Section 335.771 - Standards for the Management of Potentially Creditable Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals by Reverse Distributors(a) A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from off-site and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals on-site without a hazardous waste permit or without having interim status, provided that it complies with the conditions in this section. The following standards apply to reverse distributors managing potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals. (1) Registration. A reverse distributor must register with the executive director in accordance with § 335.6 of this title (relating to Notification Requirements) using a method approved by the executive director within 60 days of becoming subject to this chapter.(2) Inventory by the reverse distributor. A reverse distributor must maintain a current inventory of all the potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals that are accumulated on site. (A) A reverse distributor must inventory each potentially creditable hazardous waste pharmaceutical within 30 calendar days of each waste arriving at the reverse distributor.(B) The inventory must include the identity (e.g., name or national drug code) and quantity of each potentially creditable hazardous waste pharmaceutical and evaluated hazardous waste pharmaceutical.(C) A reverse distributor that meets the inventory requirements of this paragraph by complying with other regulatory requirements, such as the Texas State Board of Pharmacy regulations, is not required to provide a separate inventory pursuant to this section.(3) Evaluation by a reverse distributor that is not a manufacturer. A reverse distributor that is not a pharmaceutical manufacturer must evaluate a potentially creditable hazardous waste pharmaceutical within 30 calendar days of the waste arriving at the reverse distributor to establish whether it is destined for another reverse distributor for further evaluation or verification of manufacturer credit or for a permitted or interim status treatment, storage, or disposal facility.(A) A potentially creditable hazardous waste pharmaceutical that is destined for another reverse distributor is still considered a "potentially creditable hazardous waste pharmaceutical" and must be managed in accordance with subsection (b) of this section.(B) A potentially creditable hazardous waste pharmaceutical that is destined for a permitted or interim status treatment, storage or disposal facility is considered an "evaluated hazardous waste pharmaceutical" and must be managed in accordance with subsection (c) of this section.(4) Evaluation by a reverse distributor that is a manufacturer. A reverse distributor that is a pharmaceutical manufacturer must evaluate a potentially creditable hazardous waste pharmaceutical to verify manufacturer credit within 30 calendar days of the waste arriving at the facility. Following the evaluation, the reverse distributor must manage the evaluated hazardous waste pharmaceuticals in accordance with subsection (c) of this section.(5) Maximum accumulation time. The maximum accumulation time for hazardous waste pharmaceuticals at a reverse distributor is outlined in subparagraphs (A) and (B) of this paragraph.(A) A reverse distributor may accumulate potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals on site for 180 calendar days or less. The 180 days start after the potentially creditable hazardous waste pharmaceutical has been evaluated and applies to all hazardous waste pharmaceuticals accumulated on site, regardless of whether they are destined for another reverse distributor (i.e., potentially creditable hazardous waste pharmaceuticals) or a permitted or interim status treatment, storage, or disposal facility (i.e., evaluated hazardous waste pharmaceuticals).(B) Unexpired pharmaceuticals that are otherwise creditable but are awaiting their expiration date (i.e., aging in a holding morgue) can be accumulated for up to 180 days after the expiration date, provided that the unexpired pharmaceuticals are managed in accordance with subsection (a) of this section and the container labeling and management standards in §335.771(c)(4)(A) - (F).(6) Security at the reverse distributor facility. A reverse distributor must prevent unknowing entry and minimize the possibility for the unauthorized entry into the portion of the facility where potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals are kept. (A) Examples of methods that may be used to prevent unknowing entry and minimize the possibility for unauthorized entry include, but are not limited to:(i) a 24-hour continuous monitoring surveillance system;(ii) an artificial barrier such as a fence; or(iii) a means to control entry, such as keycard access.(B) If the reverse distributor already meets the security requirements of this subsection because of other regulatory requirements, such as Drug Enforcement Administration or Texas State Board of Pharmacy regulations, the facility is not required to provide separate security measures pursuant to this section.(7) Contingency plan and emergency procedures at a reverse distributor. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site must prepare a contingency plan and comply with the other requirements of 40 Code of Federal Regulations (CFR) Part 262, Subpart M as adopted under § 335.61 of this title (relating to Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators).(8) Closure of a reverse distributor. When closing an area where a reverse distributor accumulates potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals, the reverse distributor must comply with § 335.8 of this title (relating to Closure and Remediation) and 40 CFR § 262.17(a)(8)(ii) and (iii) as adopted under § 335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).