[Pharmwaste] FW: drug terminator incinerators & haz waste pharms list

Barry Fernandez barry at clean-fuels.net
Tue Nov 13 19:40:49 EST 2012


So, to be clear, household generated pharmaceuticals are not RCRA regulated and would therefore be exempt from regulation... does that carry over to incineration from take-back events?


Barry Fernandez, President
Clean Fuels of Florida, Inc.
2635 NE 4th Avenue<x-apple-data-detectors://0/0>
Pompano Beach, FL 33064<x-apple-data-detectors://0/0>
Office: (954) 791-9588<tel:(954)%20791-9588>
Fax:     (954) 791-9366<tel:(954)%20791-9366>
Cell:     (305) 216-4941<tel:(305)%20216-4941>
barry at clean-fuels.net<mailto:barry at clean-fuels.net>
www.clean-fuels.net<http://www.clean-fuels.net/>


Sent from my iPad

On Nov 13, 2012, at 5:28 PM, "Shield, Margaret" <Margaret.Shield at kingcounty.gov<mailto:Margaret.Shield at kingcounty.gov>> wrote:

Yes, you are correct WA dangerous waste regulations do exempt household generated wastes.  It’s a regulatory loophole….the pills themselves are all the same chemicals, and pose the same risks as haz waste, whether they come from a hospital or from a home.
However, some local jurisdictions in our state have stronger local ordinances or solid waste acceptance policies that either ban or seek to discourage disposal of moderate risk wastes in the solid waste system.

More blurbs from my files…..

Local ordinances in Snohomish and Kitsap Counties (covering 14% of state population) prohibit pharmaceuticals or other products that designate as household hazardous waste in their trash.

Snohomish County Code
SCC 7.41.050 Types of wastes that are unacceptable.
“(7) Pharmaceutical wastes including expired, unused or contaminated drugs and vaccines are not acceptable at any solid waste disposal sites.”
http://www.co.snohomish.wa.us/Documents/Departments/Council/county_code/CountyCodeTitle7.pdf

Kitsap Health District regulations ban the landfill disposal of Moderate Risk Waste (MRW).
Section 305(6)(d)(i)
“MRW (Moderate Risk Waste) shall not be deposited in the general municipal solid waste collection system, a public sewer system, a storm drain, an on-site sewage system, in surface or ground water, or onto or under the surface of the ground.”
http://www.kitsapcountyhealth.com/environmenta_health/solid_waste/docs/swregs.pdf

King County’s Waste Acceptance Rule and Seattle’s Municipal Code state that dangerous and hazardous waste from households should be disposed of properly, not in the solid waste stream.  However these agencies do not ban disposal of such materials in the trash if a proper disposal system does not exist (“no ban without a plan”).

King County Waste Acceptance Rule
Department Code No.: PUT 7-1-5 (PR)
Department/Issuing Agency: Department of Natural Resources and Parks, Solid Waste Division
Effective Date: June 20, 2005
Full policy at: http://www.kingcounty.gov/operations/policies/rules/utilities/put715pr.aspx .

5.18 “Household hazardous waste” (HHW) means all waste that would meet the characteristics or criteria for designation as a State Dangerous Waste or Extremely Hazardous Waste under WAC 173-303 except that it is generated at a residence and is exempt from regulation as hazardous waste. It includes, but is not limited to, cleaning agents, pesticides, solvents, motor fuels, crankcase oil, and chemicals used for home repair and remodeling, auto, boat and equipment maintenance, and hobby and recreational uses.

6.23 Household hazardous wastes. The Solid Waste Division recommends that hazardous household materials be used completely before disposing of empty containers. If materials cannot be used, they should be disposed at a household hazardous waste facility. Materials designated by this Rule as not accepted, (or as not accepted from residential customers) are not accepted for disposal at County facilities even in household quantities. Call the Household Hazards Line (206-296-4692) or click here <http://www.govlink.org/hazwaste/> for more information on household hazardous waste.

