Industrial and Hazardous Waste: Compliance Resources
Find out how to register your industrial and hazardous waste facility, determine your generator status, prepare for an investigation, and what requirements your facility needs to meet as a generator of industrial or hazardous wastes.
HOT TCEQ’s Rule Project Number 2019-086-335-WS has been adopted and became effective February 3, 2022. This rule project revised Title 30, Texas Administrative Code, Chapter 335. See the executive summary and adopted rule language for more information.
See the list of new requirements in the rule adoption below. It is not an exhaustive list and does not replace the requirements in the rules.
New Requirements
For both small quantity generators (SQGs) and large quantity generators (LQGs):
Place EPA waste codes (for example: D001) on hazardous waste containers before shipping hazardous waste off-site.
- An electronic system, such as a bar code system, is acceptable if the RCRA waste code(s) are tied to the specific container.
Properly label on-site accumulation containers and tanks with the hazards of the container or tank. You can use existing resources to meet the requirement, such as:
- Department of Transportation hazard communication symbols
- Occupational Safety Hazard Administration hazard statements or pictograms
- National Fire Protection Association chemical hazard labels
- RCRA characteristics (ignitable, corrosive, reactive, toxic)
Keep documentation of arrangements with local emergency responders as part of their emergency procedures.
LQGs who register after rule adoption or amend their contingency plans:
Submit a Quick Reference Guide of your contingency plan to local emergency responders.
- Find the required contents of the Quick Reference Guide in 40 Code of Federal Regulation (CFR) 262.262(b) .
SQGs only:
Renotify every four years by submitting your annual waste summaries and updating your notice of registration as needed.
Alternative Options
- SQGs and Very Small Quantity Generators (VSQGs) can meet alternative standards for episodic hazardous waste generation.
- For additional information see Episodic Waste Generation.
- Aerosol cans can be managed as universal waste in Texas.
- VSQGs can send hazardous waste to an LQG under control of the same person if they each meet their respective requirements in 40 CFR 262.
- VSQGs see 40 CFR 262.14(a)(5)(viii)(B)(1-2)
- LQGs see 40 CFR 262.17(f)(1-3)
- For additional information see VSQG Hazardous Waste Consolidation.
If your facility or business meets any of the following criteria, you must obtain an SWR:
- Generates, per month, more than:
- 220 pounds (100 kg) industrial Class 1 waste,
- 220 pounds (100 kg) hazardous waste, or
- 2.2 pounds (1 kg) of acutely hazardous waste
- Transports industrial Class 1 or hazardous waste
- Receives industrial Class 1 or hazardous waste from an off-site source (may also require a permit)
Even if you do not need an SWR, you may have regulatory requirements for your waste, such as maintaining documentation of waste determinations, proper disposal, and generator status.
- Do You Need Industrial or Hazardous Waste Registration Numbers? (RG-222)
- Transporting Waste in Texas (RG-086) – a guide to regulations for waste transportation.
To register your facility and obtain an SWR:
1. Complete a Notification for Hazardous or Industrial Waste Management (TCEQ Form 00002)
2. Complete a Core Data Form (TCEQ Form 10400)
3. Mail completed forms to:
- Texas Commission on Environmental Quality
- Registration and Reporting Section (MC-129)
- PO Box 13087
- Austin, TX 78711-3087
Registered generators with active solid waste registrations must submit an industrial and hazardous waste annual waste summary (AWS) each year. These facilities include:
- Large Quantity Generators (LQGs).
- Small Quantity Generators (SQGs).
- Very Small Quantity Generators (VSQGs) that generate more than 220 pounds (100 kg) of Class 1 industrial nonhazardous waste.
The summary reports the amount of hazardous and industrial Class 1 wastes generated or managed at their site during the year.
- Annual Waste Summary Instructions (RG-151) – detailed guide for completing and submitting your AWS.
- Industrial and Hazardous Waste Reporting – waste reporting requirements for receivers and registered, unregistered, inactive, and foreign generators.
