(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) [
November 28, 2016 (81 FR 85696)].
(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) [§335.261(b)(16)(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 [§335.77
] 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) [§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)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)[(14)] 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) [§335.261(b)(16)(F)]
of this title (relating to Universal Waste Rule)."
(18)[(15)] In 40 CFR §273.8(a)(2),
the reference to "40 CFR §262.14 [§261.5]"
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) [§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 Definitions)"] and the reference
to "§273.9" is changed to "§335.261(b)(19)(F) [
§335.261(b)(16)(F)] of this title (relating to Universal
Waste Rule)."
(19)[(16)] 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); [and]
(v)lamps, as described in 40 CFR §273.5; and [
.]
(vi)aerosol cans, as described in
40 CFR §273.6.
(20)[(17)] In 40 CFR §273.10,
the reference to "40 CFR §273.9" is changed to "§335.261(b)(19)(D)
[§335.261(b)(16)(D)] of this title (relating
to Universal Waste Rule)."
(21)[(18)] 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)[(19)] 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)[(20)] In 40 CFR §273.13(c)(2)(iii)
and (iv), references to "40 CFR parts 260 through 272 [§262.34
]" are changed to "Chapter 335 of this title (relating
to Industrial Solid Waste and Municipal Hazardous Waste) [§335.69
of this title (relating to Accumulation Time)]."
(24)[(21)] 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)[(22)] 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)[(23)] In 40 CFR §273.30,
the reference to "§273.9" is changed to "§335.261(b)(19)(C)
[§335.261(b)(16)(C)] of this title (relating
to Universal Waste Rule)."
(29)[(24)] 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)[(25)] 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)[(26)] In 40 CFR §273.33(c)(2)(iii)
and (iv), the references to "40 CFR parts 260 through 272 [
§262.34]" are changed to "Chapter 335 of this title
(relating to Industrial Solid Waste and Municipal Hazardous Waste) [
§335.69 of this title (relating to Accumulation Time)]."
(32)[(27)] 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)[(28)] 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)[(29)] 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)[(30)] 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)[(31)] 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)[(32)] 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)[(33)] 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)[(34)] In 40 CFR §273.60(a),
the reference to "§273.9" is changed to "§335.261(b)(19)(A)
[§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 " 30 Texas Administrative
Code (relating to Environmental Quality)."
(42)[(35)] 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)[(36)] 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)[(37)] 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)[(38)] 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) [§335.261(b)(16)(F)
] of this title (relating to Universal Waste Rule)."
(c)Except as provided in paragraph (4) of this
subsection, any [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 as adopted by reference
in this section.
(1)To be successful, the petitioner must demonstrate
to the satisfaction of the commission that regulation under the universal
waste rule: is appropriate for the waste or category of waste; will
improve management practices for the waste or category of waste; and
will improve implementation of the hazardous waste program. The petition
must include the information required by §20.15 of this title.
The petition should also address as many of the factors listed in
40 CFR §273.81 as are appropriate for the waste or category of
waste addressed in the petition.
(2)The commission will grant or deny a petition using
the factors listed in 40 CFR §273.81. The decision will be based
on the commission's determinations that regulation under the universal
waste rule is appropriate for the waste or category of waste, will
improve management practices for the waste or category of waste, and
will improve implementation of the hazardous waste program.
(3)The commission may request additional information
needed to evaluate the merits of the petition.
(4)Hazardous waste pharmaceuticals
are regulated under Subchapter W of this chapter (relating to Management
Standards for Hazardous Waste Pharmaceuticals) and may not be added
as a category of hazardous waste for management under this section.
(d)Any waste not qualifying for management under this
section must be managed in accordance with applicable state regulations.
(e)Crushing lamps is permissible only in a crushing
system for which the following control conditions are met:
(1)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 6009, based on an 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 with the notification requirements of §106.262
of this title (relating to Facilities (Emission and Distance Limitations)
(Previously SE 118)) is demonstrated;
(3)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 executive director approves the crushing system
in writing.
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 July 16, 2021
TRD-202102725 Robert Martinez
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 29, 2021
For further information, please call: (512) 239-2678
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