reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.591 - Groundwater Protection Design and Operation

Current through Reg. 49, No. 28; July 12, 2024
The following requirements applicable to municipal solid
					 waste facilities apply to owners and operators of facilities subject to this
					 subchapter:
(1)
										§
										330.333
				  of this title (relating to Leachate Collection System);
(2)
										§
										330.335
				  of this title (relating to Alternative Liner Design);
(3)
										§
										330.337
				  of this title (relating to Special Liner Design Constraints);
(4)
										§
										330.555 of
				  this title (relating to Fault Areas);
(5)
										§
										330.339
				  of this title (relating to Liner Quality Control Plan); and
(6)
										§
										330.341
				  of this title (relating to Soil Liner Evaluation Report and Geomembrane Liner
				  Evaluation Report).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.592 - Groundwater Monitoring and Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
The following requirements applicable to municipal solid
					 waste and hazardous waste facilities apply to owners and operators of
					 facilities subject to this subchapter:
(1)
										§
										330.401
				  of this title (relating to Applicability);
(2)
										§
										330.403
				  of this title (relating to Groundwater Monitoring Systems);
(3)
										§
										330.405
				  of this title (relating to Groundwater Sampling and Analysis
				  Requirements);
(4)
										§
										330.407
				  of this title (relating to Detection Monitoring Program for Type I
				  Landfills);
(5)
										§
										330.409
				  of this title (relating to Assessment Monitoring Program);
(6)
										§
										330.411
				  of this title (relating to Assessment of Corrective Measures);
(7)
										§
										330.413 of
				  this title (relating to Selection of Remedy);
(8)
										§
										330.415
				  of this title (relating to Implementation of the Corrective Action
				  Program);
(9)
										§
										330.419
				  of this title (relating to Constituents for Detection Monitoring);
				  and
(10)
										§
										330.421
				  of this title (relating to Monitor Well Construction Specifications).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.593 - Closure and Post-Closure Care Requirements

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of a facility subject to this
					 subchapter shall close the facility or any part of it in accordance with the
					 requirements of §
										335.8 of
					 this title (relating to Closure and Remediation). In addition to these
					 requirements, the owner or operator shall meet the requirements for closure and
					 post-closure of municipal solid waste facilities in §
										330.457
					 of this title (relating to Closure Requirements for Municipal Solid Waste
					 Landfill Units that Receive Waste on or after October 9,
					 1993).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter T - PERMITTING STANDARDS FOR OWNERS AND OPERATORS OF COMMERCIAL INDUSTRIAL NONHAZARDOUS WASTE LANDFILL FACILITIES › Section 335.594 - Financial Assurance

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of any landfill subject to this
					 subchapter shall establish and maintain financial assurance for closure and
					 post-closure care of the landfill in accordance with Chapter 37, Subchapter P
					 of this title (relating to Financial Assurance for Hazardous and Nonhazardous
					 Industrial Solid Waste Facilities).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter U - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARD PERMIT › Section 335.601 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this subchapter is to establish minimum standards which define
				  the acceptable management of hazardous waste under a standard permit.
(b) This subchapter applies to owners and
				  operators of facilities who treat or store hazardous waste under a Subchapter U
				  of this chapter standard permit, except as provided otherwise in 40 Code of
				  Federal Regulations (CFR) Part 261, Subpart A.
(c) A facility owner or operator who has
				  fully complied with the requirements for interim status - as defined in
				  Resource Conservation Recovery Act (RCRA), §3005(e) and regulations under
				  40 CFR
				  §270.70 - must also comply with the
				  regulations specified in Subchapter E of this chapter (relating to Interim
				  Standards for Owners and Operators of Hazardous Waste Treatment, Storage, or
				  Disposal Facilities) instead of the regulations in 40 CFR Part 270, until final
				  administrative disposition of the standard permit application is made, except
				  as provided under §
										335.152(a)(14)
				  of this title (relating to Standards).
