['Waste']
['Hazardous Waste', 'Solid Waste', 'Waste Transporters', 'Universal Waste', 'Waste Handlers']
01/18/2024
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The universal waste regulations streamline hazardous waste management standards for specific, federally designated wastes. The rule is designed to reduce the amount of hazardous waste items to landfills, to encourage recycling and proper disposal of certain common hazardous wastes, and to reduce the regulatory burden on businesses that generate these wastes.
In Texas, the Texas Commission on Environmental Quality, enforces the state’s solid and hazardous laws, which includes the regulation of universal wastes.
Scope
The federal regulations identify five specific categories of materials that can be managed as universal wastes: batteries, pesticides, mercury-containing equipment, lamps, and non-empty aerosol cans. The part 273 regulations define the type of materials that fall under the universal waste categories and specify in what situations that material can be considered a universal waste.
Texas allows the following wastes to be regulated as universal wastes: batteries, pesticides, mercury-containing equipment, lamps, aerosol cans, paint and paint related wastes.
Regulatory citation
40 CFR 273 — Standards for Universal Waste Management
Key Definitions
- Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
- Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
- Generator means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation.
- Lamp, also referred to as “universal waste lamp,” is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
- Large Quantity Handler of Universal Waste means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000-kilogram limit is met or exceeded.
- Mercury-containing equipment means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
- Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.
- Small Quantity Handler of Universal Waste means a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms or more of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time.
- 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).
- Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
Summary of Requirements
- Once you decide to handle PPRW as UW, the 8-digit Texas waste code is no longer required.
- PPRW managed as UW can only be sent off-site to another universal waste handler meeting the standards in 40 CFR 273.10-273.40, a destination facility meeting the standards in 40 CFR 273.60-273.62, or a foreign destination. So far, Texas is the only state that recognizes PPRW as UW. Therefore, shipments outside Texas would have to comply fully with all hazardous-waste requirements (for example: rules on transportation, manifests, and interim storage).
- Paints and paint related waste should not count these wastes toward their monthly quantity determination.
- Paint and paint related wastes qualify for handling as a universal waste: used or unused paint; spent solvents used in painting; Personal Protective Equipment (PPE), contaminated rags, gloves, and debris resulting from painting operations; coating waste paint, overspray, overrun paints, paint filters, paint booth stripping materials, paint sludges from water-wash curtains; cleanup residues from spills of paint; cleanup residues from painting and paint-removal activities; and other paint-related wastes generated as a result of the removal of paint.
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['Waste']
['Hazardous Waste', 'Solid Waste', 'Waste Transporters', 'Universal Waste', 'Waste Handlers']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.