R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 Appendix 8: Summary of Texas Waste Regulations Rev. # 1 Effective Date: August 2004 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E 1 P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 INTRODUCTION TO STATE WASTE REGULATIONS 1.1 Purpose This appendix is designed to supplement the Federal regulatory information contained in the Waste Management Compliance Guide to assist Fisher Scientific facilities with managing hazardous waste in accordance with the regulations on the State level that differ from Federal regulations under the Resource Conservation and Recovery Act (RCRA). The majority of states, including Texas, have been authorized to administer the RCRA program, and many of them have added more stringent standards to the federal regulations; this appendix provides a guide for these more stringent regulations. There may be additional regulations on a local level that also apply to a facility, and it is essential to be familiar with these as well. This material is designed to cover the Texas requirements for both large and small quantity generators since Fisher Scientific facilities fall into both categories. However, this manual does not provide a comprehensive description of treatment, storage and disposal facility (TSDF) requirements for those facilities with Part B permits (no Fisher facilities have Part B permits). 1.2 Overview The Texas Commission on Environmental Quality (TCEQ, available on-line at http://www.tceq.state.tx.us/index.html) administers the state and federal regulations. The state regulations are equivalent to the federal rules for hazardous waste generators with additional requirements for generators including: Rev. # Texas Notice of Registration (see Section 1.4); Texas Environmental Electronic Reporting System (STEERS) (see Section 1.5); Industrial Waste Classification (see Section 2); Universal Waste (see section 2); Infectious/Medical Waste (see Section 2); One Time Shipment of Solid Waste (see Section 2); Scrap Tires (see Section 2); Electronic Waste (see Section 2); Used Oil (see Section 2); Manifest Requirements (see Section 3); Recordkeeping (see Section 4); Reporting (see Section 5); Effective Date: August 2004 App. 8-2 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E Annual reports (see Section 5); Exception Reports (see Section 5); Annual Waste Generation Fees (see Section 5); and Waste Minimization (see Section 6). S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 On-site storage requirements, transporting hazardous waste, emergency reports, emergency preparedness and prevention, and training requirements do not differ from Federal regulations. 1.3 Applicability to Fisher Scientific The Texas state regulations can be found in the Texas Administrative Code, Title 30 Environmental Quality, Part I Texas Commission on Environmental Quality, Chapter 335 Solid Waste and Municipal Hazardous Waste. The requirements for facilities that generate hazardous waste are detailed in Subchapter C. Standards Applicable to Generators of Hazardous Waste, Subchapter Q. Pollution Prevention Source Reduction and Waste Minimization and Subchapter R. Waste Classification. As generators of hazardous waste, Fisher Scientific facilities are subject to the federal RCRA regulations as well as any applicable state regulations. 1.4 Registration As generators of hazardous waste, all Fisher Scientific facilities must register with the EPA as well as the TCEQ. Generators who move onto a new site (or become newly regulated) must complete the Initial Notification Package for Hazardous or Industrial Waste Management (TCEQ-0002), available on-line or from TCEQ. The Notice of Waste Registration (NOR) Updates Form is used to update information previously submitted. Each generator will receive a Texas solid waste registration number, a notice of registration (NOR) and, if needed, an EPA identification number for their site. To acquire a stand-alone EPA identification number (ID) when a Texas solid waste registration number is not necessary (the facility is a small quantity generator of hazardous waste), fill out the Notification of Regulated Waste Activity Form (EPA 8700-12) and send it to the TCEQ for processing. The TCEQ will forward the form to the EPA. Facilities that are required to have both an EPA ID number and a Texas solid waste registration number must use the Initial Notification Package (TCEQ-0002: Notice of Registration for Hazardous or Industrial Waste Management) instead of the EPA form. These forms and their instructions are available on-line or from TCEQ. Rev. # Texas Effective Date: August 2004 App. 8-3 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 P R O C E D U R E Any of the above referenced forms should be mailed to: TCEQ Registration and Reporting Section, MC 129 P.O. Box 13087 Austin, TX 78711-3087 Phone: 512/239-6413 FAX: 512/239-6410 Part II of the Notification for Hazardous or Industrial Waste Management Form (TCEQ-0002) is used to add new waste streams to an existing notice of registration using the eight-digit waste code numbering system. Part III of the Notification for Hazardous or Industrial Waste Management Form (TCEQ-0002) is used to add a new on-site waste management unit to an existing Notice of Registration. Line-by-line instructions and all required tables and lists are included in this form package. The form accommodates one waste stream, but may be copied as many times as needed. Do not use this form to change or correct information about a waste stream that already exists on the notice of registration. Changes and corrections are to be handled by a letter. If using this form to notify of a one-time shipment of waste, identify on the form that this is a "onetime" shipment. Waste