Reporting with STEERS
If you submit your annual summary reports through STEERS, they are due on March 1 of the year after the reporting period. LQGs are required to submit their AWS through STEERS, while SQGs (and VSQGs required to submit an AWS) are encouraged to.
- How to Create a STEERS Account – guide to creating a STEERS account, adding program access, and signing your participation agreement.
- AWS Direct Data Entry Instructions for STEERS – instructions for directly entering data into your AWS in STEERS.
- AWS Annual Preparation File Generation Instructions for STEERS – instructions for using annual preparation files to enter data into your AWS in STEERS.
- AWS STEERS Help Guide – how to submit a “no report required” AWS for facilities that meet specific conditions and answers frequently asked questions.
Reporting with a Paper Form
If you submit your annual summary reports with a paper form, they are due on January 25 of the year after the reporting period. LQGs cannot submit their AWS with this form.
- Complete the Annual Waste Summary Form (TCEQ Form 00436)
- Mail completed form to:
Texas Commission on Environmental Quality
Registration and Reporting Section (MC-129)
PO Box 13087
Austin, TX 78711-3087
If your facility or business generates a waste stream, you must decide if the waste is hazardous or nonhazardous. If you are an industrial facility and the waste is nonhazardous, you must further classify the waste as either Class 1, 2, or 3.
You may make a waste determination and classification using either waste analysis (sampling) or process knowledge. Documentation of process knowledge must:
- Fully describe the process and waste, including lists of chemical constituents that enter the process and constituents likely to be in the waste.
- Address constituents listed in Appendix 1 of 30 TAC 335, Subchapter R that you expect to be in the waste.
You must keep documentation to show how you determined the waste was either hazardous or nonhazardous.
More guidance on waste determination and classification:
- How to Classify Industrial and Hazardous Waste
- Waste Classification Worksheet - a checklist to help you make a hazardous waste determination and classify nonhazardous waste.
- Guidelines for the Classification and Coding of Industrial and Hazardous Wastes (RG-022) – comprehensive guidance for classifying and coding industrial and hazardous wastes.
- Waste Designation Decision Matrix – an online, in-depth tool to help you make a hazardous waste determination and classify your waste. Does not provide documentation.
- Hazardous Waste Determinations and Waste Classifications – regulations relevant to waste determinations and classifications and includes links to EPA and TCEQ resources.
- EPA’s Reference Guide to Characteristic Hazardous Wastes
- EPA’s Reference Guide to Listed Hazardous Wastes
- Common Questions on Empty Containers (RG-480)
- Can I Recycle Some of My Industrial or Hazardous Waste? (RG-240)
You may use waste sampling and analysis to make a hazardous waste determination. It is required when a release of waste to the environment occurs at your facility. If there is a release, you must take samples:
- To determine the extent of the release and the area that needs remediation.
- To ensure all contamination was removed after clean-up of the release.
Take samples vertically and horizontally in the release area before and after remediation.
When you sample and analyze waste, you must use one of the following methods approved by the Environmental Protection Agency (EPA) or American Society for Testing and Materials (ASTM):
- Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods (EPA SW-846)
- Methods for Chemical Analysis of Water and Wastes (EPA-600/4-79/020)
- Standard Methods for the Examination of Water and Wastewater
Your samples should be representative—they must reflect the same properties as the entire waste stream or spill. Make sure to document your procedures for any sampling event, including all of the following:
- Dates, locations, and descriptions of the sampling event.
- Sampling methods, handling techniques, and equipment used.
Find TCEQ requirements for waste analysis in Title 30, Texas Administrative Code, Chapter 335.509 .
Your generator status is determined by the amount of hazardous waste generated and stored on your site each month. Since the amount of waste your facility generates and stores each month can change, your generator status may change from month to month.
If your facility generates enough waste in one month to change your generator category (such as moving from a small to a large quantity generator), you must comply with all requirements of the new category during that month.
