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Managing Hazardous Secondary Materials

Forms, definitions, rules, and guidance. Requirements for managing, shipping, exporting HSM and notifying TCEQ.

On this page:

Definition and Rules

HSM are specific types of waste that, if recycled, may be excluded from the definition of solid waste. There are three types of HSM exclusions:

A description of HSM exclusions can be found at Solid Waste: Hazardous Secondary Materials.

Management Requirements

Facilities managing HSM must maintain records of shipments and documents that the recycling is legitimate and beneficial and that there is a known market for the material. These recordkeeping and recycling requirements apply to:

  • HSM generators - those who create HSM
  • HSM reclamation facilities - those who recycle HSM
  • HSM intermediate facilities - those who store HSM for more than 10 days but do not recycle it

For more detailed requirements on managing HSM, see the Hazardous Secondary Material section in our guidance document, “Can I Recycle Some of My Industrial or Hazardous Wastes?” (RG-240).

Notification Requirements and Forms

If you are an HSM generator, intermediate facility, or reclamation facility, you must notify TCEQ prior to managing HSM.

  1. An EPA ID number is required for managing HSM. To obtain an EPA ID number, send a completed Site Identification Form (EPA 8700-12) to the IHW Registration and Reporting Program. We cannot process your notification until the EPA ID number is issued. You can skip this step if you already have an EPA ID number.

  2. Complete and submit the following group of forms:

Submit an electronic copy of the forms listed above to IHWPER@tceq.texas.gov, and mail a hard copy to:

Texas Commission on Environmental Quality ­
Industrial and Hazardous Waste Permits Section
MC-130
PO Box 13087
Austin, Texas 78711-3087

Once received by TCEQ, HSM notifications can take up to 12 calendar days to process for Facility Codes 01 through 06, and up to 60 days for Facility Codes 07 and 08.

Interstate Travel

The requirements for handling and shipping HSM between states differ depending on which version of 40 CFR Section 261.4(a)(24) the generating and receiving state has adopted. Texas has adopted the 2018 Transfer Based Exclusion.

Where is the 2018 Definition of Solid Waste Rule in Effect?

The table explains how states with different adoptions of 40 CFR 261.4(a)(24) would affect HSM management. Refer to the table on page five of the document at the following link:

Table 1: Status of Hazardous Secondary Materials Shipments Depending on Which Version of 40 CFR Section 261.4(a)(24) Has Been Adopted

Status of HSM Shipments Depends on which Version of 40 CFR 261.4(a)(24) Has Been Adopted Receiving State
2018 Transfer-Based Exclusion
Generating State
No Exclusion Shipments are Hazardous Waste
2015 Verified Recycler Exclusion Shipments Excluded if sent to RCRA Permitted Recycler
2018 Transfer-Based Exclusion Shipments are Excluded

Exporting HSM

  • HSM exports are allowed with notice and consent by EPA under 40 CFR 261.4(a)(25) .
  • HSM exported from the United States must be reclaimed at a reclamation facility located in a foreign country.
  • You must notify EPA at least 60 days before the initial shipment. Notification may cover 12 months or a lesser period.

Non-waste Determination and Variance

To apply for a non-waste determination or a variance, please contact the IHW Permits Section at IHWPER@tceq.texas.gov.

TCEQ Guidance

EPA Guidance