New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 3 - SOLID WASTE FACILITY PERMITS AND REGISTRATIONS › Section 20.9.3.30 - PERMIT BY RULE REQUIREMENTS FOR LAW ENFORCEMENT HOUSEHOLD PHARMACEUTICAL TAKE-BACK PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any law
				enforcement household pharmaceutical take-back program that collects, stores,
				processes, transports or disposes of household pharmaceutical waste must comply
				with the following requirements:
(1) the law
				enforcement household pharmaceutical take-back program must maintain a
				registration with the New Mexico board of pharmacy;
(2) antineoplastic drugs should be handled,
				segregated and disposed of as hazardous waste under 40 CFR 261, Subparts C and
				D, and not as solid waste;
(3)
				Resource Conservation and Recovery Act (RCRA) P and U-listed hazardous
				pharmaceutical wastes, and D-list chemicals that cause a waste to exhibit
				toxicity characteristics when present above the maximum concentration level
				(e.g., arsenic D004, barium D005) should be disposed of at a permitted
				hazardous waste disposal facility, and not as solid wastes;
(4) collected household pharmaceutical waste
				shall not be disposed of by placing in drains, toilets, storm water drains,
				surface waters, on the ground, or in an unpermitted solid waste
				landfill;
(5) household
				pharmaceutical waste may not be incinerated within the state with other waste
				materials, construction and demolition debris, or special wastes;
(6) law enforcement household pharmaceutical
				waste collection events must retain an operating plan on file that contains the
				following:
(a) a description of how household
				pharmaceutical waste will be disposed of using a method found in Paragraph (7)
				of Subsection A of 20.9.3.30 NMAC;
(b) a description of the specific screening
				and acceptance criteria that ensure that only authorized household
				pharmaceutical waste is accepted and disposed of;
(c) the hours of operation and dates of law
				enforcement household pharmaceutical take-back program collection events, and
				details of any drop-box programs using secure bins outside the normal hour of
				operation;
(d) procedures for
				response to emergency situations, including equipment break downs, to ensure
				that stored household pharmaceutical waste, ash and encapsulated household
				pharmaceutical waste will be removed from the facility in a timely manner to
				avoid nuisances or hazards; and
(e)
				a hazard communication, health and safety plan for law enforcement household
				pharmaceutical take-back program personnel that includes safety procedures and
				the proper use of personal protective equipment;
(7) collected household pharmaceutical waste
				may only be disposed of in the approved methods listed below:
(a) at a registered high-temperature
				incinerator (furnaces that operate in the range of 1000°C - 2000°C)
				used for the destruction of hazardous waste, such as cement kilns;
(b) at a permitted infectious or medical
				waste processing facility;
(c) at a
				registered two-chamber incinerator that operates at a minimum temperature of
				850° C, with a combustion time of at least two seconds in the second
				chamber;
(d) at a permitted
				landfill after the household pharmaceutical waste has been encapsulated in a
				plastic drum filled with a hardening medium such as PPC cement or a cement/lime
				mixture;
(e) at a transformation
				facility permitted to accept pharmaceutical waste; or
(f) an alternate disposal method at least as
				protective as any of the methods described in subparagraphs (a) through (e) of
				this paragraph and approved by the department.