FW: [Pharmwaste] FW: appropriate disposal of expired drugs

Tenace, Laurie Laurie.Tenace at dep.state.fl.us
Tue Oct 7 14:20:31 EDT 2008


Here's another comment about Household Hazardous Waste.

 

(Ross, I wish you'd join the list serve! Go to
http://lists.dep.state.fl.us/cgi-bin/mailman/listinfo/pharmwaste
<http://lists.dep.state.fl.us/cgi-bin/mailman/listinfo/pharmwaste>  and
follow the directions there.)

Laurie

 

Laurie J. Tenace
Environmental Specialist
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 4555
Tallahassee, Florida 32399-2400
PH: (850) 245-8759
FAX: (850) 245-8811
Laurie.Tenace at dep.state.fl.us 

Mercury web pages:
http://www.dep.state.fl.us/waste/categories/mercury/default.htm

Unwanted Medications web pages:
http://www.dep.state.fl.us/waste/categories/medications/default.htm




Please Note:  Florida has a very broad public records law.  Most written
communications to or from state officials regarding state business are public
records available to the public and media upon request.  Your e-mail is
communications and may therefore be subject to public disclosure.





From: Bunnell, Ross [mailto:Ross.Bunnell at ct.gov] 
Sent: Tuesday, October 07, 2008 1:53 PM
To: Charlotte A. Smith; Tenace, Laurie; pharmwaste at lists.dep.state.fl.us
Cc: APittman at HCNetwork.org
Subject: RE: [Pharmwaste] FW: appropriate disposal of expired drugs

 

Dear Pharmwaste list serve members:

 

A word of caution from a self-admitted RCRA wonk to those of you who may not
have much exposure to the issue of household vs. non-household waste under
RCRA.  The EPA regulation in question here is the so-called household waste
exemption of 40 CFR 261.4(b)(1), which provides an exemption from hazardous
waste regulation for:

 

 "Household waste, including household waste that has been collected,
transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel)
or reused.  'Household waste' means any material (including garbage, trash,
and sanitary wastes in septic tanks) derived from households (including
single and multiple residences, hotels and motels, bunkhouses, ranger
stations, crew quarters, campgrounds, picnic grounds, and day-use recreation
areas)..."

 

This definition leaves a lot of room for interpretation, especially with
respect to the kinds of facilities that qualify as "households," and, by
extension, the wastes that qualify for the exemption  However, EPA has
provided guidance on the interpretation of this provision.  This EPA guidance
focuses on two key criteria:  (1) the waste must be generated by individuals
in a household; and, (2) it must be the type of waste typically generated by
residents in their homes.  So, to give an illustrative example,
pharmaceutical wastes generated in a surgery center of a hospital are clearly
not household wastes since they are not typical of the kinds of wastes
generated by homeowners in their own homes.  However, if a patient in the
same hospital has over-the-counter medications or personal care products of
their own that they dispose of in the trash can in their hospital room, those
WOULD qualify as household wastes.  The same could be said of similar wastes
generated at a long-term residential care facility (i.e., some may be exempt
as household waste whereas others may not).   To provide another example,
EPA has indicated that wastes generated from the administration of medical
care by healthcare professional in a patient's own home qualify as exempt
household wastes.  The determining factor is not the type of facility at
which the waste is generated, but who actually generates the waste and what
kind of waste it is.  For more detailed info on EPA's policy on household
wastes, see the following links:

 

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/0BA7F04
C5E421B4585256817006E30A2/$file/13277.pdf

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/7ED5D80
ABEB712818525670F006C0736/$file/13432.pdf

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/B1EA401
0185041DF8525670F006C22C7/$file/12624.pdf

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/4BE8912
14D0333658525670F006BCD54/$file/13736.pdf

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/E28872E
6E98C9D44852568E300468084/$file/14115.pdf

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/8F99769
96B1D6DB185256D6E005F920B/$file/14673.pdf

http://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/F00B956
51A8F5F358525670F006BECDE/$file/11780.pdf

 

Although such guidance is technically not binding on states to follow, it is
typically honored by most states.  However, EPA does grant states some
flexibility to form their own interpretations if the regulations are not
themselves clear.  Based on the above, Wisconsin DNR's chart as referenced by
Charlotte, which focuses primarily on the type of facility generating the
waste, may not be the interpretation adopted by many state's RCRA programs
(my state - Connecticut - being one).

 

--Ross Bunnell, Sanitary Engineer 3

CT Department of Environmental Protection (DEP)

Bureau of Materials Management and Compliance Assurance

Waste Engineering & Enforcement Division

Tel.  860.424.3274

Fax  860.424.4059

ross.bunnell at ct.gov

 

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Charlotte A.
Smith
Sent: Monday, October 06, 2008 6:41 PM
To: Tenace, Laurie; pharmwaste at lists.dep.state.fl.us
Cc: APittman at HCNetwork.org
Subject: RE: [Pharmwaste] FW: appropriate disposal of expired drugs

 

The Wisconsin DNR has come up with a grid defining the type of facility that
they consider a business versus a "home" with respect to the enforcement of
RCRA. It is our understanding WDNR expects businesses to comply with existing
hazardous waste regulations, including pharmaceuticals. You can access the
website at
http://dhs.wisconsin.gov/rl_dsl/Publications/pdfmemos/08-003attch.pdf

 

I hope this is helpful.

 

Best regards,

 

 

Charlotte A. Smith, R. Ph., M.S., HEM

President

PharmEcology Associates, LLC

12229 W. North Ave., Suite 2

Wauwatosa, WI 53226

414-292-3959

414-915-4026 (cell)

csmith at pharmecology.com

www.pharmecology.com

  _____  

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Tenace, Laurie
Sent: Monday, October 06, 2008 3:19 PM
To: pharmwaste at lists.dep.state.fl.us
Cc: APittman at HCNetwork.org
Subject: [Pharmwaste] FW: appropriate disposal of expired drugs

 

Here is a question from a non-member of the list serve. But I think it is a
good question for us to discuss and I'd like to hear of any solutions other
states have come up with for clinics, nursing homes, vets - the people that
kind of fall through the cracks - not covered by homeowner's exemptions but
not big enough to use reverse distribution. I hate to tell them about RCRA
and that they need incur costs to dispose of their drugs and have been told
on more than one occasion that they are going to keep flushing their meds
until I come up with a regulation that says they can't. 

 

Any good solutions out there? Or does anyone have regulations that help these
very small generators? 

 

Laurie J. Tenace
Environmental Specialist
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 4555
Tallahassee, Florida 32399-2400
PH: (850) 245-8759
FAX: (850) 245-8811
Laurie.Tenace at dep.state.fl.us 

Mercury web pages:
http://www.dep.state.fl.us/waste/categories/mercury/default.htm

Unwanted Medications web pages:
http://www.dep.state.fl.us/waste/categories/medications/default.htm




Please Note:  Florida has a very broad public records law.  Most written
communications to or from state officials regarding state business are public
records available to the public and media upon request.  Your e-mail is
communications and may therefore be subject to public disclosure.




 

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From: Pittman, Anita [mailto:APittman at HCNetwork.org] 
Sent: Monday, October 06, 2008 12:49 PM
To: pharmwaste at lists.dep.state.fl.us
Subject: appropriate disposal of expired drugs

 

What is the appropriate and acceptable disposal policy for prescription and
over the counter drugs  in a small clinic (non-narcotic)

Thank you 

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