| (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)."
Cont'd... |
