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42 U.S.C. § 6992a — Listing of medical wastes
Federal law — U.S. Code and appendices · legal_authorities
**(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 pati
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Source location: Title 42, Chapter 82, § 6992a; chapter-082-solid-waste-disposal.md
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**(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 11 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** The Administrator may exclude from the list under this section any categories or items described in paragraphs (6) through (10) of subsection (a) which he determines do not pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992a&num=0&edition=prelim) 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** In the program under subsection (a), the Administrator may establish an exemption for generators of small quantities of medical waste listed under [section 6992a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992a&num=0&edition=prelim), except that the Administrator may not exempt from the program any person who, or facility that, generates 50 pounds or more of such waste in any calendar month.
**(c) On-site incinerators** Concurrently with the promulgation of regulations under subsection (a), the Administrator shall promulgate a recordkeeping and reporting requirement for any generator
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Federal law — U.S. Code and appendices · legal_authorities
**(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** In the case of the regulations required by this subchapter to be promulgated within 9 months after November 1, 1988, the Administrator may promulgate such regulations in interim final form without prior opportunity for public comment, but the Administrator shall provide an opportunity for public comment on the interim final rule. The promulgation of such regulations shall not be subject to the Paperwork Reduction Act of 1980.11 See References in Text note below.
**(c) Relationship to subchapter III** Nothing in this subchapter shall affect the authority of the Administrator to regulate medical waste, including medical waste listed under [section 6992a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6992a&num=0&edition=prelim), under subchapter III of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 7040
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6992
1 So in original. Probably should be ‘‘exudates’’.
SUBCHAPTER X—DEMONSTRATION
MEDICAL WASTE TRACKING PROGRAM
§ 6992. Scope of demonstration program for med-
ical waste
(a) Covered States
The States within the demonstration program
established under this subchapter for tracking
medical wastes shall be New York, New Jersey,
Connecticut, the States contiguous to the Great
Lakes and any State included in the program
through the petition procedure described in sub-
section (c), except for any of such States in
which the Governor notifies the Administrator
under subsection (b) that such State shall not be
covered by the program.
(b) Opt out
(1) If the Governor of any State covered under
subsection (a) which is not contiguous to the At-
lantic Ocean notifies the Administrator that
such State elects not to participate in the dem-
onstration program, the Administrator shall re-
move 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 sub-
chapter and that such State elects not to par-
ticipate in the demonstration program, the Ad-
ministrator shall, if the Administrator deter-
mines that such State program is no less strin-
gent than the demonstration program under this
subchapter, remove such State from the dem-
onstration program.
(3) Notifications under paragraphs (1) or (2)
shall be submitted to the Administrator no later
than 30 days after the promulgation of regula-
tions implementing the demonstration program
under this subchapter.
(c) Petition in
The Governor of any State may petition t
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