Managing Your HHW Program: Additional Program Guidance
Expectations for this Section
The requirements of Subchapter N specifically apply to the collection of material that is Household Hazardous Waste. However, in the course of managing an HHW program, operators may need to be aware of a variety of other specific programs or departments both within the TCEQ and local, state, and federal agencies that have their own rules and requirements. Below you will find a number of resources—documents, webpages, and forms—that your particular program may be required to comply with. This list is not necessarily exhaustive.
General inquiries can still be coordinated through the HHW program manager:
Are you a program manager or interested in starting a collection program? Receive free updates by e-mail and text when this page is updated! Select "Program Assistance for Household Hazardous Waste Managers" in the Waste Management Category.
To navigate through the various topics on this page, select any of the items below.
|Other TCEQ Program Areas||Other State or Federal Agencies||Outlined in HHW Rules|
|Used Automotive Oil||Pharmaceutical Take Back||Exemptions from HHW|
|Electronics Collections||Rendering (Yellow Oil)||Collections of BOPA|
|Stormwater Permits||DOT Requirements||Items for Reuse|
|Promotional Materials||Storage & Accumulation|
|General Shipping of HHW|
Used Automotive Oil
During collections, program managers may trigger requirements under the TCEQ Used Oil Recycling Program. Collection and transportation of used oil is regulated under 30 TAC 324 Subchapter A. Considerations for maintaining compliance with that program include:
- Registration requirements—If you collect or transport used oil and oil filters, you may be required to complete a registration separately with the TCEQ Used Oil Program as a used oil collection center or used oil handler. Collection centers must register biannually, in odd-numbered years, while transporters and transfer facilities have a single one-time registration. If you host a mobile collection event, operate a point-of-generation collection program, or coordinate a BOPA collection event, you must utilize a registered Used Oil Transporter to manage the transportation of ANY amount of used oil collected.
- Reporting requirements - If you have a used oil registration through the TCEQ, you may be required to report annually to the Used Oil Program using Form TCEQ-00567. That reporting deadline is January 25.
For a quick view of used oil and used oil filter management, including a table of who registers with and reports to the TCEQ, see Used Oil and Used Oil Filters in Texas.
The Small Business and Local Government Assistance Section's General Recycling Facility Compliance Checklist includes a specific set of questions for used oil and oil filters (page 8) that can be a helpful tool used routinely as a self audit for rule compliance.
The Texas Recycles Computers and Texas Recycles TVs Programs should be familiar to HHW managers who choose to collect either of these items. Collections of used electronics receive an exclusion from the HHW Program rules as long as materials collected are not determined to be a waste at the time of collection and are not handled in a way that renders them unusable. Because of this exclusion, programs and managers are typically advised against using terms such as "E-waste" or "electronic waste."
If you choose to include a collection of used electronics in conjunction with an HHW event, it is important for you to be familiar with the requirements outlined in the computer and television program rules (such as registration requirements through the TCEQ), especially if you are working directly with a recycler as your vendor.
If you operate a Household Hazardous Waste permanent facility, you may need to comply with stormwater permitting requirements, based off the Standard Industrial Code (SIC) you designate for your facility—this is most commonly the TPDES Multi-Sector General Permit (MSGP).
If your facility is subject to stormwater reporting, consider whether you also qualify for a Conditional No-Exposure Exclusion—RG-467 provides guidance on who is eligible for this exclusion as well as how and where to apply.
For more information or questions about stormwater permitting, e-mail email@example.com.
Consider using the following information for your announcements and promotional materials:
- Types and quantities of waste that will or will not be accepted
- Instructions for safely packaging and transporting waste to a collection
- Location of a collection site or facility and hours of operation or collection
- Eligibility criteria for who can bring waste
The TCEQ has no restrictions on linking to our site as long as a fee is not charged to access our material. However, the TCEQ agency logo should not be used for any promotional material or in any situation without prior approval by the TCEQ.
