reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter P - RECLAIMED WATER PRODUCTION FACILITIES › Section 321.325 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  shall include an application fee of $300.
(b) An owner of a reclaimed water production
				  facility authorized under this subchapter shall pay an annual water quality fee
				  in the following amount:
(1) $800 for a
				  constructed facility; or
(2) $400
				  for a facility that has not been constructed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 323 - WASTE DISPOSAL APPROVALS › Subchapter B - APPROVED RATINGS FOR WASTE DISPOSAL SYSTEMS › Section 323.21 - Rating Systems

Current through Reg. 49, No. 28; July 12, 2024
The executive director, subject to the approval of the
					 board, shall develop, and from time to time revise, a system for evaluating
					 waste disposal facilities to determine if the design and operation merit state
					 approval. In the development and use of this rating system, the executive
					 director will consider the waste treatment system, as well as any other factors
					 which appear to be applicable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 323 - WASTE DISPOSAL APPROVALS › Subchapter B - APPROVED RATINGS FOR WASTE DISPOSAL SYSTEMS › Section 323.22 - Approved Ratings

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  whose waste disposal facility receives an approved rating may erect signs at
				  appropriate locations to inform the public that the department has approved the
				  waste disposal facility. Before any person whose facilities have been approved
				  may erect a sign, he must agree with the board in writing to the following
				  items.
(1) to erect a sign only of a design
				  approved by the board;
(2) to
				  provide for the proper maintenance of the sign;
(3) to display the sign only as long as the
				  facility continues to maintain its approved rating; and
(4) to remove the sign immediately when
				  notified by the executive director that the facility is no longer
				  approved.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 323 - WASTE DISPOSAL APPROVALS › Subchapter B - APPROVED RATINGS FOR WASTE DISPOSAL SYSTEMS › Section 323.23 - Rating Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Once the
				  rating system has been developed, the executive director will institute a
				  program for the evaluation of all waste disposal facilities. A person may
				  request in writing of the executive director that he evaluate the
				  facility.
(b) A waste disposal
				  facility which has been rated, may be revaluated by the executive director at
				  least once a year to ensure that the facility continues to merit
				  approval.
(c) Whenever a person's
				  waste disposal facility is given a rating attained and the factors which
				  brought about the rating.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.1 - Federal Rule Adoption by Reference

Current through Reg. 49, No. 28; July 12, 2024
Person(s) managing used oil must comply with the
					 requirements in this chapter and the requirements in 40 Code of Federal
					 Regulations (CFR) Part 279, Standards for the Management of Used Oil, as
					 amended through July 14, 2006, at 71 FedReg 40280, which are adopted by
					 reference. For purposes of this chapter, the term "Administrator" or "Regional
					 Administrator" used in 40
					 CFR Part 279 shall be read to mean "State
					 Administrator, the Executive Director of the Texas Commission on Environmental
					 Quality, or his representative." The term "Environmental Protection Agency" or
					 "EPA" used in 40 CFR Part
					 279 shall be read to mean "the Texas
					 Commission on Environmental Quality or its successor."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference the definitions in
					 40 Code of Federal Regulations (CFR) §279.1. However, the following words
					 have these additional meanings:
(1)
				  Aboveground tank--A tank used to store or process used oil that is not an
				  underground storage tank as defined in 30 TAC Chapter 334 of this title
				  (relating to Underground and Aboveground Storage Tanks).
(2) Earthen area--The active area of the
				  facility is the earthen area at the facility over which any transportation,
				  storage or processing of used oil occurs.
(3) Recycling of used oil--
(A) Preparing used oil for reuse as a
				  petroleum product by re-refining, reclaiming, or other means;
(B) Using used oil as a lubricant or
				  petroleum product instead of using a petroleum product made from new oil;
				  or
(C) Burning used oil for energy
				  recovery.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.4 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference the Prohibitions
					 in 40 Code of Federal Regulations Subpart B, §279.12. In addition, the
					 commission requires the following:
(1)
				  A person must not collect, transport, store, burn, market, recycle, process,
				  use, discharge, or dispose of used oil in any manner that endangers the public
				  health or welfare of the environment.
(2) A person commits an offense if the
				  person:
(A) intentionally discharges used oil
				  into a sewer, drainage system, septic tank, surface water or groundwater,
				  watercourse, or marine water;
(B)
				  knowingly puts used oil in waste that is to be disposed of in landfills or
				  directly disposes of used oil on land;
(C) knowingly transports, treats, stores,
				  disposes of, recycles, markets, burns, processes, re-refines used oil within
				  the state:
(i) without first complying with
				  the registration requirements of this rule; and/or
(ii) in violation of rules for the management
				  of used oil;
(D)
				  intentionally applies used oil to roads or land for dust suppression, weed
				  abatement, or other similar uses;
(E) violates an order of the commission to
				  cease and desist any activity prohibited by this section or any rule applicable
				  to a prohibited activity; or
(F)
				  intentionally makes any false representation in any document used for program
				  compliance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.6 - Generators