stream notifications can also be updated through the use of the State of Texas Environmental Electronic Reporting System (STEERS) (TCEQ-0710). See additional discussion in Section 2.4. Texas solid waste registration number and the EPA identification number must be used on all correspondence with federal or state agencies, as well as on all labels, manifests, and regulatory reports. The EPA ID number for this facility is: . The Texas solid waste registration number for this facility is: . More information on Texas Industrial and Hazardous Waste Registration and Reporting is available on-line or from TCEQ. 1.5 Texas Environmental Electronic Reporting System (STEERS) The State of Texas Environmental Electronic Reporting System (STEERS) is a program for generators to submit environmental data electronically. The STEERS Internet Version allows the generator to add or modify data through the Internet. Typically, facility specific data as it exists in the TCEQ main computer will be available for review. Then the generator can create and save a "work space copy" based on that information, or add and save new records to the work space copy. When the work space copy is free of errors, the generator can certify it and submit it for processing in the TCEQ main computer. The generator will then have access to a "copy of record" (a receipt) showing which records were submitted to the TCEQ for processing. Rev. # Texas Effective Date: August 2004 App. 8-4 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 P R O C E D U R E STEERS is free, and can be accessed through the Internet at http://www.tnrcc.state.tx.us/permitting/r_e/eval/we/steers.html STEERS is intended to be used by authorized employees or representatives to report environmental data. Because this data is reported to comply with environmental regulations, the personnel who submit STEERS data to the TCEQ must have the appropriate authority, such as the person responsible for the overall operation of a facility or an operation unit (i.e., part of a facility). Usually this is the plant/distribution manager, Regional ES&H Manager, or person of equivalent responsibility. To gain access to the Internet version, the on-line STEERS Participation Agreement (SPA) must be completed and submitted to the address on the application form. Current Desktop STEERS users should re-apply using this form to obtain access to the Internet version of STEERS. The Web STEERS User Manual is available on-line. There is a detailed help system in the STEERS software. TCEQ staff is available to assist users by telephone at 512-239-6925 or through e-mail at STEERS@tceq.state.tx.us. Rev. # Texas Effective Date: August 2004 App. 8-5 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E 2 S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 P R O C E D U R E WASTE IDENTIFICATION AND CLASSIFICATION 2.1 Industrial Waste All industrial solid and municipal hazardous waste generated, stored, processed, transported, or disposed of in Texas will be classified. All solid waste shall be classified at the point of generation of the waste. A generator may not dilute a waste to avoid a Class 1 classification; however, combining waste streams for subsequent legitimate processing, storage, or disposal does not constitute dilution and is acceptable. Wastes shall be classified prior to and following any type of processing or mixing of the waste. All industrial solid and municipal hazardous waste shall be classified as either: hazardous; Class 1; Class 2; or Class 3. A person who generates a solid waste shall first determine if that waste is hazardous. If a waste is determined to be nonhazardous, the generator shall then classify the waste as Class 1, Class 2, or Class 3 (see the definitions below) using one or more of the following methods: the criteria for waste classification; process knowledge; classify the waste as directed under 30 TAC 335.508 (relating to Classification of Specific Industrial Wastes); or choose to classify a nonhazardous waste as Class 1 without any analysis to support that classification. However, documentation (analytical data and/or process knowledge) is necessary to classify a waste as Class 2 or 3. Class 1 waste is any industrial solid waste or mixture of industrial solid wastes which because of its concentration, or physical or chemical characteristics, is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means, or may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or disposed of or otherwise managed. Class 2 waste is any individual solid waste or combination of industrial solid waste which cannot be described as Hazardous, Class 1 or Class 3. Class 3 waste is an Inert and essentially insoluble industrial solid waste, usually including, but not limited to, materials such as rock, brick, glass, dirt, and certain plastics and rubber, etc., that are not readily decomposable. The guidance manual, Guidelines for the Classification and Coding of Industrial Wastes and Hazardous Wastes, is available on-line or from TCEQ. All industrial solid waste and municipal hazardous waste generated, stored, processed, transported or disposed of shall be coded with an eight-digit waste code number. Procedures for assigning waste code numbers and sequence numbers are outlined as follows, and are available from the TCEQ at: Rev. # Texas Effective Date: August 2004 App. 8-6 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 Waste Permits Division Industrial and Hazardous Waste Permits Section MC 130 P.O. Box 13087 Austin, Texas 78711-3087 A waste code is represented by the following 8-digit character string: a four-digit waste sequence number, a three-digit form code (provided in Appendix 3 of 30 TAC 335.521(c)), and a one-character classification (either