Regulations Applicable to Universal Waste | |||||||||
Code | TX Citation | FED Citation | UTA Policy | Name of Regulation | Description of Regulation | Task Definition | Contact Person | Trigger Date | Deadline Date |
UW-1 | 30 TAC 335.261 | 40 CFR 273.2 | Universal Waste - Batteries | Waste batteries, that are classified as hazardous waste, can be
collected under the streamlined collection standards for universal waste.
These universal waste standards were created in an attempt to make it easier
to collect the waste batteries and send them for recycling (or proper
treatment and disposal). Universal Waste Batteries include: - Spent lead-acid batteries which are not managed under 40 CFR part 266, subpart G - Batteries not covered under 40 CFR part 273. - Batteries, as described in Sec. 273.9, that are not yet wastes under part 261 of this chapter, including those that do not meet the criteria for waste generation in paragraph (c) of this section. - Batteries, as described in Sec. 273.9, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR part 261, subpart C. |
A handler of universal waste may conduct the following
activities: - Sorting batteries by type; - Mixing battery types in one container; - Discharging batteries so as to remove the electric charge; - Regenerating used batteries; - Disassembling batteries or battery packs into individual batteries or cells; - Removing batteries from consumer products; or - Removing electrolyte from batteries. - Universal waste batteries or a container in must be labeled or marked clearly with any one of the following phrases: "Universal Waste -- Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);" - A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation). -An unused battery becomes a waste on the date the handler decides to discard it. |
Chemical Safety Specialist | Ongoing | One year | |
UW-2 | 30 TAC 335.261 | 40 CFR 273.3 | Universal Waste - Pesticides | Universal Waste Pesticides: 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. | A large quantity handler of universal waste must manage
universal waste pesticides in a way that prevents releases to the
environment. -A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; - A tank that meets the requirements of 40 CFR part 265 subpart J, except for 40 CFR 265.197(c), 265.200, and 265.201; - Transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. |
Chemical Safety Specialist | Ongoing | One year | |
UW-3 | 30 TAC 335.261 | 40 CFR 273.4 | Universal Waste - Mercury-containing equipment | Mercury-containing equipment are devices or part of a device
(including thermostats, but excluding batteries and lamps) that contains
elemental mercury integral to its function.. Mercury-containing Universal
Waste includes: - Mercury-containing equipment that is not yet a waste under part 261 of this chapter. - Mercury-containing equipment that is not a hazardous waste. - Equipment and devices from which the mercury-containing components have been removed; - Used mercury-containing equipment becomes a waste on the date it is discarded, or unused mercury-containing equipment becomes a waste on the date the handler decides to discard it. |
Any universal waste mercury-containing equipment with
non-contained elemental mercury or that shows evidence of leakage, spillage
must be placed in a container. The container must be closed, structurally
sound, compatible with the contents of the device, and must be reasonably
designed to prevent the escape of mercury into the environment by
volatilization or any other means. - A LQ of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler: - Removes and manages the ampules to prevent breakage of the ampules. - Stores removed ampules in closed, non-leaking containers that are in good condition; - Ensures that a mercury clean-up system is readily available; - Universal waste mercury-containing equipment or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: "Universal Waste-Mercury Containing Equipment," "Waste Mercury-Containing Equipment," or "Used Mercury-Containing Equipment." |
Chemical Safety Specialist | Ongoing | One year | |
UW-4 | 30 TAC 335.261 | 40 CFR 273.5 | Universal Waste - Lamps | Waste lamps are considered "spent materials" and remain
hazardous waste even when recycled, unless they are managed as universal
wastes. Generators of waste lamps have the option of handling their lamps as
hazardous waste or as universal waste. Managing lamps as a universal waste
eases certain regulations imposed on generators of spent lamps. Lamps such as fluorescent tubes, compact fluorescent bulbs, projector lamps, and HID lamps are examples of bulbs that contain mercury compounds and require management as universal waste. |
- Lamps as hazardous waste: determination must be made by the
facility of how many lamps are generated per month to determine the
generator/handler status. - Employees handling lamps must understand the Universal Waste Rule for lamps. - The lamps should be handled carefully to prevent breakage. - Lamps must be stored in a container that is structurally sound and compatible with the contents of the lamp. It also should lack evidence of leakage, spillage, or damage. - The container should be closed unless actively adding or removing universal waste lamps. - The container must be labeled or marked with the words "Universal Waste-Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)." - A handler of universal waste lamps must be able to demonstrate the length of time that the lamps have been accumulated as a waste, which may not exceed one year. - Once a lamp breaks, it immediately releases mercury vapors into the air if not cleaned up. |
Chemical Safety Specialist | Ongoing | One year | |
UW-5 | 30 TAC 335.262(b) | TCEQ RG-370 | Universal Waste - Paint and Paint Related Materials | The universal waste rule under 30 TAC 335.262 says that paint and paint related-waste (PPRW) is: used or unused paint and paint-related material which is "hazardous waste" as defined under 335.1(56) (relating to Definitions), and as determined under 335.504 (relating to Hazardous Waste Determination); and any mixture of pigment and a suitable liquid that forms a closely adherent coating when spread on a surface or any material that results from painting activities. | Once you decide to handle PPRW as universal waste, the 8-digit
Texas waste code is no longer required. -If you are a large quantity handler of PPRW, and you have previously notified EPA about your hazardous-waste management activities, you are not required to renotify the EPA. -Universal waste handlers should not count PPRW towards their monthly hazardous waste generation. - Waste can accumulate for an entire year before sending it off to another handler facility. -Texas is the only state that recognizes PPRW as a universal waste. -You may use a common carrier for in-state transport of your PPRW managed as universal waste; however, this waste is not exempt from federal DOT standards. The words "Universal Waste - Paint and Paint- Related Wastes" must be clearly marked on each container. |
Chemical Safety Specialist | Ongoing | One year | |
UW-6 | 30 TAC 335.261-335.262 | 40 CFR 273 | Universal Waste | Requirements for handling waste batteries, pesticides, lamps, and mercury containing devices. | There are no special requirements for handling universal wastes
when the waste is intact. However, if there is damage to the container, then special precautions must be taken: If a battery is corroded or leaking it should not be handled with bare hands. Instead appropriate gloves must be used. A recalled pesticide becomes a waste on the first date on which both of the following conditions apply: The generator of the recalled pesticide agrees to participate in the recall; and the person conducting the recall decides to discard. An unused pesticide product described in paragraph of this section becomes a waste on the date the generator decides to discard it. If a mercury containing device is broken the mercury must be appropriately collected and placed in the hazardous waste disposal system. If a fluorescent light bulb is broken, the entire lamp must be collected using appropriate gloves and placed in a puncture proof container labeled as both "Broken Glass" and "Universal Waste". |
Chemical Safety Specialist; Environmental Manager | Ongoing | One year | |