Waste Classification Session 3 Notification Requirements Texas Commission

Waste Classification Session 3 Notification Requirements Texas Commission On Environmental Quality October 9, 2018 Waste Permits Division Industrial & Hazardous Waste Permits Section

Solid Waste Notification Requirements Question: How do I know if I am required to notify* the TCEQ about the wastes that my facility generates? Answer: You need to determine 2 things: 1. Your facility’s generator type; and 2. Your facility’s Hazardous Waste Generator category *Notification generally requires a facility to get a TCEQ Notice of Registration (NOR).

Solid Waste Notification Requirements In Texas, there are 3 types of generators: Ø Industrial Generators; Ø Municipal generators (a. k. a. “non-industrial generators”); and Ø Generators that are under the jurisdiction of the Railroad Commission of Texas (RRCT)

Industrial Generators Industrial Wastes An industrial waste is any waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation. If your facility generates industrial wastes, it is an Industrial Generator. Examples are wastes from power plants, manufacturing facilities, and petroleum refineries.

Industrial vs. Municipal Generators Municipal Wastes A municipal waste is a waste resulting from sources serving the public directly and do not involve manufacturing. If your facility generates municipal wastes, it is a Municipal Generator. Examples are: hospitals, schools, churches, and auto shops.

Railroad Commission of Texas (RRCT) Regulated Wastes RRCT wastes are those that come from the exploration, development, or production of oil or gas or geothermal resources. Generators of RRCT wastes are exempt from TCEQ notification requirements.

Examples

Important Fact to Note About Municipal Generators • 30 TAC Chapter 335 applies only to wastes that are either hazardous or that come from industrial sources. • Subchapter R is part of Chapter 335. • Therefore, municipal generators are only subject to Chapter 335 for their hazardous wastes.

Hazardous Waste Generator Status

Types of Hazardous Waste Generators Hazardous Waste Generator Category Type of Generator Generate greater than or equal to 1000 kg of hazardous waste or greater than 1 kg of acutely hazardous waste per month Large Quantity Generator (LQG) Generate greater than 100 kg but less than 1000 kg of hazardous waste and less than or equal to 1 kg of acutely hazardous waste per month Small Quantity Generator (SQG) Generate less than or equal to 100 kg of Conditionally Exempt Small hazardous waste and less than or equal to 1 Quantity Generator (CESQG) kg of acutely hazardous waste per month

Generator Notification Requirements Generator Type LQG SQG CESQG Industrial NOR required for both hazardous & nonhazardous wastes No NOR required unless facility generates ˃ 100 kg per month of Class 1 waste Municipal NOR required only for hazardous wastes No NOR required RRCT Regulated No NOR required

Generator Notification Requirements and Forms

Notification Requirements & Forms • Generators must notify TCEQ no more than 90 days after the wastes initial generation and before handling, shipment, or disposal. • TCEQ Form 00002 is the form to use for initial notification. • Most updates done via the State of Texas Environmental Electronic Reporting System (STEERS). Generators of ˂100 kg/month of both HW and Class 1 may either use STEERS or paper to notify.

Notification Requirements & Forms

Notification Requirements & Forms How Do You Get Forms and/or Access STEERS? Notification forms can be accessed by the following: • TCEQ Regional Office near you; • WWW. tceq. texas. gov then “Forms” link; • TCEQ publications unit by fax – (512) 239 -4488, voice (512) 239 -0028; • STEERS WWW. tceq. texas. gov then STEERS reporting or registration links

Notification Requirements & Forms Need More Help? CONTACT Permitting and Registration Support Division Registration and Reporting Section • Phone: 512 -239 -6413 (Queue) • E-Mail: wasteval@tceq. texas. gov

Generator Examples

Scenario 1 Generator Information Generator is a dry cleaner, and generates: • 120 kg/month of hazardous waste solvents; • No acutely hazardous waste; and • 110 kg/month of potentially Class 1 wastes. Does it need to be registered with the TCEQ?