(d) Notwithstanding any other provisions of
				  this subchapter, imminent hazard enforcement actions may be brought pursuant to
				  RCRA, §7003.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter U - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARD PERMIT › Section 335.602 - Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  regulations contained in 40 Code of Federal Regulations (CFR) Part 267
				  (including all appendices to 40 CFR Part 267 ) are adopted by reference as
				  amended in the
Federal Register
through September 8, 2005 (70
				  FR 53420) and as further amended and adopted as indicated in each paragraph of
				  this subsection:
(1) 40 CFR Part 267, Subpart
				  B--General Facility Standards;
(2)
				  40 CFR Part 267, Subpart C--Preparedness and Prevention:
(3) 40 CFR Part 267, Subpart D--Contingency
				  Plan and Emergency Procedures;
(4)
				  40 CFR Part 267, Subpart E--Recordkeeping, Reporting, and Notifying (as amended
				  in the
Federal Register
through November 28, 2016 (81 FR
				  85732);
(5) 40 CFR Part 267,
				  Subpart F--Releases from Solid Waste Management Units;
(6) 40 CFR Part 267, Subpart
				  G--Closure;
(7) 40 CFR Part 267,
				  Subpart I--Use and Management of Containers;
(8) 40 CFR Part 267, Subpart J--Tank
				  Systems;
(9) 40 CFR Part 267,
				  Subpart DD--Containment buildings; and
(10)
											40 CFR §
												267.142, concerning Cost estimate for
				  closure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter V - STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS › Section 335.701 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this subchapter is to establish minimum standards for the
				  management of hazardous secondary materials excluded under 40 Code of Federal
				  Regulations (CFR) §261.4(a)(23), (24), and (27) (Exclusions).
(b) This subchapter applies to persons
				  managing hazardous secondary materials excluded under
				  40
				  CFR §
											261.4(a)(23),
				  (24), and (27).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter V - STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS › Section 335.702 - Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  regulations contained in 40 Code of Federal Regulations (CFR) Part 261
				  (including all appendices to 40 CFR Part 261 ) are adopted by reference as
				  amended and adopted in the CFR through January 13, 2015 (80 FR 1694) and as
				  further amended and adopted as indicated in each paragraph of this subsection:
(1) 40 CFR Part 261, Subpart I--Use and
				  Management of Containers;
(2) 40
				  CFR Part 261, Subpart J--Tank Systems:
(3) 40 CFR Part 261, Subpart M--Emergency
				  Preparedness and Response for Management of Excluded Hazardous Secondary
				  Materials as amended through November 28, 2016 (81 FR 85732), except all
				  references to "operating under a verified recycler variance under
				  40
				  CFR §
												260.31(d)
				  ";
(4) 40 CFR Part 261, Subpart
				  AA--Air Emission Standards for Process Vents;
(5) 40 CFR Part 261, Subpart BB--Air Emission
				  Standards for Equipment Leaks; and
(6) 40 CFR Part 261, Subpart CC--Air Emission
				  Standards for Tanks and Containers.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter V - STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS › Section 335.703 - Financial Assurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability.
(1) The requirements of this
				  section apply to owners or operators of reclamation facilities and intermediate
				  facilities managing hazardous secondary materials excluded under 40 Code of
				  Federal Regulations (CFR) §261.4(a)(24), except:
(2) States and the Federal government are
				  exempt from the financial assurance requirements of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter V - STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS › Section 335.704 - Cost Estimate

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of this section apply to owners or operators of reclamation and
				  intermediate facilities managing hazardous secondary materials excluded under
				  40 Code of Federal Regulations (CFR) §261.4(a)(24).
(b) The owner or operator must submit to the
				  executive director a detailed written estimate, in current dollars, of the cost
				  of disposing of any hazardous secondary material as listed or characteristic
				  hazardous waste, and the potential cost of closing the facility as a treatment,
				  storage, and disposal facility. The estimate must meet the following
				  requirements:
(1) the estimate must equal the
				  cost of conducting the activities described in this subsection at the point
				  when the extent and manner of the facility's operation would make these
				  activities the most expensive; and
(2) the cost estimate must be based on the
				  costs to the owner or operator of hiring a third party to conduct these
				  activities. A third party is a party who is neither a parent nor a subsidiary
				  of the owner or operator (See definition of "Parent corporation" in
				  40 CFR
				  §265.141(d)). The owner
				  or operator may use costs for on-site disposal in accordance with applicable
				  requirements if the owner or operator can demonstrate that on-site disposal
				  capacity will exist at all times over the life of the facility.
(3) The cost estimate may not incorporate any
				  salvage value that may be realized with the sale of hazardous secondary
				  materials, or hazardous or non-hazardous wastes if applicable under
				  40 CFR
				  §265.113(d), facility
				  structures or equipment, land, or other assets associated with the
				  facility.
