Ohio Admin. Code 3745-266-506 - Conditional exemptions for hazardous waste pharmaceuticals that are also controlled substances and household waste pharmaceuticals collected in a take-back event or program
(A)
Conditional exemptions. Provided the conditions of
paragraph (B) of this rule are met, the following are exempt from rules
3745-50-40
to
3745-50-235
and Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69,
3745-205, 3745-256, 3745-266, 3745-270, and 3745-273 of the Administrative
Code:
(1)
Hazardous waste pharmaceuticals that are also listed on a
schedule of controlled substances by the drug enforcement administration (DEA)
in 21 C.F.R. Part 1308.
(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 DEA, registered with the DEA that
commingles the household waste pharmaceuticals with controlled substances from
an "ultimate user," as defined by the DEA.
(B)
Conditions for
exemption. The hazardous waste pharmaceuticals shall be all of the
following:
(1)
Managed in compliance with the sewer prohibition of rule
3745-266-505 of the Administrative Code.
(2)
Collected,
stored, transported, and disposed of in compliance with all applicable DEA
regulations for controlled substances.
(3)
Destroyed by a
method that the DEA has publicly deemed in writing to meet the DEA's
non-retrievable standard of destruction or combusted at one of the
following:
(a)
A permitted large municipal waste combustor, subject to 40
C.F.R. Part 62 subpart FFF or applicable state plan for existing large
municipal waste combustors, or 40 C.F.R. Part 60 subpart Eb for new large
municipal waste combustors.
(b)
A permitted small
municipal waste combustor, subject to 40 C.F.R. Part 62 subpart JJJ or
applicable state plan for existing small municipal waste combustors, or 40
C.F.R. Part 60 subpart AAAA for new small municipal waste
combustors.
(c)
A permitted hospital, medical, and infectious waste
incinerator, subject to 40 C.F.R. Part 62 subpart HHH or applicable state plan
for existing hospital, medical, and infectious waste incinerators, or 40 C.F.R.
Part 60 subpart Ec for new hospital, medical, and infectious waste
incinerators.
(d)
A permitted commercial and industrial solid waste
incinerator, subject to 40 C.F.R. Part 62 subpart III or applicable state plan
for existing commercial and industrial solid waste incinerators, or 40 C.F.R.
Part 60 subpart CCCC for new commercial and industrial solid waste
incinerators.
(e)
A permitted hazardous waste combustor subject to 40
C.F.R. Part 63 subpart EEE.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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