alty of not more than $50,000 for each day of con-
tinued noncompliance with the order. 
‘‘(b) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever— 
‘‘(A) knowingly violates— 
‘‘(i) any provision of this subtitle; or 
‘‘(ii) regulations promulgated to carry 
out this subtitle; 
‘‘(B) knowingly omits material information 
or makes any false material statement or rep-
resentation in any label, record, report, or other 
document filed, maintained, or used for pur-
poses of compliance with this subtitle or regula-
tions thereunder; or 
‘‘(C) knowingly generates, stores, treats, 
transports, disposes of, or otherwise handles 
any medical waste and who knowingly destroys, 
alters, conceals, or fails to file any record, re-
port, or other document required to be main-
tained or filed for purposes of compliance with 
this subtitle or regulations thereunder; 
shall be fined under title XVIII, United States Code, 
or imprisoned for a maximum of four years (ten 
years in the case of a violation of subparagraph 
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(A)), or both. Each day of a violation under this 
paragraph is a separate offense. 
‘‘(2) KNOWING ENDANGERMENT.— 
‘‘(A) IN
GENERAL.—Any person who 
knowingly violates any provision of paragraph 
(1) and who knows at the time of such violation 
that, through such violation, another person is 
placed in imminent danger of death or serious 
bodily injury, shall be fined $350,000, or im-
prisoned for a maximum of 15 years, or both. 
‘‘(B) SPECIAL RULES.—The provisions of 
section 3008(f) of this Act shall apply to this 
subsection. 
‘‘(c) CIVIL PENALTIES.— 
‘‘(1) IN
GENERAL.—Any person who violates 
any provision of this subtitle or regulation promul-
gated to carry out this subtitle shall be liable to the 
United States for a civil penalty in an amount not 
to exceed $50,000 for each such violation. 
‘‘(2) REPEAT
VIOLATIONS.—For purposes of 
this subsection, each day of such violation shall con-
stitute a separate violation. 
‘‘(3) POLICY.—Civil penalties assessed by the 
United States or by the States under this subtitle 
shall be assessed in accordance with the Administra-
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tor’s ‘RCRA Civil Penalty Policy’, as such policy 
may be amended from time to time. 
‘‘(d) SUBPOENAS.—In connection with any pro-
ceeding under this section, the Administrator may issue 
subpoenas for the production of relevant papers, books, 
and documents, and may promulgate rules for discovery 
procedures. 
‘‘SEC. 11005. RELATIONSHIP TO STATE LAW. 
‘‘(a) STATE INSPECTIONS AND ENFORCEMENT.—A 
State may conduct inspections under section 11003 and 
take enforcement actions under section 11004 against any 
person, including any person who has imported medical 
waste into a State in violation of the requirements of, or 
regulations under, this subtitle, to the same extent as the 
Administrator. 
‘‘(b) NOTIFICATION.—At the time a State initiates an 
enforcement action under section 11004 against any per-
son, the State shall notify the Administrator in writing. 
‘‘(c) PREEMPTION.—This subtitle preempts the law 
of any State to the extent such laws are inconsistent with 
this subtitle, except that this subtitle shall not preempt 
any State law that provides additional protections for 
human health and the environment, as determined by the 
Administrator. 
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‘‘(d) STATE FORMS.—Any State or local law which 
requires submission of a tracking form from any person 
subject to this subtitle shall require that the form be iden-
tical in content and format to the manifest form required 
under section 11001, except that a State may require the 
submission of other tracking information which is supple-
mental to the information required on such manifest form 
through additional sheets or such other means as the 
State deems appropriate. 
‘‘(e) RETENTION OF STATE AUTHORITY.—Except as 
provided in subsections (c) and (d), nothing in this subtitle 
shall affect any State or local law or the authority of any 
State or local government to adopt or enforce any State 
or local law. 
‘‘SEC. 11006. SYRINGE DISPOSAL PROGRAM. 
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish a program on syringe disposal to— 
‘‘(1) educate the public about acceptable meth-
ods for disposal of used syringes generated by indi-
viduals through personal use of such syringes out-
side of medical facilities, including through house-
hold use; and 
‘‘(2) provide grants to State and local govern-
ments and nonprofit and private entities— 
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‘‘(A) to educate the public about such 
methods; and 
‘‘(B) to increase access to such disposal 
methods. 
‘‘(b) ACCEPTABLE DISPOSAL METHODS.—For pur-
poses of this section, acceptable methods of disposal of 
used syringes shall be determined by the Administrator 
and may include community drop-off programs, hazardous 
waste facilities that accept household waste, mail-back 
programs, syringe exchange programs, and needle destruc-
tion devices. Disposal in household garbage is not an ac-
ceptable disposal method. 
‘‘SEC. 11007. REPORTS TO CONGRESS. 
‘‘(a) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of enactment of the Medical Waste 
Management Act of 2008 and annually thereafter, 
the Administrator shall report to Congress on the 
following: 
‘‘(A) The types, number, and size of gen-
erators of medical waste in the United States. 
‘‘(B) The types and amounts of medical 
waste generated in the United States. 