(4) The owner or operator
				  may not incorporate a zero cost for hazardous secondary materials, or hazardous
				  or non-hazardous wastes if applicable under
				  40 CFR
				  §265.113(d) that might
				  have economic value.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter V - STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS › Section 335.705 - Removal and Decontamination Plan for Release

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator of a reclamation
				  facility or an intermediate facility who wishes to be released from his
				  financial assurance obligations under 40 Code of Federal Regulations (CFR)
				  §261.4(a)(24) shall submit a plan for removing all hazardous secondary
				  material residues to the executive director at least 180 days prior to the date
				  on which the owner or operator expects to cease to operate under the
				  exclusion.
(b) The plan shall
				  include, at a minimum:
(1) for each hazardous
				  secondary materials storage unit subject to financial assurance requirements
				  under 40 CFR
				  §261.4(a)(24), a
				  description of how all excluded hazardous secondary materials will be recycled
				  or sent for recycling, and how all residues, contaminated containment systems
				  (liners, etc.), contaminated soils, subsoils, structures, and equipment will be
				  removed or decontaminated as necessary to protect human health and the
				  environment;
(2) a detailed
				  description of the steps necessary to remove or decontaminate all hazardous
				  secondary material residues and contaminated containment system components,
				  equipment, structures, and soils including, but not limited to, procedures for
				  cleaning equipment and removing contaminated soils, methods for sampling and
				  testing surrounding soils, and criteria for determining the extent of
				  decontamination necessary to protect human health and the
				  environment;
(3) a detailed
				  description of any other activities necessary to protect human health and the
				  environment during this timeframe, including, but not limited to, leachate
				  collection, run-on and run-off control; and
(4) a schedule for conducting the activities
				  described which, at a minimum, includes the total time required to remove all
				  excluded hazardous secondary materials for recycling and decontaminate all
				  units subject to financial assurance under
				  40
				  CFR
				  §261.4(a)(24)(vi)(F),
				  and the time required for intervening activities which will allow tracking of
				  the progress of decontamination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter V - STANDARDS FOR RECLAMATION OF HAZARDOUS SECONDARY MATERIALS › Section 335.706 - Release of the Owner or Operator from the Requirements of this Subchapter

Current through Reg. 49, No. 28; July 12, 2024
Within 60 days after receiving certifications from the
					 owner or operator and a Texas licensed professional engineer that all hazardous
					 secondary materials have been removed from the facility or a unit at the
					 facility and that the facility or a unit has been decontaminated in accordance
					 with the approved plan in accordance with § 335.705 of this title
					 (relating to Removal and Decontamination Plan for Release), the executive
					 director will notify the owner or operator in writing that the owner or
					 operator is no longer required to maintain financial assurance under 40 Code of
					 Federal Regulations §261.4(a)(24) for that facility or a unit at the
					 facility, unless the executive director has reason to believe that all
					 hazardous secondary materials have not been removed from the facility or unit
					 at a facility or that the facility or unit has not been decontaminated in
					 accordance with the approved plan. The executive director shall provide the
					 owner or operator a detailed written statement of any such reason to believe
					 that all hazardous secondary materials have not been removed from the facility
					 or unit or that the facility or unit has not been decontaminated in accordance
					 with the approved plan.
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 335.755 - Standards for Healthcare Facilities Managing Non-Creditable Hazardous Waste Pharmaceuticals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notification and withdrawal from this subchapter for healthcare facilities
				  managing hazardous waste pharmaceuticals. A healthcare facility must notify the
				  executive director that it is either subject to this subchapter, or is
				  withdrawing from regulation under this subchapter, using the following
				  procedures.
(1) Notification. A healthcare
				  facility must notify the executive director that it is a healthcare facility
				  operating under this subchapter using a method approved by the executive
				  director within 60 days of becoming subject to this chapter. The method
				  approved by the executive director collects the information required by the
				  United States Environmental Protection Agency (EPA) Site Identification Form.
(A) A healthcare facility must submit a
				  separate notification for each site or EPA identification number.
(B) A healthcare facility is not required to
				  submit EPA hazardous waste numbers with this notification.
(C) A healthcare facility must retain a copy
				  of a notification as long as the healthcare facility is subject to this
				  subchapter.
