parts 260 through 272 " is changed to "Chapter 335 of this title
					 (relating to Industrial Solid Waste and Municipal Hazardous Waste)."
(10) In
					 40 CFR §
													273.3(b)(3), the reference
					 to "part 261 of this chapter" is changed to "Chapter 335 of this title
					 (relating to Industrial Solid Waste and Municipal Hazardous Waste)."
(11) In
					 40 CFR §
													273.3(d)(1)(i) and (ii),
					 references to "
					 40 CFR §
													261.2 " are changed to "§
												335.1 of
					 this title (relating to Definitions)."
(12) In
					 40 CFR §
													273.4(a), the reference to
					 "§273.9" as it relates to the definition of "mercury-containing equipment"
					 is amended to include the commission definition of "thermostats" as contained
					 in § 335.261(b)(19)(E) of this title (relating to Universal Waste Rule)
					 and in
					 40 CFR §
													273.4(b)(1), the reference
					 to "part 261 of this chapter" is changed to "Chapter 335 of this title
					 (relating to Industrial Solid Waste and Municipal Hazardous Waste)."
(13) In
					 40 CFR §
													273.5(b)(1), the reference
					 to "part 261 of this chapter" is changed to "Chapter 335 of this title
					 (relating to Industrial Solid Waste and Municipal Hazardous Waste)."
(14) In
					 40 CFR §
													273.6(b)(1), the reference
					 to "part 261 of this chapter" is changed to "Chapter 335 of this title
					 (relating to Industrial Solid Waste and Municipal Hazardous Waste)."
(15) In
					 40 CFR §
													273.6(b)(2), the references
					 to "part 261, subpart C, of this chapter" and "part 261, subpart D, of this
					 chapter" are changed to "Chapter 335, Subchapter R of this title (relating to
					 Waste Classification)."
(16) In
					 40 CFR §
													273.6(b)(3), the reference
					 to "§ 261.7 of this chapter" is changed to "§
												335.41(f)
					 of this title (relating to Purpose, Scope and Applicability)."
(17) In
					 40
					 CFR §
													273.8(a)(1), the
					 reference to "
					 40
					 CFR §
													261.4(b)(1) " is
					 changed to "§
												335.1 and
					 §
												335.402(5)
					 of this title (relating to Definitions; and Definitions)" and the reference to
					 "§273.9" is changed to "§ 335.261(b)(19)(F) of this title (relating
					 to Universal Waste Rule)."
(18) In
					 40
					 CFR §
													273.8(a)(2), the
					 reference to "
					 40 CFR
					 §
													262.14 " is changed to "
					 40 CFR
					 §
													262.14 as adopted under § 335.53
					 of this title (relating to General Standards Applicable to Generators of
					 Hazardous Waste) " and the reference to "§273.9" is changed to "§
					 335.261(b)(19)(F) of this title (relating to Universal Waste Rule)."
(19) In
					 40
					 CFR §
													273.9, the following definitions
					 are changed to the meanings described in this paragraph.
(A) Destination facility--A facility that
					 treats, disposes, or recycles a particular category of universal waste, except
					 those management activities described in
					 40 CFR §
														273.13(a) and
					 (c) and
					 40 CFR §
														273.33(a) and
					 (c), as adopted by reference in this section.
					 A facility at which a particular category of universal waste is only
					 accumulated is not a destination facility for purposes of managing that
					 category of universal waste.
(B)
					 Generator--Any person, by site, whose act or process produces hazardous waste
					 identified or listed in 40 CFR part 261 or whose act first causes a hazardous
					 waste to become subject to regulation.
(C) Large quantity handler of universal
					 waste--A universal waste handler (as defined in this section) who accumulates
					 at any time 5,000 kilograms or more total of universal waste (as defined in
					 this section), calculated collectively. This designation as a large quantity
					 handler of universal waste is retained through the end of the calendar year in
					 which 5,000 kilograms or more total universal waste is accumulated.
(D) Small quantity handler of universal
					 waste--A universal waste handler (as defined in this section) who does not
					 accumulate at any time 5,000 kilograms or more total of universal waste (as
					 defined in this section), calculated collectively.
