Texas: built on big ideas, bold ventures, and a spirit of independence. However, that independence comes with the responsibility of navigating the complex world of hazardous waste disposal.
While federal regulations provide a baseline, the Texas Commission on Environmental Quality (TCEQ) has its own set of rules, and misunderstanding them leads to fines, legal liabilities, and environmental damage.
Our guide to Texas’s hazardous waste regulations helps explain the rules, enabling you to stay compliant and operate confidently.
What is Considered Hazardous Waste in Texas?
The first step to compliance is understanding what constitutes hazardous waste.
Federally, under the Resource Conservation and Recovery Act (RCRA), a solid waste is deemed hazardous if it’s specifically listed by the Environmental Protection Agency (EPA) or if it exhibits one of four characteristics: ignitability (it can catch fire), corrosivity (it can corrode metal), reactivity (it’s unstable or explosive), or toxicity (it’s harmful when ingested or absorbed).
This “cradle-to-grave” approach ensures hazardous waste is tracked from its generation to its final disposal.
However, Texas takes it a step further. Unlike many other states, Texas has additional regulations for industrial nonhazardous wastes.
This is a critical distinction for many businesses. Industrial solid waste in Texas is categorized into three classes:
Class 1
This is the most regulated nonhazardous category.
Class 1 industrial waste is considered potentially threatening to human health and the environment if not properly managed.
Examples include latex paint, filters, or gloves contaminated with non-hazardous chemicals.
These wastes require special handling and disposal in more regulated “Class 1 Landfills.”
Class 2
These are nonhazardous industrial wastes that don’t fit into class 1 or class 3. Examples include paper, plastic, and cardboard from industrial processes.
Class 3
This category includes essentially insoluble materials, don’t react with other materials, and don’t decompose, such as demolition debris like bricks.
The key takeaway is that even if a waste isn’t federally hazardous, it might still be regulated in Texas as a class 1 industrial waste, triggering specific obligations.
To further complicate matters, Texas uses a unique 8-digit waste code system to identify waste streams.
This code, which must be included in your Annual Waste Summary (AWS) and on uniform hazardous waste manifests, consists of a 4-digit sequence number, a 3-digit form code, and a 1-digit classification code (H for Hazardous; 1, 2, or 3 for Nonhazardous waste class).
Responsibilities as a Waste Generator in Texas
Your responsibility as a generator begins with accurately determining waste.
You must classify all solid waste at the point of generation.
This involves evaluating whether it’s excluded from regulation, if it’s a listed hazardous waste, or if it exhibits any hazardous characteristics.
The TCEQ’s “Guidelines for the Classification and Coding of Industrial and Hazardous Wastes” (RG-022) is an invaluable resource for this process.
Hazardous Waste Generator Categories in Texas
The amount of hazardous waste your business generates each month directly impacts your regulatory obligations.
Texas follows the federal system of classifying generators, but with some state-specific nuances.
Very Small Quantity Generator (VSQG)/Conditionally Exempt Small Quantity Generator (CESQG)
You’re a VSQG if you generate less than 220 pounds (100 kg) of hazardous waste per month, less than 2.2 pounds (1 kg) of acute hazardous waste per month, and accumulate less than 2,200 pounds (1,000 kg) of hazardous waste on-site at any time.
Texas Rules
If your VSQG business generates more than 220 pounds of Class 1 industrial waste in any given month, you must obtain a Solid Waste Registration (SWR) and report this Class 1 waste annually to the TCEQ.
Otherwise, VSQGs are generally exempt from routine hazardous waste reporting requirements; however, they must still identify their waste, ensure proper storage, and send it to an approved disposal facility.
They also need to maintain records for at least 3 years.
Small Quantity Generator (SQG)
You generate between 220 pounds (100 kg) and 2,200 pounds (1,000 kg) of hazardous waste per month, and no more than 2.2 pounds (1 kg) of acute hazardous waste per month.
Obligations
SQGs in Texas are required to obtain an SWR and an EPA ID number.
They must use Uniform Hazardous Waste Manifests for hazardous and Class 1 industrial wastes, submit an Annual Waste Summary (AWS) by March 1st each year (or January 25th for paper submissions), and comply with waste storage, record-keeping, and emergency preparedness requirements.
Large Quantity Generator (LQG)
You generate 2,200 pounds (1,000 kg) or more of non-acute hazardous waste per month, or more than 2.2 pounds (1 kg) of acute hazardous waste per month.
Obligations
LQGs face the most stringent requirements.
They must obtain an SWR and EPA ID number, develop a formal contingency plan for emergencies, identify a 24-hour emergency coordinator, submit a Pollution Prevention (P2) plan every 5 years with annual progress reports, and adhere to strict waste accumulation timelines (generally 90 days).
They also use Uniform Hazardous Waste Manifests and submit a detailed AWS electronically by March 1st each year.
Failure to accurately determine your generator status is one of the most common hazardous waste violations in Texas, leading to significant fines.
Reporting and Recordkeeping Hazardous Waste in Texas
Maintaining meticulous records and submitting timely reports are non-negotiable for hazardous waste generators in Texas.
If your facility generates more than 220 pounds of class 1 industrial waste, or is an SQG or LQG of hazardous waste, you must obtain an Solid Waste Registration (SWR) and EPA ID Number.
This is accomplished by completing the TCEQ Form 00002 and the Core Data Form (TCEQ Form 10400).
The Annual Waste Summary (AWS) is a report for all registered generators in the state of Texas.
It details your hazardous waste and class 1 industrial waste management practices for the calendar year.
Any facility with an active SWR must file an AWS, even if it’s a “No Report Required” submission.