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference rules for used oil
					 generators in 40 Code of Federal Regulations Part 279, particularly Subpart C.
					 A person or entity that services equipment involving removal of used oil or
					 changes used oil at a customer's home or business and transports the used oil
					 from the site in quantities less than or equal to 55 gallons may choose to be
					 the generator. If the service company removing the used oil from equipment does
					 not assume generator responsibility, the site owner or operator will remain the
					 generator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.7 - Collection Centers

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference rules for owners
					 or operators of all "do-it-yourselfer used oil collection centers" and "used
					 oil collection centers" (as defined in 40 Code of Federal Regulations (CFR)
					 §279.1) in 40 CFR Part
					 279, particularly Subpart D. All appropriate
					 businesses and government agencies are encouraged to serve as "do-it-yourselfer
					 used oil collection centers" or "used oil collection centers." Collection
					 centers collecting used oil from households will be publicized by the
					 commission. In addition, the commission requires the following:
(1) A "Do-it-yourselfer Used Oil Collection
				  Center" must:
(A) post and maintain a durable
				  and legible sign identifying the site as a household used oil collection
				  center. Written requests for signs shall be sent to the Texas Commission on
				  Environmental Quality, Used Oil Recycling Program, P.O. Box 13087, Austin,
				  Texas 78711-3087;
(B) must register
				  each odd numbered year, no later than January 25 following the close of the
				  year, with the Texas Commission on Environmental Quality, Used Oil Recycling
				  Program utilizing a commission form. Registrations expire on December 31 in
				  even numbered years. New collection centers must register within 30 days of
				  initial operation;
(C) collect used
				  oil from households during business hours at each location to be exempt from
				  the fee on first sale of automotive oil;
(D) notify the commission in writing within
				  30 days following abandonment or closure of the collection center or stopping
				  collection of household used oil; and
(E) annually report the amount of household
				  used oil collected by January 25 of each year on a commission form.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.11 - Transporters and Transfer Facilities

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference rules for used oil
					 transporters and transfer facilities in 40 Code of Federal Regulations (CFR)
					 Part 279, particularly Subpart E. In addition, the commission requires the
					 following:
(1) Underground storage
				  tanks (USTs). USTs containing used oil are subject to Chapter 334 of this title
				  (relating to Underground and Aboveground Storage Tanks) and
				  40 CFR Part
				  279.
(2) Registration. Transporters must register
				  their used oil activities if they have not previously registered their specific
				  used oil activities with the commission and the United States Environmental
				  Protection Agency (EPA). Transporters must register, through the commission,
				  using EPA Form 8700-12 and a commission form. Mail registration forms to the
				  Texas Commission on Environmental Quality, Used Oil Recycling
				  Program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.12 - Processors and Re-refiners

