Hazardous Waste Pharmaceuticals Management

TCEQ adopted rules for hazardous waste pharmaceutical management in Title 30 Texas Administrative Code (TAC) Chapter 335 Subchapter W. The rules establish cost-saving, streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector while maintaining protection of human health and the environment. The rules became effective in Texas on Feb. 3, 2022.

On this page:

Healthcare Facilities
Sewering Ban
Change Regarding Nicotine in P075 Listing
Reverse Distributors
More Information and Help

Healthcare facilities (30 TAC 335.751) may need to notify TCEQ of their hazardous waste pharmaceutical activity. The notification requirements under 30 TAC 335 Subchapter W depend on the hazardous waste quantities generated by the healthcare facility each month. Many small healthcare facilities do not have a notification requirement. See the table below to determine if your facility needs to notify.

Total quantity of hazardous waste, including hazardous pharmaceutical waste, per month	Quantity of non‑pharmaceutical hazardous waste per month	Notification requirement
100 kilograms or more of non‑acute hazardous waste or 1 kg or more of acute hazardous waste	100 kg or more of non‑acute hazardous waste or 1 kg or more of acute hazardous waste (SQG or LQG)	Submit Parts D and G of form TCEQ‑00002 to update your existing solid waste registration or the entire TCEQ-00002 to obtain a new registration
100 kg or more of non‑acute hazardous waste or 1 kg or more of acute hazardous waste	Less than 100 kg of non‑acute hazardous waste and less than 1 kg of acute hazardous waste per month (VSQG)	Submit EPA form 8700‑12 to get an EPA ID. Check "Y" for "Operating under 40 CFR Part 266, Subpart P…"
Less than 100 kg of non‑acute hazardous waste and less than 1 kg of acute hazardous waste	Less than 100 kg of non‑acute hazardous waste and less than 1 kg of acute hazardous waste (VSQG)	No notification requirement unless a facility chooses to manage their pharmaceutical waste under Subchapter W. If managing under Subchapter W, submit EPA form 8700‑12 to get an EPA ID and check "Y" for "Operating under 40 CFR Part 266, Subpart P…"

Hazardous pharmaceutical wastes generated by healthcare facilities do not count toward the monthly quantity-based determinations for generator categories [30 TAC 335.53(b)(11) ]. Healthcare facilities do not have to register or report their hazardous pharmaceutical wastes [30 TAC 335.755(i)(1) & 335.757(d) ].

Where Do I Send the Forms?

Send new notifications and updates via

Postal mail to:
Texas Commission on Environmental Quality
IHW Registration and Reporting, MC-129
PO Box 13087
Austin, TX 78711-3087
Overnight services to:
Texas Commission on Environmental Quality
IHW Registration and Reporting, MC-129
12100 Park 35 Cir Bldg D
Austin, TX 78753

Fax updates only to (512) 239-6410.

What are the Manifesting Requirements for Healthcare Facilities?

Non-creditable hazardous pharmaceutical wastes shipped off-site:
- Use a Uniform Hazardous Waste Manifest.
- Use “PHRM” as the sequence code for the Texas Waste Code on manifests [30 TAC 335.767(a)(2)(B)]. Use a full Texas Waste Code (for example, "PHRM005H").
  - Any healthcare facility located within Texas who will ship their non-creditable hazardous pharmaceutical waste off-site should use “PHRM” as the sequence code.
  - Healthcare facilities located outside of Texas should use “PHRM” as the sequence code when shipping non-creditable hazardous pharmaceutical waste off-site to a receiver in Texas.
- EPA Hazardous Waste Numbers/Codes (EHWNs) are optional.
Potentially creditable hazardous pharmaceutical wastes: These shipments do not require manifesting [30 TAC 335.757 ].

What are the Registration Requirements?

Healthcare facilities that generate 100 kg or more of non-acute non-pharmaceutical hazardous waste or 1 kg or more of acute non-pharmaceutical hazardous waste will need to maintain an active solid waste registration. Healthcare facilities that consistently generate zero or very small quantity generator amounts of non-pharmaceutical hazardous waste should inactivate any existing SWRs, if applicable, using TCEQ-20848.

If a healthcare facility has notified TCEQ under 30 TAC 335 Subchapter W and has waste management units (WMUs) on their registration that only managed hazardous waste pharmaceuticals, the facility may request administrative closure of the WMUs. To do this, the facility should send a signed letter to IHW Registration and Reporting with the following information:

SWR number.
Date the facility opted into 30 TAC 335 Subchapter W.
Sequence numbers of any WMUs that only managed hazardous waste pharmaceuticals.
A statement confirming that the WMUs listed only managed hazardous waste pharmaceuticals.

When is an Empty Pharmaceutical Container No Longer Considered Hazardous Waste?

Containers that used to hold hazardous waste pharmaceuticals are non-hazardous waste if they meet the requirements in 30 TAC 335.765 . The rule addresses:

Stock, dispensing, and unit-dose containers.
Syringes.
Intravenous bags.
Other containers, such as delivery devices.

TCEQ has adopted a sewering ban (30 TAC 335.761) for hazardous waste pharmaceuticals generated at healthcare facilities and reverse distributors. The sewering prohibition does not include non-hazardous pharmaceutical wastes. However, TCEQ discourages sewering of any pharmaceuticals in any setting. See recommendations for disposal of household pharmaceutical waste.

Discarded, FDA-approved, over-the-counter nicotine replacement therapies (such as patches, gums, and lozenges) are:

no longer considered hazardous waste, and
exempt from EPA Hazardous Waste Number (EHWN) P075 for nicotine.

Generators of nicotine replacement therapies may discard them as non-hazardous waste. Generators must manage all other nicotine waste that meets the P075 listing as acute hazardous waste. E-liquids and e-cigarettes do not qualify as nicotine replacement therapies.

Reverse distributors help healthcare facilities receive credit from pharmaceutical manufacturers for unused pharmaceuticals. Reverse distributors must follow the rules adopted in 30 TAC 335 Subchapter W, including the management requirements of 30 TAC 335.771 . The registration and reporting requirements for reverse distributors include:

An active solid waste registration [30 TAC 335.771(a)(1) ].
Waste code(s) with Source Code G76 on their notice of registration for any evaluated non-creditable hazardous waste pharmaceuticals they generate.
Annual waste summary reporting for their non-creditable hazardous pharmaceutical waste [30 TAC 335.771(9)(A) ].
For manifests of hazardous waste pharmaceuticals, listing the waste codes on their notice of registration and EHWNs in box 13 of the manifest [30 TAC 335.767(a)(2) and 30 TAC 335.771(c)(5) ].

When and Where Do Reverse Distributors Send Unauthorized Waste Reports?

Reverse distributors must report any unauthorized waste they receive. Examples of unauthorized waste include non-pharmaceutical hazardous waste and regulated medical waste. The report must include the information specified in 30 TAC 335.771(a)(9)(A)(i-vi) . Submit unauthorized waste reports to the reverse distributor's TCEQ regional office within 45 days. Send another copy to the healthcare facility (or other entity) that sent the unauthorized waste.