The use of the logo is typically reserved for entities that have a relationship with the TCEQ, such as co-hosting an event, though in some cases certain Councils of Governments have been pre-authorized for purposes of acknowledgment as Solid Waste Grant recipients—check with your COG or the TCEQ. The logo should not be used just to provide a graphic for linking to the agency from your website. The TCEQ Logo Public Use Style Guide provides more information on this subject.
Recovery and disposal of prescription and over-the-counter medications has increased in popularity in recent years, especially with the emergence of National Take Back days. The Drug Enforcement Agency (DEA) is the primary regulating entity for the handling of controlled substances defined and regulated under the Controlled Substances Act. Because of that, at a minimum, an HHW operator would need to coordinate with local or potentially federal law enforcement.
However, an entity could fall under HHW program requirements if both of the following conditions are met:
- A collection is held and items that are considered household hazardous waste (listed or characteristically hazardous identification) are collected
- The total weight of materials designated as household hazardous waste is more than 100 pounds for a collection entity in a given year.
In the absence of Take Back programs, the FDA has authored Guidelines for How to Dispose of Unused Medicines.
Waste cooking oil and recyclable cooking oil fall under rendering requirements regulated through the Texas Department of State Health Services under the Texas Renderers' Licensing Act. You must consider such things as the container specifications and transportation standards—requirements that you can find in the document above. As with used oil, you can always consider contracting with a group that has already obtained the required permits for these operations.
- Household collections organized for the purpose of reuse or recycling any combination of Batteries, used Oil and oil filters, Paint, or Antifreeze (BOPA)
- A collection of less than 100 pounds of HHW in a given year
- Retailers accepting waste of the same type they sell
- Agricultural pesticide collections where incidental amounts of HHW may also be received, as long as no fees are charged for the collection and a registered hazardous waste transporter and hazardous waste Treatment, Storage and Disposal Facility (TSDF) are used
- A collection of used electronic equipment from the public, provided a waste determination is not made, the electronics are not handled in a way that renders them useless, and no HHW is collected. This is why managers are typically advised against using terms such as "E-waste" or "Electronic waste."
- A TSDF may receive HHW directly from households and is excluded from the HHW program requirements, except that they meet the reporting requirement.
Regardless of exemption from HHW requirements, collection or aggregation, transportation, and disposal must still comply with state and federal laws. See additional guidance provided here for specifics.
For local governments and organizations wishing to host a collection, a hosted BOPA-only event can be a lower-cost option. These items are consistently the highest surrendered materials during an HHW event.
The BOPA collection receives an exemption from the HHW rules (30 TAC 335.401(c)). However, other rules apply for proper transportation and disposal of some of these items. For example, in Texas, it is illegal to dispose of used automotive oil, oil filters, and lead-acid batteries in the landfill. BOPA collectors must still manage the aggregated material appropriately. Be aware of the following requirements:
- Collection and transportation of used oil is regulated (30 TAC 324 Subchapter A). Transportation of used oil aggregated at a BOPA or other HHW event must be by a registered Used Oil Transporter.
For a quick view of used oil and used oil filter management, including a table of who registers with and reports to the TCEQ, see Used Oil and Used Oil Filters in Texas or The Used Oil Recycling Handbook.
- Batteries that are collected at an event must be appropriately packaged, labeled, and transported to their final destination according to Department of Transportation (DOT) requirements.
The expectation of HHW program managers is for management of received waste to be prioritized in the following order (30 TAC 335.405(a)(4)):
- Reuse for the product's intended purpose
- Recycling for energy recovery
- Treatment to destroy hazardous characteristics (neutralization)
- Treatment to reduce hazardous characteristics
- Underground injection
- Land disposal
There are multiple benefits associated with segregating and offering useable material for reuse. Primarily, you reduce your disposal cost at your facility or during your event when materials are diverted from the waste streams. The materials within your permanent facility that are appropriately set aside for reuse are also exempt from the storage requirements in the rule, potentially keeping some programs under the 3,000 kg limit that would then trigger a 10-day disposal timeline. Your community also favors the chance to take for themselves materials that would have otherwise been discarded.