(E) Thermostat--A temperature control device
					 that contains metallic mercury in an ampule attached to a bimetal sensing
					 element, and mercury-containing ampules that have been removed from these
					 temperature control devices in compliance with the requirements of
					 40 CFR §
														273.13(c)(2) or §
													273.33(c)(2)
					 as adopted by reference in this section.
(F) Universal waste--Any of the following
					 hazardous wastes that are subject to the universal waste requirements of this
					 section:
(i) batteries, as described in
					 40 CFR §
															273.2;
(ii) pesticides, as described in
					 40 CFR §
															273.3;
(iii) mercury-containing equipment, including
					 thermostats, as described in
					 40 CFR §
															273.4;
(iv) paint and paint-related waste, as
					 described in §
														335.262(b)
					 of this title (relating to Standards for Management of Paint and Paint-Related
					 Waste);
(v) lamps, as described in
					 40 CFR §
															273.5; and
(vi) aerosol cans, as described in
					 40 CFR §
															273.6.
(20) In
					 40
					 CFR §
													273.10, the reference to "
					 40
					 CFR §
													273.9 " is changed to "§
					 335.261(b)(19)(D) of this title (relating to Universal Waste Rule)."
(21)
												40
					 CFR §
													273.11(b) is
					 changed to read as follows: "Prohibited from diluting or treating universal
					 waste, except when responding to releases as provided in
					 40 CFR §
													273.17; managing specific wastes as provided
					 in
					 40 CFR §
													273.13; or crushing lamps under the control
					 conditions of § 335.261(e) of this title (relating to Universal Waste
					 Rule)."
(22) In
					 40 CFR §
													273.13(a)(3)(i), the
					 reference to " 40 CFR parts 260 through 272 " and the reference to " 40 CFR
					 part 262 " are changed to "Chapter 335 of this title (relating to Industrial
					 Solid Waste and Municipal Hazardous Waste)."
(23) In
					 40 CFR §
													273.13(c)(2)(iii)
					 and (iv), references to " 40 CFR parts 260
					 through 272 " are changed to "Chapter 335 of this title (relating to Industrial
					 Solid Waste and Municipal Hazardous Waste) ."
(24) In
					 40 CFR §
													273.13(d)(1), the phrase
					 "adequate to prevent breakage" is changed to "adequate to prevent breakage,
					 except as specified in § 335.261(e) of this title (relating to Universal
					 Waste Rule)."
(25) In
					 40 CFR §
													273.13(e)(4)(iv), the
					 reference to "
					 40 CFR
					 262.14,
					 262.15,
					 262.16,
					 or
					 262.17
					 " is changed to "§ 335.53 of this title (relating to General Standards
					 Applicable to Generators of Hazardous Waste)."
(26) In
					 40 CFR §
													273.13(e)(4)(v), the
					 reference to "
					 40 CFR
					 262.11 " is changed to "§ 335.53 of this
					 title (relating to General Standards Applicable to Generators of Hazardous
					 Waste)" and the reference to " 40 CFR parts 260 through 272 " and the reference
					 to "40 CFR part 262" are changed to "Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste)."
(27) In
					 40 CFR §
													273.17(b), the reference to
					 " 40 CFR parts 260 through 272 " and the reference to "40 CFR part 262" are
					 changed to "Chapter 335 of this title (relating to Industrial Solid Waste and
					 Municipal Hazardous Waste)."
(28)
					 In 40 CFR §
													273.30, the reference to "§273.9" is
					 changed to "§ 335.261(b)(19)(C) of this title (relating to Universal Waste
					 Rule)."
(29)
												40
					 CFR §
													273.31(b) is
					 changed to read as follows: "Prohibited from diluting or treating universal
					 waste, except when responding to releases as provided in
					 40 CFR §
													273.37; managing specific wastes as provided
					 in
					 40 CFR §
													273.33; or crushing lamps under the control
					 conditions of § 335.261(e) of this title (relating to Universal Waste
					 Rule)."
(30) In
					 40 CFR §
													273.33(a)(3)(i), the
					 reference to " 40 CFR parts 260 through 272 " and the reference to "40 CFR part
					 262" are changed to "Chapter 335 of this title (relating to Industrial Solid
					 Waste and Municipal Hazardous Waste)."