H, 1, 2, or 3). The sequence number is obtained by one of the following methods: In-state registered generators will assign a unique four-digit sequence number to each individual waste. These sequence numbers will range from 0001 to 9999. They need not be assigned in sequential order. An in-state registered generator may choose to request the TCEQ assign a sequence number to a specific waste which is not regularly generated by a facility and is being shipped as a one-time shipment or choose to add that waste to the regular sequence numbers on a notice of registration. Sequence numbers provided by the TCEQ may be a combination of alpha and numeric characters. The TCEQ will provide in-state unregistered generators a four-digit sequence number for each regulated waste it generates, which may be a combination of alpha and numeric characters. Generators of wastes resulting from a spill may obtain a sequence number for the spill related wastes from the agency’s Emergency Response Section. Contact information for this group is: TCEQ Emergency Response Section Industrial and Hazardous Waste Permits Section MC 130 P.O. Box 13087 Austin, Texas 78711-3087 Out-of-state generators will use the sequence code ""OUTS'' in the first four digits of the waste code. CESQGs or industrial Class 1 non-hazardous waste generators may use "CESQ" as the first four digits of the waste code. The following documentation shall be submitted by the generator to the TCEQ prior to waste shipment or disposal and not later than 90 days of initial waste generation: description of waste; date of initial waste generation; description of process that generated the waste; Rev. # Texas Effective Date: August 2004 App. 8-7 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 hazardous waste determination; all analytical data and/or process knowledge used to characterize Class 3 wastes, including quality control data; and waste classification determination. The TCEQ enters all information submitted by industrial and hazardous waste generators and onetime shipments into a database that tracks industrial and hazardous waste generation and management activities in the state of Texas. 2.2 Universal Waste Texas state regulations expand the universal waste definition to include paint and paint-related waste. The TCEQ regulatory guidance Managing Paint and Paint-Related Waste under the Universal Waste Rule is available on-line or from TCEQ. Paint and paint-related waste is used or unused paint and paint-related material which is "hazardous waste", and which is any mixture of pigment and a suitable liquid which forms a closely adherent coating when spread on a surface or any material which results from painting activities. In addition to the federal general universal waste requirements regarding accumulation, employee training spill response, etc., paint and paint-related waste must be contained in one or more of the following: a container that remains closed, except when necessary to add or remove waste; a container that is structurally sound, compatible with the waste, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or a container that is overpacked in a container that meets the previous two requirements; 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; or a transport vehicle or vessel that is closed, structurally sound, compatible with the waste, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; and a container, multiple container package unit, tank, transport vehicle or vessel that is labeled or marked clearly with the words "Universal Waste - Paint and Paint-Related Wastes". Rev. # Texas Effective Date: August 2004 App. 8-8 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 2.3 Infectious/Medical Waste Medical waste regulations of Texas are applicable to persons who generate, collect, transport, store, process, treat or dispose of special wastes from health care-related facilities which have been identified by the Board of Health as waste which requires special handling to protect human health or the environment. For more information see Medical Waste Management guidance available on-line or from TCEQ. The rules which establish procedures and requirements for the handling, transportation, and disposal of special waste from health care-related facilities (medical waste) are found in 30 TAC Chapter 330 Subchapter Y. Definitions of regulated wastes and approved treatment methods are found in 25 TAC Chapter 1 Subchapter K . 2.4 One-Time Shipment of Solid Waste The One-Time Shipment Program is used by Texas generators who are not and should not be registered with the TCEQ. Through this program generators receive a temporary Texas registration number (for one-time use only) and, if necessary, a temporary EPA ID number. To obtain a temporary registration complete the One-Time Shipment Request for Texas Waste Code for Shipment of Class 1, 2, 3, and EPA Hazardous Waste Form (TCEQ-0757), available on-line or from TCEQ. If a one-time shipment waste is reclassified after obtaining the Texas waste code number, a new form must be submitted, accompanied by the previous form and a cover sheet/letter requesting that the waste be reclassified. Conditionally exempt small quantity generators (CESQGs) that are nonindustrial or generate less than 220 pounds of Class 1 waste should not request a one-time shipment Texas waste code. According to state regulations, they may assign their own numbers using "CESQ" as the four-digit sequence number of the Texas waste code and "CESQG" as the generator ID number. If the waste is hazardous, they would assign "TXCESQG" as the EPA ID number. Normal processing time for a one-time shipment code request is 10 working days. The completed one-time shipment form must be faxed directly to the