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(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)."
(c)Except as provided in paragraph (4) of this subsection,
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 adoption and found it to be a valid exercise of the agency's
legal authority.
Filed
with
the Office of the Secretary of State on January 14, 2022
TRD-202200143 Guy Henry
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: February 3, 2022
Proposal publication date: July 30, 2021
For further information, please call: (512) 239-2678
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