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Federal Register / Vol. 801 No . 186 / Friday , September 25 , 2015 / Proposed Rules 58051
<br /> § 261 .4 (b) (1) because the exclusion where they may be co-mingled 125 with residues remaining in a container are
<br /> applies even when the household controlled substances continue to be specifically addressed in § 261 .33 :
<br /> hazardous wastes are collected . It is excluded from RCRA regulation , The fallowing materials or items are
<br /> important to note that in order to provided they are : hazardous wastes if and when they are
<br /> maintain the exclusion , a retail ( 1 ) Combusted at a municipal solid discarded or intended to be discarded
<br /> pharmacy (or other DEA authorized waste or hazardous waste combustor, ' '(c) Any residue remaining in a
<br /> collector pharmacy) can use the DEA and container re ue inner liner removed
<br /> authorized collection receptacle to (2 ) managed in accordance with all from a container that has held any
<br /> collect waste generated only at applicable DEA regulations (see commercial chemical product or
<br /> households and brought to the store for § 266. 506 (a)(2)) .The Agency solicits P
<br /> manufacturing chemical intermediate
<br /> collection. The hazardous waste comments on all these provisions , g
<br /> generated by the retail pharmacy and On a separate , but related matter, EPA having the generic name listed in
<br /> store , including hazardous waste has received a number of inquiries paragraphs (e) or (f, of this section,
<br /> pharmaceuticals , are not excluded about the exemption in the Clean Air unless the container is empty as defined
<br /> household wastes under RCRA and may Act regulations for Other Solid Waste in § 261 . 7 (b) , [emphasis added)
<br /> not be placed in the DEA authorized Incinerator (OSWI) "units that combust According to § 261 . 7 (b)( 1 ) , there are
<br /> receptacle . 124 Furthermore , states contraband or prohibited goods " (see acute htwo wayazardous waste can be
<br /> s a container that held a non-
<br /> enerall regulate non-hdous waste the exemption at 40 CFR 60 .2887 (p) for
<br /> generally � azarP considered " em
<br /> and they may have licensing or new OSWIs and 40 CFR 60 . 2993 (p) for A container or inner liner removed
<br /> permitting requirements for the existing OSWIs) . As indicated in a
<br /> p g 9 from a container that has held any
<br /> collection of solid waste . Because EPA previous guidance memo, EPA does not consider pharmaceuticals , voluntarily hazardous waste, except a waste that is
<br /> would like to see the use of DEA a compressed as or that is identified as
<br /> authorized collection receptacles collected from ultimate users d stake- an acute hazardous waste listed in
<br /> become widespread , we encourage back program , to be contraband or 261 . 31 or § 261 . 33 (e) of this chapter is
<br /> states to streamline any requirements prohibited goods , Likewise, EPA will amt if: P
<br /> that may create a barrier to the use of not consider pharmaceuticals that are O All wastes have been removed that
<br /> the collection receptacles . voluntarily dropped off at collection can be removed using the practices
<br /> Under this proposal , pharmaceuticals receptacles to be contraband or commonly employed to remove
<br /> authorized collection prohibited goods . Therefore, the OSWI materials from that type of container,
<br /> collected in DEA a
<br /> receptacles will to be excluded exemption does not apply and law e.g. , pouring, pumping, aspirating , and
<br /> continue
<br /> enforcement may not destroy
<br /> from regulation as household hazardous voluntarily collected pharmaceuticals in (ii ) Na more than 2 . 5 centimeters (ane
<br /> waste , with some conditions. Thethe some way that it is allowed to inch) of residue remain on the bottom
<br /> Agency has a long-standing destroy contraband or prohibited goods . of the container or inner liner, or
<br /> moo
<br /> recommendation that household (iii)
<br /> hazardous waste collection programs 3 . Management of Residues in (A) No more than 3 percent by weight
<br /> manage the collected waste as Pharmaceutical Containers of the total capacity of the container
<br /> hazardous waste. We strongly believe a . Regulatory background. Over the remains in the container or inner liner
<br /> that if a program goes to the expense of ears , EPA has received numerous if the container is less than or equal to
<br /> collecting the waste , including waste Y 119 gallons in size; or
<br /> inquiries regarding the regulatory status g
<br /> pharmaceuticals , it should manage the of various types of containers that once (B) No more than 0 . 3 percent by
<br /> waste as hazardous waste, rather than held pharmaceuticals that are weight of the total capacity of the
<br /> manage it as municipal solid waste , considered hazardous waste when container remains in the container or
<br /> which the household could do absent discarded because of the hazardous inner liner if the container is greater
<br /> the collection program . However, the waste residue in the containers . than 119 gallons in sire.
<br /> current household waste exemption Stakeholders have been particularly Therefore, if the container that held
<br /> does not require an entity that hosts a concerned about containers that once the non-acute hazardous waste
<br /> household hazardous waste collection held pharmaceuticals that are on the "P pharmaceutical does not have its
<br /> event to manage the collected waste as list " of acutely hazardous commercial contents removed by a commonly
<br /> hazardous waste. Typically , the arties P Y employed practice and either has one
<br /> P chemical products in § 261 . 33 (e) inch or less of residue remaining or has
<br /> conducting household hazardous waste because a generator becomes an LQG if 3 percent or less by weight of the total
<br /> collection events have been government it generates more than 1 kg of acute capacity of the container remaining,
<br /> entities—municipalities and counties. It hazardous waste per calendar month or then the container is not considered
<br /> is relatively new that retail pharmacies accumulates more than 1 kg of acute "RCRA empty, " even though the
<br /> and others are becoming interested in hazardous waste at any time . 127 The P Y' g
<br /> performing this function . To encourage current regulatory status of acute and pharmaceutical may have been fully
<br /> dispensed. If the container is not "RCRA
<br /> this practice , while at the same time non-acute commercial chemical product
<br /> ensuring that collection programs are empty , " then the residues are regulated
<br /> managing the collected waste properly , ,�S as hazardous waste (since the residues
<br /> DLA does not prohibit co-mingling of are within the container, the container
<br /> we are proposing that pharmaceuticals controlled substances with non-controlled
<br /> that are household hazardous waste substances provided they are all then managed as must be managed as hazardous waste , as
<br /> ( ire. , "household waste controlled substances, well , even if it is not itself hazardous
<br /> pharmaceuticals " ) and are collected in 126 Rudzinski to RCRA Division Directors, waste) . On the other hand, if the
<br /> DEA authorized collection receptacles September 26, 2012. RCRA Onlina £114633 h1tpJ1 contents of the container have been
<br /> P yosemi!e.epa.aovloswlrcm.nsfloc994248c23994 removed by a commonly employed
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<br /> 124 DEA regulations also prohibits retail pharmacy b16852 57afe005eh5rr, !QpenDocumenL '..
<br /> stock/inventory from being placed in the collection , co- Additionally, acute hazardous wastes are 12e we are assuming that containers that hold
<br /> receptacle or mail-back envelopes (see 21 CPR included on thn F-list of § 261 .31 : however none of pharmaceuticals are in containers less then 119
<br /> 1317.05(a) l. those acute hazardous wastes are pharmaceuticals, gallons in size.
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