One-Time Shipment Program at 512/239-6410. Registered generators can, instead of using the One-Time Shipment Program, assign their own sequence numbers to their "one-time" wastes as long as they complete Part II of the Notification for Hazardous or Industrial Waste Management Form (TCEQ-0002) or via State of Texas Environmental Electronic Reporting System (STEERS). Whether using the paper form or the electronic method, the generator must indicate that the waste was generated on a one-time basis and should be considered inactive as of a specific date. The advantage of assigning their own sequence numbers is avoiding waiting on TCEQ to assign the sequence number to their one-time waste. Rev. # Texas Effective Date: August 2004 App. 8-9 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 P R O C E D U R E 2.5 Scrap Tires Scrap tires must be managed to prevent fires and control disease vectors (mosquitoes, rats, and snakes). Anyone that stores more than 500 scrap tires must register with the TCEQ; however, the scrap tire rules apply to all generators and handlers, regardless of whether or not they are registered. Good reusable tires are not considered to be scrap tires if they are stacked, sorted, classified, and arranged in an organized manner for sale. Good used tires that are stored in stockpiles are scrap tires. Scrap tires must be hauled by a registered transporter to an authorized facility, either a permitted landfill or a scrap tire facility. All facilities must keep manifest records showing the disposition of scrap tires. The TCEQ registers scrap tire generators, transporters, facilities, storage sites, transportation facilities, land reclamation projects using tires, and landfills. The instructions and forms for Application for Scrap Tire Management Registration are available on-line or from TCEQ. Most tire generators are not required to register, but must follow rules for storage and recordkeeping. All facilities must keep records of scrap tire management using a manifest system. Transporters, scrap tire facilities, and storage sites must file annual reports. Facilities are periodically inspected by investigators in the regional offices. Generators are tire dealers, junk yards, fleet operators, and others, who generate scrap tires. Fisher facilities do not generate scrap tires on a regular basis. Generators may not store more than 500 scrap tires on the ground. Generators who register with the TCEQ may store up to 2,000 tires in a trailer. A state sales tax identification number is required for registration. Generators must: Monitor tires stored outside for vectors at least once every two weeks. Stack, sort, classify, and arrange good used tires in an organized manner for sale. Document the removal of all scrap tires using manifests, work orders, invoices or other records. Allow only registered scrap tire transporters to remove their scrap tires. Ensure that the transporter who collects the tires delivers them to an authorized facility. Comply with all manifesting requirements if transporting their own scrap tires without registration. There are no state fees required for scrap tire management. The generator and every facility handling the tires must keep a copy of the manifest for each load. The generator completes and signs the first section of the manifest showing how many tires were picked up. The transporter signs the manifest and leaves a copy with the generator. When the tires are delivered to a permitted landfill or an authorized scrap tire facility, the final sections of the manifest are completed showing how many tires were disposed of at the facility. Rev. # Texas Effective Date: August 2004 App. 8-10 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 The completed manifest must be returned to the generator within 60 days after the scrap tires were transported off-site. The generator should notify the regional TCEQ office of any transporter or authorized scrap tire facility that fails to complete the manifest, alters the generator portion of the manifest, or does not return the manifest within three months after the off-site transportation. Originals of manifests, work orders, invoices, or other documentation must be retained by all facilities for a period of three years. The TCEQ does not provide the multi-part manifest forms. A copy of the manifest form (TNRCC10304) can be downloaded from the TCEQ website or obtained directly from TCEQ. It is permissible to keep similar documentation or an alternate record if approved by the TCEQ. 2.6 Used Oil Texas has adopted the Federal definition of "used oil", which is "any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.” Used oil generators are not required to register or report used oil recycling activities to the TCEQ. However, generators must store used oil in containers that are in good condition and labeled "used oil." Generators must respond to a release of used oil immediately by stopping the release, containing the release, and cleaning up and properly managing the used oil release and other materials. Generators must maintain records on the recycling or disposal of used oil. A generator can transport 55 gallons or less of used oil in a company vehicle or an employee's vehicle to a used oil collection center, or to a used oil aggregation point, without registering as a transporter. For more information about used oil, see Used Oil Recycling Program guidance available on-line or from TCEQ. 2.7 Electronic Waste Although computers and other electronic equipment may contain a variety of hazardous materials, their disposal is only subject to hazardous waste regulations when they become waste materials. A regulated material is not a waste until it cannot be reused, repaired, or recycled. Whoever makes this determination