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Medical Waste Demonstration Project (Expired)
The diagram below represents the regulatory framework of the Resource Conservation and Recovery Act (RCRA) Subtitle J Medical Waste Tracking Demonstration Program as viewed from an enforcement perspective. The regulations were codified as RCRA Part 259 in 1989. The demonstration project applied only to New Jersey, New York, Puerto Rico, and Rhode Island. It expired on March 21, 1991.
Medical Waste Management Act
RCRA Part 259 Medical Waste Demonstration Project
For the demonstration program, regulated medical wastes were defined as including:
o Cultures and stocks of infectious agents
o Human pathological wastes (e.g., tissues, body parts)
o Human blood and blood products
o Used sharps (e.g., hypodermic needles and syringes used in animal or human patient care, used scalpel blades, used suture needles)
o Certain animal wastes
o Certain isolation wastes (e.g., wastes from patients with highly communicable diseases)
o Unused sharps (e.g. suture needles, scalpel blades, hypodermic needles)
The definition excluded household medical wastes. In addition, residues from treatment or destruction processes, or from the incineration of medical wastes were not considered as being regulated medical wastes (see other federal laws and regulations below), nor were human remains intended for burial or cremation. Etiologic agents (i.e., infectious substances) being shipped under control of other federal regulations, and samples of medical waste that were shipped for law enforcement purposes were exempt from the federal RCRA medical waste tracking and management requirements.
Since the Medical Waste Tracking Demonstration Program has expired, detailed descriptions of the requirements, shown in the diagram above, are not being given here. Additional information can be found in the regulations themselves and at the the other link to the Office of Solid Waste's Medical Waste web page below.
Enforcement
While it was in effect as a demonstrations project, the medical waste requirements were enforceable in the states that chose to participate. Medical waste is now under the authority of the states and their requirements, although certain medical wastes are under federal statutes and requirements. For additional information, see the Regulations section below.
Regulations
The regulations for the Medical Waste Tracking Demonstration Program were published in the Code of Federal Regulations (C.F.R.). With expiration of the project, the regulations no longer are being published there.
Medical Waste Regulations (Expired) (40 C.F.R. Part 259; Available in Pre-1992 C.F.R. Editions Only)
It needs to be remembered that certain medical wastes and their handling is still regulated at the federal level. This information was provided on the RCRA Medical Waste Requirements page. In addition, individual states also have laws and regulations applicable to medical wastes, in general. These may include state-defined medical wastes in addition to the medical wastes that were regulated under the Medical Waste Tracking Demonstration Program.
State Medical Waste Management Laws and Regulations
As indicated above, the Medical Waste Demonstration Project was enacted as a state pilot project for states that chose to participate and which could be expanded or adopted by additional states. All states now regulate medical wastes, either in programs based on the Medical Waste Demonstration Project or in programs they have individually developed. The individual state and territory agencies should be contacted for their laws, regulations, and enforcement information relating to enforcement of the to medical wastes requirements since the various entities handle these wastes differently.