(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 [Title] 30 Texas Administrative Code. Except as provided in subsection (b) of this section, [Title] 40 Code of Federal Regulations (CFR) Part 273 is adopted by reference as amended and adopted in the Federal Register through August 5, 2005 (70 FR 45508) [July 6, 1999 at 64 FedReg 36466]. (b)[Title] 40 CFR Part 273, except §273.1, is adopted subject to the following changes.[:] (1)(No change.) (2)The terms "U.S. Environmental Protection Agency" and "EPA" are changed to "the Texas Commission on Environmental Quality [ Texas Natural Resource Conservation Commission]," "the agency," or "the commission" consistent with the organization of the commission as set out in [the] 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) - (11)(No change.) (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 [changed to "] §335.261(b)(16)(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) - (14)(No change.) (15)In 40 CFR §273.8(a)(1), the reference to "40 CFR §261.4(b)1 [§261.5]" is changed to "§335.78 of this title (relating to Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators)" and to "§335.402(5) of this title (relating to the Definition of Hazardous Household Waste)" and the reference to "§273.9" is changed to "§335.261(b)(16)(F) of this title (relating to Universal Waste Rule)." (16)In 40 CFR §273.9, the following definitions are changed to the meanings described in this paragraph.[:] (A)Destination facility--A ["Destination Facility" means 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 ["Generator" means 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 [ "Large Quantity Handler of Universal Waste" means 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 [ "Small Quantity Handler of Universal Waste" means 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 ["Thermostat" means 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.[; and] (F)Universal waste--Any ["Universal Waste" means 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); and (v)lamps, as described in 40 CFR §273.5. (17) - (20)(No change.) [(21)In 40 CFR §273.13(c)(3)(ii), 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)."] (21) [(22)] 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)." (22) [(23)] 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)." (23) [(24)] In 40 CFR §273.20(a), the reference to "40 CFR §§262.53, 262.56(a)(1) through (4), (6), and (b) and 262.57" is changed to "§335.13 of this title (relating to Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste) and §335.76 of this title (relating to Additional Requirements Applicable to International Shipments)." (24) [(25)] In 40 CFR §273.20(b), the reference to "subpart E of part 262 of this chapter" is changed to "§335.13 of this title and §335.76 of this title." (25) [(26)] In 40 CFR §273.30, the reference to "§273.9" is changed to "§335.261(b)(16)(C) of this title (relating to Universal Waste Rule)." (26) [(27)] 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)." (27) [(28)] 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)." (28) [(29)] In 40 CFR §273.33(c)(2)(iii) and (iv), the references to "40 CFR §262.34" are changed to "§335.69 of this title (relating to Accumulation Time)." (29)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)." (30)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)." [(30)In 40 CFR §273.33(c)(3)(ii), 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) - (37)(No change.) (38)In 40 CFR §273.60(a), the reference to "§273.9" is changed to "§335.261(b)(16)(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 "[Title] 30 Texas Administrative Code (relating to Environmental Quality)." (39) - (40)(No change.) (41)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)." (42)(No change.) (c)Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste rule may file a petition for rulemaking under this section, §20.15 of this title, and 40 CFR Part 273, Subpart G [subpart G of 40 CFR part 273] as adopted by reference in this section. (1) - (3)(No change.) (d)(No change.) (e)Crushing lamps is permissible only in a crushing system for which the following control conditions are met: (1)an [An] exposure limit of no more than 0.05 milligrams of mercury per cubic meter is demonstrated through sampling and analysis using Occupational Safety and Health Administration (OSHA) Method ID-140 or National Institute for Occupational Safety and Health Method Number [No.] 6009, based on an eight-hour [ eight- hour] time-weighted average of samples taken at the breathing zone height near the crushing system operating at the maximum expected level of activity; (2)compliance [Compliance] with the notification requirements of §106.262 of this title (relating to Facilities (Emission and Distance Limitations) (Previously SE 118)) is demonstrated; (3)documentation [Documentation] of the demonstrations under paragraphs (1) and (2) of this subsection is provided in a written report to the executive director; and (4)the [The] executive director approves the crushing system in writing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 27, 2006
TRD-200600451 Stephanie Bergeron Perdue
Acting Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 12, 2006
For further information, please call: (512) 239-0177
|