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 335.757 - Standards for Healthcare Facilities Managing Potentially Creditable Hazardous Waste Pharmaceuticals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Hazardous waste determination for potentially creditable pharmaceuticals. A
				  healthcare facility that generates a solid waste that is a potentially
				  creditable pharmaceutical must determine whether the potentially creditable
				  pharmaceutical is a potentially creditable hazardous waste pharmaceutical by
				  determining if it is listed in 40 Code of Federal Regulations (CFR) Part 261,
				  Subpart D or exhibits a characteristic identified in 40 CFR Part 261 , Subpart
				  C as adopted under §
										335.504
				  of this title (relating to Hazardous Waste Determination). A healthcare
				  facility may choose to manage its potentially creditable nonhazardous waste
				  pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under
				  this subchapter.
(b) Accepting
				  potentially creditable hazardous waste pharmaceuticals from an off-site
				  healthcare facility that is a very small quantity generator. A healthcare
				  facility may accept potentially creditable hazardous waste pharmaceuticals from
				  an off-site healthcare facility that is a very small quantity generator under
				  40 CFR
				  §
											262.14 as adopted under § 335.53
				  of this title (relating to General Standards Applicable to Generators of
				  Hazardous Waste) without a permit or without having interim status, provided
				  the receiving healthcare facility:
(1) is
				  under the control of the same person as the very small quantity generator
				  healthcare facility that is sending the potentially creditable hazardous waste
				  pharmaceuticals off-site, or has a contractual or other documented business
				  relationship whereby the receiving healthcare facility supplies pharmaceuticals
				  to the very small quantity generator healthcare facility;
(2) is operating under this subchapter for
				  the management of its potentially creditable hazardous waste
				  pharmaceuticals;
(3) manages the
				  potentially creditable hazardous waste pharmaceuticals that it receives from
				  off-site in compliance with this subchapter; and
(4) keeps records of the potentially
				  creditable hazardous waste pharmaceuticals shipments it receives from off-site
				  for three years from the date that the shipment is
				  received.
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 335.759 - Healthcare Facilities That are Very Small Quantity Generators for Both Hazardous Waste Pharmaceuticals and Non-Pharmaceutical Hazardous Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) Potentially
				  creditable hazardous waste pharmaceuticals. A healthcare facility that is a
				  very small quantity generator for both hazardous waste pharmaceuticals and
				  non-pharmaceutical hazardous waste may send its potentially creditable
				  hazardous waste pharmaceuticals to a reverse distributor.
(b) Off-site collection of hazardous waste
				  pharmaceuticals generated by a healthcare facility that is a very small
				  quantity generator. A healthcare facility that is a very small quantity
				  generator for both hazardous waste pharmaceuticals and non-pharmaceutical
				  hazardous waste may send its hazardous waste pharmaceuticals off-site to
				  another healthcare facility, provided:
(1)
				  the receiving healthcare facility meets the conditions in § 335.755(l) and
				  § 335.757(b) of this title (relating to Standards for Healthcare
				  Facilities Managing Non-Creditable Hazardous Waste Pharmaceuticals; Standards
				  for Healthcare Facilities Managing Potentially Creditable Hazardous Waste
				  Pharmaceuticals), as applicable; or
(2) the very small quantity generator
				  healthcare facility meets the conditions in 40 Code of Federal Regulations
				  (CFR) §262.14(a)(5)(viii) and the receiving large quantity generator meets
				  the conditions in
				  40
				  CFR §
												262.17(f), both
				  as adopted under § 335.53 of this title (relating to General Standards
				  Applicable to Generators of Hazardous Waste).
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 335.761 - Prohibition of Sewering Hazardous Waste Pharmaceuticals

Current through Reg. 49, No. 28; July 12, 2024
All healthcare facilities--including very small quantity
					 generators operating under 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) in lieu of this subchapter--and
					 reverse distributors are prohibited from discharging hazardous waste
					 pharmaceuticals to a sewer system that passes through to a publicly-owned
					 treatment works. Healthcare facilities and reverse distributors remain subject
					 to the prohibitions in
					 40 CFR
					 §
											403.5(b)(1).
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 335.763 - Conditional Exemptions for Hazardous Waste Pharmaceuticals that are Controlled Substances and Household Waste Pharmaceuticals Collected in a Take-Back Event or Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Conditional
				  exemptions. Provided the conditions of subsection (b) of this section are met,
				  the following are exempted from the requirements of this chapter:
(1) Hazardous waste pharmaceuticals that are
				  also listed on a schedule of controlled substances by the Drug Enforcement
				  Administration in 21 Code of Federal Regulations (CFR) Part 1308; and
(2) Household waste pharmaceuticals that are
				  collected in a take-back event or program, including those that are collected
				  by an authorized collector (as defined by the Drug Enforcement Administration)
				  registered with the Drug Enforcement Administration that commingles the
				  household waste pharmaceuticals with controlled substances from an ultimate
				  user (as defined by the Drug Enforcement Administration).
