(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 [and] paint-related material 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[, and which is any mixture of pigment
and a] suitable liquid which forms a closely adherent coating
when spread on a surface [or any material which results from
painting activities].
(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): [Title] 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.
(d)Hazardous waste determinations under subsection
(b) of this section shall be documented at the time of the determination
and maintained for at least three years.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on December 20, 2019
TRD-201904981 Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: February 9, 2020
For further information, please call: (512)
239-6812
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