Mixed Waste Disposal

“Mixed waste,” as used in Texas statute and rules, refers to waste which contains both hazardous waste and low-level radioactive waste. The low-level radioactive waste component, which is comprised of source material, special nuclear material, or by-product material, is subject to rules and regulations promulgated under the Atomic Energy Act of 1954. The hazardous waste component of the mixed waste must be either a “listed waste” and/or exhibit hazardous characteristics described in Title 40, Code of Federal Regulations Part 261, Subpart C. Neither the U.S. Environmental Protection Agency nor Texas definition of mixed waste includes hazardous wastes containing naturally occurring radioactive materials (NORM) or accelerator produced radioactive materials. Such waste, which has no official name or definition, would not be classified as a mixed waste, but would still be subject to regulation under the Resource Conservation and Recovery Act (RCRA) and the Texas Radiation Control Act (TRCA).

Sources and Volumes of Mixed Waste

The federal government is the largest generator of mixed waste. Commercial mixed waste volumes generated are very small, approximately two percent, compared to the total volume generated or stored by the U.S. Department of Energy. Commercially generated mixed waste is produced at industrial, hospital, and nuclear power plant facilities. Radioactive and hazardous materials are used in a number of processes such as medical diagnostic testing and research, pharmaceutical and biotechnology development, pesticide research, and in nuclear power plant operations. The hazardous waste components of mixed waste include liquid scintillation cocktails, and chlorofluorohydrocarbons, corrosive organics, waste oils, toxic metals (such as discarded lead shielding), and other materials. A low-level radioactive waste that contains hazardous constituents may not necessarily be a mixed waste, unless the hazardous component is a "listed waste" and/or exhibits hazardous characteristics as stated above.

Jurisdiction over Mixed Waste in Texas

Once a waste is determined to be mixed waste, waste managers in Texas must comply with RCRA, TRCA, 30 TAC Chapters 335  and 336 , and  (EPA OSWER Directive 9541.00-6) .

Mixed waste is regulated jointly by the Texas Department of State Health Services (TDSHS)  and the TCEQ.

Contact the Radioactive Materials Division if you have any questions.