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference rules for owners
					 and operators of used oil processing and re-refining facilities in 40 Code of
					 Federal Regulations (CFR) Part 279, particularly Subpart F. In addition, the
					 commission requires the following:
(1)
				  Underground storage tanks. See §
										324.11(1)
				  of this title (relating to Transporters and Transfer Facilities).
(2) Registration. Processors and re-refiners
				  must register their used oil activities if they have not previously registered
				  their specific used oil activities with the commission and the United States
				  Environmental Protection Agency (EPA). Processors and re-refiners must
				  register, through the commission, using the EPA Form 8700-12 and a commission
				  form. Mail registration forms to the Texas Commission on Environmental Quality,
				  Used Oil Recycling Program.
(3)
				  Analysis plan. Each facility must prepare an analysis plan. The facility will
				  follow the plan when sampling and analyzing, keeping records, and complying
				  with analytical requirements for documenting that used oil is not listed
				  hazardous and/or the used oil fuel specification has been met. This plan must
				  specify the frequency of sampling and analysis. It must also specify procedures
				  and analysis to assure listed hazardous wastes are not mixed with the used oil
				  received. It must also contain procedures for handling a shipment of
				  contaminated used oil. A facility need not prepare an analysis plan if it:
(A) only processes its own used oil;
				  and
(B) uses adequate process
				  knowledge instead of analysis to prove that the used oil meets rule
				  requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.13 - Burners of Off-specification Used Oil for Energy Recovery

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference rules for burners
					 of off-specification used oil for energy recovery in 40 Code of Federal
					 Regulations (CFR) Part 279, particularly Subpart G. In addition, the commission
					 requires the following:
(1)
				  Underground storage tanks. See §
										324.11(1)
				  of this title (relating to Transporters and Transfer Facilities).
(2) Registration. Burners must register their
				  used oil activities if they have not previously registered their specific used
				  oil activities with the commission and the United States Environmental
				  Protection Agency (EPA). Burners must register, through the commission, using
				  the EPA Form 8700-12 and a commission form. Mail registration forms to the
				  Texas Commission on Environmental Quality, Used Oil Recycling
				  Program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.14 - Marketers of Used Oil Fuel

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference rules for
					 marketers of used oil which will be burned for energy recovery. These rules are
					 found in 40 Code of Federal Regulations Part 279, Subpart H. In addition,
					 marketers must register their used oil activities if they have not previously
					 registered their specific used oil activities with the commission and the
					 United States Environmental Protection Agency (EPA). Marketers must register,
					 through the commission, using the EPA Form 8700-12 and a commission form. Mail
					 registration forms to the Texas Commission on Environmental Quality, Used Oil
					 Recycling Program.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.15 - Spills

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference the Used Oil Spill
					 Prevention, Detection of Releases, and Spill Response requirements in 40 Code
					 of Federal Regulations §§279.22(d), 279.43(c), 279.45(h), 279.54(g),
					 and 279.64. In addition, used oil recyclers shall immediately clean up and
					 properly dispose of any spills of used oil consistent with Chapter 327 of this
					 title (relating to Spill Prevention and Control), particularly §
										327.4(b)(2)
					 of this title (relating to Reportable Quantities).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.16 - Polychlorinated Biphenyls (PCBs)

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference the rules for
					 burning used oil containing PCBs in 40 Code of Federal Regulations Part 279
					 (CFR) (Table 1) and in
					 40 CFR
					 §761.20(e).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.21 - Suspension or Revocation of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may suspend or revoke a
				  registration for:
(1) failure to maintain
				  complete and accurate records;
(2)
				  alteration of any record, except justified and documented
				  corrections;
(3) delivery of used
				  oil to an unregistered entity;
(4)
				  failure to comply with this rule or an order issued by the
				  commission;
(5) failure to submit
				  required reports;
(6) failure to
				  maintain financial assurance; or
(7) failure to reasonably perform the used
				  oil activities for which the registration was issued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.22 - Soil Remediation Requirements for Used Oil Handlers

