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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2020-00241


CCR details

Tracking Number 2020-00241
Type of Filing Permanent Rule
Department 1000 Department of Public Health and Environment
Agency 1007 Hazardous Materials and Waste Management Division
CCR Number 6 CCR 1007-3
CCR Title HAZARDOUS WASTE

Proposed rule

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

Adopted rule

Adopted Rules AdoptedRules02020-00241.rtf
Redline Redline2020-00241.pdf
Adopted Date 05/19/2020
AGO requested date 05/20/2020
Attorney General Opinion 06/04/2020
Colorado Register publication date 06/25/2020
Effective Date 07/15/2020
Inserted into CCR 07/28/2020