Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter A - GENERAL INFORMATION › Section 326.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The regulations promulgated in this chapter cover aspects of medical waste
				  management from medical waste facilities under the authority of the commission
				  and are based primarily on the stated purpose of Texas Health and Safety Code
				  (THSC), Chapter 361. The provisions of this chapter apply to any person as
				  defined in §
										3.2 of
				  this title (relating to Definitions) involved in any aspect of the management
				  and control of medical waste as defined in THSC, §361.003(18-a) and
				  medical waste facilities and activities including storage, collection,
				  handling, transportation, and processing. Furthermore, these regulations apply
				  to any person that by contract, agreement, or otherwise arranges to process,
				  store, or dispose of, or arranges with a transporter for transport to process,
				  store, or dispose of, medical waste owned or possessed by the person, or by any
				  other person or entity.
(1) Permits and
				  registrations issued by the commission and its predecessors, that existed
				  before this chapter became effective remain valid for the later of two years
				  from the effective date of this chapter or until a final decision is made on a
				  timely filed application for an existing authorization to comply with this
				  chapter. Authorizations under the existing Chapter 330 rules must be updated by
				  filing a new application within two years of the effective date of this chapter
				  to comply with the provisions of this chapter. Registrations by rule, subject
				  to annual renewal, remain in effect and must renew under this chapter. The
				  executive director is authorized to extend this deadline based on an authorized
				  entity making a request supported by good cause. Applications for an existing
				  permit or registration to comply with this chapter will not be subject to the
				  standard procedures for processing applications, including any requirements for
				  notice and public participation. Authorizations, other than permits,
				  registrations, or registrations by rule, that existed before the adoption of
				  this chapter became effective, remain valid and are subject to these rules when
				  they become effective.
(2) A person
				  that has a pending application for the management of medical waste as of the
				  effective date of this chapter shall be considered under the former rules of
				  Chapter 330 of this title (relating to Municipal Solid Waste) unless the
				  applicant elects otherwise. Permits or Registrations issued under the former
				  rules remain in effect for the later of two years from the effective date of
				  this chapter or until the commission makes a final decision on an application
				  to comply with this chapter.
(3)
				  Modification requests submitted after the effective date of this chapter shall
				  be prepared and submitted in accordance with the provisions of §
											305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications) and in accordance with this chapter. Requests to modify buffer
				  zones or operating hours under this chapter will be processed as modifications
				  that do not require notice. Modification requests pending on the effective date
				  of this chapter may be prepared and submitted in accordance with the provisions
				  of §
											305.70
				  of this title and in accordance with the former rules in Chapter 330 of this
				  title unless the applicant elects otherwise.
(4) The requirement in § 326.23(e) of
				  this title (relating to Shipping) to provide notice to landfills that waste
				  shipments include treated medical waste applies to existing authorizations
				  regardless of any conflicting language in those authorizations or rules in
				  Chapter 330 of this title.