SECTION 326.31. Exempt Medical Waste Operations

(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.

(b) SQG transporter. A permit, registration, notification, or other authorization is not required for a generator of less than 50 pounds per month of untreated medical waste that transport their own waste to an authorized medical waste storage or processing facility.

(c) All generators described in subsections (a) and (b) of this section shall follow the requirements prescribed in Subchapter B of this chapter (relating to Packaging, Labeling and Shipping Requirements) and must obtain any additional transportation authorizations necessary to comply with local, state and federal rules.

(d) A permit, registration, notification, or other authorization is not required for medical waste transported by the United States Postal Service or an equivalent delivery service in accordance with the Domestic Mail Manual, incorporated by reference in 39 Code of Federal Regulations Part 111.

(e) A person who engages in the transportation of waste within Texas when the transportation neither originates nor terminates in Texas is exempt from the regulations of this chapter, except as to §326.53(b)(6)(A)(i) - (iii) and (B) of this title (relating to Transporters).

Source Note: The provisions of this §326.31 adopted to be effective May 26, 2016, 41 TexReg 3697