SECTION 326.1. Purpose and Applicability

(a) The regulations promulgated in this chapter cover aspects of medical waste management from medical waste facilities under the authority of the commission and are based primarily on the stated purpose of Texas Health and Safety Code (THSC), Chapter 361. The provisions of this chapter apply to any person as defined in §3.2 of this title (relating to Definitions) involved in any aspect of the management and control of medical waste as defined in THSC, §361.003(18-a) and medical waste facilities and activities including storage, collection, handling, transportation, and processing. Furthermore, these regulations apply to any person that by contract, agreement, or otherwise arranges to process, store, or dispose of, or arranges with a transporter for transport to process, store, or dispose of, medical waste owned or possessed by the person, or by any other person or entity.

(1) Permits and registrations issued by the commission and its predecessors, that existed before this chapter became effective remain valid for the later of two years from the effective date of this chapter or until a final decision is made on a timely filed application for an existing authorization to comply with this chapter. Authorizations under the existing Chapter 330 rules must be updated by filing a new application within two years of the effective date of this chapter to comply with the provisions of this chapter. Registrations by rule, subject to annual renewal, remain in effect and must renew under this chapter. The executive director is authorized to extend this deadline based on an authorized entity making a request supported by good cause. Applications for an existing permit or registration to comply with this chapter will not be subject to the standard procedures for processing applications, including any requirements for notice and public participation. Authorizations, other than permits, registrations, or registrations by rule, that existed before the adoption of this chapter became effective, remain valid and are subject to these rules when they become effective.

(2) A person that has a pending application for the management of medical waste as of the effective date of this chapter shall be considered under the former rules of Chapter 330 of this title (relating to Municipal Solid Waste) unless the applicant elects otherwise. Permits or Registrations issued under the former rules remain in effect for the later of two years from the effective date of this chapter or until the commission makes a final decision on an application to comply with this chapter.

(3) Modification requests submitted after the effective date of this chapter shall be prepared and submitted in accordance with the provisions of §305.70 of this title (relating to Municipal Solid Waste Permit and Registration Modifications) and in accordance with this chapter. Requests to modify buffer zones or operating hours under this chapter will be processed as modifications that do not require notice. Modification requests pending on the effective date of this chapter may be prepared and submitted in accordance with the provisions of §305.70 of this title and in accordance with the former rules in Chapter 330 of this title unless the applicant elects otherwise.

(4) The requirement in §326.23(e) of this title (relating to Shipping) to provide notice to landfills that waste shipments include treated medical waste applies to existing authorizations regardless of any conflicting language in those authorizations or rules in Chapter 330 of this title.

(b) This chapter does not apply to waste that is subject to 25 TAC Chapter 289 (relating to Radiation Control).

Source Note: The provisions of this §326.1 adopted to be effective May 26, 2016, 41 TexReg 3697