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to transporters of
				  used oil who are seeking registration under this chapter. It also applies to
				  owners and operators of used oil transfer, processing, rerefining, and
				  off-specification used oil burning facilities referred to as "used oil
				  handlers." It does not apply to a used oil handler which is owned or otherwise
				  effectively controlled by the owners or operators where the used oil is
				  generated.
(b) Used oil handlers,
				  subject to the soil remediation requirements of subsection (c) or (d) of this
				  section, and transporters of used oil, must meet the requirements of Chapter
				  37, Subchapter L of this title (relating to Financial Assurance for Used Oil
				  Recycling).
(c) Used oil handlers
				  meeting the requirements of this subsection must provide financial assurance
				  for soil remediation in the amounts specified. A used oil handler must, within
				  30 days after an increase in the active area of the facility which results in a
				  higher financial assurance requirement, provide for increased financial
				  assurance. Additionally, a used oil handler must, at a minimum, update its
				  financial assurance annually to cover any increased cost due to inflation and
				  to account for any other appropriate adjustments, including a lower financial
				  assurance amount. The active area of the facility is the earthen area at the
				  facility over which any transportation, storage, or processing of used oil
				  occurs. Records demonstrating the size of the active area of the facility and
				  related financial assurance are to be maintained in the facility's operating
				  record; however, the original financial assurance mechanism must be submitted
				  to the commission per §
										37.2015
				  of this title (relating to Submission of Documents). The amount required for
				  financial assurance is:
(1) for a facility
				  with an active area of over 1,000 square feet up to 10,000 square feet, $410
				  for each 1,000-square-foot increment;
(2) for a facility with an active area of
				  over 10,000 square feet up to 100,000 square feet, $4,100 for each
				  10,000-square-foot increment;
(3)
				  for a facility with an active area of over 100,000 square feet up to 1 million
				  square feet, $41,000 for each 100,000 square-foot increment and $4,100 for each
				  10,000 square-foot increment;
(4)
				  for a facility with an active area of over 1 million square feet, $410,000 for
				  each 1-million-square foot increment, $41,000 for each 100,000 square-foot
				  increment, and $4,100 for each 10,000 square-foot increment; or
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 325 - HAZARDOUS SUBSTANCES INVENTORY › Section 325.2 - 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, unless the context clearly indicates
				  otherwise:
(1) 505 Act--The
				Manufacturing Facility Community Right-To-Know Act, Texas Health and Safety
				Code, Chapter 505.
(2) 506
				Act--The Public Employer Community Right-To-Know Act, Texas Health and Safety
				Code, Chapter 506.
(3) 507
				Act--The Nonmanufacturing Facilities Community Right-To-Know Act, Texas Health
				and Safety Code, Chapter 507.
(4)
				Appropriate facility identifiers--A physical location identification which
				provides a physical street address or other location identifiers, which are
				sufficient for emergency planning purposes and for data management by the
				commission.
(5) Article--A
				manufactured item:
(A) that is formed to a
				specific shape or design during manufacture;
(B) that has end-use functions dependent in
				whole or in part on its shape or design during end use; and
(C) that does not release, or otherwise
				result in exposure to, a hazardous chemical under normal conditions of use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 325 - HAZARDOUS SUBSTANCES INVENTORY › Section 325.4 - Compliance and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints and
				investigations.
(1) The executive director or
				his designated representatives may enter a facility at reasonable times to
				conduct compliance inspections. Advance notice is not required. It is a
				violation of this chapter for a person to interfere with, deny, or delay an
				inspection or investigation conducted by a commission representative.
(2) The executive director or his
				designated representative shall investigate in a timely manner a complaint
				relating to an alleged violation of the Manufacturing Facility Community
				Right-To-Know Act (Texas Health and Safety Code (THSC), Chapter 505 (505 Act)),
				the Public Employer Community Right-To-Know Act (THSC, Chapter 506 (506 Act)),
				the Nonmanufacturing Facilities Community Right-To-Know Act (THSC, Chapter 507
