(a) Potentially creditable hazardous waste pharmaceuticals. A healthcare facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may send its potentially creditable hazardous waste pharmaceuticals to a reverse distributor.
(b) Off-site collection of hazardous waste pharmaceuticals generated by a healthcare facility that is a very small quantity generator. A healthcare facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may send its hazardous waste pharmaceuticals off-site to another healthcare facility, provided:
  (1) the receiving healthcare facility meets the conditions in §335.755(l) and §335.757(b) of this title (relating to Standards for Healthcare Facilities Managing Non-Creditable Hazardous Waste Pharmaceuticals; Standards for Healthcare Facilities Managing Potentially Creditable Hazardous Waste Pharmaceuticals), as applicable; or
  (2) the very small quantity generator healthcare facility meets the conditions in 40 Code of Federal Regulations (CFR) §262.14(a)(5)(viii) and the receiving large quantity generator meets the conditions in 40 CFR §262.17(f), both as adopted under §335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).
(c) Long-term care facilities that are very small quantity generators. A long-term care facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may dispose of its hazardous waste pharmaceuticals (excluding contaminated personal protective equipment or clean-up materials) in an on-site collection receptacle of an authorized collector (as defined by the Drug Enforcement Administration) that is registered with the Drug Enforcement Administration provided the contents are collected, stored, transported, destroyed and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances.
(d) Long-term care facilities with 20 beds or fewer. A long-term care facility with 20 beds or fewer is presumed to be a very small quantity generator subject to 40 CFR §262.14 as adopted under §335.53 of this title for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste and not subject to this subchapter, except for §335.761 and §335.765 of this title (relating to Prohibition of Sewering Hazardous Waste Pharmaceuticals; and Residues of Hazardous Waste Pharmaceuticals in Empty Containers) and the other optional provisions of this section. A long-term care facility with 20 beds or fewer is subject to this subchapter if the executive director determines that the facility generates quantities of hazardous waste in excess of the very small quantity generator limits as defined in §335.1 of this title (relating to Definitions). A long-term care facility with more than 20 beds that operates as a very small quantity generator under 40 CFR §262.14 must demonstrate that it generates quantities of hazardous waste that are within the very small quantity generator limits as defined by §335.1 of this title.

Source Note: The provisions of this §335.759 adopted to be effective February 3, 2022, 47 TexReg 318