# 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 .36 Optional Provisions — Healthcare Facilities that Qualify as Very Small Quantity Generators.

*COMAR 26.13.10.36*

A. Applicability.

  (1) This regulation applies to a healthcare facility that:

    (a) Is a very small quantity generator under federal regulations, as described in COMAR 26.13.03.01-1B, when counting all of the hazardous waste it generates in a calendar month, including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste; and

    (b) Has not voluntarily elected to manage hazardous waste pharmaceuticals in accordance with the requirements of Regulations .37—.48 of this chapter, as provided in Regulation .37A(2) of this chapter.

  (2) The provisions of §B—D of this regulation may be used by a healthcare facility that meets the criteria of §A(1)(b) of this regulation.

B. A healthcare facility identified in §A of this regulation may send the healthcare facility’s potentially creditable pharmaceuticals to a reverse distributor.

C. Off-site Consolidation of Hazardous Waste Pharmaceuticals.  A healthcare facility identified in §A of this regulation may send a hazardous waste pharmaceutical it generates to an off-site location of another generator if:

  (1) The receiving site is a healthcare facility that is:

    (a) Located in Maryland and meets the conditions in:

      (i) Regulation .45 of this chapter, if a noncreditable hazardous waste pharmaceutical is being shipped; and

      (ii) Regulation .46B of this chapter, if a potentially creditable hazardous waste pharmaceutical is being shipped; or

    (b) Not located in Maryland and meets requirements that correspond to the requirements of §C(1)(a) of this regulation that are applicable in the state in which the receiving facility is located; or

  (2) The healthcare facility proposes to send the hazardous waste pharmaceutical off-site to a hazardous waste generator, and:

    (a) The healthcare facility meets the conditions in COMAR 26.13.02.05D(2)(h); and

    (b) The receiving hazardous waste generator meets the conditions in:

      (i) COMAR 26.13.03.03-11 if the generator is located in Maryland; or

      (ii) 40 CFR §262.17(f) or the corresponding requirements of the state in which the off-site generator is located if the generator is not located in Maryland.

D. Long-term Care Facilities.

  (1) Except as provided in §D(2) of this regulation, a long-term care facility that meets the conditions in §A of this regulation may dispose of a hazardous waste pharmaceutical in an on-site collection receptacle of an authorized collector, as defined by the Drug Enforcement Administration, that is registered with the Drug Enforcement Administration if the contents of the receptacle are collected, stored, transported, destroyed, and disposed of in compliance with all Drug Enforcement Administration regulations for controlled substances.

  (2) §D(1) of this regulation does not apply to contaminated personal protective equipment or clean-up materials.