Fluctuating between generator status categories is referred to as “episodic generation.” If episodic generation is frequent for your facility, you may choose to maintain compliance with the higher generator status every month.
To determine your site's generator status:
1. Make a hazardous waste determination for each waste stream at your site.
- If you are an industrial facility and the waste is nonhazardous, you must further classify the waste as Class 1, 2, or 3.
2. Calculate the total amounts of the following wastes generated and stored on-site per month:
- Hazardous waste
- Acutely hazardous waste
- Industrial nonhazardous Class 1 waste
3. Compare your calculated totals with the descriptions of each generator status category.
There are three categories of generators based on the amount and types of waste generated per month: Very Small Quantity Generators, Small Quantity Generators, and Large Quantity Generators.
Your facility is a Very Small Quantity Generator (VSQG) if it generates any of the following:
- Less than 220 pounds (100 kg) of hazardous waste per month.
- No more than 2.2 pounds (1 kg) of acutely hazardous waste per month.
- More than 220 pounds (100 kg) of industrial Class 1 nonhazardous waste per month.
Your facility is a Small Quantity Generator (SQG) if it generates any of the following:
- More than 220 pounds (100 kg) but less than 2,200 pounds (1,000 kg) of hazardous waste per month.
- No more than 2.2 pounds (1 kg) of acutely hazardous waste per month.
Your facility is a Large Quantity Generator (LQG) if it generates any of the following:
- More than 2,200 pounds (1,000 kg) of hazardous waste per month.
- More than 2.2 pounds (1 kg) of acutely hazardous waste per month.
VSQGs generate a minimal amount of hazardous waste, so they have fewer regulations to comply with compared to SQGs or LQGs. VSQGs must:
- Conduct hazardous waste determinations and waste classifications on all waste streams.
- Dispose of waste at an authorized disposal facility.
- Limit the amount of hazardous waste on-site to 2,200 pounds (1,000 kg) or less.
- Maintain the following documentation:
- Monthly waste generation records to demonstrate VSQG status.
- Bills of lading or documentation showing your facility disposed of waste at an authorized facility.
- Waste determinations showing the facility classified its waste.
- Dates, locations, and descriptions of any sampling events, including sampling methods, handling techniques, and equipment used.
If your VSQG facility generates more than 220 pounds (100 kg) of industrial Class 1 nonhazardous waste, you must also:
- Obtain a solid waste registration (SWR) number from TCEQ.
- Maintain a Notice of Registration to reflect active waste streams and waste management units (WMUs).
- Report Class 1 nonhazardous waste you generated on an Annual Waste Summary Form (TCEQ Form 00436).
The requirements listed above serve as a guide, but additional requirements may apply.
Find rules on Very Small Quantity Generator requirements in 40 CFR 262.14 .
Small and Large Quantity Generators have similar requirements to meet with few differences. In general, SQGs and LQGs must:
- Obtain a solid waste registration (SWR) number and EPA ID from TCEQ.
- Dispose of waste at an authorized disposal facility.
- Meet waste storage, reporting, and record-keeping requirements.
- Develop and implement measures to prepare for and prevent hazardous waste releases.
The requirements listed above serve as a guide, but additional requirements may apply.
Find rules on Small Quantity Generator requirements in 40 CFR 262.16 . Find rules on Large Quantity Generator requirements in 40 CFR 262.17 .
Waste Storage Requirements
- Label hazardous waste containers and tanks with:
- the words “hazardous waste”
- the accumulation start date
- hazards of the container or tank
- Prior to shipment, the EPA waste codes (for example: D001)
- Keep containers of hazardous waste closed except when adding or removing waste.
- Use only containers made of, or lined with, materials which will not react with and are compatible with the waste to be stored.
- Conduct weekly inspections of container storage areas for spills and deteriorating containers.
- If a container holding hazardous waste is in poor condition or begins to leak, you must transfer the waste from this container to one in good condition or dispose of the waste properly.
