Collapse to view only § 6992d. Enforcement
- § 6992. Scope of demonstration program for medical waste
- § 6992a. Listing of medical wastes
- § 6992b. Tracking of medical waste
- § 6992c. Inspections
- § 6992d. Enforcement
- § 6992e. Federal facilities
- § 6992f. Relationship to State law
- § 6992g. Repealed.
- § 6992h. Health impacts report
- § 6992i. General provisions
- § 6992j. Effective date
- § 6992k. Authorization of appropriations
§ 6992. Scope of demonstration program for medical waste
(a) Covered States
(b) Opt out
(1) If the Governor of any State covered under subsection (a) which is not contiguous to the Atlantic Ocean notifies the Administrator that such State elects not to participate in the demonstration program, the Administrator shall remove such State from the program.
(2) If the Governor of any other State covered under subsection (a) notifies the Administrator that such State has implemented a medical waste tracking program that is no less stringent than the demonstration program under this subchapter and that such State elects not to participate in the demonstration program, the Administrator shall, if the Administrator determines that such State program is no less stringent than the demonstration program under this subchapter, remove such State from the demonstration program.
(3) Notifications under paragraphs (1) or (2) shall be submitted to the Administrator no later than 30 days after the promulgation of regulations implementing the demonstration program under this subchapter.
(c) Petition in
(d) Expiration of demonstration program
(Pub. L. 89–272, title II, § 11001, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2950.)
§ 6992a. Listing of medical wastes
(a) List
Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations listing the types of medical waste to be tracked under the demonstration program. Except as provided in subsection (b), such list shall include, but need not be limited to, each of the following types of solid waste:
(1) Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy.
(3) Waste human blood and products of blood, including serum, plasma, and other blood components.
(4) Sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades.
(5) Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals.
(6) Wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves.
(7) Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons.
(8) Dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats.
(9) Discarded medical equipment and parts that were in contact with infectious agents.
(10) Biological waste and discarded materials contaminated with blood, excretion, excudates 1
1 So in original. Probably should be “exudates”.
or secretion from human beings or animals who are isolated to protect others from communicable diseases.(11) Such other waste material that results from the administration of medical care to a patient by a health care provider and is found by the Administrator to pose a threat to human health or the environment.
(b) Exclusions from list
(Pub. L. 89–272, title II, § 11002, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2951.)
§ 6992b. Tracking of medical waste
(a) Demonstration program
Not later than 6 months after November 1, 1988, the Administrator shall promulgate regulations establishing a program for the tracking of the medical waste listed in section 6992a of this title which is generated in a State subject to the demonstration program. The program shall (1) provide for tracking of the transportation of the waste from the generator to the disposal facility, except that waste that is incinerated need not be tracked after incineration, (2) include a system for providing the generator of the waste with assurance that the waste is received by the disposal facility, (3) use a uniform form for tracking in each of the demonstration States, and (4) include the following requirements:
(A) A requirement for segregation of the waste at the point of generation where practicable.
(B) A requirement for placement of the waste in containers that will protect waste handlers and the public from exposure.
(C) A requirement for appropriate labeling of containers of the waste.
(b) Small quantities
(c) On-site incinerators
(d) Type of medical waste and types of generators
(Pub. L. 89–272, title II, § 11003, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.)
§ 6992c. Inspections
(a) Requirements for access
For purposes of developing or assisting in the development of any regulation or report under this subchapter or enforcing any provision of this subchapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled medical waste shall, upon request of any officer, employee, or representative of the Environmental Protection Agency duly designated by the Administrator, furnish information relating to such waste, including any tracking forms required to be maintained under section 6992b of this title, conduct monitoring or testing, and permit such person at all reasonable times to have access to, and to copy, all records relating to such waste. For such purposes, such officers, employees, or representatives are authorized to—
(1) enter at reasonable times any establishment or other place where medical wastes are or have been generated, stored, treated, disposed of, or transported from;
(2) conduct monitoring or testing; and
(3) inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes.
