Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 325 - HAZARDOUS SUBSTANCES INVENTORY › Section 325.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				The purpose of this chapter is to provide facility operators with specific
				criteria needed to comply with the Manufacturing Facility Community
				Right-to-Know Act, Texas Health and Safety Code (THSC), Chapter 505; the Public
				Employer Community Right-to-Know Act, THSC, Chapter 506; and the
				Nonmanufacturing Facilities Community Right-to-Know Act, THSC, Chapter 507.
(b) Scope. This chapter is
				applicable to operators of all facilities covered by THSC, Chapters 505, 506,
				or 507.
(c) Compatibility with
				Federal Laws. In order to avoid confusion among manufacturing facilities,
				public facilities, nonmanufacturing facilities, and persons living in this
				state, the Texas Commission on Environmental Quality shall implement the
				Manufacturing Facility Community Right-To-Know Act, the Public Employer
				Community Right-to-Know Act, and the Nonmanufacturing Facilities Community
				Right-to-Know Act compatibly with the federal Emergency Planning and Community
				Right-To-Know Act (EPCRA), which is also known as the Superfund Amendments and
				Reauthorization Act of 1986 (SARA), Title III (42 United States Code (USC),
				§§11001 et seq.), and related regulations (40 Code of Federal
				Regulations (CFR) Parts 355 -370), promulgated by the United States
				Environmental Protection Agency (EPA).
(d) Applicability. This rule does not apply
				to:
(1) any hazardous waste, as that term is
				defined by the federal Resource Conservation and Recovery Act (RCRA) of 1976,
				as amended (
				42 USC, §§
											6901 et seq.), when subject to regulations
				issued under RCRA by the EPA;
(2)
				tobacco or tobacco products;
(3)
				wood or wood products in the same form and concentration as is distributed to
				the general public;
(4) any
				substance that meets the definition of an article, as defined in this section;
(5) food, drugs, cosmetics, or
				alcoholic beverages in a retail food sale establishment that are packaged for
				sale to consumers;
(6) food,
				drugs, or cosmetics intended for personal consumption by an employee while in
				the facility;
(7) any consumer
				product or hazardous substance, as those terms are defined in the Consumer
				Product Safety Act (
				15 USC,
				§§
											2051 et seq.) and Federal
				Hazardous Substances Act (
				15
				USC, §§
											1261 et seq.),
				respectively, if the employer can demonstrate it is used in the facility in the
				same manner as normal consumer use and if the use results in a duration and
				frequency of exposure that is not greater than exposures experienced by
				consumers;
(8) any drug, as that
				term is defined by the Federal Food, Drug, and Cosmetic Act (
				21
				USC, §§
											301 et seq.), when it is in
				solid, final form for direct administration to the patient, such as tablets or
				pills;
(9) the transportation of
				any substance or chemical subject to this chapter;
(10) radioactive waste;
(11) a hazardous substance in a sealed
				package that is received and subsequently sold or transferred in that package
				if:
(A) the seal remains intact while the
				substance is in the facility;
(B)
				the substance does not remain in the facility longer than five working days;
				and
(C) the substance is not an
				extremely hazardous substance at or above the threshold planning quantity or
				500 pounds, whichever is less, as listed by the EPA in 40 CFR, Part 355,
				Appendices A and B;
(12) any substance to the extent it is used
				in a research laboratory or a hospital or other medical facility under the
				direct supervision of a technically qualified individual, as defined in the
				section;
(13) any substance to the
				extent it is being used in routine agricultural operations or is a fertilizer
				that is held for sale by a retailer to the ultimate consumer in its final form;
				and
(14) ionizing and nonionizing
				radioactive material;