				(507 Act)) or this chapter. An inspection based on a complaint is not limited
				to the specific allegations of the complaint. A facility operator who refuses
				to allow such an investigation shall be in violation of this chapter.
(3) The commission may find
				multiple violations by a facility operator based on specific requirements of
				the 505 Act, the 506 Act, the 507 Act or this chapter.
(4) Upon request from a representative of the
				executive director, a facility operator shall make or allow photocopies of
				documents to be made and permit the representative to take photographs to
				verify the compliance status of the employer. Such requests may be made during
				a compliance inspection or a follow-up request after an inspection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter A - GENERAL INFORMATION › Section 326.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise defined in this chapter, those definitions
					 of words, terms, and abbreviations used in this chapter which are defined in 25
					 TAC §
										1.132 and
					 §
										133.2(relating to
					 Definitions) apply. Should the definitions found in 25 TAC §
										1.132change, such
					 changes shall prevail over the definitions found in this section. Unless
					 otherwise noted, all terms contained in this section shall be defined by their
					 plain meaning. This section contains definitions for terms that appear
					 throughout this chapter. Additional definitions may appear in the specific
					 section to which they apply. The following words and terms, when used in this
					 chapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Active life--The period
				  of operation beginning with the initial receipt of medical waste and ending at
				  certification/completion of closure activities in accordance with § 326.71
				  of this title (relating to Registration Application Contents).
(2) Affiliated facility--A health
				  care-related facility that generates a medical waste that is routinely stored,
				  processed, or disposed of on a shared basis in an integrated medical waste
				  management unit owned, operated by a hospital, and located within a contiguous
				  health care complex.
(3) Affiliated
				  with--A person, "A," is affiliated with another person, "B," if either of the
				  following two conditions applies:
(A) "A"
				  owns or controls more than 20% of the voting interest, fair market value,
				  profits, proceeds, or capital gains of "B;" or
(B) "B" owns or controls more than 20% of the
				  voting interest, fair market value, profits, proceeds, or capital gains of
				  "A."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter A - GENERAL INFORMATION › Section 326.5 - General Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
No person may cause, suffer, allow, or permit the
					 collection, storage, transportation, processing, or disposal, or the use or
					 operation of a solid waste facility to store, process, or dispose of solid
					 waste in violation of the THSC, or any regulations, rules, permit, license,
					 order of the commission, or in such a manner that causes:
(1) the discharge or imminent threat of
				  discharge of medical waste into or adjacent to the waters in the state without
				  obtaining specific authorization for the discharge from the
				  commission;
(2) the creation and
				  maintenance of a nuisance; or
(3)
				  the endangerment of the human health and welfare or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter A - GENERAL INFORMATION › Section 326.7 - Other Authorizations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Air pollution control. All emission sources resulting from the operation of
				  medical waste facilities shall be abated in a manner that will not cause a
				  condition of air pollution. Owner or operator shall obtain authorization that
				  may be required by local, state and federal agencies.
(b) Water pollution control. All liquids
				  resulting from the operation of medical waste facilities shall be disposed of
				  in a manner that will not cause surface water or groundwater pollution. Owner
				  or operator shall provide for the treatment of wastewaters resulting from
				  medical waste management activities and from cleaning and washing. Owners or
				  operators shall ensure that storm water and wastewater management is in
				  compliance with the regulations of the commission.
(c) It is also the responsibility of an owner
				  or operator of a facility to obtain any other permits or approvals that may be
				  required by local, state and federal agencies.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter B - PACKAGING, LABELING AND SHIPPING REQUIREMENTS › Section 326.17 - Identification