Seattle Municipal Code
Title 10 - HEALTH AND SAFETY
Chapter 10.76 - Hazardous Waste Management Coordination Committee
SMC 10.76.010 Findings and authority.
A. The City of Seattle finds that it is in the interest of the preservation and promotion of public health that moderate risk wastes not be commingled with other solid waste nor placed into sewage disposal systems through which underground and surface waters may be contaminated. The City finds that
enhanced public education and enforcement of existing regulations will reduce the quantity of moderate risk wastes entering the regular solid waste stream and sewage disposal systems, and that additional funding is required for these enhancements. The City finds that a regional intergovernmental approach is best suited to these enhancements as described in the Local Hazardous Waste Management Plan for Seattle-King County.
B. Authority for this chapter is contained in RCW 70.05.060 and 70.95.160.


From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Bunnell, Ross
Sent: Tuesday, November 13, 2012 2:15 PM
To: 'Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>'
Subject: [Pharmwaste] FW: drug terminator incinerators & haz waste pharms list

Margaret:

Do the State of Washington’s hazardous waste regulations incorporate the federal exemption for household hazardous waste?  If so, pharmaceuticals collected from residents would be exempt from RCRA, as they are in most other states.  That’s sort of the problem.  In the absence of RCRA applicability, there can often be a lack of meaningful regulation on residentially-generated materials, even if they are very nasty, such as chemotherapy agents, for example.

--Ross Bunnell
Sanitary Engineer 3
-----------------------
Connecticut Department of Energy & Environmental Protection (DEEP)
Bureau of Materials Management & Compliance Assurance
Waste Engineering & Enforcement Division
79 Elm Street
Hartford, CT 06106-5127
Office:  (860) 424-3274
Fax:       (860) 424-4059
Email:  ross.bunnell at ct.gov<mailto:ross.bunnell at ct.gov>
Website:  www.ct.gov/deep<http://www.ct.gov/deep>

<image001.png>

Conserving, improving and protecting our natural resources and environment;
Ensuring a clean, affordable, reliable, and sustainable energy supply.

Disclaimer:  Any views expressed in this email represent only the sender's personal opinion based on his knowledge and experience with the DEEP, and in no way should be considered a formal ruling by the Department.  It is always the obligation of a generator or other handler of waste to be familiar with and to comply with all applicable state and federal requirements.



From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Shield, Margaret
Sent: Tuesday, November 13, 2012 4:59 PM
To: Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>
Subject: [Pharmwaste] drug terminator incinerators & haz waste pharms list

My view is that there is no way that they are NOT burning hazardous waste if they are burning unsorted pharmaceuticals because there are enough commonly used drugs that designate as RCRA waste.

Below is my standard blurb on this issue, and link to GAO report about how the list of haz waste pharms need to be updated.  Attached is handout I use that includes some examples of commonly used medicines that designate as RCRA haz waste.  And then, here in Washington State, we have more stringent dangerous waste regulations.

After RCRA was established in 1976, lists of hazardous wastes were developed, which included chemotherapy drugs and other medicines.  About 5% of medicines sold in 1976 were designated as hazardous waste.  Unfortunately, the RCRA lists have not been updated to consider the thousands of new medicines, including chemotherapy drugs that have been developed in the last thirty years.  One estimate suggests that if the RCRA lists were updated, approximately 15% of medicines sold today would be considered hazardous.  A recent report from the U.S. EPA’s Office of the Inspector General, titled “EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal”, called on the EPA to create a process for updating the lists and ensuring that healthcare facilities are disposing of all waste medicines properly.

