texas

Q&A: Can I cure, process, then dispose universal waste paint in the garbage? Asking for a friend in Texas.

Q&A: Can I cure, process, then dispose universal waste paint in the garbage? Asking for a friend in Texas.

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.

Note: PPRW = Universal Waste Paint and Paint-Related Waste

Note: SQH = Small Quantity Handler of universal waste
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

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
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.

Contact me the next time hazardous waste generator USEPA training is due to expire.

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.

TCEQ Pollution Prevention Waste Management Workshop – Registration Now Open!

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.

Not sure of your hazardous waste generator status?

 Take this short survey

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

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste in Texas

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

One-Time Waste Shipment Program in Texas

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…)

State and Federal Surplus Property Available for Eligible Organizations

The Bullet:
TCEQ training for hazardous waste personnel

TCEQ regulates hazardous and non-hazardous waste from both industrial and non-industrial facilities.

Eligible organizations may take advantage of the availability of surplus property acquired by the State of Texas and by the Federal Government.  Property is available for a small processing fee which is usually much less expensive than purchasing the items through traditional channels.

Who:

The Texas Facilities Commission (TFC) manages the disposition of surplus property donated to the state by federal programs.

Examples of organizations eligible for the Federal Surplus Property Program include: cities, counties, state agencies, political subdivisions, public & private schools, colleges, universities, museums, libraries, medical institutions, child care centers, drug abuse treatment centers, public airports, educational radio stations, utility providers and other conservation agencies, select veterans service organizations (per the For Vets Act of 2013), Service Educational Activities (such as the Boys & Girl Scouts, YMCA, Red Cross, JROTC), and providers of assistance to the homeless, impoverished, or elderly. For a detailed list of eligible organizations, please visit: http://www.gsa.gov/portal/content/105055.

The state program is a little different in that unlike the federal program, state surplus property is offered for sale to the general public. After a ten day posting period, where only qualified entities can purchase, the state surplus property goes to the Austin warehouse to be sold to the general public. TFC also offers state surplus property for sale to the general public through online auctions at www.lonestarauctioneers.com.

What:

The federal program obtains property from the federal government and donates the property only to qualified organizations (see “Who”) for a small handling fee.  Commonly available items include, but are not limited to, heavy equipment, tools, generators, fire trucks, trailers, vehicles, and furniture.

Some commonly available items through the state surplus program include office furniture, office supplies, knives, multi-tools, cars, trucks, and SUVs.

Where:

Not applicable

When:

Not applicable.

Why:

Sometimes the best way not to generate a waste is to reuse an existing resource.  The Surplus Property Program (State or Federal) seeks to do just that.

How:

The program is not funded by the legislature, but is totally supported by the revenues generated from handling fees. This means that the cost of maintaining the staff and facilities are passed on to the program participants in the form of the handling fee. Handling fees will vary according to condition of the item and demand, but are usually significantly lower than the cost of comparable items on the open market. The difference in value is considered a “donation” from the federal government; hence, participants in the program are referred to as “donees.”

Conclusion:

For more information on the State and Federal Surplus Property Programs and to view available inventory, please visit their website:  http://tfc.state.tx.us/divisions/supportserv/ or contact Megan Sim at megan.sim@tfc.state.tx.us or 512-463-4551.

The 2015 Environmental Trade Fair and Conference Presented by the TCEQ is Approaching!

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!

TCEQ training for hazardous waste personnel

TCEQ regulates hazardous and non-hazardous waste from both industrial and non-industrial facilities.

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.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

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:

Six or more booth sales Monday, October 20th at 9:00 am CST
Four or more booth sales Tuesday, October 21st at 9:00 am CST
Three or more booth sales Wednesday, October 22nd at 9:00 am CST
*Pre-set Double booth sales Thursday, October 23rd at 9:00 am CST
One or more booth sales Monday, October 27th at 9:00 am CST

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

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

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!

Interested in a Training Seminar that covers this topic, and more?

My Training Seminar Schedule

Former Texas Logistics Company Manager Sentenced for Falsifying Shipping Documents

The Bullet:

The deliberate falsification of HazMat shipping papers by a company official led to conviction and sentencing in a criminal court.

TCEQ training for hazardous waste personnel

The USEPA may enforce Federal regulations even in states such as Texas that have authorized hazardous waste programs of their own.

Who:

The Defendant is Mr. Ryan Thomas, former Logistics Manager for CES Environmental Services in Houston, Texas.

