Section 335.261 - Universal Waste Rule(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.30 Tex. Admin. Code § 335.261
The provisions of this §335.261 adopted to be effective July 16, 1997, 22 TexReg 6457; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effective October 24, 1999, 24 TexReg 9293; amended to be effective April 30, 2000, 25 TexReg 3547; amended to be effective August 3, 2006, 31 TexReg 6048; amended to be effective October 29, 2009, 34 TexReg 7321; amended by Texas Register, Volume 40, Number 01, January 2, 2015, TexReg 92, eff. 1/8/2015; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3790, eff. 6/11/2020; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0343, eff. 2/3/2022