Texas Guide To Medical Waste Disposal
Sharps and medical waste disposal standards vary slightly from state to state, but they all serve the same goal: to keep physicians, patients, and the environment safe.
You may be following federal biological waste management rules (or at least we hope you are), but do you know Texas’ unique codes and restrictions? The regulations of the federal government and the states are not always the same. In reality, state regulations governing the segregation, disposal, and transportation of medical waste are frequently more stringent than federal regulations.
Texas Defines Medical Waste As:
The Texas Administrative Code (TAC), Title 30, Part One, Chapter 326: Environmental Quality, the Texas Commission on Environmental Quality (TCEQ), and Medical Waste Management all have specific nomenclature and definitions for distinct types of medical waste.
Do you know that the volume of poundage produced by a small quantity generator (SQG) or a large quantity generator (LQG) in Texas is regulated? To restate, are you familiar with the volume restrictions that apply to a single physician’s office versus a huge hospital? Do you know what your facility’s average poundage is? Your medical waste disposal partner should be able to provide you with this information without difficulty. Go Green Solutions, LLC works with facilities to ensure that the amount of waste they produce is always transparent. In Texas, a medical waste generator that produces 50 pounds of waste per month or less is called a small quantity producer. Large quantity generators are those that produce more than 50 pounds of medical waste per month. These generator sizes only apply to biological waste, not RCRA-regulated trash. Hazardous waste (the generator classes for hazardous waste are slightly different)
Hazardous medical waste is defined by the Texas Administrative Code (rule §326.3) as “any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, United States Code 42, §§ 6901.”
“Medical waste” is described as “processed and untreated special waste from care related facilities that is constituted of animal waste, bulk blood, bulk human blood, bulk human body fluids, microbiological waste, pathological waste, and sharps,” as defined in 25 TAC sections 1.132, 25 TAC, and 1.134. This is also defined under regulated medical waste definitions in the code of federal regulations, 49 173.134 (a) (5) – but it excludes medical waste produced on a farm or ranch, as well as any nonhuman or artificial materials removed from a patient and those that are requested by the patient (yes, it happens), which can include orthopedic devices or even a breast implant!
But here’s the thing: in Texas, you’ll come across what’s known as nuisance waste, which is defined as “any kind of waste that is stored, processed, or disposed of in a manner that causes pollution of surrounding land, contamination of groundwater or surface water, breeds insects or rodents, or otherwise creates odors that are offensive to human safety, health, or welfare.” You might want to have a look at this Texas Administrative Code judgement (definitions) because it’s quite interesting. Specific restrictions for the management and disposal of medical waste in the Lone Star state are just as critical.
Texas Medical Waste Management & Disposal
The Texas Commission on Environmental Quality has highly detailed criteria for defining medical waste, on-site storage of medical waste, approved transit of medical waste, and on-site treatment of medical waste. If one takes the time to read through the Texas medical waste management requirements thoroughly, they are detailed and unambiguous. Take advantage of the opportunity.
Do you know if your facility qualifies for on-site medical waste storage, for example? In Texas, regulation 30 TAC 326.3 (14) states that SQGs and LQGs are not required to notify, obtain permits, registration, or other types of authorization in order to store medical waste on the facility’s premises, but there is a catch: the medical waste must only be generated on the premises, it must be stored securely, and it cannot cause a nuisance.
If your facility’s administration decides to handle medical waste on site, there are a number of rules to follow (30 TAC 326.39 through 326.41), including but not limited to:
- 25 TAC 1.136 requires the use of relevant and approved methods
- 326.39 and 326.41 need adequate logs and maintenance records of treatment activities
- Medical waste that has been treated must be disposed of in line with sections 326.39 (c) and 326.41 (c)
Also, a notice form (Waste Permits Division) for on-site medical waste treatment must be filed with the Texas Commission on Environmental Quality (TCEQ). (TCEQ-20788 form)
Texas Sharps Disposal
Healthcare workers in numerous places across the country, including Texas, are confused about sharps disposal rules. You’re not the only one who feels this way! Education is a never-ending process. Is there a distinction between the rules that regulate a healthcare facility and those that govern a household user, such as those who self-inject?
The Texas Commission on Environmental Quality (TCEQ) has published an information document on how to properly dispose of household syringes, which will lessen the possibility of fines or penalties for noncompliance. Sharps are defined and classified as a kind of medical waste by the TECQ, and hence fall under medical waste rules in Texas.
That’s where knowing how to read the fine print comes in handy: Regard shipments of treated medical waste, including sharps or residuals of sharps, that originate from a healthcare facility, follow the criteria established in 25 TAC 1.136 [as well as 326.23 (e)]. In such circumstances, paperwork and written statements certifying that shipments to solid waste landfills were processed using an approved technique in conformity with the legislation must accompany the cargo.
Disposal, segregation, placement, and types of sharps containers are all covered under rule 326.3 (definitions) and regulation 25 TAC 1.132 (also definitions), as well as guidelines for medical waste management and disposal.
When it comes to disposing of medical sharps and needles, most states follow EPA requirements. A number of provisions involving needle safety legislation are specified in Texas rules (1999 TEX HB 2085).