Current through Reg. 49, No. 28; July 12, 2024
Prior to packaging, labeling and shipping, health
					 care-related facilities shall identify and segregate medical waste, as defined
					 in § 326.3(23) of this title (relating to Definitions), from ordinary
					 rubbish and garbage produced within or by the facilities. Other municipal solid
					 waste may be combined with medical waste or may be identified and segregated as
					 a separate waste stream. Where medical waste and other municipal solid wastes
					 are combined, the combined waste shall be considered to be medical
					 waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter B - PACKAGING, LABELING AND SHIPPING REQUIREMENTS › Section 326.19 - Packaging

Current through Reg. 49, No. 28; July 12, 2024
(a) The generator
				  shall place the container which contains medical waste in an outer container
				  that is rigid, leak resistant, impervious to moisture, of sufficient strength
				  to prevent tearing and bursting under normal conditions of use and handling,
				  and sealed to prevent leakage or as otherwise required by the United States
				  Department of Transportation under regulations set forth in 49 Code of Federal
				  Regulations (CFR) §173.134 and
				  49 CFR
				  §173.196 which include infectious
				  substances.
(b) The generator shall
				  place sharps in a rigid, marked, and puncture-resistant container designed for
				  sharps as described in
				  49 CFR
				  §173.134.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter B - PACKAGING, LABELING AND SHIPPING REQUIREMENTS › Section 326.21 - Labeling Containers Excluding Sharps

Current through Reg. 49, No. 28; July 12, 2024
(a) The generator shall conspicuously mark
				  the outer container with a warning legend in English and in Spanish, along with
				  the international symbol for biohazardous material as referenced under 29 Code
				  of Federal Regulations (CFR) §1910.1030(g)(1)(i)(A). The warning must
				  appear on the sides of the container, twice in English and twice in Spanish.
				  The wording of the warning legend shall be: "CAUTION, contains medical waste
				  which may be biohazardous" and "PRECAUCIÓN, contiene desechos medicos
				  que pueden ser peligro biolÓgico" or as otherwise required by the United
				  States Department of Transportation under regulations set forth in CFR
				  §173.134 and
				  49 CFR
				  §173.196 which include infectious
				  substances.
(b) The generator shall
				  affix to each container a label that contains at the minimum the name and
				  address of the generator, and the date of shipment.
(c) If the transporter assists with weighing
				  containers and label preparation, the generator shall ensure that the container
				  labels meet the requirements of this section before releasing them to the
				  transporter.
(d) The generator
				  shall record the weight or volume on the manifest for reporting and fee
				  purposes. If the generator chooses to use weight, the generator may have the
				  transporter weigh each container for the generator and note the weight on the
				  container label prior to offsite transport. Applicable fees are provided in
				  Subchapter G of this chapter (relating to Fees and Reporting) for each
				  recording method.
(e) The generator
				  shall ensure that the transporter affixes to each container a label that
				  contains the name, address, telephone number, and state registration number of
				  the transporter. This information may be printed on the container.
(f) The generator shall ensure that the
				  printing on required labels is done in indelible ink with letters at least 0.25
				  inch in height.
(g) If a single
				  label is used to identify the generator and the transporter, the transporter
				  shall ensure the label is affixed to or printed on the container.
(h) The requirements of subsections (b) and
				  (e) of this section shall not apply to shipments where the United States Postal
				  Service or an equivalent delivery service is the transporter in accordance with
				  the Mailing Standards of the United States Postal Service, Domestic Mail
				  Manual, incorporated by reference in 39 CFR Part 111.
(i) The executive director may waive any or
				  all of the requirements of this section if required to protect the public
				  health and safety from the effects of a natural or man-made disaster.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter C - EXEMPT MEDICAL WASTE OPERATIONS › Section 326.31 - Exempt Medical Waste Operations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Small quantity generator (SQG) and large quantity generator (LQG) on-site
				  storage facility. A permit, registration, notification, or other authorization
				  is not required for on-site storage of medical waste for a generator that uses
				  a medical waste storage facility only for medical waste generated on-site, so
				  long as:
(1) medical waste is stored in a
				  secure manner and location that affords protection from theft, vandalism,
				  inadvertent human or animal exposure, rain, water, and wind; and
(2) medical waste is managed so as not to
				  create a nuisance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter D - OPERATIONS REQUIRING A NOTIFICATION › Section 326.37 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators
				  that are not exempt and that intend to store or process medical waste
				  authorized under this subchapter shall provide written notification to the
				  executive director, and any local pollution agency with jurisdiction that has
				  requested in writing to the commission to be notified that storage or
				  processing activities are planned. The required notifications must be submitted
				  at least 90 days prior to a generator engaging in these activities, except for
				  recycling and other activities as may be specifically exempted. Additional
				  information may be requested to enable the executive director to determine
				  whether such storage or processing is in compliance with the terms of this
				  chapter. This information may include, but is not limited to, type of waste,
				  waste management methods, and facility design. Any information provided under
				  this subsection shall be submitted to the executive director in duplicate with
				  one copy sent directly to the appropriate regional office. A person shall
				  include a statement justifying the facility's eligibility for a notification as
				  established under this section. The executive director is authorized to approve
				  requests to submit this information electronically if the commission develops
				  electronic systems to manage the data.
(b) Any person that stores or processes
				  medical waste authorized under this subchapter shall have the continuing
				  obligation to provide prompt written notice to the executive director of any
				  changes or additional information concerning type of waste, waste management
				  methods, facility design plans additional to that reported in subsection (a) of
				  this section authorized in any notification filed with the executive director.
				  Any information provided under this subsection shall be submitted to the
				  executive director in duplicate form with copies sent directly to the
				  appropriate regional office and any local pollution agency with jurisdiction
				  that has requested to be notified.
(c) Any person that stores or processes
				  medical waste authorized under this subchapter shall provide written
				  notification to the executive director, and any local pollution agency with
				  jurisdiction that has requested in writing to the commission to be notified of
				  any closure activity or activity of facility expansion not authorized by any
				  notification. The required notifications must be submitted at least 90 days
				  prior to a person conducting this activity. The executive director may request
				  additional information to determine whether such activity is in compliance with
				  this chapter. Any information provided under this subsection shall be submitted
				  to the executive director in duplicate form.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter D - OPERATIONS REQUIRING A NOTIFICATION › Section 326.39 - On-Site Treatment by Small Quantity Generators

