R 299.9829 Hazardous waste pharmaceuticals and hazardous waste ENDS; exemptions for hazardous waste pharmaceuticals and hazardous waste ENDS that are also controlled substance and household waste pharmaceuticals and household waste ENDS collected in a take-back event or program.

Rule 829. (1) Hazardous waste pharmaceuticals and hazardous waste ENDS that are also listed on a schedule of controlled substances by the Unites States Drug Enforcement Agency in 21 CFR part 1308 and household waste pharmaceuticals and household waste ENDS that are collected in a take-back event or program, including those that are collected by an authorized collector registered with the United States Drug Enforcement Agency that commingles the household waste pharmaceuticals and household waste ENDS with controlled substances from an ultimate user, are exempt from R 299.9228 and parts 3 to 7 of these rules, if all the following conditions are met: (a) The hazardous waste pharmaceuticals and hazardous waste ENDS are managed in compliance with R 299.9828. (b) The hazardous waste pharmaceuticals and hazardous waste ENDS are collected, stored, transported, and disposed of in compliance with all applicable United States Drug Enforcement Agency regulations for controlled substances. (c) The hazardous waste pharmaceuticals and hazardous waste ENDS are destroyed by a method that the United States Drug Enforcement Agency has publicly stated in writing to meet its non-retrievable standard of destruction or combusted at 1 of the following: (i) 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. (ii) 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. (iii) 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. (iv) A permitted commercial and industrial waste incinerator, subject to 40 CFR part 62, subpart III, or applicable state plan for existing commercial and industrial waste incinerators, or 40 CFR part 60, subpart CCCC, for new commercial and industrial waste incinerators. (v) A permitted hazardous waste combustor subject to 40 CFR part 63, subpart EEE. (2) The provisions of 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC and 40 CFR part 62, subparts FFF, HHH, III, and JJJ are adopted by reference in R 299.11003. The provisions of 21 CFR part 1308 are adopted by reference in R 299.11004.