(a) Shipping non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. A healthcare facility must ship non-creditable hazardous waste pharmaceuticals and a reverse distributor must ship evaluated hazardous waste pharmaceuticals off-site to a designated facility (such as a permitted or interim status treatment, storage, or disposal facility) in compliance with this subsection.
  (1) The healthcare facility and reverse distributor must comply with the pre-transport requirements in this paragraph before transporting or offering non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals for transport off-site.
    (A) Packaging. Package the waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 Code of Federal Regulations (CFR) Parts 173, 178, and 180.
    (B) Labeling. Label each package in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR Part 172, Subpart E.
    (C) Marking. Mark hazardous waste pharmaceuticals in accordance with this subparagraph.
      (i) Mark each package of hazardous waste pharmaceuticals in accordance with the applicable federal Department of Transportation (DOT) regulations on hazardous materials under 49 CFR Part 172, Subpart D.
      (ii) Mark each container of 119 gallons or less used in such transportation in accordance with 40 CFR §266.508(a)(1)(iii)(B) which is adopted by reference as adopted in the Federal Register on February 22, 2019 (84 FR 5940).
      (iii) Lab packs that will be incinerated in compliance with 40 CFR §268.42(c) as adopted under §335.431 of this title (relating to Purpose, Scope, and Applicability) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the EPA hazardous waste number(s).
    (D) Placarding. Placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F.
  (2) The healthcare facility and reverse distributor must comply with the manifest requirements of 40 CFR Part 262, Subpart B as adopted under §335.54 of this title (relating to Hazardous Waste Manifest) and list a complete Texas waste code in Item 13 of the manifest), except:
    (A) a healthcare facility shipping non-creditable hazardous waste pharmaceuticals is not required to list all applicable EPA hazardous waste numbers in Item 13 of the manifest; and
    (B) a healthcare facility shipping non-creditable hazardous waste pharmaceuticals must use the four-letter sequence code "PHRM" in addition to the applicable Texas form code and classification code in Item 13 of the manifest.
(b) Exporting non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. A healthcare facility or reverse distributor that exports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to 40 CFR Part 262, Subpart H, as adopted under §335.58 of this title (relating to Transboundary Movements of Hazardous Waste for Recovery or Disposal).
(c) Importing non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. Any person that imports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to 40 CFR Part 262, Subpart H, as adopted by reference under §335.58 of this title, Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste in General), Subchapter B of this chapter (relating to Hazardous Waste Management General Provisions), Subchapter O of this chapter (relating to Land Disposal Restrictions), and Subchapter R of this chapter (relating to Waste Classification), except as provided under this subchapter. A healthcare facility or reverse distributor may not accept imported non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals unless they have a permit or interim status that authorizes the owner or operator of the facility to accept hazardous waste from off-site.

Source Note: The provisions of this §335.767 adopted to be effective February 3, 2022, 47 TexReg 318