| (a) Purpose. The purpose of this chapter is to provide
facility operators with specific criteria needed to comply with the
Manufacturing Facility Community Right-to-Know Act, Texas Health and
Safety Code (THSC), Chapter 505; the Public Employer Community Right-to-Know
Act, THSC, Chapter 506; and the Nonmanufacturing Facilities Community
Right-to-Know Act, THSC, Chapter 507.
(b) Scope. This chapter is applicable to operators
of all facilities covered by THSC, Chapters 505, 506, or 507.
(c) Compatibility with Federal Laws. In order to avoid
confusion among manufacturing facilities, public facilities, nonmanufacturing
facilities, and persons living in this state, the Texas Commission
on Environmental Quality shall implement the Manufacturing Facility
Community Right-To-Know Act, the Public Employer Community Right-to-Know
Act, and the Nonmanufacturing Facilities Community Right-to-Know Act
compatibly with the federal Emergency Planning and Community Right-To-Know
Act (EPCRA), which is also known as the Superfund Amendments and Reauthorization
Act of 1986 (SARA), Title III (42 United States Code (USC), §§11001 et seq. ), and related regulations (40 Code
of Federal Regulations (CFR) Parts 355 -370), promulgated by the United
States Environmental Protection Agency (EPA).
(d) Applicability. This rule does not apply to:
(1) any hazardous waste, as that term is defined by
the federal Resource Conservation and Recovery Act (RCRA) of 1976,
as amended (42 USC, §§6901 et seq. ),
when subject to regulations issued under RCRA by the EPA;
(2) tobacco or tobacco products;
(3) wood or wood products in the same form and concentration
as is distributed to the general public;
(4) any substance that meets the definition of an article,
as defined in this section;
(5) food, drugs, cosmetics, or alcoholic beverages
in a retail food sale establishment that are packaged for sale to
consumers;
(6) food, drugs, or cosmetics intended for personal
consumption by an employee while in the facility;
(7) any consumer product or hazardous substance, as
those terms. are defined in the Consumer Product Safety Act (15 USC, §§2051 et seq. ) and Federal Hazardous Substances
Act (15 USC, §§1261 et seq. ),
respectively, if the employer can demonstrate it is used in the facility
in the same manner as normal consumer use and if the use results in
a duration and frequency of exposure that is not greater than exposures
experienced by consumers;
(8) any drug, as that term is defined by the Federal
Food, Drug, and Cosmetic Act (21 USC, §§301 et seq. ), when it is in solid, final form
for direct administration to the patient, such as tablets or pills;
(9) the transportation of any substance or chemical
subject to this chapter;
(10) radioactive waste;
(11) a hazardous substance in a sealed package that
is received and subsequently sold or transferred in that package if:
(A) the seal remains intact while the substance is
in the facility;
(B) the substance does not remain in the facility longer
than five working days; and
(C) the substance is not an extremely hazardous substance
at or above the threshold planning quantity or 500 pounds, whichever
is less, as listed by the EPA in 40 CFR, Part 355, Appendices A and
B;
(12) any substance to the extent it is used in a research
laboratory or a hospital or other medical facility under the direct
supervision of a technically qualified individual, as defined in the
section;
(13) any substance to the extent it is being used in
routine agricultural operations or is a fertilizer that is held for
sale by a retailer to the ultimate consumer in its final form; and
(14) ionizing and nonionizing radioactive material;
(e) Severability. Should any section or subsection
in this subchapter be found to be void for any reason, such finding
shall not affect any other sections.
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