Reuse of collected materials does still fall under some regulation. Most importantly, if the reuse material is at any point shipped for processing or disposal without having been transferred to another person (for example, if it is taken home by an individual), then it must be handled appropriately under Subchapter N rules if it is HHW.
The HHW rules specify lengths of time that HHW is allowed to be retained or accumulated at a site based on the amounts and the program type (30 TAC 335.409(e) and 30 TAC 335.411(c)(4)). Below is a simplified chart of those requirements:
|Program Type||Aggregated HHW Amount||Transfer or Disposal Timeline|
|Point-of-generation||>100 pounds||72 hours|
|Mobile or 1-Day||>100 pounds||72 hours|
|Permanent Facility||<3,000 kg (~6,600 pounds)||6 months|
|Permanent Facility||>3,000 kg (~6,600 pounds)||10 days*|
*If good management practices do not allow materials to be shipped from a permanent facility within 10 days, a Storage Extension Request Form may be submitted to the TCEQ for review and approval to allow for a longer period of accumulation. The intent of storage extension is to allow moderate flexibility, especially for high-volume permanent facilities; it is not intended to be used or requested as an alternative to good management practices.
Facilities should calculate the material on-site that is considered household hazardous waste in determining their aggregated amounts; material collected at a facility that would not meet the definition of HHW does not need to be included in aggregated pounds for purposes of determining the maximum accumulation period allowed.
Under no circumstances is HHW allowed to be stored for greater than 180 days, regardless of accumulated amounts or whether or not an extension has been granted for a facility (30 TAC 335.409(e)(1)(C)).
Operators at permanent facilities should also consider that depending on your site construction, fire code may increase the need to ship more often, and may not allow accumulation amounts that would necessitate a storage extension. Check with your local government and fire marshal for these standards.
The HHW rules allow for shipping aggregated HHW in the following ways (30 TAC 335.413):
|Point-of-generation||Mobile or 1-Day||No||DOT requirements still apply|
|Mobile collection||Mobile or 1-Day||No||DOT requirements still apply|
|Any program type||Permanent Facility||No||DOT requirements still apply|
|Any program type||Hazardous Waste TSDF||Yes||If applicable, can ship as UW*|
*When applicable, there is allowance for shipping as Universal Waste under a Bill of Lading, following Texas Universal Waste requirements.
In short, if HHW is transferred to a facility other than another HHW program, it is required to fall under the same shipping requirements as if it were hazardous waste, to include manifesting requirements and use of an EPA-registered hazardous waste transporter.
The process for obtaining an EPA hazardous waste transporter ID can be found on the TCEQ website. The forms that will be needed include the TCEQ Core Data Form (TCEQ-10400 and Instructions), Notification for Hazardous or Industrial Waste Management (TCEQ-00002 and Instructions), and EPA Notification of Regulated Waste Activity (EPA 8700-12).
All transportation of HHW regardless of destination is required to comply with Department of Transportation standards and rules (see below).
HHW programs are required to abide by current DOT standards when transporting HHW. The USDOT has established packaging and transportation requirements to include:
- Proper waste packaging instructions
- Proper marking and labeling instructions
- Proper shipping name, identification number, and hazardous class for manifest preparation
- Placarding for transportation of waste
For USDOT regulatory information, call 1-800-467-4922.
HHW rules require that shipment copies of shipping paperwork are retained for at least one year from the date of shipment (30 TAC 335.413(a)(4)).
Transporting Waste in Texas - A Guide to Regulations (RG-086)
Aggregated HHW must meet certain requirements regarding the facility where it is ultimately accepted for disposal. While HHW may be transported for purposes of aggregation among HHW programs, the ultimate destination must be to a hazardous waste processing, storage, or disposal facility that is authorized to receive HHW and has agreed to accept that waste.
The TCEQ Office of Waste, Waste Permits Division, maintains a list of Texas landfills— Commercial Management Facilities for Hazardous and industrial Solid Waste (GI-225) —that have permits from the TCEQ to manage industrial hazardous waste, industrial nonhazardous waste, or both. The listing is for Texas facilities only and you must ensure that the facility you seek to transport to does identify "hazardous waste" as a waste accepted.