is considered to be the generator of the resulting waste, and is responsible for its proper disposition. When a generator disposes of electronic equipment, it must comply with all applicable laws and regulations as a generator of any hazardous waste contained in the equipment. For more information refer to the on-line guidance, “Regulations That Apply to Computer Disposal by Businesses and Other Organizations”, available on-line or from TCEQ. When a facility donates or sells surplus electronic equipment for reuse or recycling, or contracts with a vendor to recycle electronic equipment, the organization is not regulated as a generator of hazardous waste. For more information, refer to the on-line guidance “Regulations That Apply to Recyclers and Other Handlers of Electronic Waste”, available on-line or from TCEQ. Rev. # Texas Effective Date: August 2004 App. 8-11 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 For more information see the guidance “Electronics Recycling and Waste Reduction”, available online or from TCEQ. When contracting with a vendor to recycle or dispose of electronic equipment, it is important to deal with a service provider that will: identify and implement reuse, repair, and recycling options; assume generator status for all waste; and comply with all applicable laws and regulations. Under state and federal regulations, television picture tubes and computer monitors (cathode ray tubes, or CRT's) can be managed as Universal Wastes. Universal wastes are still hazardous, and must be recycled or disposed at authorized hazardous waste facilities, but they are not subject to license and manifest requirements for transport. Batteries may also be managed as universal wastes. Printed circuit boards that are shredded and recycled are exempt from regulation as solid waste. Recyclers of these components and other types of electronic equipment, however, may be subject to regulation (reporting requirements and operating standards) as generators of hazardous waste. Issues related to permitting requirements can be quite complicated. Detailed information about permitting requirements is provided in the “Summary of Regulations That Apply to the Recycling and Disposal of Electronic Products”, available on-line or or by contacting the Waste Permits Division of the TCEQ at 512/239-2334. Rev. # Texas Effective Date: August 2004 App. 8-12 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E 3 P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 UNIFORM HAZARDOUS WASTE MANIFEST The state of Texas requires the use of a Texas uniform manifest. The Texas Uniform Hazardous Waste Manifests TCEQ-20060 (Form and Instructions) can be ordered by completing the Order Form for Uniform Hazardous Waste Manifest and Instructions (TCEQ-00311), available on-line or from TCEQ. No generator of hazardous or Class 1 waste consigned to an off-site solid waste process, storage, or disposal facility within the United States or primary exporters of hazardous waste consigned to a foreign country shall cause, suffer, allow, or permit the shipment of hazardous waste or Class 1 waste unless: for generators of industrial nonhazardous Class 1 waste in a quantity greater than 100 kilograms per month and/or generators of hazardous waste shipping hazardous waste which is part of a total quantity of hazardous waste generated in quantities greater than 100 kilograms in a calendar month, or quantities of acute hazardous waste who consign that waste to an off-site solid waste storage, processing, or disposal facility in Texas; a TCEQ manifest on Form TNRCC-0311 is prepared; for generators of hazardous waste or Class 1 waste generated in Texas for consignment to another state the consignment state's manifest, if provided, or a Texas state manifest if the consignment state does not provide a manifest, is prepared; and for shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility. The manifest shall contain the following information: generator's United States Environmental Protection Agency (EPA) 12-digit identification number and the unique five-digit number assigned to the manifest by the generator. This requirement does not apply if the waste being shipped is nonhazardous or if the generator is a conditionally exempt small quantity generator of hazardous waste. total number of pages used to complete the manifest, plus the number of continuation sheets, if any (page 1 of ____). name, mailing address, and telephone number of the generator. telephone number where an authorized agent of the generator may be reached in the event of an emergency. generator's TNRCC registration and/or permit number. Conditionally exempt small quantity generators (CESQGs) of hazardous waste or industrial generators of less than 100 kg per month of nonhazardous Class 1 waste and less than CESQG limits of hazardous waste that are exempt from manifesting may voluntarily choose to manifest their hazardous or Class 1 Rev. # Texas Effective Date: August 2004 App. 8-13 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E P R O C E D U R E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 industrial nonhazardous waste. Such exempt generators may utilize the letters "CESQG" for their TNRCC generator registration number. first transporter's company name. first transporter's EPA 12-digit identification number. This requirement does not apply if the waste being shipped is nonhazardous or the transporter is a conditionally exempt small quantity generator transporting only his own hazardous waste. first transporter's state registration number. Conditionally exempt small quantity generators who are not required to notify of their transportation activities may use the letters "CESQG" as the TNRCC transporter's registration number when