Detailed AWS reports are required if you generated 2,000 pounds or more of Class 1 industrial waste, 2,000 pounds or more of hazardous waste, or more than 2.2 pounds of acutely hazardous waste.
You must report acutely hazardous waste, hazardous waste (including recycled hazardous waste), and Class 1 nonhazardous industrial waste that is not recycled.
Recycled class 1 industrial wastes, universal wastes, and any non-hazardous waste generated by a non-industrial facility do not need to be reported.
Electronically via STEERS by March 1st; paper submissions (for non-LQGs only) by January 25th. LQGs must submit electronically.
Large Quantity Generators (LQGs) and Toxics Release Inventory (TRI) Form R reporters are required to prepare a five-year Pollution Prevention Plan and submit annual progress reports.
All generators must maintain records for a minimum of 3 years.
This includes Safety Data Sheets (SDS), waste determinations, manifests, and quantities of waste generated.
Hazardous Waste Manifests in Texas
The Uniform Hazardous Waste Manifest is the backbone of the “cradle-to-grave” tracking system.
It ensures that hazardous waste is accounted for from your facility to its final destination.
Texas mandates the use of the EPA’s Uniform Hazardous Waste Manifest for all hazardous and class 1 industrial waste shipments.
The 8-digit Texas Waste Code must be entered in Item 13 of the manifest. Generators can use either paper manifests or the electronic manifest (e-Manifest) system.
As the generator, you originate the manifest, ensure it’s properly completed, and retain a copy for your records.
If you don’t receive a signed copy back from the receiving facility within the specified timeframes, you must submit an exception report to the TCEQ.
Employees who sign hazardous waste manifests must be trained on the RCRA and DOT regulations governing hazardous materials.
Storage and Labeling Hazardous Waste in Texas
Proper storage and labeling are crucial for preventing accidents and ensuring safe handling of hazardous waste.
Hazardous waste must be stored in appropriate containers that are in good condition, compatible with the waste, and kept closed except when adding or removing waste.
Containers must be labeled with:
- The words “Hazardous Waste”
- The accumulation start date (the date waste was first placed in the container)
- Information about the hazards of the contents (e.g., ignitable, corrosive, reactive, toxic)
- Before shipment, EPA waste codes (e.g., D001).
- For Class 1 industrial waste, the 8-digit Texas Waste Code.
- For universal waste, “Universal Waste” and the type of waste (e.g., “Universal Waste – Batteries”).
Accumulation Time Limits:
- VSQGs – No strict time limit as long as they don’t exceed 2,200 pounds on-site.
- SQGs – Up to 180 days.
- LQGs – Generally 90 days.
SQGs and LQGs must conduct weekly inspections of their container storage areas for spills and deteriorating containers.
Liquid wastes should be stored in secondary containment to prevent spills from reaching the environment.
Managing Specific Waste Streams in Texas
Texas businesses generate a wide range of waste, and some common types are subject to specific regulations.
Used Oil
Texas law strictly prohibits the dumping of used oil on land, into sewers, or waterways, including its use as a dust suppressant.
Used oil filters are also banned from landfills.
Containers must be labeled “USED OIL.”
Recycling used oil by an approved and licensed recycler does not count towards a generator’s waste status.
While self-transporting small quantities (one 55-gallon drum or less) is permitted, a TCEQ/EPA registered transporter is generally recommended for removal.
Paint and Solvents
Texas law prohibits the disposal of paint and any other free liquids in solid waste landfills.
However, Texas is one of only two states that allow certain paint and paint-related wastes to be managed as universal waste.
This applies to hazardous used or unused pigmented/unpigmented paints, spent solvents contaminated with paint, and paint-contaminated PPE.
Universal waste paint must be labeled “Universal Waste – Paint and Paint-Related Wastes.”
Solvents, if ignitable or listed as hazardous, must be managed under general hazardous waste regulations.
Batteries
Non-hazardous batteries can typically be disposed of with regular trash in Texas.
However, batteries that meet hazardous waste criteria can be managed under the state’s universal waste regulations.
This includes types like nickel-cadmium and small sealed lead-acid rechargeable batteries.
Hand Sanitizer
Due to its high alcohol content, excess alcohol-based hand sanitizer is typically classified as an ignitable hazardous waste under RCRA.
Pouring large quantities down the drain is strongly discouraged due to fire and explosion risks in sewer systems.
For bulk amounts, professional hazardous waste management services are essential, as they ensure adherence to RCRA registration, labeling, manifesting, and reporting requirements.
Consequences of Non-Compliance
The TCEQ takes hazardous waste regulations seriously. Failure to comply can lead to severe repercussions, impacting your business’s finances, reputation, and even the freedom of its leadership.
Penalties for violations can reach up to $25,000 per day per violation, and in egregious cases, individuals may face imprisonment.
Common violations often stem from improper waste determination, incomplete reporting, exceeding on-site storage limits, and inadequate emergency training for personnel.
Remember, as the generator, you are ultimately responsible for your waste from its creation to its final disposal, even if you use a third-party hauler.
Partner with HWH Environmental, Your Texas Hazardous Waste Experts
Navigating Texas’s intricate hazardous waste regulations can feel like a full-time job. With unique classifications, specific reporting requirements, and the constant threat of non-compliance, it’s easy for businesses to feel overwhelmed.
At HWH Environmental, we specialize in providing fast, affordable, and fully compliant hazardous and non-hazardous waste disposal services throughout Texas, including major metropolitan areas such as Austin, Dallas, Fort Worth, Houston, Midland, and San Antonio.
Contact HWH Environmental today at 1-877-777-6708 or email us to schedule a personalized consultation and receive a complimentary quote.
