42 U.S.C. § 6992a — Listing of medical wastes

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 the Administrator to be included in the demonstra- tion program and the Administrator may, in his discretion, include any such State. Such peti- tion may not be made later than 30 days after promulgation of regulations establishing the demonstration program under this subchapter, and the Administrator shall determine whether to include the State within 30 days after receipt of the State’s petition. (d) Expiration of demonstration program The demonstration program shall expire on the date 24 months after the effective date of the regulations under this subchapter. (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 regula- tions listing the types of medical waste to be tracked under the demonstration program. Ex- cept 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 dur- ing 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 lab- oratories, including hypodermic needles, sy- ringes, pasteur pipettes, broken glass, and scalpel blades. (5) Contaminated animal carcasses, body parts, and bedding of animals that were ex- posed to infectious agents during research, production of biologicals, or testing of phar- maceuticals. (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, patho- logical, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, includ- ing 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 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 de- scribed in paragraphs (6) through (10) of sub- section (a) which he determines do not pose a substantial present or potential hazard to human health or the environment when improp- erly treated, stored, transported, disposed of, or otherwise managed. (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 regula-