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: 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. 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: A device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function. Mercuty 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: Hazardous lamps are considered �spent materials� and remain hazardous waste even when recycled, unless they are managed as universal wastes. Hazardous waste lamp generators have the option of handling their lamps as hazardous waste or as UW. Managing hazardous waste lamps under the UWR eases certain regulations
imposed on generators of spent lamps.
Previously, used lamps that were being recycled were considered characteristic byproducts.This removed them from regulation as wastes and therefore hazardous wastes. Used lamps that were being discarded were to be evaluated to determine whether they were hazardous.Now hazardous lamps are considered "spent materials" and remain hazardous waste even when recycled, unless they are managed as universal wastes. Hazardous waste lamp generators have the option of handling their lamps as hazardous waste or as UW. Managing hazardous waste lamps under the UWR eases certain regulations imposed on generators of spent lamps. - 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.D6
Chemical Safety Specialist Ongoing One year
UW-5 30 TAC 335.262(b) TCEQ RG-370   Universal Waste: Paint and Paint Related Materials The UW rule under 30 TAC 335.262 says that 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 UW, the 8-digit Texas waste code is no longer required.
-If you are a LQ Handler of PPRW as UW, and you have previously notified EPA about your hazardous-waste management activities, you are not required to renotify the EPA.
-UW handlers should not count these wastes toward their monthly quantity determination.
- Can accumulate the waste for an entire year before sending it off to another handler facility.
-Texas is the only state that recognizes PPRW as UW.
-You may use a common carrier for in-state transport of your PPRW managed as UW; however, this waste is not exempt from federal DOT standards.
The words "UW-Paint and Paint-Waste" or "Paint and Paint-Related Waste" must be marked clearly 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, fluorescent lamps, and mercury containing devices. There are no special requirements for the handling of Universal Wastes as long as the wastes are 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 "Broken Glass" container that has been labeled both "Broken Glass" and "Universal Waste".
Chemical Safety Specialist; Environmental Manager N/A On going