transporting their own hazardous or Class 1 nonhazardous waste. telephone number where an authorized agent of first transporter may be reached in the event of an emergency. second transporter's company name. second transporter's EPA 12-digit identification number. This requirement does not apply if the waste being shipped is non-hazardous. second transporter's state registration number. telephone number where an authorized agent of the second transporter may be reached in the event of an emergency. company name and site address of the facilities designated to receive the waste identified on the manifest and an alternate facility, if designated. designated facility's EPA 12-digit identification number; however, this requirement does not apply if the waste being shipped is non-hazardous. TNRCC storage, processing, or disposal facility registration and/or permit number. appropriate notation in the hazardous materials (HM) column of the Texas uniform hazardous waste manifest. The form has been designed to allow the listing of both federally regulated wastes and wastes regulated solely by the state. In order to distinguish between federally regulated wastes and other waste, as required by United States Department of Transportation (DOT) the TNRCC has added an HM column on the manifest before the DOT description. When a waste shipment consists of both federally regulated materials and stateregulated wastes, the HM column must be checked or marked for only those line entries which are regulated under federal law as hazardous wastes or hazardous materials. DOT proper shipping name, hazard class, and identification number (UN/NA) for each hazardous waste. If the shipment contains non-hazardous waste solely regulated by the TNRCC, then the TNRCC waste classification code description should be used. Rev. # Texas Effective Date: August 2004 App. 8-14 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 P R O C E D U R E number of containers for each waste and the appropriate abbreviation for the type of container. total quantity of each waste described on each line. unit of measure of each waste described on each line. TNRCC waste classification code assigned to the waste by the generator. certification by the generator stating: "I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and national government regulations, including applicable state regulations. If I am a large quantity generator, I certify that I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of processing, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment; or, if I am a small quantity generator, I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford." If a mode other than highway is used, the word "highway" should be lined out and the appropriate mode (rail, water, or air) inserted in the space provided below the word "highway". If another mode in addition to the highway mode is used, enter the appropriate additional mode (e.g., and rail) in the space provided below the word "highway." The manifest shall consist of at least the number of copies which will provide the generator, each transporter, the owner or operator of the storage, processing, or disposal facility and in the case of hazardous waste exports, the United States customs official, with one copy each for their records and another copy to be returned to the generator. No manifest is required for the shipment of Class 1 waste which is not hazardous waste to property owned or otherwise effectively controlled by the owner or operator of an industrial or manufacturing plant, provided that the property is within 50 miles of the plant or operation and the waste is not commingled with waste from any other source or sources. Rev. # Texas Effective Date: August 2004 App. 8-15 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E 4 G U I D E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 RECORDKEEPING AND REPORTING 4.1 Recordkeeping In Texas, records must be kept for at least three (3) years from the due date of the report. Records can be kept in any format but they must be easy to retrieve and copy. The retention period may be extended by the TCEQ for enforcement actions. Although not specifically required, a generator should maintain a backup copy of all records, especially if reporting electronically. Each generator shall keep records of all hazardous and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of on-site or shipped off-site for storage, processing, or disposal and which, at a minimum, includes the information described below. These records may be maintained in any format, provided they are retrievable and easy to copy. The required records must be sufficiently detailed and complete to support any contentions or claims made by the generator with respect to: the description, character, and classification of each waste, and any changes and additional information required for under the Notification of Registration; the quantity generated; except for conditionally exempt small quantity generators, the quantity held in on-site storage as of December 31 of each calendar year; the quantity processed or disposed of at each on-site facility unit during the calendar year; the method of storage, processing, or disposal as described by codes listed on the form or instructions; the quantity shipped off-site for storage, processing, or disposal each calendar year, including the name, address, and location of each off-site facility and transporter receiving shipments; and the location of all hazardous waste accumulation areas, situated at or near any point of generation, where hazardous wastes under the control of the operator of the process generating the wastes are placed in containers and initially accumulated. All analytical data and/or process knowledge allowed used to characterize hazardous, Class 1, Class 2, and Class 3 wastes, including quality control data, shall be maintained by the generator on-site immediately upon waste generation and for a minimum of three years after the waste is no longer generated or stored or until site closure. 