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Universal Waste

TCEQ Environmental Trade Fair Austin Convention Center May 6, 2014 Will Wyman, Team Leader Waste Permits Division. Universal Waste. Universal Waste (UW) Rules. 40 CFR Part 273 30 TAC Chapter 335, Subchapter H, Division 5

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Universal Waste

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  1. TCEQ Environmental Trade FairAustin Convention CenterMay 6, 2014Will Wyman, Team LeaderWaste Permits Division • Universal Waste

  2. Universal Waste (UW) Rules • 40 CFR Part 273 • 30 TAC Chapter 335, Subchapter H, Division 5 • http://www.tceq.texas.gov/permitting/waste_permits/ihw_permits/ihw_universal_waste.html

  3. Purpose of the UW Rule To ease the regulatory burden on handlers of certain types of commonly generated wastes; and To encourage handlers to properly treat and/or recycle such wastes

  4. Criteria for UW Designation • First, the waste must be a • hazardous waste; and • Second, the waste must belong to one of the 5 types of waste found in 30 TAC Chapter 335, Subchapter H, Division 5

  5. Types of UW (5) • Batteries • Banned pesticides • Mercury containing equipment

  6. Types of UW (5) • 4. Hazardous waste lamps • 5. Paint and paint related waste

  7. Advantages to being a UW • UW can be stored for up to 1 year without a permit; • UW does NOT count toward HW generator status; and • UW is NOT required to be manifested in Texas

  8. Who Can Manage UW? • Handlers; • Transporters; and • Destination Facilities

  9. Fate of Universal Waste • All UW must go to either a: • Handler; • Transfer facility; or • Destination facility

  10. Types of Universal Waste Handlers • Small Quantity Handler (SQH) – has on-site at any one time less than 5,000 kilograms (kg)(i.e., 11,000 pounds of UW)

  11. Types of Universal Waste Handlers • Large Quantity Handler (LQH) – has on site at any one time greater than or equal to 5,000 kg of UW (i.e., 11,000 pounds of UW)

  12. Small Quantity Handler Rules 40 CFR Part 273, Subpart B 30 TAC Section 335.261 30 TAC Section 335.262

  13. Large Quantity Handler Rules • 40 CFR Part 273, Subpart C • 30 TAC Section 335.261 • 30 TAC Section 335.262

  14. Small Quantity Handler (SQH) Requirements • Prevent spills or releases; • Properly label containers of UW; • Get UW offsite in 1 year or less;

  15. SQH Requirements Employees must be “informed” about how to handle UW which must include how to respond and deal with spills or releases of the type of UW produced at the handler’s facility; and

  16. SQH Requirements Must ship their UW only to another handler, a Transfer, Storage , or Destination Facility (TSDF) (including a Foreign Destination Facility).

  17. SQH are NOT Required: To have an EPA ID Number; To have waste codes on their Notice of Registration (NOR) for their UW; To keep records of their UW shipments; To report their UW on their Annual Waste Summary Report;

  18. Large Quantity Handler Requirements • Take steps to prevent spills or releases; • Clean up spills or releases;

  19. Large Quantity Handler Requirements • Properly label containers of UW; • Send to another handler or TSDF with in 1 year or less;

  20. LQH Requirements Continued • Employees must be “thoroughly familiar” with how to handle the UW at their facility which must include how to respond and deal with spills or releases of the type of UW at the Handler’s facility; and

  21. LQH Requirements Continued • Must have an EPA ID Number; • Must track and record all shipments of UW;

  22. LQH Requirements Continued • Are not required to report their UW on their Annual Waste Summary Report

  23. Transporter Rules • 40 CFR Part 273, Subpart D • 30 TAC Section 335.261

  24. Transporter Requirements • Transporters must NOT: • Treat, recycle or dilute UW; • Store UW on-site for more than 10 days without a permit;

  25. Transporter Requirements Transporters must deliver UW to either a: handler, TSDF, or a foreign destination facility. 40 CFR Part 273, Subpart E

  26. Destination Facilities Destination Facilities are those that either: Treat UW; Dispose of UW; or Recycle UW

  27. Destination Facility Rules • 40 CFR Part 273, Subpart E • 30 TAC Section 335.261

  28. Destination Facilities Requirements • Destination Facilities are subject to: • Full RCRA regulation (i.e., 40 CFR Parts 264-266 268, 270 and 124 and Section 3010); and • Notification requirements of 30 TAC Section 335.6

  29. Destination Facility Requirements Continued • A Destination Facility may send UW only to: • A UW Handler; or • Another Destination Facility (including a foreign facility). • 40 CFR 273.61

  30. Destination Facility Requirements Continued Destination Facilities must keep records of each shipment of UW received and shipments of UW sent off-site

  31. FAQ • If a waste code for a UW is not on my NOR, and I need to manifest the UW, what waste code do I use? • Answer: UNIV + Form Code + H

  32. FAQ • I am a Conditionally Exempt Small Quantity Generator and therefore do not have a solid waste generator number. If I manifest my UW, what Generator number do I use? • Answer: CESQG

  33. FAQ • Why can’t a Handler of UW accumulate UW on-site for more than 1 year? • Answer: There is a prohibition against it in 40 CFR Sections 273.15(a) and 273.35(a).

  34. FAQ • Are UW subject to the Land Disposal Restriction? • Answer: Yes, under 40 CFR Section 273.60, UW are subject to the LDR.

  35. FAQ • Can spills be managed as a UW? • Answer: No, spill residues may not be managed as UW. • 40 CFR Sections 273.17 (a & b) and 273.37 (a & b)

  36. FAQ • Can ink be a UW? • Answer: Yes, provided that it meets the conditions found in 30 TAC Section 335.262(b).

  37. FAQ • Can lead acid batteries (LAB) be managed under any portion of 30 TAC other than that of the UW rule? • Answer: Yes, LAB may be managed under either 30 TAC Chapter 335, Subchapter H, Division 4 or 5.

  38. FAQ • Can UW be disposed of along with regular plant refuse (i.e., “the trash”)? • Answer: No, UW is a hazardous waste, and should not be mixed or disposed with plant refuse.

  39. FAQ • Can UW be disposed of along with regular plant refuse (i.e., “the trash”)? • Answer: No, UW is a hazardous waste, and should not be mixed or disposed with plant refuse.

  40. How to Contact Us • Texas Commission on Environmental Quality • Industrial & Hazardous Waste Permits Section, • MC-130 • P. O. Box 13087 • Austin, TX 78711-3087 • Phone: 512-239-6412 • Fax: 512-239-6383 • E-Mail: IHWPER@tceq.state.tx.us

  41. Questions • Will Wyman • Industrial & Hazardous Waste • Waste Permits Division • (512) 239-3015 • Will.Wyman@tceq.texas.gov

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