A question from the Lone Star State August 12, 2020:

Hi Daniel,

I have a question pertaining to the PPRW. We are SQH and I have been trying to figure out if it’s ok to Cure, process, and then dispose of our paint that is classified as UW in the garbage. Some people are saying yes that this is allowed but I can not seem to find where the information and code for this is.

I would greatly appreciate your help and advice.

Must have been snagged by my spam filter because I didn’t reply until August 18th:

I can assist you. Question: What state are you in?

The reply:

Hi Daniel,

I am in Texas

Now that I was sure I could reply:

I will answer your questions below.

• No.
• As the generator of a waste you must determine if it is a hazardous waste.
• If a hazardous waste, you have the option (in Texas) to manage PPRW as a universal waste.
  • Universal waste paint & paint-related waste is unique to Texas. It is not recognized by Federal regulations of USEPA. Some states have similar universal waste types, e.g., oil-based finishes in Pennsylvania, but not nearly as broad as that of Texas.
• If you choose to manage as a universal waste instead of hazardous waste you must then manage it subject to Texas universal waste regulations.
• Texas regulations at 30 TAC 335.261(b)(18) read: (a small quantity handler of universal waste is…) “Prohibited from diluting or treating universal waste, except when responding to releases…”
• What you describe would be considered treatment and is not allowed.
• Also, universal waste may only be sent to another handler or to a destination facility, not a solid waste landfill.
• Please refer to this article I wrote summarizing the requirements for management of Paint and Paint Related Waste as Universal Waste in Texas.

I hope this helps. Please contact me with any other questions.

Conclusion:

I did not hear back from them. It may not have been the answer they wanted, but it does inform them of what they must do to comply with the regulations of the TCEQ for Texas.

Though I’m based in Illinois, I conduct training all over the country and have been to Texas for training several times. If travel costs are a limiting factor (my Onsite Training includes reimbursement for my travel costs) the same training can be provided by a live interactive webinar.

The Texas Commission on Environmental Quality (TCEQ) requires Pollution Prevention plans for the following facilities in Texas:

• Large Quantity Generator of hazardous waste.
• Small Quantity Generator of hazardous waste.
• Facility that submits the Toxic Release Inventory (TRI) Form R Report.

This workshop hosted by TCEQ will provide information on programs and resources to help create, continue, and publicize a facility’s P2 and waste management efforts.

Registration:
Early Registration (through Aug. 31): $79.00
Registration (Sept. 1 – Sept.19): $159.00
Onsite Registration (Sept. 20): $179.00

Location:
J.J. Pickle Center
10100 Burnet Road, Bldg 137
Austin, TX 78758

For more information, visit the event webpage:  Pollution Prevention Waste Management Workshop

A business should always be looking for ways to reduce the amount of waste it generates.  Those generators that are the status of a large quantity generator or small quantity generator are subject to the requirements of the Waste Minimization Certification which mandates certain pollution prevention efforts.

The state of Texas takes this one step further by including in the Texas Administrative Code a requirement for subject facilities to comply with the Pollution Prevention Planning regulations of the Texas Commission on Environmental Quality (TCEQ) at 30 TAC 335, subchapter Q.

Texas facilities subject to the Pollution Prevention Planning regulations are:

• Large quantity generators of hazardous waste and small quantity generators of hazardous waste that submit the Annual Waste Summary.
• All facilities that submit the Toxic Release Inventory (TRI).

I don’t intend to summarize all of the requirements of the P2 Planning regulations here.  Instead I’ll direct you to two guidance documents from the TCEQ:

• RG-209 Complying with the Pollution Prevention Planning Law
• RG-409 A Guide to Pollution Prevention Planning

Too much?  Need help?  Don’t worry, that’s what the TCEQ is here for!

TCEQ is hosting a Pollution Prevention Waste Management Workshop on September 7, 2016 at the J.J. Pickle Research Campus, The University of Texas at Austin.

You can find more information and/or register for the workshop at the TCEQ event page:  TCEQ Pollution Prevention Waste Management Workshop

What better way to learn the requirements of the P2 Planning regulations than the agency that enforces them?

The regulations of the Texas Commission on Environmental Quality (TCEQ) divide Texas waste generators into two categories:  industrial and non-industrial.  TCEQ regulates the hazardous waste generated by both industrial and non-industrial facilities and the non-hazardous waste generated by an industrial facility; nonhazardous waste generated by a non-industrial facility is not regulated by TCEQ.  Non-hazardous waste generated by an industrial facility is classified as either Class 1 (almost hazardous), Class 2 (plant trash and empty containers), or Class 3 (inert, harmless, and rare).

Depending on the type and amount of waste generated a facility may need to register with TCEQ to obtain a Federal EPA ID number and/or a Texas Solid Waste Registration Number and apply determine the 8-digit Texas waste code for its waste.

The purpose of this article is to identify and explain the requirements of the One-Time Shipment (OTS) Program for waste generators in Texas. (more…)

I can’t recommend enough the annual Environmental Trade Fair and Conference (ETFC) presented by the Texas Commission on Environmental Quality (TCEQ).  These two days are a conference, convention, expo, network-building, customer/client interaction, relationship building, skill improving, knowledge enhancing…great time, deep in the heart of Texas!

Though I missed the ETFC in 2014, I attended my first in 2013 and found it very helpful in improving the breadth and depth of my knowledge of the TCEQ regulations.  While I’m there entirely for issues related to waste management, there are exhibits and educational seminars on a variety of environmental regulatory topics.  Representatives of the TCEQ are there to answer your questions, so you know you are getting it right from the source.

With all the time spent learning from the TCEQ staff, I had to speed through the exhibit floor as fast as I could and an entire day wasn’t enough to see all the exhibitors – let alone speak with them.  The exhibitors I did speak with were from throughout the environmental industry and I came away with many good contacts  In several cases I was finally able to meet people face-to-face that I had done business with over the phone for years.

If you go, and I advise that you do, be prepared for two full days of networking and learning.

Mark your calendars for the 2015 Environmental Trade Fair & Conference (ETFC), May 5-6 2015, at the Austin Convention Center.

Exhibit booth sales will be opening soon:

*Pre-set double booths – Designated booths will be available on Oct 23^rd.

If you would like to purchase double booths not on sale on Oct. 23^rd, you may purchase any available booths on October 27^th.

Attendee Registration will open Monday, November 3rd at 9:00 am.

For more information on the ETFC, go to:

2015 Environmental Trade Fair and Conference

One more thing – If your Texas business generates a hazardous waste, universal waste, used oil, or a non-hazardous industrial solid waste, I advise you to attend my one-day (8 hour) training seminar held each year in Houston (January 2015, exact date TBD) and Dallas/Fort Worth (August 2015, exact date TBD).  Find me at the 2015 ETFC and I’ll give you a promotional code you can use for one of my training seminars in 2015!