‘‘(C) The methods currently used to han-
dle, store, transport, treat, and dispose of the 
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medical waste, including the extent to which 
such waste is disposed of in sewer systems. 
‘‘(D) The present and potential costs— 
‘‘(i) to local economies, persons, and 
the environment from the improper han-
dling, storage, transportation, treatment, 
or disposal of medical waste; and 
‘‘(ii) to generators, transporters, and 
treatment, storage, and disposal facilities 
from regulations establishing requirements 
related to tracking, handling, storing, 
transporting, treating, and disposing of 
medical waste. 
‘‘(E) Available and potentially available 
methods for handling, storing, transporting, 
and disposing of medical waste and their advan-
tages and disadvantages. 
‘‘(F) Available and potentially available 
methods for treating medical waste, including 
methods of sterilization, chemical treatment, 
and grinding. 
‘‘(G) The advantages and disadvantages of 
such treatment methods, including the extent to 
which such methods— 
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‘‘(i) render medical waste noninfec-
tious or less infectious; 
‘‘(ii) make medical waste unrecogniz-
able; and 
‘‘(iii) protect human health and the 
environment. 
‘‘(H) Factors impacting the effectiveness 
of the treatment methods identified in subpara-
graph (F), including quality control and quality 
assurance procedures, maintenance procedures, 
and operator training. 
‘‘(I) Available and potentially available 
methods for the reuse or reduction of the vol-
ume of medical waste generated. 
‘‘(J) The appropriateness of the penalties 
provided in section 11004 for insuring compli-
ance with the requirements of this subtitle, in-
cluding a review of the level of penalties im-
posed under this subtitle. 
‘‘(b) STUDY AND REPORT ON INDIVIDUAL GENERA-
TORS.— 
‘‘(1) STUDY.—The Administrator shall conduct 
a study on— 
‘‘(A) the type of medical waste (including 
used syringes) generated by individuals through 
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personal use of medical products outside of 
medical facilities; 
‘‘(B) the volume of such waste; 
‘‘(C) the availability and cost of disposal 
and treatment of such waste; 
‘‘(D) the impact on the environment and 
human health of excluding such waste from the 
medical waste management program under sec-
tion 11001; and 
‘‘(E) the extent to which individuals are 
aware of and use available disposal and treat-
ment options for such waste. 
‘‘(2) REPORT.—Not later than the last day of 
the one-year period beginning on the date of enact-
ment of the Medical Waste Management Act of 
2008, the Administrator shall submit a report to 
Congress containing— 
‘‘(A) the results of the study under para-
graph (1); 
‘‘(B) recommended standards for the han-
dling, storage, treatment, and disposal of such 
waste; and 
‘‘(C) recommendations for educating the 
public about such standards. 
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‘‘(c) CONSULTATION.—In preparing the reports 
under this section, the Administrator shall consult with 
appropriate State and local agencies. 
‘‘SEC. 11008. GENERAL PROVISIONS. 
‘‘(a) CONSULTATION.—(1) In promulgating regula-
tions under this subtitle, the Administrator shall consult 
with the States and may consult with other interested par-
ties. 
‘‘(2) The Administrator shall also consult with the 
International Joint Commission (as established by the 
Boundary Waters Treaty of 1909 between Canada and the 
United States) to determine how to track medical waste 
entering the United States from Canada. 
‘‘(b) PUBLIC COMMENT.—In the case of the regula-
tions required by this subtitle to be promulgated within 
nine months after the date of enactment of the Medical 
Waste Management Act of 2008, the Administrator may 
promulgate such regulations in interim final form without 
prior opportunity for public comment, but the Adminis-
trator shall provide an opportunity for public comment on 
the interim final rule. 
‘‘(c) PAPERWORK REDUCTION ACT.—The promulga-
tion of such regulations shall not be subject to the Paper-
work Reduction Act of 1980. 
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‘‘(d) RELATIONSHIP TO SUBTITLE C.—Nothing in 
this subtitle shall affect the authority of the Administrator 
to regulate medical waste under subtitle C of this Act. 
‘‘SEC. 11009. EFFECTIVE DATE OF REGULATIONS. 
‘‘The regulations promulgated under this subtitle 
shall take effect on the last day of the 90-day period begin-
ning on the date such regulations are promulgated.’’. 
(c) TABLE OF CONTENTS.—The table of contents for 
the Solid Waste Disposal Act is amended by striking the 
items relating to subtitle J and inserting the following: 
‘‘Subtitle J—Medical Waste Management Program 
‘‘Sec. 11001. Medical waste management program. 
‘‘Sec. 11002. Specific requirements for generators, transporters, and disposal 
facilities. 
‘‘Sec. 11003. Inspections. 
‘‘Sec. 11004. Enforcement. 
‘‘Sec. 11005. Relationship to State law. 
‘‘Sec. 11006. Syringe Disposal Program. 
‘‘Sec. 11007. Reports to Congress. 
‘‘Sec. 11008. General provisions. 
‘‘Sec. 11009. Effective date of regulations.’’. 
Æ 
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