[Pharmwaste] FW: "Drug Terminator" Followup

[Volkman, Jennifer]

Hey all,
This is a reply from a HW regularory person in MN on the Drug Terminator, based on a message I sent about this portable incinerator.  The response is based on MN rules, but similar rules likely apply in other states.  
 
I have a question.  See the contraption below.  If I buy one of these and park it in a neighborhood and go door to door asking for unused/unwanted pharms from households and burn them up in this thing, am I subject to any permitting process?  OK, I know it sounds like I'm joking, but many of these things have been sold.  I am thinking they might be small enough to escape AQ regulation and it sorta slips by the HHW rules that say waste becomes HW after it is collected (this would be immediately burned).  Pharms are a big problem if sewered.  How about if a hospital uses one for destroying its own non-haz pharms?
www.drugterminator.com <http://www.drugterminator.com/>  

________________________________

From: Burman, Joshua
Sent: Sun 2/4/2007 12:36 PM
To: @PCA Metro County HW Coordinators; Nanette Geroux (E-mail); Marie Olaes; Zimmer, Catherine; Arthur, Nate; Awad, Fawzi; Berglund, Peter; Bock, Sheryl; Burman, Joshua; Dyess, Kathy; Freischel, Bill; Jensen, Jennifer; Maurice, Tanya; Reilly, Karen; Schmidt, Laura; Walter, Rebecca
Cc: 'Adam Frederick'; Bibeau, Christine; Dale, Tina
Subject: RE: "Drug Terminator" Followup


I would like to respond to your queries regarding the "Drug Terminator" in general and specific: 

- "...If I buy one of these and park it in a neighborhood and go door to door asking for unused/unwanted pharms from households and burn them up in this thing, am I subject to any permitting process?..."

= Operation of these units is completely prohibited in Minnesota by all except hospitals (more on that below).  They are defined as Class IV Waste Combustors, which are prohibited explicitly by Minn. R. 7011.1220, Subp. 1.

http://www.revisor.leg.state.mn.us/arule/7011/1220.html 
In addition, such an activity would fall squarely into the definitions of treatment and disposal of solid waste, which is subject to a Solid Waste Permit by Minn. R. 7001.3050, Subp. 1, Item A.

http://www.revisor.leg.state.mn.us/arule/7001/3050.html 

- "...it sorta slips by the HHW rules that say waste becomes HW after it is collected (this would be immediately burned)..."

= Though the HW Rules do not explicitly define 'collection', our interpretation would almost certainly be that the act of accepting the pharmaceuticals from a household for placement into the burner also transfers the ownership of the waste to the de-facto HHW Program (burner) and thus subjects it to the full requirements of Minn. R. 7045.0310, which would then prohibit disposal by burning through the referral contained in Subp. 3 to the disposal requirements of Minn. R. 7045.0208.

http://www.revisor.leg.state.mn.us/arule/7045/0310.html 

- "...How about if a hospital uses one for destroying its own non-haz pharms?..." 
= Theoretically, a hospital may operate a Class IV Waste Combustor (such as a 'Drug Terminator', 'MediBurn', etc.), however it is subject to the notification and emissions requirements of Minn. R. 7011.1210, Subp. 2.  These are fairly stringent and would require very expensive testing to demonstrate prior to allowed operation.  To my knowledge, no hospital in Minnesota has expressed interest in installing any new incinerators in the past several years.

http://www.revisor.leg.state.mn.us/arule/7011/1210.html 

*As an aside, the 'Drug Terminator' in specific was designed and is marketed to law enforcement agencies for disposal of illegal controlled substances.  While such disposal in Minnesota is subject to the full HW Rules, we have not yet chosen to this point to actively target such operations for inspection and enforcement.

Thanks. 

Joshua Burman 
Pollution Control Specialist, HW/PCB Programs 
MPCA, Mankato Office