4.2 Reporting Unregistered generators shipping hazardous or Class 1 waste, other than Class 1 waste being shipped for recycle, to either a Texas receiver or a receiver in another state or foreign country must submit the Waste Shipment Summary Form (TCEQ-0040A), available on-line or from TCEQ. Unregistered generators must submit the Waste Shipment Summary to the TCEQ on or before the 25th of each month for shipments originating during the previous month. The unregistered generator must keep a copy of each summary for a period of at least three years from the due date of Rev. # Texas Effective Date: August 2004 App. 8-16 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 the summary. Registered generators are not required to submit the Waste Shipment Summary Form. For more information regarding reporting, refer to the guidance available on-line or from TCEQ. 4.2.1 Annual Reports Generators use the Annual Waste Summary to provide information on the amount of hazardous waste and industrial Class 1 waste they generated or managed in a calendar year. Exceptions to this are those Class 1 wastes that are recycled, and those generators who generate and manage very small volumes of waste. Annual waste summary data can also be reported through the State of Texas Environmental Electronic Reporting System (STEERS.) If a facility does not generate any hazardous waste, they do not have to report to the TCEQ unless it is an industrial facility generating 220 pounds or more of Class 1 waste during a calendar month. If an industrial company generates less than 220 pounds of hazardous waste, less than 2.2 pounds of acutely hazardous waste, and less than 220 pounds of Class 1 waste during a calendar month, it does not have to notify or report to the TCEQ. Generators, whether industrial or nonindustrial, generating more than 2,200 pounds of hazardous waste in any calendar month must submit this report electronically through STEERS. Facilities generating less than 2,200 pounds of hazardous waste are encouraged, but not required to use STEERS. Industrial & Hazardous Waste Annual Waste Summary Form and Instructions are available on-line or from TCEQ. Basic instruction on using this electronic system to file annual waste management summary reports is available on-line or from TCEQ. The generator shall submit to the TCEQ a complete and correct Annual Waste Summary detailing the management of each hazardous and Class 1 waste generated on-site during the reporting calendar year. The Annual Waste Summary shall also include the management of any hazardous or Class 1 waste generated in a year previous to the reporting year, but managed in the reporting calendar year. The Annual Waste Summary shall be submitted using electronic software or paper forms provided or approved by the TCEQ. Upon written request by the generator, the TCEQ may authorize an extension to the report due date. Any registered generator, who generates 1,000 kilograms or more of hazardous waste in any calendar month, must submit the Annual Waste Summary using software provided by the TCEQ unless the TCEQ has granted a written request to use paper forms or an alternative reporting method. Generators shall report as follows. Generators submitting their Annual Waste Summary on paper forms must do so on or before January 25 of the year following the reporting calendar year. Generators submitting their Annual Waste Summary electronically must do so on or before March 1 of the year following the reporting calendar year. In addition to annual reporting, in every even-numbered year facilities subject to biennial reporting requirements shall submit the required information to the TCEQ. Upon request, this supplemental information shall be prepared in a form provided or approved by the TCEQ and submitted within the specified timeframe. Activities covered in the report shall be for the previous odd-numbered report year. Facilities subject to the United States Environmental Protection Agency biennial reporting requirements include all large quantity generators of hazardous waste for any month during the previous odd-numbered report year. Rev. # Texas Effective Date: August 2004 App. 8-17 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 G U I D E 4.2.2 Exception Reports A registered/unregistered generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste or Class 1 waste. A registered/unregistered generator must submit an exception report to the TCEQ if he has not received a copy of the manifest with the handwritten signatures of the owner or operator of the designated facility within 45 days of the date that the waste was accepted by the initial transporter. The exception report must be retained by the registered/unregistered generator for at least three years from the date the waste was accepted by the initial transporter and must include: A legible copy of the manifest for which the generator has not received TSDF confirmation; and A cover letter signed by an authorized agent of the generator detailing efforts taken to locate the hazardous waste or Class 1 waste and the results of those efforts. Before filing an exception report, it is important to first determine that the waste arrived and was managed properly at the TSDF. If that is so, and if the failure to receive a TSDF signed copy was a clerical error, obtain a letter to that effect and the manifest form itself, if it can be located. The generator is still required to submit the Exception Report, noting in the cover letter that the shipment arrived and the manifest was lost. In addition, if a facility other than the designated or alternate facility returns the manifest, an Exception Report must be filed. 