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 335.765 - Residues of Hazardous Waste Pharmaceuticals in Empty Containers

Current through Reg. 49, No. 28; July 12, 2024
(a) Stock,
				  dispensing and unit-dose containers. A stock bottle, dispensing bottle, vial,
				  or ampule (not to exceed 1 liter or 10,000 pills); or a unit-dose container
				  (e.g., a unit-dose packet, cup, wrapper, blister pack, or delivery device) is
				  considered empty and the residues are not regulated as hazardous waste provided
				  the pharmaceuticals have been removed from the stock bottle, dispensing bottle,
				  vial, ampule, or the unit-dose container using the practices commonly employed
				  to remove materials from that type of container.
(b) Syringes. A syringe is considered empty
				  and the residues are not regulated as hazardous waste under this subchapter
				  provided the contents have been removed by fully depressing the plunger of the
				  syringe. If a syringe is not empty, the syringe must be placed with its
				  remaining hazardous waste pharmaceuticals into a container that is managed and
				  disposed of as a non-creditable hazardous waste pharmaceutical under this
				  subchapter and any applicable federal, state, and local requirements for sharps
				  containers and medical waste.
(c)
				  Intravenous (IV) bags. An IV bag is considered empty and the residues are not
				  regulated as hazardous waste provided the pharmaceuticals in the IV bag have
				  been fully administered to a patient. If an IV bag is not empty, the IV bag
				  must be placed with its remaining hazardous waste pharmaceuticals into a
				  container that is managed and disposed of as a non-creditable hazardous waste
				  pharmaceutical under this subchapter, unless the IV bag held non-acute
				  hazardous waste pharmaceuticals and is empty as described in §
										335.41(f)
				  of this title (relating to Purpose, Scope, and Applicability).
(d) Other containers, including delivery
				  devices. Hazardous waste pharmaceuticals remaining in all other types of
				  unused, partially administered, or fully administered containers must be
				  managed as non-creditable hazardous waste pharmaceuticals under this
				  subchapter, unless the container held non-acute hazardous waste pharmaceuticals
				  and is empty as described in §
										335.41(f)
				  of this title. This includes, but is not limited to, residues in inhalers,
				  aerosol cans, nebulizers, tubes of ointments, gels, or creams.
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 335.767 - Shipping Non-Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or Evaluated Hazardous Waste Pharmaceuticals from a Reverse Distributor

Current through Reg. 49, No. 28; July 12, 2024
(a) Shipping
				  non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste
				  pharmaceuticals. A healthcare facility must ship non-creditable hazardous waste
				  pharmaceuticals and a reverse distributor must ship evaluated hazardous waste
				  pharmaceuticals off-site to a designated facility (such as a permitted or
				  interim status treatment, storage, or disposal facility) in compliance with
				  this subsection.
(1) The healthcare facility
				  and reverse distributor must comply with the pre-transport requirements in this
				  paragraph before transporting or offering non-creditable hazardous waste
				  pharmaceuticals or evaluated hazardous waste pharmaceuticals for transport
				  off-site.
(A) Packaging. Package the waste in
				  accordance with the applicable Department of Transportation regulations on
				  hazardous materials under 49 Code of Federal Regulations (CFR) Parts 173, 178,
				  and 180.
(B) Labeling. Label each
				  package in accordance with the applicable Department of Transportation
				  regulations on hazardous materials under 49 CFR Part 172 , Subpart E.
(C) Marking. Mark hazardous waste
				  pharmaceuticals in accordance with this subparagraph.
(i) Mark each package of hazardous waste
				  pharmaceuticals in accordance with the applicable federal Department of
				  Transportation (DOT) regulations on hazardous materials under 49 CFR Part 172,
				  Subpart D.
(ii) Mark each container
				  of 119 gallons or less used in such transportation in accordance with
				  40
				  CFR §
														266.508(a)(1)(iii)(B) which
				  is adopted by reference as adopted in the
Federal Register
on
				  February 22, 2019 (84 FR 5940).