Current through Reg. 49, No. 28; July 12, 2024
(a) A small quantity generator (SQG) is
				  required to provide written notification to the executive director of the
				  operation of an approved treatment process unit used only for the treatment of
				  medical waste generated on-site in accordance with the provisions of 25 TAC
				  §
										1.136(relating
				  to Approved Methods of Treatment and Disposition). Alternative treatment
				  technologies may be approved in accordance with requirements found in 25 TAC
				  §
										1.135(relating
				  to Performance Standards for Commercially-Available Alternate Treatment
				  Technologies for Special Waste from Health Care-Related Facilities). This
				  one-time notification shall include:
(1)
				  contact information for the generator;
(2) if applicable, name, address, telephone
				  number, and the Texas Commission on Environmental Quality authorization number
				  of the mobile treatment operator providing treatment; and
(3) the method/conditions of
				  treatment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter D - OPERATIONS REQUIRING A NOTIFICATION › Section 326.41 - On-Site Treatment by Large Quantity Generators

Current through Reg. 49, No. 28; July 12, 2024
(a) A large quantity generator (LQG) that
				  treats all or part of the medical waste generated on-site shall provide written
				  notification to the executive director of the operation of an approved
				  treatment process unit used only for the treatment of medical waste generated
				  on-site in accordance with the provisions of 25 TAC §
										1.136(relating
				  to Approved Methods of Treatment and Disposition). Alternative treatment
				  technologies may be approved in accordance with requirements found in 25 TAC
				  §
										1.135(relating
				  to Performance Standards for Commercially-Available Alternate Treatment
				  Technologies for Special Waste from Health Care-Related Facilities). This
				  one-time notification shall include:
(1) the
				  contact information for the generator;
(2) if applicable, the name, address,
				  telephone number, and the Texas Commission on Environmental Quality
				  authorization number of the mobile treatment operator providing treatment;
				  and
(3) the method/conditions of
				  treatment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter D - OPERATIONS REQUIRING A NOTIFICATION › Section 326.43 - Medical Waste Collection and Transfer by Licensed Hospitals

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  hospital may function as a medical waste collection and transfer facility and
				  may accept untreated medical waste from generators that generate less than 50
				  pounds of untreated medical waste per month and that transport their own waste
				  if:
(1) the hospital is located in an
				  incorporated area with a population of less than 25,000 and in a county with a
				  population of less than one million; or
(2) the hospital is located in an
				  unincorporated area that is not within the extraterritorial jurisdiction of a
				  city with a population of more than 25,000 or within a county with a population
				  of more than one million.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter E - OPERATIONS REQUIRING A REGISTRATION BY RULE › Section 326.53 - Transporters

