(a) Conditional exemptions. Provided the conditions of subsection (b) of this section are met, the following are exempted from the requirements of this chapter:
  (1) Hazardous waste pharmaceuticals that are also listed on a schedule of controlled substances by the Drug Enforcement Administration in 21 Code of Federal Regulations (CFR) Part 1308; and
  (2) Household waste pharmaceuticals that are collected in a take-back event or program, including those that are collected by an authorized collector (as defined by the Drug Enforcement Administration) registered with the Drug Enforcement Administration that commingles the household waste pharmaceuticals with controlled substances from an ultimate user (as defined by the Drug Enforcement Administration).
(b) Conditions for exemption. The hazardous waste pharmaceuticals must be:
  (1) managed in compliance with the sewer prohibition of §335.761 of this title (relating to Prohibition of Sewering Hazardous Waste Pharmaceuticals);
  (2) collected, stored, transported, and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances; and
  (3) destroyed by a method that Drug Enforcement Administration has publicly deemed in writing to meet their non-retrievable standard of destruction or combusted at one of the following:
    (A) a permitted large municipal waste combustor, subject to 40 CFR Part 62, Subpart FFF or applicable state plan for existing large municipal waste combustors, or 40 CFR Part 60, Subpart Eb for new large municipal waste combustors;
    (B) a permitted small municipal waste combustor, subject to 40 CFR Part 62, Subpart JJJ or applicable state plan for existing small municipal waste combustors, or 40 CFR Part 60, Subpart AAAA for new small municipal waste combustors;
    (C) a permitted hospital, medical and infectious waste incinerator, subject to 40 CFR Part 62, Subpart HHH or applicable state plan for existing hospital, medical and infectious waste incinerators, or 40 CFR Part 60, Subpart Ec for new hospital, medical and infectious waste incinerators;
    (D) a permitted commercial and industrial solid waste incinerator, subject to 40 CFR Part 62, Subpart III or applicable state plan for existing commercial and industrial solid waste incinerators, or 40 CFR Part 60, Subpart CCCC for new commercial and industrial solid waste incinerators; or
    (E) a permitted hazardous waste combustor subject to 40 CFR Part 63, Subpart EEE.

Source Note: The provisions of this §335.763 adopted to be effective February 3, 2022, 47 TexReg 318