Frequent Questions about the Management Standards for Hazardous Waste Pharmaceuticals Proposed Rule

Question: When will this rulemaking go into effect?

Answer: As required by the Administrative Procedure Act, this rulemaking must undergo the notice and comment process. Once public comments are received, comments will be reviewed and the proposed rulemaking will be re-evaluated to determine if changes are warranted. This process takes several months to over a year depending on the number and nature of these comments. EPA expects that this rulemaking will be finalized in 2016 and will be effective at the federal level six months after promulgation.

Authorized states will be required to adopt this rule and to modify their RCRA programs in order to retain their authorized status because this rule is more stringent than current RCRA generator regulations. However, generally this rule will not become effective in states authorized for the RCRA program until states have adopted the rule.

The exception to this is the ban on flushing hazardous waste pharmaceuticals. This particular requirement is being proposed under the Hazardous and Solid Waste Amendments. Requirements promulgated under this authority become effective in all states on the effective date of the federal regulation, which is generally six months after promulgation of a final rule.


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