The case was investigated by EPA’s Criminal Investigation Division and the U.S. Department of Transportation, the Texas Commission on Environmental Quality, the Houston Police Department, the U.S. Department of Labor and the U.S. Coast Guard. It was prosecuted by the Department of Transportation with assistance of Department of Justice’s Environmental Crimes Section.

What:

Mr. Thomas was sentenced to 12 months’ probation, ordered to pay a $500 fine, and to serve 100 hours of community service.

Where:

The CES Environmental Services facilities in question are located in Houston and Port Arthur, TX.

Mr. Thomas was sentenced in U.S. District Court in Beaumont, Texas.

When:

Mr. Thomas was sentenced on July 14, 2014.

Why:

Mr. Thomas produced manifests that falsely indicated that three cargo tank motor vehicles of wastewater originated from the CES Houston plant when in fact, they were produced and shipped from the CES Port Arthur (PACES) plant.  The PACES location had been placed on a moratorium after a November 3, 2008, accident in which a CES driver was overcome by vapors released during the offloading of wastewater.  The disposal facility placed the moratorium on all loads of waste-water from the PACES location until the cause of the accident could be identified and new inbound load testing protocols were agreed to.  Mr. Thomas’ actions sought to circumvent this moratorium.

How:
US Department of Justice will prosecute RCRA & HazMat violations

Criminal prosecution may result from deliberate violations of Agency regulations

The deliberate falsification of HazMat shipping papers caused this case to be treated as a criminal case and not a civil.  The USEPA has the authority to turn cases such as these over to the Department of Justice who then prosecutes criminal cases on their behalf.

Conclusion:

Usually, violations of Agency regulations result in civil penalties and forfeitures.  In situations where deliberate falsification is suspected – such as this one – criminal prosecution may result.  Whether civil or criminal, no person or company wants to subject itself to the problems that non-compliance can bring.  Make certain that your facility is in compliance with the regulations of the USEPA, your state, and the USDOT for the cradle-to-grave management of hazardous waste and the transportation of hazardous materials.  I can assist you with compliance in several ways:

Contact me with any questions you may have about the transportation of hazardous materials

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
  • Contact me with a question about the regulations or for a free training consultation.
  • Subscribe to my Monthly Newsletter.
  • Arrange for one of my many training options to ensure all of your personnel are familiar with the applicable regulations.

    Like this article?

    Subscribe to my Monthly Newsletter

    No marketing emails!

 

The Identification of Solid Waste in Texas

TCEQ training for hazardous waste personnel

TCEQ regulates hazardous and non-hazardous waste from both industrial and non-industrial facilities.

Though very similar to those of the USEPA, as a state with an authorized hazardous waste program under RCRA, Texas waste regulations – created and enforced by the Texas Commission on Environmental Quality (TCEQ) – have their own state-specific nuances.  For a person in Texas subject to these regulations, slight differences between state and Federal regulations can make a big difference.  This article will look at one aspect of the waste regulations of the TCEQ in Texas:  What is, and isn’t, a Solid Waste. (more…)

Pioneer Natural Resources in Amarillo, TX is Awarded the Texas Environmental Excellence Award

By taking an innovative approach to its pigging operations Pioneer Natural Resources earned for itself a 2014 Texas Environmental Excellence Award (TEEA). Using a three-tiered approach, Pioneer was able to reduce its operational emissions by 90 percent.  For its efforts, Pioneer was recognized with other winners’ projects at a banquet held on the last night of the TCEQ Environmental Trade Fair and Conference in Austin, TX.  BTW, I wasn’t able to make the TCEQ conference even though I had already registered and paid.  I highly recommend attendance at the conference in 2015 for anyone who does business in Texas.

So what did Pioneer do?  Well, you can read a short summary below, but much more information about the project and a short video summary is available here:  http://teea.org/winners/2014/pollution-prevention/pioneer-natural-resources

First, Pioneer installed larger barrels for pig launching and receiving.  These larger barrels held more pigs – natch! – resulting in less venting of natural gas to the atmosphere when valves are opened to add or remove them.

Secondly, the pressure in the barrels was reduced from 100 pounds of pressure to 1 pound prior to opening.  The result:  Less venting of natural gas to the atmosphere.

And finally, Pioneer installed suction drain lines to route accumulated natural gas liquids back into production.  This differs from standard industry practice which is to drain the liquids into open-air tubs that evaporate into the air.  Yikes!  Really?  That’s “standard industry practice”?

What is pigging?

Pigging is a standard industry process involving running a spherical ball, called a pig, through a pipeline to sweep out accumulated produced liquids and debris.  Loading and retrieving pigs into and from a pipeline often requires opening several hatches and valves that allow small amounts of natural gas to vent into the atmosphere.