(iii) Lab packs that will be incinerated in
				  compliance with
				  40 CFR
				  §
														268.42(c) as adopted
				  under §
													335.431
				  of this title (relating to Purpose, Scope, and Applicability) are not required
				  to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007,
				  D008, D010, and D011, where applicable. A nationally recognized electronic
				  system, such as bar coding or radio frequency identification, may be used to
				  identify the EPA hazardous waste number(s).
(D) Placarding. Placard or offer the initial
				  transporter the appropriate placards according to Department of Transportation
				  regulations for hazardous materials under 49 CFR Part 172, Subpart F.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.1 - Scope and General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as otherwise specifically provided, the rules in this chapter apply to
				  all persons who dispose of radioactive substances; all persons who recover or
				  process source material; and all persons who receive radioactive substances
				  from other persons for storage or processing.
(1) However, nothing in these rules shall
				  apply to any person to the extent that person is subject to regulation by the
				  United States Nuclear Regulatory Commission (NRC) or to radioactive material in
				  the possession of federal agencies.
(2) Any United States Department of Energy
				  contractor or subcontractor or any NRC contractor or subcontractor of the
				  following categories operating within the state, is exempt from the rules in
				  this chapter, with the exception of any applicable fee set forth in Subchapter
				  B of this chapter (relating to Radioactive Substance Fees), to the extent that
				  such contractor or subcontractor under his contract receives, possesses, uses,
				  transfers, or acquires sources of radiation:
(A) prime contractors performing work for the
				  United States Department of Energy at a United States government-owned or
				  controlled site, including the transportation of radioactive material to or
				  from the site and the performance of contract services during temporary
				  interruptions of transportation;
(B) prime contractors of the United States
				  Department of Energy performing research in or development, manufacture,
				  storage, testing, or transportation of atomic weapons or components
				  thereof;
(C) prime contractors of
				  the United States Department of Energy using or operating nuclear reactors or
				  other nuclear devices in a United States government-owned vehicle or vessel;
				  and
(D) any other prime contractor
				  or subcontractor of the United States Department of Energy or the NRC when the
				  state and the NRC jointly determine that:
(i)
				  the exemption of the prime contractor or subcontractor is authorized by law;
				  and
(ii) under the terms of the
				  contract or subcontract, there is adequate assurance that the work thereunder
				  can be accomplished without undue risk to the public health and safety or the
				  environment.
(3) Radioactive material that is physically
				  received from the federal government by a non-federal facility is subject to
				  state jurisdiction except as provided in paragraph (2) of this
				  subsection.
(4) The rules of this
				  chapter do not apply to transportation of radioactive materials. This provision
				  does not exempt a transporter from other applicable requirements.
(5) The rules in this chapter do not apply to
				  the disposal of radiation machines as defined in this subchapter or electronic
				  devices that produce non-ionizing radiation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, or as described in Chapter 3 of this title
					 (relating to Definitions), unless the context clearly indicates otherwise.
					 Additional definitions used only in a certain subchapter will be found in that
					 subchapter.
(1) Absorbed dose--The
				  energy imparted by ionizing radiation per unit mass of irradiated material. The
				  units of absorbed dose are the rad and the gray (Gy).
(2) Accelerator-produced radioactive
				  material--Any material made radioactive by a particle accelerator.
(3) Access control--A system for allowing
				  only approved individuals to have unescorted access to the security zone and
				  for ensuring that all other individuals are subject to escorted
				  access.
(4) Activity--The rate of
				  disintegration (transformation) or decay of radioactive material. The units of
				  activity are the curie (Ci) and the becquerel (Bq).
(5) Adult--An individual 18 or more years of
				  age.
(6) Aggregated--Accessible by
				  the breach of a single physical barrier that allows access to radioactive
				  material in any form, including any devices containing the radioactive
				  material, when the total activity equals or exceeds a category 2 quantity of
				  radioactive material.
(7) Agreement
				  state--Any state with which the United States Nuclear Regulatory Commission
				  (NRC) or the Atomic Energy Commission has entered into an effective agreement
				  under the Atomic Energy Act of 1954, §274b, as amended. Non-agreement
				  State means any other State.
(8)
				  Airborne radioactive material--Any radioactive material dispersed in the air in
				  the form of dusts, fumes, particulates, mists, vapors, or gases.
