Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Texas generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
To acquire a stand-alone EPA identification number (ID) (when a Texas solid waste registration number is not necessary), use the EPA Form 8700-12: Notification of Regulated Waste Activity Forms and Instructions, to determine if you are subject to the requirements under the Resource Conservation and Recovery Act (RCRA) for notifying the State of Texas of your regulated waste activities and send it to the TCEQ for processing. If you are required to have both an EPA ID number and a Texas solid waste registration number, please use the
Initial Notification Package (TCEQ-0002) and Core Data Form (TCEQ 10400) instead of this form. Mail any of the above referenced forms that you are required to fill out to: TCEQ, Registration and Reporting Section, MC 129, PO Box 13087, Austin, TX 78711-3087.Don't mistake a permit number with a solid waste registration number. Your facility only needs a permit number if your operation intends to store, treat, or dispose of hazardous or industrial waste on site. Since most operations do not need to go through the permitting process, they do not get "permit" numbers. However, industrial generators and hazardous waste generators do receive solid waste registration numbers when they notify the TCEQ of their waste activities. This number is sometimes referred to as a "registration number" or "state I.D. number."
2. How do I determine my generator status?
Texas generally follows the federal rules for defining generator status. Texas follows the federal classifications for generators but has its own definition of generators. "Generators" are defined as any person, by site, who produces municipal hazardous waste or industrial solid waste; any person who possesses municipal hazardous waste or industrial solid waste to be shipped to any other person; or any person whose act first causes the solid waste to become subject to municipal hazardous waste or industrial solid waste regulation. This is different from the federal definition.
3. How can I tell if the waste materials I handle are considered
Texas generally follows the federal rules for defining hazardous wastes.SQG's and LQGs must file a notification with required information for each generation site. Any new information or changes to the notification must be given to the TCEQ within a required number of days. CESQG's who transport only their own wastes are exempt from the requirement to give notification to the TCEQ on the required formTexas defines its own classifications of waste. Hazardous waste can fall under either "municipal hazardous waste" or "industrial solid waste." Generators must manage hazardous waste and Texas Class 1 industrial solid waste under the state's hazardous waste regulations. Each waste must be given an eight-digit waste code number, also known as a Texas waste code.Municipal hazardous waste is a municipal solid waste or mixture of municipal solid wastes, which has been identified or listed as a hazardous waste by the U.S. Environmental Protection Agency (EPA).Industrial solid waste is solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation, which may include hazardous waste" (as defined by EPAemphasis added). Industrial solid waste is further categorized as being "hazardous industrial waste" or one of three solid (nonhazardous) waste categories: Class 1, Class 2, or Class 3 wastes.
4. How long can I store hazardous wastes on site?
Texas follows the federal rules for storing hazardous wastes.Storage facilities must comply with a general performance standard and make additional notification when an emergency occurs. Owners and operators of hazardous waste storage facilities must pay monthly and annual fees.
5. Who can transport and receive the wastes I ship off site?
Texas generally follows the federal rules for shipping hazardous wastes to a TSD.Texas has its own manifest requiring both federal and state-specific information. CESQG's, under certain circumstances, may be exempt from manifest requirements.Texas defines a transporter as any person who conveys or transports municipal hazardous waste or industrial solid waste by truck, ship, pipeline, or other means. Transporters must register with the TCEQ and obtain an EPA ID number. Manifests must accompany Class I industrial waste.Transporters, in the event of a discharge, must notify local police and fire departments; the National Response Center and the TCEQ within 24 hours. There are also registration and operating requirements for nonhazardous municipal solid waste and for Class I industrial waste transporters.
6. What records do I have to keep?
Texas follows the federal rules for recordkeeping.Records should be kept on file for at least three years. All Texas generators must keep records of all their hazardous waste or industrial solid waste activities, containing specific information required by the state.
7. Do I have to file reports?
Texas follows the federal rules for reporting.SQG's must follow the same requirements as LQG's for the preparation and submission of reports.All generators must submit an Annual Waste Summary report and other possible monthly reports.
8. What training requirements do I have to meet?
Texas follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Texas these differences include:
Texas has its own 8-digit waste code that identifies each waste stream. The Texas waste code will still go on the manifest - regardless of if the waste is hazardous or not. Use two of the 6 waste code blocks in Item 13 for the Texas Waste Code. For hazardous waste, up to 4 applicable EPA codes (e.g., D001, F001, etc) will go in the remaining waste code boxes. The formula for the Texas waste code is: The 4-digit sequence number + the 3-digit form code + the 1-digit classification code. If you are shipping only non-hazardous waste, enter the 5-digit Texas Registration numbers instead of the EPA ID numbers for generator, transporter and receiver.
CESQGs of municipal hazardous waste are exempt from manifest requirements. They can voluntarily choose to manifest their hazardous or Class 1 industrial nonhazardous waste.
The TCEQ does not currently require that a copy of the manifest be sent to the state. Manifests in Texas will continue to be processed as in the past: the generator originates the manifest, keeping a copy for his records. The manifest remains with the waste throughout transit to the final destination. The manifest is signed and the copy is returned to the generator.
SQGs must comply with exception reporting rules, the same as LQGs.
Other Notes, Comments::
If one or more hazardous wastes are being shipped, EPA ID numbers will be entered for the Generator, Transporter and Receiver. If no hazardous waste is being shipped on the manifest, the 5-digit Texas registration numbers will be used.
10. What are some other differences between federal and state
The majority of hazardous waste generators are required to create and implement Source Reduction and Waste Minimization Plans and provide annual reports.Those who generate Class 1 industrial solid waste or hazardous waste, or whose act first causes such waste to become subject to regulation must pay annual generator fees, based on the amount of waste generated. There are certain exemptions for recycled waste; neutralized characteristic waste; and removal or remedial action.
- Jacqueline Hardee, Director, Permits, (512) 239-2334
- Dorca Zaragoza-Stone, Director, Permitting and Remediation Support, (512) 239-5176
- Alan Batcheller, Director, Remediation, (512) 239-4150