|(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
(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).