- Ship waste off-site within:
- 180 days of accumulation for SQGs
- 270 days if the destination facility is located more than 200 miles from your SQG facility.
- 90 days of accumulation for LQGs
- Use uniform hazardous waste manifests for shipments.
- (SQGs only) Limit the amount of hazardous waste on-site to 13,200 pounds or less.
Reporting Requirements
- Maintain and update your notice of registration to reflect active waste streams and waste management units (WMUs).
- Complete and submit an Annual Waste Summary for hazardous and Class 1 wastes each year.
- Report spills or discharges of substances that meet or exceed the reportable quantity (RQ).
Record-keeping Requirements
Maintain the following documentation:
- Hazardous waste determinations and waste classifications on all waste streams.
- Monthly waste generation records to demonstrate generator status.
- Documentation showing your facility disposed of waste at an authorized facility.
- Uniform hazardous waste manifests must be used for hazardous and Class 1 nonhazardous wastes.
- Bills of lading may be used for Class 2 or 3 nonhazardous wastes.
- Land disposal restriction records to show hazardous waste is properly treated by a treatment, storage, and disposal facility (TSDF) prior to disposal.
- Dates, locations, and descriptions of any sampling events, including sampling methods, handling techniques, and equipment used.
- Documentation showing compliance with other requirements.
- (LQGs only) Personnel training record that includes:
-
- Name, job title, and job description of each employee in a position related to hazardous waste management.
- Written description of type and amount of training required of each position.
- Documentation and record of training given to each employee.
Emergency, Preparedness, and Prevention Measure Requirements
- Develop a pollution prevention plan.
- Pollution Prevention Planning Guide (RG-409)
- Designate an on-call emergency coordinator.
- Train employees on proper waste handling and emergency procedures relevant to their job responsibilities.
- Contact the following local authorities:
- Police, fire departments, and emergency response teams to familiarize them with your facility’s layout and operation.
- Local hospitals to familiarize them with the properties of hazardous wastes handled on-site.
- State emergency response teams, emergency response contractors, and equipment suppliers.
- Keep documentation of arrangements with local emergency responders.
- (LQGs only) Develop a written contingency plan.
- LQGs who register after the rule adoption or an LQG that is otherwise amending its contingency plan must, at that time, submit a Quick Reference Guide of the Contingency Plan to local emergency responders. Contents of the Quick Reference Guide can be found in 40 Code of Federal Regulation (CFR) 262.262(b) .
For more information and guidance
- Industrial and Hazardous Waste Regulations for Small Quantity Generators (RG-234) – guidance for SQGs on identifying waste, determining generator status, and complying with IHW regulations.
All industrial and hazardous waste generators are subject to complaint and routine compliance investigations by the TCEQ. During an investigation, the investigator will review site conditions, waste management, and documentation to determine compliance with federal and state industrial and hazardous waste rules.
Compliance Evaluation Checklists
Typically, a TCEQ investigator will contact you to schedule any routine, non-complaint investigation and send you a list of items they plan to review. These checklists help investigators evaluate generators consistently and are available to the public.
- Pre-Investigation
- General Facility
- Container Storage Area
- Subpart AA (Air Emission Standards for Process Vents)
- Subpart BB (Air Emission Standards for Equipment Leaks)
- Subpart CC (Air Emission Standards for Tanks and Containers)
- New Tanks
- Existing Tanks
- Universal Waste Destination Facility
- Universal Waste Large Quantity Handler
- Waste Transporter
- Used Oil Handler
- Investigation Checklists for All Media (including air, water, and waste)
Violations and Enforcement
If an investigator finds your facility is not in compliance with federal or state regulations, you may receive a violation.
- Common Violations for SQGs and LQGs – a list of the most common violations and associated regulations found during SQG and LQG investigations by TCEQ.
- McCoy’s Top Ten List of RCRA Violations – a list of top ten Resource Conservation and Recovery Act (RCRA) violations in six states, including Texas.