4.2.3 Waste Generation Fees An annual generation fee is assessed for each industrial or hazardous solid waste generator that is required to submit a Notice of Registration and which generates Class 1 industrial solid waste or hazardous waste or whose act first causes such waste to become subject to regulation. The amount of a generation fee is determined by the total amount of Class 1 nonhazardous waste or hazardous waste generated during the previous calendar year. The annual generation fee may not be less than $50. The annual generation fee for hazardous waste shall not be more than $50,000 and for nonhazardous waste not more than $10,000. Generation fees are to be assessed according to the following schedule: Rev. # Texas Hazardous Waste Reported (Tons) Annual Fee Less than 1 ton No charge From 1 - 50 tons $100 Greater than 50 tons $2 per ton Effective Date: August 2004 App. 8-18 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 G U I D E Nonhazardous Waste Reported (Tons) Annual Fee Less than 1 ton No charge From 1 - 100 tons $50 Greater than 100 tons $.50 per ton Any claim of exemption from or adjustment to the assessment of a generation fee must be made in writing to the TCEQ prior to the due date of the assessment. Generation and facility fees are payable each year for all Class 1 industrial solid waste and hazardous waste generators. Fees must be paid by check, certified check, or money order payable to TCEQ. Annual facility fees are payable by operators regardless of whether the facility is in actual operation. All annual generation and facility fees shall be due by a date to be established by the TCEQ at the time payment is requested. For more information see TCEQ Regulatory Guidance: Waste Generation Fees available on-line or from TCEQ. Rev. # Texas Effective Date: August 2004 App. 8-19 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E 5 G U I D E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 WASTE MINIMIZATION The Waste Reduction Policy Act of 1991 (WRPA) Waste Reduction Policy was adopted by the Texas Legislature to prevent pollution in Texas, and is available on-line or from TCEQ. This Act requires certain facilities (Large Quantity Generators (LQGs) of hazardous waste, Small Quantity Generators (SQGs) of hazardous waste and Facilities that report on the TRI Form R) to: prepare a five-year pollution prevention (P2) plan; submit an executive summary of the plan; and report annually on pollution prevention activities. For more information, the reference “Does the Waste Reduction Policy Act Apply to You?” is available on-line or from TCEQ. The Waste Reduction Policy Act requires facilities to prepare a five-year pollution prevention (P2) plan. There is no required format for the plan; however, the plan must contain certain elements, including: A list of all hazardous wastes and/or TRI chemicals; The activities that generate the waste and/or TRI chemical; Explanation of P2 projects; Implementation schedule; Measurable P2 goals; Employee awareness program; Executive Summary; and P2 Planning Tools. The TCEQ has prepared a guide that details the step by step pollution prevention planning process. This guidance, “A Guide to Pollution Prevention Planning” (RG-409), is available on-line or from TCEQ. This guidance details the steps in the pollution prevention planning process for facilities that must comply under the Waste Reduction Policy Act. Additionally, TNRCC-10237: Source Reduction/Waste Minimization Executive Summary and Certificate of Completness and Correctness Form for Small Quantity Generators, Form & Instructions (RG-196, WP) assists small quantity generators (SQGs) who are not TRI Form R reporters to meet WRPA requirements and includes a one page executive summary form that must be submitted to TCEQ. This guidance is available on-line or from TCEQ. LQGs and/or TRI Form R reporters are required to report annually on their progress toward pollution prevention goals detailed in their P2 plan. The report is due each year on July 1. The purpose of the annual progress report is to encourage facilities to assess and monitor their pollution prevention efforts and measure statewide pollution prevention progress. Note that the Texas P2 Annual Progress Report is not the U.S. Environmental Protection Agency's (EPA) Waste Minimization Rev. # Texas Effective Date: August 2004 App. 8-20 Mandatory Discretionary R E G U L A T O R Y A F F A I R S M A N U A L W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E S E R I E S 1 0 0 P R O G R A M 1 0 5 . 0 1 Report. The Texas P2 forms and instructions, TCEQ-00784 (Form and Instructions): TCEQ Source Reduction and Waste Minimization Plan Annual Progress Report, Forms & Instructions, are available on-line or from TCEQ. Small-quantity generators who do not report on the TRI form R are not required to submit a P2 annual progress report, but must prepare a P2 Plan and submit the executive summary to TCEQ. Annual progress report forms can be submitted on-line (TCEQ preferred method); these forms are shorter and will save time for the Generator because redundant material is filled in automatically. Facilities can also submit their paper P2 executive summaries and annual progress reports to: Industrial Pollution Prevention Team TCEQ PO Box 13087 Austin, TX 78711-3087 Att: P2 Plans MC-112 For more assistance contact the TCEQ Industrial Pollution Prevention Team by phone at 512/2393100, fax at 512/239-3165, or by email at ipp@tceq.state.tx.us. Rev. # Texas Effective Date: August 2004 App. 8-21 Mandatory Discretionary