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Federal Register / Vol. 80 , 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
<br /> addressed in materials o 61 . 33 : are
<br /> hazardous wastes are collected . It is excluded from RCRA regulation , hazardous wastes if and when they are
<br /> important to note that in order to provided 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, residue remaining in a
<br /> collector pharmacy) can use the DEA and g contain(c) Any er rere ue inner liner removed
<br /> authorized collection receptacle to (2) managed in accordance with all from a er or
<br /> inar 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 manufacturing chemical intermediate
<br /> collection. The hazardous waste comments on all these provisions . having the generic name listed in
<br /> generated by the retail pharmacy and On a separate , but related matter, EPA aro rapphs (e) or (f) of this section,
<br /> store , including hazardous waste has received a number of inquiries unless the container is empty as defined
<br /> pharmaceuticals , are not excluded about the exemption in the Clean Air in § 261 . 7 (b) . (emphasis added )
<br /> household wastes under RCRA and may Act regulations far Other Solid Waste According to § 261 . 7 (b) ( 1 ) , there are
<br /> not be placed in the DEA authorized. Incinerator (OSWI) "units that combust two ways a container that held a non"
<br /> receptacle . 124 Furthermore , states contraband or prohibited goods" (see acute hazardous waste can be
<br /> generally regulate non-hazardous waste the exemption at 40 GFR 60 . 2887 (p) for considered " empty",
<br /> and they may have licensing or new OS and 40 CFR 60 . Z993 (p) for A container or an inner liner removed
<br /> permitting requirements for the existing OSWIs) . As indicated in a from a container that has held any
<br /> collection of solid waste . Because EPA previous guidance memo , EPA does not hazardous waste, except a waste that is
<br /> would like to see the use of DEA consider pharmaceuticals , voluntarily a compressed gas or that is identified as
<br /> authorized collection receptacles collected from ultimate users in a take- an acute hazardous waste listed in
<br /> become widespread , we encourage s , back program, to be contraband or
<br /> states to streamline any requirements prohibited goods . 126 Likewise, EPA will § 261 . 31 or § 261 .33 (e) of this chapter is
<br /> not consider pharmaceuticals that are empty if: ved that
<br /> that may create a barrier to the use of voluntarily drpped off at collection (i) All wastes have been remo
<br /> the collection receptacles , can be removed using the practices
<br /> Under this proposal , pharmaceuticals
<br /> receptacles to be contraband or commonly employed to remove
<br /> collected in DEA authorized collection prohibited goods . Therefore , the OSWI y em Po y
<br /> exemption does not apply and law materials from that type of container,
<br /> receptacles will continue to be excluded e.g. , pouring, pumping, aspirating , and
<br /> P enforcement may notpdestroy (ii) No more than 2 . 5 centimeters (one
<br /> from regulation as household hazardous voluntarily collected harmaceuticals in inch ) of residue remain on the bottom
<br /> waste , with some conditions . The the same way that it is allowed tool' the container or inner liner, or
<br /> Agency has a long-standing destroy contraband or prohibited goods . (iii)
<br /> recommendation that household No more than 3 percent b weight
<br /> hazardous waste collection programs 3 . Management of Residues in (A) P y g
<br /> Pharmaceutical Containers of the total capacity of the container
<br /> manage the collected waste as
<br /> hazardous waste. We strongly believe o . Regulatory background. Over the remains in the container or inner liner
<br /> that if a program goes to the ex ease of if the container is less than or equal to
<br /> p a g P years, EPA has received numerous 119 gallons in size ; or
<br /> collecting the waste , including waste inquiries regarding the regulatory status (B) No more than 0 . 3 percent by
<br /> pharmaceuticals , it should manage the of various types of containers that once weight of the total capacity of the
<br /> waste as hazardous waste , rather than held pharmaceuticals that arecontainer remains in the container or
<br /> manage it as municipal solid waste , considered hazardous waste when inner liner if the container is greater
<br /> which the household could do absent discarded because of the hazardous than lin gallons in size,
<br /> the collection program . However, the waste residua in the containers. Therefore , if the container that held
<br /> current household waste exemption Stakeholders have been particularly the non-acute hazardous waste
<br /> does not require an entity that hosts a concerned about containers that once pharmaceutical does not have its
<br /> household hazardous waste collection held pharmaceuticals that are on the " 1'- contents removed by a commonly
<br /> event to manage the collected waste as list" of acutely hazardous commercial employed practice and either has one
<br /> hazardous waste. Typically , the parties 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 /> V 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 pharmaceutical may have been fully
<br /> performing this function . To encourage current regulatory status of acute and dispensed . If the container is not "RCRA
<br /> this practice , while at the same time non-acute commercial chemical product empty , " then the residues are regulated
<br /> ensuring that collection programs are as hazardous waste (since the residues
<br /> managing the collected waste properly , 127s DEA does not prohibit co•minglins of are within the container, the container
<br /> we are proposing that pharmaceuticals controlled substances with rn
<br /> h non-controlled 8 must be managed as hazardous waste , as
<br /> that are household hazardous waste substances provided the are all then ana ed as g
<br /> well , even if itis not itself hazardous
<br /> (i. e. , " household waste controlled substances,
<br /> 125 dzinski to RCRA Division Directors, waste) . On the other hand , if the
<br /> pharmaceuticals ") and are collected in September 2a, 2012s RCRA Online # 14833 hep:11 contents of the container have been
<br /> DEA authorized collection receptacles Yosemite.epo.ryvvlosw/rcra.nsj/l)c994248c29ss9 removed by a commonly employed
<br /> 7e85256d666671I75f/fcb11dd6f6ld4
<br /> 124 DEA regulations also prohibits retail pharmacy b16852.t7ajeot75ah5ce!OlrenDocument.
<br /> , sa We are assumingthat containers that hold
<br /> from being placed in the collection , xr Additionally, acute hazardous wastas are
<br /> stock/inventory
<br /> receptacle mail-back envelopes (sea 7.1 CI R included on the 1�•list of § ze1 .31s however none of pa ons in sze
<br /> t ,s are in containers less than Ito
<br /> 1317.05 (aJJ. those acute hazardous wastes are pharmaceuticals, g
<br />
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