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 335.769 - Shipping Potentially Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or a Reverse Distributor to a Reverse Distributor

Current through Reg. 49, No. 28; July 12, 2024
(a) Shipping
				  potentially creditable hazardous waste pharmaceuticals. A healthcare facility
				  or a reverse distributor who transports or offers for transport potentially
				  creditable hazardous waste pharmaceuticals off-site to a reverse distributor
				  must comply with all applicable United States Department of Transportation
				  regulations in 49 Code of Federal Regulations (CFR) Parts 171 - 180 for any
				  potentially creditable hazardous waste pharmaceutical that meets the definition
				  of hazardous material in
				  49 CFR §
											171.8. For purposes of the federal Department
				  of Transportation regulations, a material is considered a hazardous waste if it
				  is subject to the Hazardous Waste Manifest Requirements of the United States
				  Environmental Protection Agency specified in 40 CFR Part 262 as adopted under
				  Subchapter C of this title (relating to Standards Applicable to Generators of
				  Hazardous Waste). Because a potentially creditable hazardous waste
				  pharmaceutical does not require a manifest, it is not considered hazardous
				  waste under the Department of Transportation regulations.
(b) Delivery confirmation. Upon receipt of
				  each shipment of potentially creditable hazardous waste pharmaceuticals, the
				  receiving reverse distributor must provide confirmation (paper or electronic)
				  to the healthcare facility or reverse distributor that initiated the shipment
				  that the shipment of potentially creditable hazardous waste pharmaceuticals has
				  arrived at its destination and is under the custody and control of the reverse
				  distributor.
(c) Procedures for
				  when delivery confirmation is not received within 35 days. If a healthcare
				  facility or reverse distributor initiates a shipment of potentially creditable
				  hazardous waste pharmaceuticals to a reverse distributor and does not receive
				  delivery confirmation within 35 calendar days from the date that the shipment
				  of potentially creditable hazardous waste pharmaceuticals was sent, the
				  healthcare facility or reverse distributor that initiated the shipment must
				  contact the carrier and the intended recipient (i.e., the reverse distributor)
				  promptly to report that the delivery confirmation was not received and to
				  determine the status of the potentially creditable hazardous waste
				  pharmaceuticals.
(d) Exporting
				  potentially creditable hazardous waste pharmaceuticals. A healthcare facility
				  or reverse distributor that sends potentially creditable hazardous waste
				  pharmaceuticals to a foreign destination must comply with the applicable
				  sections of 40 CFR Part 262, Subpart H, as adopted under § 335.58 of this
				  title (relating to Transboundary Movements of Hazardous Waste for Recovery or
				  Disposal), except the manifesting requirement of
				  40 CFR §
											262.83(c), in addition to
				  subsections (a) - (c) of this section.
(e) Importing potentially creditable
				  hazardous waste pharmaceuticals. Any person that imports potentially creditable
				  hazardous waste pharmaceuticals into the United States is subject to
				  subsections (a) - (c) of this section instead of 40 CFR Part 262 , Subpart H.
				  Immediately after the potentially creditable hazardous waste pharmaceuticals
				  enter the United States, they are subject to all applicable requirements of
				  this subchapter.