Interested in snagging a TEEA for your company in 2015?  The 2015 Application Cycle will open August 2014. Visit the TEEA site to apply. http://teea.org/texas-environmental-excellence-awards

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

I’ve been conducting Training Seminars and Onsite training in Texas for several years now on the topics of Hazardous Material transportation and Waste Management.  And though they are more strict and more broad than  those of the USEPA and most other states (California being the exception) the regulations of the TCEQ for the management of hazardous waste, Used Oil, Universal Waste, and Non-Hazardous Industrial Solid Waste can be understood.  It just takes good training.

Stay Informed of the Activities of the Texas Commission on Environmental Quality: Subscribe to TCEQ Rules e-Mail Updates

As a state authorized to create and enforce its own regulations, Texas has taken distinctive measures to protect its air, land, and water resources from the impacts of the regulated industry within its borders.  From my limited scope of the regulations pertaining to waste (hazardous waste, universal waste, used oil, & non-hazardous industrial waste) I can say that understanding the regulations of the TCEQ – not to mention compliance with them – can be a challenge.

TCEQ training for hazardous waste personnel

TCEQ regulates hazardous and non-hazardous waste from both industrial and non-industrial facilities.

All businesses in Texas must comply with the applicable regulations of the Texas Commission on Environmental Quality (TCEQ).

But to their credit, the TCEQ provides a multitude of tools for your use; one of them that I make great use of is a subscription to the TCEQ Rules e-Mail Updates.  More information is available on the TCEQ website:  TCEQ Rules EMail Updates, or if you’re ready to subscribe now you may sign up as a new subscriber: Sign up for e-mail updates or, change your existing profile to include it:  Access your user profile to add this subscription.

By subscribing you’ll receive updates on all topics before the TCEQ, whether it’s a new rule or a schedule for a public hearing.  To give you an idea of  the information available I have included below an entry for the week of April 11, 2014:

Items filed with the Chief Clerk for Future Agenda(s):

  • None

Items Continued or Remanded for Future Agenda(s):

  • Adoption, SB 1727: Light-Duty Motor Vehicle Purchase or Lease Incentive Program (Rule Project: 2013-039-114-AI) has been moved to the April 30, 2014 Agenda.

New Rule Projects Approved by the Executive Director:

  • None

Items Submitted for Texas Register Publication:

Petition for Rulemaking Received:

  • None

More information can be found in the TCEQ Rule Projects database.

 As I indicated above, I’ve been subscribed for over a year now and have found it a welcome weekly notice in my email:  a quick scan to see if there is any information of interest to me, a deeper look if necessary, and then deleting it and moving on knowing that nothing that affects my business is going to happen in Texas that week.  Take advantage of this free tool from the TCEQ to assist you in complying with the State of Texas regulations.

If you need training, then consider these options:

Daniels Training Services will help you to understand the solvent-contaminated wipe exclusion

Any employee who is involved in generation or handling of hazardous waste at an LQG must be trained annually

  • Attend my one-day, all-Texas, training seminars.  I spend 8 hours covering nothing but the generation, management, and off-site transportation of waste (hazardous waste, universal waste, used oil, & non-hazardous industrial waste) in Texas.
  • Onsite Training.  Delivered right to your door and containing only the Texas-specific regulations that you and your personnel need to know.  Train everybody all at once for one low, flat fee.

And if you don’t need training, then don’t hesitate to contact me with a questions.  I’m glad to help.

Recycling Industrial Waste (both Hazardous and Non-Hazardous) and Non-Industrial Hazardous Waste in Texas

A generator of any waste in Texas must take care to ensure compliance with the regulations of the Texas Commission on Environmental Quality (TCEQ).  The first step is to determine if the waste generated is an industrial solid waste or a non-industrial solid waste (read:  The Identification of Industrial and Non-Industrial Waste in Texas).  Only hazardous waste from a non-industrial source is subject to TCEQ regulation whereas both hazardous and non-hazardous waste from an industrial source is subject to regulation by the TCEQ.  But no matter whether it is hazardous waste from a non-industrial source or all waste from an industrial source, there is the possibility that, if recycled properly, the waste may be excluded from some or all regulation of the TCEQ.

TCEQ training for hazardous waste personnel

Exemptions from regulation are available for both hazardous and non-hazardous waste

To quote the TCEQ, “The regulations that govern industrial and hazardous waste recycling are fairly complex.”  That, I believe, is a Texas-sized understatement!  These regulations can be very complex, so proceed with caution.  After reading this summary of the existing regulations I suggest you conduct further research (additional sources of information are available at the end of this article). (more…)