| (a) Conditional exemptions. Provided the conditions
of subsection (b) of this section are met, the following are exempted
from the requirements of this chapter:
(1) Hazardous waste pharmaceuticals that are also listed
on a schedule of controlled substances by the Drug Enforcement Administration
in 21 Code of Federal Regulations (CFR) Part 1308; and
(2) Household waste pharmaceuticals that are collected
in a take-back event or program, including those that are collected
by an authorized collector (as defined by the Drug Enforcement Administration)
registered with the Drug Enforcement Administration that commingles
the household waste pharmaceuticals with controlled substances from
an ultimate user (as defined by the Drug Enforcement Administration).
(b) Conditions for exemption. The hazardous waste pharmaceuticals
must be:
(1) managed in compliance with the sewer prohibition
of §335.761 of this title (relating to Prohibition of Sewering
Hazardous Waste Pharmaceuticals);
(2) collected, stored, transported, and disposed of
in compliance with all applicable Drug Enforcement Administration
regulations for controlled substances; and
(3) destroyed by a method that Drug Enforcement Administration
has publicly deemed in writing to meet their non-retrievable standard
of destruction or combusted at one of the following:
(A) a permitted large municipal waste combustor, subject
to 40 CFR Part 62, Subpart FFF or applicable state plan for existing
large municipal waste combustors, or 40 CFR Part 60, Subpart Eb for
new large municipal waste combustors;
(B) a permitted small municipal waste combustor, subject
to 40 CFR Part 62, Subpart JJJ or applicable state plan for existing
small municipal waste combustors, or 40 CFR Part 60, Subpart AAAA
for new small municipal waste combustors;
(C) a permitted hospital, medical and infectious waste
incinerator, subject to 40 CFR Part 62, Subpart HHH or applicable
state plan for existing hospital, medical and infectious waste incinerators,
or 40 CFR Part 60, Subpart Ec for new hospital, medical and infectious
waste incinerators;
(D) a permitted commercial and industrial solid waste
incinerator, subject to 40 CFR Part 62, Subpart III or applicable
state plan for existing commercial and industrial solid waste incinerators,
or 40 CFR Part 60, Subpart CCCC for new commercial and industrial
solid waste incinerators; or
(E) a permitted hazardous waste combustor subject to
40 CFR Part 63, Subpart EEE.
|
