Notice Filed with SOS |
04/14/2020 |
Rule |
ProposedRuleAttach2020-00241.pdf |
Statutory Authority |
These modifications are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 25-15-302(2), C.R.S. |
Description of Subjects/Issues |
These amendments to the Colorado Hazardous Waste Regulations (6 CCR 1007-3) create a new Part 267,
Subpart P, for the management of hazardous waste pharmaceuticals by healthcare facilities and
reverse distributors in lieu of the generator regulations in Part 262. This rulemaking:
• Prohibits the disposal of hazardous waste pharmaceuticals down the drain (§267.505)
• Eliminates the dual regulation of RCRA hazardous waste pharmaceuticals that are also Drug
Enforcement Administration (DEA) controlled substances (§267.506)
• Maintains the household hazardous waste exemption for pharmaceuticals collected during
pharmaceutical take-back programs and events, while ensuring their proper disposal (§267.506)
• Redefines when containers that held hazardous waste pharmaceuticals are considered “RCRA
empty” (§ 267.507)
• Revises the P075 hazardous waste listing for nicotine in §261.33(e) such that Food and Drug
Administration (FDA)-approved over-the-counter (OTC) nicotine replacement therapies (NRTs) (i.e.,
nicotine patches, gums and lozenges) will no longer be considered hazardous waste when discarded.
Note: e-cigarettes, e-liquids, and prescription NRTS are not exempted from the P075 hazardous waste listing. |
Purpose/Objective of Rule |
These amendments to the Colorado Hazardous Waste Regulations (6 CCR 1007-3) create a new Part 267, Subpart P, for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors in lieu of the generator regulations in Part 262. This rulemaking:
* Prohibits the disposal of hazardous waste pharmaceuticals down the drain (§267.505)
* Eliminates the dual regulation of RCRA hazardous waste pharmaceuticals that are also Drug Enforcement Administration (DEA) controlled substances (§267.506)
* Maintains the household hazardous waste exemption for pharmaceuticals collected during pharmaceutical take-back programs and events, while ensuring their proper disposal (§267.506)
* Redefines when containers that held hazardous waste pharmaceuticals are considered “RCRA empty” (§ 267.507)
* Revises the P075 hazardous waste listing for nicotine in §261.33(e) such that Food and Drug Administration (FDA)-approved over-the-counter (OTC) nicotine replacement therapies (NRTs) (i.e., nicotine patches, gums and lozenges) will no longer be considered hazardous waste when discarded. Note: e-cigarettes, e-liquids, and prescription NRTS are not exempted from the P075 hazardous waste listing. |
Comments |
Due to ongoing social distancing requirements due to COVID-19, this rulemaking hearing was held online via Zoom. Please check the commission's website for official information. https://www.colorado.gov/pacific/cdphe/shwc |
Submitted in response to issues raised by COLS/OLLS? |
No
|
Is this rule adopted in response to recent legislation? |
No
|
Hearing Date |
05/19/2020 |
Hearing Time |
09:00 AM |
Hearing Location |
CDPHE, 4300 Cherry Creek Drive South, Bldg. A, Sabin Conference Room, Denver, CO 80246 |
Contact Name |
Brandy Valdez Murphy |
Contact Title |
Administrator, Solid and Hazardous Waste Commission |
Contact Telephone |
3036923467 |
Contact email |
brandy.valdezmurphy@state.co.us |