Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter W - MANAGEMENT STANDARDS FOR HAZARDOUS WASTE PHARMACEUTICALS › Section 335.753 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) A healthcare
				  facility that is a very small quantity generator when counting all of its
				  hazardous waste, including both its hazardous waste pharmaceuticals and its
				  non-pharmaceutical hazardous waste, remains subject to 40 Code of Federal
				  Regulations (CFR) §262.14 as adopted under § 335.53 of this title
				  (relating to General Standards Applicable to Generators of Hazardous Waste) and
				  is not subject to this subchapter, except for § 335.761 and § 335.765
				  of this title (relating to Prohibition of Sewering Hazardous Waste
				  Pharmaceuticals; and Residues of Hazardous Waste Pharmaceuticals in Empty
				  Containers) and the optional provisions of § 335.759 of this title
				  (relating to Healthcare Facilities That Are Very Small Quantity Generators for
				  Both Hazardous Waste Pharmaceuticals and Non-pharmaceutical Hazardous
				  Waste).
(b) A healthcare facility
				  that is a very small quantity generator when counting all of its hazardous
				  waste, including both its hazardous waste pharmaceuticals and its
				  non-pharmaceutical hazardous waste, has the option of complying with subsection
				  (d) of this section for the management of its hazardous waste pharmaceuticals
				  as an alternative to complying with
				  40 CFR
				  §
											262.14 as adopted in § 335.53 of
				  this title and the optional provisions of § 335.759 of this
				  title.
(c) A healthcare facility or
				  reverse distributor remains subject to all applicable hazardous waste
				  regulations for the management of its non-pharmaceutical hazardous
				  waste.
(d) Unless a healthcare
				  facility is managing waste in compliance with subsection (a) of this section, a
				  healthcare facility is subject to this subsection instead of Subchapters C, D,
				  E, and F of this chapter (relating to Standards Applicable to Generators of
				  Hazardous Waste; Standards Applicable to Transporters of Hazardous Waste;
				  Interim Standards for Owners and Operators of Hazardous Waste Treatment,
				  Storage, or Disposal Facilities; and Permitting Standards for Owners and
				  Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities) except
				  as provided in this subchapter.
(1) A
				  healthcare facility managing potentially creditable hazardous waste
				  pharmaceuticals that are not destined for a reverse distributor or
				  non-creditable hazardous waste pharmaceuticals must comply with § 335.755
				  of this title (relating to Standards for Healthcare Facilities Managing
				  Non-Creditable Hazardous Waste Pharmaceuticals) and §§ 335.761,
				  335.763, 335.765, and 335.767 of this title (relating to Prohibition of
				  Sewering Hazardous Waste Pharmaceuticals; Conditional Exemptions for Hazardous
				  Waste Pharmaceuticals that are Controlled Substances and Household Waste
				  Pharmaceuticals Collected in a Take-back Event or Program; Residues of
				  Hazardous Waste Pharmaceuticals in Empty Containers; and Shipping
				  Non-Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or
				  Evaluated Hazardous Waste Pharmaceuticals from a Reverse
				  Distributor).
(2) A healthcare
				  facility managing potentially creditable hazardous waste pharmaceuticals that
				  are prescription pharmaceuticals and are destined for a reverse distributor
				  must comply with §335.755(a) and §335.757 (relating to Standards for
				  Healthcare Facilities Managing Potentially Creditable Hazardous Waste
				  Pharmaceuticals), §§ 335.761, 335.763, 335.765, and 335.769 of this
				  title (relating to Shipping Potentially Creditable Hazardous Waste
				  Pharmaceuticals from a Healthcare Facility or a Reverse Distributor to a
				  Reverse Distributor).