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				  by rule is granted for persons that plan to transport medical waste. The
				  transporter shall complete registration forms provided by the commission and
				  submit the following information to the executive director at least 60 days
				  prior to commencing operations:
(1) Applicant
				  information. Name, address, and telephone number of registrant.
(2) Partner, corporate officer and director
				  information. Name, address, and telephone number of partners, corporate
				  officers, and directors, if applicable.
(3) Fee information. Transporters shall pay
				  an annual registration fee to the commission based upon the total weight or
				  volume of untreated medical waste transported. Transporter fees are located in
				  Subchapter G of this chapter (relating to Fees and Reporting).
(4) Transportation unit information.
				  Description of each transportation unit, including:
(A) make, model, and year;
(B) motor vehicle identification number, if
				  applicable;
(C) license plate (tag)
				  number, including state and year; and
(D) name of transportation unit owner or
				  operator.
(5)
				  Instructions for mailing fees. Fees assessed in § 326.87(b) of this title
				  (relating to Fees) by the executive director shall be paid by the registrant
				  within 30 days of the date of the invoice and shall be submitted in the form of
				  a check, money order, or a copy of an electronic payment confirmation made
				  payable to the agency cashier.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.61 - Applicability and General Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A registration is required for facilities that store or process untreated
				  medical waste that is received from off-site sources. The executive director
				  may authorize these facilities to store and process other related waste. For
				  the purposes of this subsection, off-site shall be any location that does not
				  meet the definition of on-site found in § 326.3 of this title (relating to
				  Definitions). No person may cause, suffer, allow, or permit any activity of
				  storage, processing, removal, or disposal of any medical waste unless that
				  activity is authorized by a registration or other authorization from the
				  commission. In the event this prohibition is violated, the executive director
				  may seek recourse against not only the person that stored, processed, or
				  disposed of the waste but also against the generator, transporter, owner or
				  operator, or other person who caused, suffered, allowed, or permitted waste to
				  be stored, processed, or disposed.
(b) No person may commence physical
				  construction of a new medical waste management facility subject to this
				  registration requirement without having received a registration from the
				  commission.
(c) Registration
				  application. A registration application for a medical waste facility is not
				  subject to an opportunity for a contested case hearing.
(d) The information required by this
				  subchapter defines the basic elements for an application. All aspects of the
				  application and design requirements must be addressed by the owner or operator,
				  even if only to show why they are not applicable for that particular
				  site.
(e) The applicant for a
				  medical waste facility registration shall provide the executive director data
				  of sufficient completeness, accuracy, and clarity to provide assurance that
				  operation of the site will pose no endangerment of the human health and welfare
				  or the environment.
(f) Failure of
				  the owner or operator to provide complete information as required by this
				  chapter may provide cause for the executive director to return the application
				  without further action.
(g)
				  Submission of false information shall constitute grounds for denial of the
				  registration application.
(h)
				  Processing facilities registered under subsection (a) of this section,
				  excluding facilities operating as transfer station only, may store or process
				  municipal solid waste that would be classified as medical waste if it were
				  generated by health care-related facilities. This municipal solid waste shall
				  be subject to the same requirements as medical waste when it is accepted by a
				  facility that is only a registered medical waste facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.63 - Property Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  responsibility of an owner or operator to possess or acquire a sufficient
				  interest in or right to the use of the surface estate of the property for which
				  an authorization is issued, including the access route if access is not
				  provided by public right of way. The granting of an authorization neither
				  conveys any property rights or interest in either real or personal property nor
				  authorizes any injury to private property, invasion of personal rights,
				  impairment of previous contract rights, or any infringement of federal, state,
				  or local laws or regulations outside the scope of the authority under which an
				  authorization is issued.
(b) The
				  owner or operator shall retain the right of entry to the facility until the end
				  of the closure activities for inspection and maintenance of the
				  facility.