U.S. EPA Office of the Inspector General Report, May 25, 2012. EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal http://www.epa.gov/oig/reports/2012/20120525-12-P-0508_glance.pdf

Thanks for all the good resources to respond to the Drug Terminator burn barrels.   Let’s protect our law enforcement partners by ensuring they know that this is not the way to go.
Thanks,
Margaret

Margaret Shield PhD, Policy Liaison
Local Hazardous Waste Management Program in King County
130 Nickerson Street, Suite 100, Seattle, WA 98109-1658
(w) 206-263-3059  (c) 206-265-9732
Local Governments for Health and the Environment - www.lhwmp.org<http://www.lhwmp.org>



From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Bartlett, Elizabeth
Sent: Tuesday, November 13, 2012 1:27 PM
To: 'Barry Fernandez'; Price, John L. "Jack"; 'Lucy, Burke'; Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>
Cc: George, Larry; Perrigan, Glen
Subject: RE: [Pharmwaste] RE: pharmaceutical incineration - air permitting exemption for portable burn units limited to "contraband"

I used to work in hazardous waste combustor permitting in a past life, so I decided to take a quick look at the permit for this unit.

The original construction permit was issued in January 2012 for the Drug Terminator and the MediBurn 20, but was later modified in August 2012 to change the manufacturer/unit to the: SuperNova “ELIMINATOR”, Incinerator – Model No. SN500 - ( Small, Portable “OSWI”) With this change, they added diesel and propane as fuel sources (was originally just wood and charcoal).

OSWI = Other Solid Waste Incinerator regulated under 40 CFR 60, Subpart EEEE.

I dug around a little bit more to see if there were any emission test results and found the compliance page that has links to both the original and modified permits:  http://appprod.dep.state.fl.us/air/emission/aces/ACES_facility.asp?txtFacID=9597

The permit limits annual operating hours, and there is also a restriction that the unit cannot be used to treat medical waste or hazardous waste.  Initial emissions testing must be conducted within 180 days of initial operation with annual retesting.  They are required to test for metals, particulate, dioxins/furans, NOx and SOx, HCl and opacity.  It is my understanding that stack testing can be fairly expensive.

They are required to maintain records of the type and quantities of material product burned in the unit, but I don’t know how detailed the inventory would need to be.  In reading this, I was wondering whether there was a comprehensive list of pharmaceuticals that could assist operators in determining/verifying that they are not burning medical or hazardous wastes.

Just some thoughts.

Elizabeth Bartlett, Engineer IV
Program & Technical Support Section
Bureau of Waste Cleanup
Florida Department of Environmental Protection
2600 Blair Stone Rd, MS 4535
Tallahassee, FL  32399-2400
850-245-7501
elizabeth.bartlett at dep.state.fl.us<mailto:elizabeth.bartlett at dep.state.fl.us>

Program and Technical Support website: http://www.dep.state.fl.us/waste/categories/wc/pages/ProgramTechnicalSupport.htm
Interstate Technical and Regulatory Council website: itrcweb.org




From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Barry Fernandez
Sent: Tuesday, November 13, 2012 3:34 PM
To: Price, John L. "Jack"; 'Lucy, Burke'; Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>
Cc: George, Larry; Perrigan, Glen
Subject: RE: [Pharmwaste] RE: pharmaceutical incineration - air permitting exemption for portable burn units limited to "contraband"

Hello All:

If you go to the following link: http://appprod.dep.state.fl.us/air/emission/apds/default.asp  and do a search by permit no. for: 7775707-001-AC you will have the option of downloading a Florida air permit issued for both the Drug Terminator and it’s smaller, 55-gallon cousin “MediBurn20”. Basically it allows for the portable incineration of small quantities of pharmaceuticals. I don’t think it defines what a small quantity is, nor do I think it addresses RCRA hazardous vs non-haz. The permit in question doesn’t mention any generator limitations (i.e.: contraband from law enforcement, take-back events, etc.). I had the opportunity to see the larger incinerator, though I did not see it in operation. I think I have some pictures if interested.

I have no affiliation, just sharing the info. I hope it helps.

