States Seek to Simplify Pharmaceutical Disposal amid EPA Inaction

Date: September 17, 2012

Source: News Room

Kansas is among a number of states moving to simplify pharmaceutical disposal requirements or create take-back programs amid a delay from EPA in defining federal standards. Earlier this year EPA withdrew its 2008 Resource Conservation & Recovery Act (RCRA) proposal for regulating pharmaceutical wastes under its universal waste program following criticism that its approach would fail to address improper disposal of the waste. The proposed rule was intended to facilitate take-back programs by removing RCRA barriers, but instead has caused mostly confusion. EPA now says it is considering healthcare facility-specific regulations.

Amid the confusion, states are seeking to fill the regulatory void. Florida and Michigan have created either special exemptions or handling guidance for some pharmaceutical wastes, similar to Kansas' approach, in recent months. In what could become a national model, California is advocating a product stewardship approach that would require manufacturers to design, manage and finance a statewide take-back program.

The Kansas Department of Health & Environment's (KDHE) enacted its policy "Regulation of Pharmaceuticals from Non-Exempt Generators of Hazardous Waste" on August 29 to define which used pharmaceuticals are exempt from hazardous waste classification or can be disposed of according to best practices that are simpler and less expensive than RCRA compliance. This summer the Michigan Department of Environmental Quality (MDEQ) and the Michigan Health and Hospital Association (MHA) completed the MHA Pharmaceutical Waste Management Guide, creating a 10-step process to help generators of pharmaceutical waste create disposal programs.

Meanwhile, EPA has announced plans to propose a new rule in the spring of 2013 for the management of hazardous pharmaceutical waste that specifically addresses unique issues faced by hospitals, pharmacies and healthcare facilities.

See also: "EPA Considers New Pharmaceutical Waste Rules," (www.wasteinfo.com/news/wbj20120509J.htm), May 2, 2012.

See also: "Bill Proposes National Pharmaceutical Take-Back Program," (www.wasteinfo.com/news/wbj20111004G.htm), October 3, 2011.

See also: "California Pharmaceutical Take-Back Could be National Model," (www.wasteinfo.com/news/wbj20110524B.htm), May 20, 2011.

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