# COMAR Title 26 — Department of the Environment

## Subtitle 13 — Disposal of Controlled Hazardous Substances

### Chapter 10 — Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

#### Regulation .34 Conditional Exemption — Controlled Substances and Household Waste Pharmaceuticals.

*COMAR 26.13.10.34*

A. If the conditions of §B of this regulation are met, the following are exempt from the requirements of COMAR 26.13.03—26.13.10:

  (1) A hazardous waste pharmaceutical that is also listed on a schedule of controlled substances by the Drug Enforcement Administration in 21 CFR Part 1308; and

  (2) A household waste pharmaceutical that is collected in a take-back event or program, including, but not limited to, a household waste pharmaceutical that is:

    (a) Collected by an authorized collector, as defined by the Drug Enforcement Administration, who is registered with the Drug Enforcement Administration; and

    (b) Commingled by the authorized collector with controlled substances from an ultimate user as defined by the Drug Enforcement Administration.

B. Conditions for Exemption. The exemption of §A of this regulation applies if a waste pharmaceutical identified in §A of this regulation is:

  (1) Managed in compliance with the sewer prohibition of Regulation .33 of this chapter;

  (2) Collected, stored, transported, and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances; and

  (3) Either:

    (a) Destroyed by a method that the Drug Enforcement Administration has publicly deemed in writing to meet the Drug Enforcement Administration’s non-retrievable standard of destruction; or

    (b) Combusted at one of the facilities identified in 40 CFR §266.506(b)(3)(i)—(v).