(9) Reporting. Reverse distributors are subject to the following reporting requirements. (A) A reverse distributor must submit an unauthorized waste report if the reverse distributor receives waste from off-site that it is not authorized to receive (e.g., non-pharmaceutical hazardous waste, regulated medical waste). The reverse distributor must prepare and submit an unauthorized waste report to the executive director within 45 calendar days after the unauthorized waste arrives at the reverse distributor and must send a copy of the unauthorized waste report to the healthcare facility (or other entity) that sent the unauthorized waste. The reverse distributor must manage the unauthorized waste in accordance with all applicable regulations. The unauthorized waste report must be signed by the owner or operator of the reverse distributor, or its authorized representative, and contain the following information:(i) the United States Environmental Protection Agency (EPA) identification number, name and address of the reverse distributor;(ii) the date the reverse distributor received the unauthorized waste;(iii) the EPA identification number, name, and address of the healthcare facility that shipped the unauthorized waste, if available;(iv) a description and the quantity of each unauthorized waste the reverse distributor received;(v) the method of treatment, storage, or disposal for each unauthorized waste; and(vi) a brief explanation of why the waste was unauthorized, if known.(B) The executive director may require reverse distributors to furnish additional reports concerning the quantities and disposition of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.(10) Recordkeeping by reverse distributors. A reverse distributor must keep the following records (paper or electronic) readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the executive director.(A) A copy of its notification on file for as long as the facility is subject to this subchapter;(B) A copy of the delivery confirmation and the shipping papers for each shipment of potentially creditable hazardous waste pharmaceuticals that it receives, and a copy of each unauthorized waste report, for at least three years from the date the shipment arrives at the reverse distributor;(C) A copy of its current inventory for as long as the facility is subject to this subchapter.(b) Additional standards for reverse distributors managing potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor. A reverse distributor that does not have a permit or interim status must comply with the following conditions, in addition to the requirements in subsection (a) of this section, for the management of potentially creditable hazardous waste pharmaceuticals that are destined for another reverse distributor for further evaluation or verification of manufacturer credit:(1) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from a healthcare facility must send those potentially creditable hazardous waste pharmaceuticals to another reverse distributor within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow subsection (c) of this section for evaluated hazardous waste pharmaceuticals.(2) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from another reverse distributor must send those potentially creditable hazardous waste pharmaceuticals to a reverse distributor that is a pharmaceutical manufacturer within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow subsection (c) of this section for evaluated hazardous waste pharmaceuticals.(3) A reverse distributor must ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with § 335.769 of this title (relating to Shipping Potentially Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or a Reverse Distributor to a Reverse Distributor).(4) Recordkeeping by reverse distributors. A reverse distributor must keep the following records (paper or electronic) readily available upon request by an inspector for each shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to another reverse distributor, for at least three years from the date of shipment. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the executive director. (A) The confirmation of delivery; and(B) The DOT shipping papers prepared in accordance with 49 CFR Part 172 , Subpart C, if applicable.(c) Additional standards for reverse distributors managing evaluated hazardous waste pharmaceuticals. A reverse distributor that does not have a permit or interim status must comply with the following conditions, in addition to the requirements of subsection (a) of this section, for the management of evaluated hazardous waste pharmaceuticals: (1) Accumulation area at the reverse distributor. A reverse distributor must designate an on-site accumulation area where it will accumulate evaluated hazardous waste pharmaceuticals.(2) Inspections of on-site accumulation area. A reverse distributor must inspect its on-site accumulation area at least once every seven days, looking at containers for leaks and for deterioration caused by corrosion or other factors, as well as for signs of diversion.(3) Personnel training at a reverse distributor. Personnel at a reverse distributor that handle evaluated hazardous waste pharmaceuticals are subject to the training requirements of 40 CFR § 262.17(a)(7) as adopted under § 335.53 of this title.(4) Labeling and management of containers at on-site accumulation areas. A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an on-site accumulation area must:(A) label the containers with the words, "hazardous waste pharmaceuticals";(B) ensure the containers are in good condition and managed to prevent leaks;(C) use containers that are made of or lined with materials which will not react with, and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so that the ability of the container to contain the waste is not impaired;(D) keep containers closed, if holding liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in their original, intact, sealed packaging; or repackaged, intact, sealed packaging, they are considered to meet the closed container standard;(E) manage any container of ignitable or reactive evaluated hazardous waste pharmaceuticals, or any container of commingled incompatible evaluated hazardous waste pharmaceuticals so that the container does not have the potential to:(i) generate extreme heat or pressure, fire or explosion, or violent reaction;(ii) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;(iii) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;(iv) damage the structural integrity of the container of hazardous waste pharmaceuticals; or(v) through other like means threaten human health or the environment; and(F) Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of 40 CFR § 268.3(c) as adopted under § 335.431 of this title (relating to Purpose, Scope, and Applicability) (e.g., arsenic trioxide (P012)) in separate containers from other evaluated hazardous waste pharmaceuticals at the reverse distributor.