(9) Airborne radioactivity area--A room,
				  enclosure, or area in which airborne radioactive materials, composed wholly or
				  partly of licensed material, exist in concentrations:
(A) in excess of the derived air
				  concentrations (DACs) specified in Table I of §
											336.359(d)
				  of this title (relating to Appendix B. Annual Limits on Intake (ALI) and
				  Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure;
				  Effluent Concentrations; Concentrations for Release to Sanitary Sewerage);
				  or
(B) to a degree that an
				  individual present in the area without respiratory protective equipment could
				  exceed, during the hours an individual is present in a week, an intake of 0.6%
				  of the ALI or 12 DAC-hours.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.3 - Units of Radiation Exposure and Dose

Current through Reg. 49, No. 28; July 12, 2024
(a) As used in the rules in this chapter, the
				  International System of Units (SI) unit of exposure is the coulomb/kilogram
				  (C/kg) of air. The special unit of exposure is the roentgen. One roentgen
				  equals 2.58 x 10-4 coulomb/kilogram of
				  air.
(b) As used in the rules in
				  this chapter, the units of radiation dose are as follows:
(1) Rad is the special unit of absorbed dose.
				  One rad is equal to an absorbed dose of 100 ergs/gram or 0.01 joule/kilogram
				  (0.01 gray).
(2) Gray (Gy) is the
				  SI unit of absorbed dose. One gray is equal to an absorbed dose of 1
				  joule/kilogram (100 rads).
(3) Rem
				  is the special unit of any of the quantities expressed as dose equivalent. The
				  dose equivalent in rem is equal to the absorbed dose in rad multiplied by the
				  quality factor (1 rem = 0.01 sievert).
(4) Sievert (Sv) is the SI unit of any of the
				  quantities expressed as dose equivalent. The dose equivalent in sievert is
				  equal to the absorbed dose in gray multiplied by the quality factor (1 sievert
				  = 100 rems).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.4 - Units of Radioactivity

Current through Reg. 49, No. 28; July 12, 2024
For purposes of the rules in this chapter, activity is
					 expressed in the special unit of curie (Ci) or in the International System of
					 Units unit of becquerel (Bq), or its multiples, or disintegrations
					 (transformations) per unit of time, as follows:
(1) One curie (Ci) = 3.7 x
				  1010 disintegrations or transformations/second (dps
				  or tps) = 3.7 x 1010 becquerel (Bq) = 2.22 x
				  1012 disintegrations or transformations/minute (dpm
				  or tpm). Commonly used submultiples of the curie are as follows. One millicurie
				  (mCi) = 1 x 10-3 Ci = 3.7 x
				  107 dps. One microcurie (microCi) = 1 x
				  10-6 Ci = 3.7 x 104 dps.
				  One nanocurie (nCi) = 1 x 10-9 Ci = 3.7 x 10 dps.
				  One picocurie (pCi) = 1 x 10-12 Ci = 3.7 x
				  10-2 dps.
(2) One becquerel (Bq) = 1 disintegration or
				  transformation/second (dps or tps).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.5 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may exempt a source of radiation or a kind of use or user from the application
				  of a rule in this chapter if it determines that the exemption is not prohibited
				  by law and will not result in a significant risk to public health and safety or
				  the environment. Persons requesting an exemption shall submit an application to
				  the agency using the process in Chapter 90 of this title (relating to
				  Regulatory Flexibility), including the submittal of any fees and which
				  includes:
(1) the nature of the
				  request;
(2) a legal analysis to
				  demonstrate that the exemption is not prohibited by law;
(3) a technical analysis to demonstrate that
				  the exemption will not result in a significant risk to public health and safety
				  or the environment; and
(4) a
				  detailed explanation, including a demonstration as appropriate, that the
				  proposed exemption is:
(A) not prohibited by
				  law, including any requirement for a federally approved or authorized program;
				  and
(B) at least as protective of
				  the environment and the public health as the method or standard prescribed by
				  the commission rule that would otherwise apply.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.6 - Additional Requirements

Current through Reg. 49, No. 28; July 12, 2024
The commission may, by rule, order, or condition of
					 license, impose upon any licensee such requirements in addition to those
					 established in the rules in this chapter as it deems appropriate or necessary
					 under the Texas Radiation Control Act to minimize danger to public health and
					 safety or property or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter A - GENERAL PROVISIONS › Section 336.9 - Deliberate Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  licensee, applicant for a license, employer of a licensee or applicant, or any
				  contractor (including a supplier or consultant), subcontractor, employee of a
				  contractor, or subcontractor of any licensee or applicant for a license, who
				  knowingly provides to any licensee, applicant, contractor, or subcontractor,
				  any components, equipment, materials, or other goods or services that relate to
				  a licensee's or applicant's activities in this chapter, may not:
(1) engage in deliberate misconduct that
				  causes or would have caused if not detected, a licensee or applicant to be in
				  violation of any rule, regulation, or order, or any term, condition, or
				  limitation of any license issued by the commission; or
(2) deliberately submit to the commission, a
				  licensee, an applicant, or a licensee's or applicant's contractor or
				  subcontractor, information that the person submitting the information knows to
				  be incomplete or inaccurate in some respect material to the
				  commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter B - RADIOACTIVE SUBSTANCE FEES › Section 336.101 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  establishes fees for licensing, commercial disposal, emergency response
				  activities including training, and other regulatory services and provides for
				  their payment.
