Current through Supplement No. 395, January, 2025
1.
Shipping
noncreditable hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals. A health care facility shall ship noncreditable
hazardous waste pharmaceuticals and a reverse distributor shall ship evaluated
hazardous waste pharmaceuticals offsite to a designated facility, such as a
permitted or interim status treatment, storage, or disposal facility, in
compliance with:
a. The following pretransport
requirements, before transporting or offering for transport offsite:
(1) Packaging. Package the waste in
accordance with the applicable department of transportation regulations on
hazardous materials under title 49, Code of Federal Regulations, parts 173,
178, and 180.
(2) Labeling. Label
each package in accordance with the applicable department of transportation
regulations on hazardous materials under title 49, Code of Federal Regulations,
part 172, subpart E.
(3) Marking.
(a) Mark each package of hazardous waste
pharmaceuticals in accordance with the applicable department of transportation
regulations on hazardous materials under title 49, Code of Federal Regulations,
part 172 subpart D;
(b) Mark each
container of one hundred nineteen gallons [450.46 liters] or less used in such
transportation with the following words and information in accordance with the
requirements of title 49, Code of Federal Regulations, section 172.304:
[1] "HAZARDOUS WASTE - Federal Law Prohibits
Improper Disposal. If found, contact the nearest police or public safety
authority or the United States Environmental Protection Agency.";
[2] The health care facility's or reverse
distributor's name and address;
[3]
The health care facility's or reverse distributor's environmental protection
agency identification number; and
[4] "Manifest tracking number _____
."
(c) Laboratory packs
that will be incinerated in compliance with subsection 3 of section
33.1-24-05-285
not required to be marked with environmental protection agency hazardous waste
numbers, except D004, D005, D006, D007, D008, D010, and D011, where applicable.
A nationally recognized electronic system, such as bar coding or radio
frequency identification, may be used to identify the environmental protection
agency hazardous waste numbers.
(4) Placarding. Placard or offer the initial
transporter the appropriate placards according to department of transportation
regulations for hazardous materials under title 49, Code of Federal
Regulations, part 172, subpart F.
b. The manifest requirements of sections
33.1-24-03-04
through
33.1-24-03-07,
except that:
(1) A health care facility
shipping noncreditable hazardous waste pharmaceuticals is not required to list
all applicable hazardous waste numbers, i.e., hazardous waste codes, in item 13
of environmental protection agency form 8700-22.
(2) A health care facility shipping
noncreditable hazardous waste pharmaceuticals shall write the word "PHARMS" in
item 13 of environmental protection agency form 8700-22.
2.
Exporting noncreditable
hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals. A health care facility or reverse distributor that
exports noncreditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals is subject to sections
33.1-24-03-50
through
33.1-24-03-59.
3.
Importing noncreditable hazardous
waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. Any
person that imports noncreditable hazardous waste pharmaceuticals or evaluated
hazardous waste pharmaceuticals is subject to sections
33.1-24-03-50
through
33.1-24-03-59.
A health care facility or reverse distributor may not accept imported
noncreditable hazardous waste pharmaceuticals or evaluated hazardous waste
pharmaceuticals unless they have a permit that allows them to accept hazardous
waste from offsite.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03,
23.1-04-05; S.L. 2017, ch. 199, §
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