Best Regards,
Barry Fernandez, President
Clean Fuels of Florida, Inc.
2635 NE 4th Avenue
Pompano Beach, FL 33064
Office: (954) 791-9588
www.clean-fuels.net<http://www.clean-fuels.net/>



From: Price, John L. "Jack" [mailto:John.L.Price at dep.state.fl.us]
Sent: Tuesday, November 13, 2012 10:26 AM
To: 'Lucy, Burke'; Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>
Cc: George, Larry; Perrigan, Glen
Subject: [Pharmwaste] RE: pharmaceutical incineration - air permitting exemption for portable burn units limited to "contraband"

Burke: Our RCRA group received this email and attached Determination memo from EPA regarding the use of portable burn units for the disposal of pharmaceuticals collected at community and other take-back collection events.  There is a federal exemption from air permitting for these units for destroying “contraband”.  However, according to EPA, that exemption does not apply when burning drugs from take-back events.  In Florida, it appears that some law enforcement agencies that use these units are not aware that the air permitting exemption is limited to contraband.  We are going to provide this clarifying information to our law enforcement agencies.

BEGIN EPA EMAIL (note: cc list deleted)

From: Kristin Fitzgerald [mailto:Fitzgerald.Kristin at epamail.epa.gov]
Sent: Wednesday, October 03, 2012 2:55 PM
To: Chabot, Patricia M - DNR
Cc:
Subject: RE: Agenda Items for today's RIN Call - Pharmaceutical Burning; Followup from MN

Here is the letter Region 6 Applicability Determination memo that Charlene Spells mentioned on the call today. In addition to the memo I sent earlier, this memo points out that the "contraband exemption" for law enforcement burning drugs is only for contraband drugs and that drugs collected during take-back events are NOT contraband. Also she suggested I include her contact info, in case anyone wants to follow up with her:

Charlene E. Spells
U.S. EPA
OAQPS/SPPD
RTP, NC 27711
Phone: (919) 541-5255 Fax: (919) 541-3470
spells.charlene at epa.gov<mailto:spells.charlene at epa.gov>

thanks,
Kristin

(See attached file: 6-30-11 AMP ADEQ EEEE Final.pdf)

**************************************************************
Kristin Fitzgerald
US EPA
Office of Resource Conservation and Recovery
(formerly Office of Solid Waste)
mail code: 5304P
phone: 703-308-8286
fax: 703-308-0522

END EPA EMAIL

John L. (Jack) Price
Environmental Manager
Waste Reduction MS 4555
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, FL  32399-2400
Phone:850.245.8751
Fax: 850.245.8811
john.l.price at dep.state.fl.us<mailto:john.l.price at dep.state.fl.us>
www.dep.state.fl.us/waste<http://www.dep.state.fl.us/waste>
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.


Please take a few minutes to share your comments on the service you received from the department by clicking on this link DEP Customer Survey<http://survey.dep.state.fl.us/?refemail=John.L.Price@dep.state.fl.us>.
From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Lucy, Burke
Sent: Tuesday, November 13, 2012 9:37 AM
To: Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>
Subject: [Pharmwaste] RE: pharmaceutical incineration

Re: I’d like to know if anyone is aware of any recent research on the effectiveness of portable incinerators, or if they are being used in other states.

Local Charity Purchases Drug Disposal Device
http://www.wbko.com/news/headlines/Local-Charity--178122731.html
The Save Our Kids Coalition of Bowling Green has purchased a "Drug Terminator", which will provide Kentucky State Police with a way to dispose of the prescription medication they receive from a very successful program.

Burke

From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Hoffman, Deb
Sent: Friday, August 10, 2012 5:39 AM
To: Pharmwaste at lists.dep.state.fl.us<mailto:Pharmwaste at lists.dep.state.fl.us>
Cc: midwestpsc at googlegroups.com<mailto:midwestpsc at googlegroups.com>
Subject: [Pharmwaste] pharmaceutical incineration

Greetings,

Here in Ohio, we’re discussing the usage of the portable incinerators, from an air pollution standpoint.  I’ve been working with a colleague in the Ohio EPA Division of Air Pollution Control.  I’d like to know if anyone is aware of any recent research on the effectiveness of portable incinerators, or if they are being used in other states.  And if you would like to share incineration options in your state, I would be interested in hearing them.

Thank you,
Deb


Deb Hoffman
Environmental Specialist
Division of Materials and Waste Management
Ohio EPA
614.728.5353


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