(b) Procedures
(c) Availability to public
(Pub. L. 89–272, title II, § 11004, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2952.)
§ 6992d. Enforcement
(a) Compliance orders
(1) Violations
(2) Orders assessing penalties
(3) Public hearing
(4) Violation of compliance orders
(b) Criminal penalties
Any person who—
(1) knowingly violates the requirements of or regulations under this subchapter;
(2) knowingly omits material information or makes any false material statement or representation in any label, record, report, or other document filed, maintained, or used for purposes of compliance with this subchapter or regulations thereunder; or
(3) knowingly generates, stores, treats, transports, disposes of, or otherwise handles any medical waste (whether such activity took place before or takes place after November 1, 1988) and who knowingly destroys, alters, conceals, or fails to file any record, report, or other document required to be maintained or filed for purposes of compliance with this subchapter or regulations thereunder
shall, upon conviction, be subject to a fine of not more than $50,000 for each day of violation, or imprisonment not to exceed 2 years (5 years in the case of a violation of paragraph (1)). If the conviction is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect to both fine and imprisonment.
(c) Knowing endangerment
(d) Civil penalties
(e) Civil penalty policy
(Pub. L. 89–272, title II, § 11005, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2953.)
§ 6992e. Federal facilities
(a) In general
(b) “Person” defined
(Pub. L. 89–272, title II, § 11006, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2954.)
§ 6992f. Relationship to State law
(a) State inspections and enforcement
(b) Retention of State authority
Nothing in this subchapter shall—
(1) preempt any State or local law; or
(2) except as provided in subsection (c), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law.
(c) State forms
(Pub. L. 89–272, title II, § 11007, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2955.)
§ 6992g. Repealed. Pub. L. 105–362, title V, § 501(h)(1)(A), Nov. 10, 1998, 112 Stat. 3284
§ 6992h. Health impacts report
Within 24 months after November 1, 1988, the Administrator of the Agency for Toxic Substances and Disease Registry shall prepare for Congress a report on the health effects of medical waste, including each of the following—
(1) A description of the potential for infection or injury from the segregation, handling, storage, treatment, or disposal of medical wastes.
(2) An estimate of the number of people injured or infected annually by sharps, and the nature and seriousness of those injuries or infections.
(3) An estimate of the number of people infected annually by other means related to waste segregation, handling, storage, treatment, or disposal, and the nature and seriousness of those infections.
(4) For diseases possibly spread by medical waste, including Acquired Immune Deficiency Syndrome and hepatitis B, an estimate of what percentage of the total number of cases nationally may be traceable to medical wastes.
(Pub. L. 89–272, title II, § 11008, formerly § 11009, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2957; renumbered § 11008, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
§ 6992i. General provisions
(a) Consultation
(1) In promulgating regulations under this subchapter, the Administrator shall consult with the affected States and may consult with other interested parties.
(2) The Administrator shall also consult with the International Joint Commission to determine how to monitor the disposal of medical waste emanating from Canada.
(b) Public comment
(c) Relationship to subchapter III
(Pub. L. 89–272, title II, § 11009, formerly § 11010, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2957; renumbered § 11009, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
§ 6992j. Effective date
The regulations promulgated under this subchapter shall take effect within 90 days after promulgation, except that, at the time of promulgation, the Administrator may provide for a shorter period prior to the effective date if he finds the regulated community does not need 90 days to come into compliance.
(Pub. L. 89–272, title II, § 11010, formerly § 11011, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2958; renumbered § 11010, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)
§ 6992k. Authorization of appropriations
There are authorized to be appropriated to the Administrator such sums as may be necessary for each of the fiscal years 1989 through 1991 for purposes of carrying out activities under this subchapter.
(Pub. L. 89–272, title II, § 11011, formerly § 11012, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2958; renumbered § 11011, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)