(b) Except as
				  otherwise specifically provided, this subchapter applies to any person who is:
(1) an applicant for or holder of a
				  radioactive material license issued under this chapter; or
(2) the holder of a fixed nuclear facility
				  construction permit or operating license issued by the United States Nuclear
				  Regulatory Commission under 10 Code of Federal Regulations Part 50 (Domestic
				  Licensing of Production and Utilization Facilities); or
(3) the operator of any other fixed nuclear
				  facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter B - RADIOACTIVE SUBSTANCE FEES › Section 336.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Terms used in this subchapter are defined in §
										336.2 of
					 this title (relating to Definitions). Additional terms used in this subchapter
					 have the following definitions:
(1)
				  Emergency response--The application of those capabilities necessary for the
				  protection of the public and the environment from the effects of an accidental
				  or uncontrolled release of radioactive materials, including the equipping,
				  training, and periodic retraining of response personnel.
(2) Fixed nuclear facility--
(A) Any nuclear reactor(s) at a single
				  site;
(B) Any facility designed or
				  used for the assembly or disassembly of nuclear weapons; or
(C) Any other facility using special nuclear
				  material for which emergency response activities, including training, are
				  conducted to protect the public health and safety or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter B - RADIOACTIVE SUBSTANCE FEES › Section 336.103 - Schedule of Fees for Subchapter H Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for a low-level
				  radioactive waste disposal site license under Subchapter H of this chapter
				  (relating to Licensing Requirements for Near-Surface Land Disposal of Low-Level
				  Radioactive Waste) shall be accompanied by a nonrefundable application
				  processing fee of $500,000. If the commission's costs in processing an
				  application under Subchapter H of this chapter exceed the $500,000 application
				  processing fee, the commission may assess and collect additional fees from the
				  applicant to recover the costs. Recoverable costs include costs incurred by the
				  commission for administrative review, technical review, and hearings associated
				  with the application.
(b) An
				  applicant shall submit an annual fee for the actual costs incurred by the
				  commission for hearings associated with an application for a low-level
				  radioactive waste disposal site under Subchapter H of this chapter. The
				  executive director shall send an invoice for the amount of the costs incurred
				  during the period September 1 through August 31 of each year. Payment shall be
				  made within 30 days following the date of the invoice.
(c) A holder of a license for a low-level
				  radioactive waste disposal site issued under Subchapter H of this chapter shall
				  submit an annual license fee for the services received. This fee shall recover
				  for the state the actual expenses arising from the regulatory activities
				  associated with the license. This fee shall include reimbursement for the
				  salary and other expenses of the resident inspectors as provided by §
										336.743 of
				  this title (relating to Resident Inspector). The executive director shall
				  invoice for the amount of the costs incurred. Payment shall be made within 30
				  days following the date of the invoice.
(d) An application for a major amendment of a
				  license issued under Subchapter H of this chapter must be accompanied by an
				  application fee of $50,000.
(e) An
				  application for renewal of a license issued under Subchapter H of this chapter
				  must be accompanied by an application fee of $300,000.
(f) The compact waste disposal facility
				  license holder shall remit directly to the host county 5% of the gross receipts
				  from compact waste received at the compact waste disposal facility and any
				  federal facility waste received at the federal facility waste disposal facility
				  as required in Texas Health and Safety Code, §
										401.244.
				  Payment shall be made within 30 days of the end of each quarter. The end of
				  each quarter is the last day of the months of November, February, May, and
				  August.