- Enforcement Initiation Criteria – guidance TCEQ investigators use to determine the appropriate level of enforcement for air, water, and waste violations.
If your facility manages hazardous wastes in one or more tanks or tank systems, you may be required to meet the requirements of Title 40, Code of Federal Regulations Part 265:
When your facility is permanently removing an industrial or hazardous waste management unit out of service, you will need to perform closure activities. Specific closure requirements depend on the type of unit and types of waste managed.
Closure activities include ensuring waste managed in the unit is properly disposed of and identifying whether there has been a release from the unit.
- Industrial and Hazardous Waste (IHW) Unit Closures – describes general federal and state requirements for taking IHW units out of service.
If you have a spill, discharge, or release of a regulated or hazardous substance, you may need to report it to TCEQ or other state and federal agencies.
- Spills, Discharges, and Releases – information on state and federal contacts, spill reporting, cleanup and management of spills, and the rules and regulations about spills.
- Reportable Quantities – a table to help you find the reportable quantity or criteria based on the type of substance released and where it is discharged.
- What to Do if You Have a Spill – guidance to help keep people safe and identify the substance spilled.
- Releases Subject to the Texas Risk Reduction Program (TRRP)
- Comparison of Tier II, Toxics Release Inventory (TRI), and Section 112 – a table comparing Tier II, TRI, and Section 112 requirements.
Your wastewater treatment unit may be exempt from hazardous waste regulations if it meets all the following conditions:
- The unit receives, treats, or stores an influent wastewater that is a hazardous waste or generates and accumulates a wastewater treatment sludge that is a hazardous waste.
- The unit is a tank or a tank system.
- Includes sumps that meet the definition of a tank, presses, sludge digesters, clarifiers, filters, thickeners, dryers, and other sludge processing tanks in which hazardous wastewater treatment sludge is also generated.
- The unit is subject to regulation under either Section 402 or 307(b) of the Clean Water Act.
- Applies even if:
- permits have not been issued
- pretreatment standards are not active
- A facility that produces no effluent as a direct result of the Clean Water Act is eligible.
Universal wastes are types of hazardous wastes that are widely generated, such as:
- batteries
- certain pesticides
- mercury-containing equipment
- mercury lamps
- paint and paint-related waste (in Texas only)
- aersol cans
When managed as universal waste, these waste streams can be accumulated longer, do not count toward your generator status, and are not included on your notice of registration or annual waste summary.
Guidance on managing universal wastes:
- Managing Paint and Paint-Related Waste Under the Universal Waste Rule (RG-370)
- Universal-Waste Regulations for Hazardous Lamps and Mercury-Containing Equipment in Texas (RG-377)
- Managing Hazardous Waste as Universal Waste – guidance for universal waste handlers and transporters.
Find rules on universal waste in Title 30, Texas Administrative Code, Chapter 335, Subchapter H, Division 5 and Title 40, Code of Federal Regulations, Part 273 .
Find state rules and regulations related to industrial and hazardous wastes in Title 30, Texas Administrative Code:
- Chapter 335 – Industrial Solid Waste and Municipal Hazardous Waste
- Chapter 327 – Spill Prevention and Control
- Chapter 324 – Used Oil Standards
- Chapter 326 – Medical Waste Management
- Chapter 328 – Waste Minimization and Recycling
- Chapter 350 – Texas Risk Reduction Program
Find federal rules and regulations related to industrial and hazardous wastes in Title 40, Code of Federal Regulations, Chapter I.
Small Business and Local Government Assistance
TCEQ's Small Business and Local Government Assistance section offers free, confidential help to small businesses and local governments working to comply with state environmental regulations. Call us at (800) 447-2827 or visit our webpage at TexasEnviroHelp.org.
STEERS Help Desk
TCEQ’s STEERS Help Desk can help you solve technical problems with STEERS, such as regaining access to your STEERS account. Call them at (512) 239-6925 or email them at STEERS@tceq.texas.gov.