Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 726 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
Subpart P - HAZARDOUS WASTE PHARMACEUTICALS
Section 726.606 - Conditional Exemptions for Controlled Substances and Household Hazardous Waste Pharmaceuticals
Current through Register Vol. 48, No. 38, September 20, 2024
a) Conditional Exemptions. Provided the conditions of subsection (b) are met, the following are exempt from 35 Ill. Adm. Code 722 through 733:
BOARD NOTE: Corresponding 40 CFR 266.506(a)(2) exempts from regulation as hazardous waste hazardous waste pharmaceuticals collected in a take-back event or program by "an authorized collector (as defined by the Drug Enforcement Administration) that is registered with the Drug Enforcement Administration". DEA rules define "collector" in 21 CFR 130001. The DEA registration rules are in 21 CFR 1301.
b) Conditions for Exemption. The following conditions apply to hazardous waste pharmaceuticals:
BOARD NOTE: Corresponding 40 CFR 266.506(b)(3) allows destruction by a method deemed in writing by DEA to render the pharmaceutical "non-retrievable". USEPA was not aware of any DEA methods approvals when adopting the rule. USEPA intended that destruction comply with applicable DEA requirements. 84 Fed. Reg. 5816, 5897 (Feb. 22, 2019); 21 CFR 1317.90(a) (2019); 79 Fed. Reg. 53520, 53541 (Sep. 9, 2014). The entity performing the destruction must be a DEA registrant. Management of controlled substances is authorized within the scope of DEA registration. 21 USC 822(b) (2018).