[Pharmwaste] FW: "Drug Terminator" Followup

Mon Feb 5 11:01:17 EST 2007

To me (personal opinion), if they start going "door to door", it sounds
like they have started a "business".

We have regulations regarding wastewater discharges from a "Centralized
Waste Treatment" (CWT).
See 40 CFR 437 :   http://www.epa.gov/waterscience/guide/cwt/

Here is the definition from that regulation:

 CENTRALIZED WASTE TREATMENT FACILITY--Any facility that treats          
 (for disposal, recycling, or recovery of materials) or recycles any     
 hazardous or non-hazardous industrial waste, hazardous or non-          
 hazardous industrial wastewater, and/or used material from off-site.    
 ``CWT facility'' includes both a facility that treats waste received    
 from off-site exclusively, and a facility that treats wastes            
 generated on-site as well as waste received from off-site. For          
 example, an organic chemical manufacturing plant may, in certain        
 circumstances, be a CWT facility if it treats industrial wastes         
 received from offsite as well as industrial waste generated at the      
 organic chemical manufacturing plant. CWT facilities include re-        
 refiners and may be owned by the federal government.                    

~*^*~*^*~*^*~*^*~*^*~*^*~
 - -Jan

             "Volkman,                                                  
             Jennifer"                                                  
             <Jennifer.Volkma                                        To 
             n at state.mn.us>           pharmwaste at lists.dep.state.fl.us  
             Sent by:                                                cc 
             pharmwaste-bounc         "Burman, Joshua"                  
             es at lists.dep.sta         <Joshua.Burman at state.mn.us>       
             te.fl.us                                           Subject 
                                      [Pharmwaste] FW: "Drug            
                                      Terminator" Followup              
             02/05/2007 10:48                                           
             AM                                                         

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

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