(31) In
					 40 CFR §
													273.33(c)(2)(iii)
					 and (iv), the references to " 40 CFR parts
					 260 through 272 " are changed to "Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste) ."
(32) In
					 40 CFR §
													273.33(c)(4)(i), the
					 reference, "40 CFR part 261, subpart C," is changed to "Chapter 335, Subchapter
					 R of this title (relating to Waste Classification)."
(33) In
					 40 CFR §
													273.33(c)(3)(ii), the
					 reference, " 40 CFR parts 260 through 272," is changed to "Chapter 335 of this
					 title (relating to Industrial Solid Waste and Municipal Hazardous
					 Waste)."
(34) In
					 40 CFR §
													273.33(d)(1), the phrase
					 "adequate to prevent breakage" is changed to "adequate to prevent breakage,
					 except as specified in § 335.261(e) of this title (relating to Universal
					 Waste Rule)."
(35) In
					 40 CFR §
													273.33(e)(4)(iv), the
					 reference to "
					 40 CFR
					 262.14,
					 262.15,
					 262.16,
					 or §
												262.17
					 " is changed to "§ 335.53 of this title (relating to General Standards
					 Applicable to Generators of Hazardous Waste)."
(36) In
					 40 CFR §
													273.33(e)(4)(v), the
					 reference to "
					 40 CFR
					 262.11 " is changed to "§ 335.53 of this
					 title (relating to General Standards Applicable to Generators of Hazardous
					 Waste)" and the reference to " 40 CFR parts 260 through 272 " and the reference
					 to "40 CFR part 262" are changed to "Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste)."
(37) In
					 40 CFR §
													273.37(b), the reference to
					 " 40 CFR parts 260 through 272 " and the reference to "40 CFR part 262" are
					 changed to "Chapter 335 of this title (relating to Industrial Solid Waste and
					 Municipal Hazardous Waste)."
(38)
					 In
					 40 CFR §
													273.52(a), the reference to
					 "40 CFR part 262" is changed to "Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste)."
(39) In
					 40 CFR §
													273.52(b), the reference to
					 "40 CFR part 262" is changed to "Chapter 335 of this title (relating to
					 Industrial Solid Waste and Municipal Hazardous Waste)."
(40) In
					 40 CFR §
													273.54(b), the reference to
					 " 40 CFR parts 260 through 272 " and the reference to "40 CFR part 262" are
					 changed to "Chapter 335 of this title (relating to Industrial Solid Waste and
					 Municipal Hazardous Waste)."
(41)
					 In 40 CFR §
													273.60(a), the reference to
					 "§273.9" is changed to "§ 335.261(b)(19)(A) of this title (relating
					 to Universal Waste Rule)" and the reference to "parts 264, 265, 266, 268, 270,
					 and 124 of this chapter" is changed to " 30 Texas Administrative Code (relating
					 to Environmental Quality)."
(42) In
					 40
					 CFR §
													273.60(b), the
					 reference to "
					 40 CFR §
													261.6(c)(2) " is changed to
					 "§
												335.24
					 of this title (relating to Requirements for Recyclable Materials and
					 Nonhazardous Recyclable Materials)."
(43) In
					 40 CFR
					 §
													273.80(a), the
					 reference to "
					 40 CFR
					 §
													260.20 and §
												260.23
					 " is changed to "§
												20.15
					 of this title (relating to Petition for Adoption of Rules) and §
					 335.261(c) of this title (relating to Universal Waste Rule)."
(44) In
					 40 CFR
					 §
													273.80(b), the
					 reference to "
					 40 CFR
					 §
													260.20(b) " is
					 changed to "§
												20.15
					 of this title (relating to Petition for Adoption of Rules)."
(45) In
					 40
					 CFR §
													273.81(a), the
					 reference to "
					 40
					 CFR §
													260.10 " is changed to "§
												335.1 of
					 this title (relating to Definitions) and the reference to "§273.9" is
					 changed to "§ 335.261(b)(19)(F) of this title (relating to Universal Waste
					 Rule)."