Answer to Scenario 1 Yes, but only for its hazardous waste. As a municipal generator, its nonhazardous wastes, whether potentially Class 1 or not, are not subject to notification requirements. Therefore, only its hazardous waste solvents need appear on its Notice of Registration.

Scenario 2 Generator Information Generator is a petroleum refinery and it generates: • • 2200 kg/month of hazardous waste; 10 kg/month of acutely hazardous waste; 2000 kg/month of Class 1 wastes; and Numerous Class 2 wastes. Does it need to be registered with the TCEQ?

Answer to Scenario 2 Yes, as an industrial generator, and because it is a large quantity generator of hazardous waste, all of its wastes are subject to notification requirements. Therefore, all of its wastes, hazardous, acutely hazardous, and nonhazardous alike are required to appear on the facility’s Notice of Registration.

Scenario 3 Generator Information Generator is a winery, and it generates: • No hazardous waste or acutely hazardous waste; • No Class 1 wastes; and • Two Class 2 wastes (“plant trash” and scrap wood). Does it need to be registered with the TCEQ?

Answer to Scenario 3 The winery is a industrial generator. However, because it generates no hazardous waste, it is a Conditionally Exempt Small Quantity Generator. Since it generates ˂ 100 kg/month of both hazardous and Class 1 waste, it is not required to notify the TCEQ of its Generator activities nor obtain a Notice of Registration.

Scenario 4 Generator Information Generator is a commercial laboratory that does work for a variety of clients, and it generates: • • 200 kg/month of hazardous waste solvents; 1. 5 kg/month of acutely hazardous waste; 220 kg/month of Class 1 waste; and Several Class 2 wastes. Does it need to be registered with the TCEQ?

Answer to Scenario 4 Commercial laboratories can be either industrial or nonindustrial generators depending on who the majority of their clients are. Here the case is somewhat ambiguous. In general, commercial laboratories are municipal generators. So we will assume that the lab is municipal. The lab generates ˃ 100 kg per month of regular hazardous waste and ˃ 1 kg/month of acutely hazardous waste. So, if and until it is demonstrated to be other than a a municipal generator, it is only required to notify the TCEQ its hazardous wastes and have them on its NOR.

Scenario 5 Generator Information Generator is a large oil and gas drilling operation, and it generates: • • 200 kg/month of hazardous wastes; 1. 5 kg/month of acutely hazardous waste; 220 kg/month of Class 1 waste; and Several Class 2 wastes. Does it need to be registered with the TCEQ?

Answer to Scenario 5 No, the site is under the jurisdiction of the Railroad Commission of Texas. With one limited exception*, it is not subject to the jurisdiction of the TCEQ. *If the facility ships wastes to a TCEQ regulated facility, it is required to assign TCEQ waste code numbers to those wastes and ship the wastes under those numbers, but no notification to the TCEQ is required.

Scenario 6 Generator Information Generator is a smelter, and it generates: • • No hazardous wastes; No acutely hazardous waste; 1333 kg/month of Class 1 waste; and Several Class 2 wastes. Does it need to be registered with the TCEQ?

Answer to Scenario 6 Yes, because the facility is an industrial generator Since it generate more than 220 kg/month of Class 1 waste, it must notify the TCEQ and put on its NOR all of its wastes, including all Class 1 and Class 2 wastes.

What About Other Type of Facilities? The TCEQ also requires other types of facilities that deal with such waste to be register such as: Transporters; Transfer facilities; Receivers Recyclers; and Large Quantity Handlers of Universal Waste* *Simple notification only unless otherwise required to be registered and get an NOR.

Notification Requirements & Forms Need More Help on Notification? CONTACT Permitting and Registration Support Division Registration and Reporting Division • Phone: 512 -239 -6413 (Queue) • E-Mail: wasteval@tceq. texas. gov

How to Contact Us Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section MC-130 * P. O. Box 13087 * Austin, TX 78711 -3087 Phone: 512 -239 -6412 (Queue) E-Mail: IHWPER@tceq. texas. gov