Texas Proposes to Amend “Universal Waste” Regulations

On Jan. 10, the Texas Commission on Environmental Quality (TCEQ) issued proposed amendments to the state’s Universal Waste Regulation for Paint and Paint-related Waste (PPRW).

According to TCEQ’s schedule, the amendments will likely be adopted on May 20, 2020.

TCEQ is proposing to amend its definition of PPRW under the regulation as follows:

(b) Paint and paint-related waste is used or unused paint or [and] paint-related material which is “hazardous waste” as defined under §335.1 of this title (relating to Definitions), as determined under §335.504 of this title (relating to Hazardous Waste Determination). Paint is a pigmented or unpigmented mixture of binder and [, 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].

TCEQ is proposing these amendments so that the state’s regulations are consistent with certain federal solid and hazardous waste requirements and with the Resource Conservation and Recovery Act (RCRA). The regulated communities that would be affected by this rulemaking are businesses and industries involved in the generation, transportation, treatment, storage, recycling, and/or disposal of hazardous waste and industrial solid waste.

ACA had actively sought amendments to the Texas Universal Waste regulations for PPRW aligned with what TCEQ’s is proposing.

ACA will submit comments on the proposal by the commission’s anticipated comment deadline of Feb. 11, 2020. In its comments, ACA will seek clarity for industry on what products and materials fall under the new definition of the regulation.

ACA believes further clarity on PPRW as universal waste will create better facility management and also alleviate regulatory burdens, costs, and encourage more recycling and reuse.

Contact ACA’s Rhett Cash for more information.

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