(5) United States Environmental Protection Agency (EPA) hazardous waste numbers. Prior to shipping evaluated hazardous waste pharmaceuticals off-site, all containers must be marked with the applicable EPA hazardous waste numbers. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the EPA hazardous waste number(s).(6) Shipments. A reverse distributor must ship evaluated hazardous waste pharmaceuticals that are destined for a permitted or interim status treatment, storage or disposal facility in accordance with the applicable shipping standards in § 335.767(a) or (b) of this title (relating to Shipping Non-Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or Evaluated Hazardous Waste Pharmaceuticals from a Reverse Distributor).(7) Procedures for a reverse distributor for managing rejected shipments. A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of 40 CFR § 264.72 as adopted under § 335.152 of this title (relating to Standards) or 40 CFR § 265.72 as adopted under § 335.112 of this title (relating to Standards) may accumulate the returned evaluated hazardous waste pharmaceuticals on site for up to an additional 90 days in the on-site accumulation area provided the rejected or returned shipment is managed in accordance with subsection (a) or (c) of this section. Upon receipt of the returned shipment, the reverse distributor must: (A) Sign either: (i) item 18c of the original manifest, if the original manifest was used for the returned shipment; or(ii) item 20 of the new manifest, if a new manifest was used for the returned shipment;(B) Provide the transporter a copy of the manifest;(C) Within 30 days of receipt of the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor; and(D) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards of § 335.767(a) or (b) of this title.(8) Land disposal restrictions. Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions of 40 CFR Part 268 as adopted under Subchapter O of this chapter (relating to Land Disposal Restrictions). A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site must comply with the land disposal restrictions in accordance with 40 CFR § 268.7(a) as adopted under § 335.431 of this title (relating to Purpose, Scope, and Applicability).(9) Reporting by a reverse distributor for evaluated hazardous waste pharmaceuticals. Reverse distributors are subject to the following reporting requirements. (A) A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site must: (i) comply with the reporting requirements of § 335.9 of this title (relating to Recordkeeping and Annual Reporting Procedures Applicable to Generators), and(ii) in every even-numbered year, submit supplemental biennial reporting information for the previous odd-numbered report year required by 40 CFR § 262.41 as adopted by reference under § 335.56 of this title (relating to Recordkeeping and Reporting Applicable to Small and Large Quantity Generators), upon request, in a method approved by the executive director within the specified timeframe. Information submitted to the executive director in accordance with Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste in General), Subchapter C of this chapter (relating to Standards Applicable to Generators of Hazardous Waste), and Subchapter R of this chapter (relating to Waste Classification) is not required to be resubmitted in a biennial report.(B) If a reverse distributor does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, the reverse distributor must contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals.(C) A reverse distributor must submit an exception report to the executive director if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report must include: (i) a legible copy of the manifest for which the reverse distributor does not have confirmation of delivery; and(ii) a cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.(D) For shipments rejected by the designated facility and shipped to an alternate facility, a reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter must contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.(E) For shipments rejected by the designated facility and shipped to an alternate facility, a reverse distributor must submit an exception report to the executive director if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The exception report must include: (i) A legible copy of the manifest for which the generator does not have confirmation of delivery; and(ii) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.(10) Recordkeeping by a reverse distributor for evaluated hazardous waste pharmaceuticals. Reverse distributors are subject to the following recordkeeping requirements.(A) A reverse distributor must keep a log (written or electronic) of the inspections of the on-site accumulation area, required by subsection (c)(2) of this section. This log must be retained as a record for at least three years from the date of the inspection.(B) A reverse distributor must keep a copy of each manifest signed in accordance with 40 CFR § 262.23(a) as adopted under § 335.54 of this title (relating to Hazardous Waste Manifest) for three years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy must be retained as a record for at least three years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.(C) A reverse distributor must keep a copy of each report required by subparagraph (9)(A) of this subsection for at least three years from the due date of the report.(D) A reverse distributor must keep a copy of each exception report for at least three years from the submission of the report.(E) A reverse distributor must keep records to document personnel training, in accordance with 40 CFR § 262.17(a)(7)(iv) as adopted under § 335.53 of this title.(F) All records must be readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the executive director.(d) When a reverse distributor must have a permit. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the permitting and other requirements of this chapter if the reverse distributor: (1) does not meet the conditions of this section;(2) accepts manifested hazardous waste from off-site;or(3) treats or disposes of hazardous waste pharmaceuticals on-site.30 Tex. Admin. Code § 335.771
Adopted by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0346, eff. 2/3/2022