New Requirements for Infectious Waste Generators (Ohio)

This month the Public Utilities Commission of Ohio (PUCO) adopted provisions of the motor safety carrier regulations that significantly impact Ohio's infectious waste program. On March 27, 2003, PUCO adopted the hazardous materials transportation regulations contained in 49 CFR 171 to 180. These regulations impact the infectious waste program because they pre-empt Ohio EPA's infectious waste regulations in the areas of transportation, shipping papers, and packaging. 
Once adopted, these regulations created a conflict between Ohio's statute and the federal mandate. Before the Ohio's regulations can be revised in order to come into compliance, an amendment to Ohio's statute is required. Although the legislative process has begun, the amendment process will take time to complete.

In the meantime, the Academy of Medicine/Northern Ohio Medical Association wants to notify affected parties of the changes that became effective in March 2003, and to provide an update on efforts to remove any statutory conflict with infectious waste regulations. Major changes that will affect generators and transporters of infectious waste in Ohio are noted below.

• No untreated infectious waste, regardless of the amount, may be disposed of as a solid waste. This primarily affects small generators of infectious waste. Infectious waste generated cannot be disposed of as solid waste, i.e., sharps containers cannot be thrown into a trashcan.
• Shipping papers are required to accompany all untreated waste that travels on any public road including transportation from any satellite premises to the main facility for on-site treatment. 
• The use of the specified packaging requirements as outlined in 49 CFR 173.24. The requirement allows flexibility with the selection of packaging material.

Until the legislative process is complete, current infectious waste regulations will remain in effect. The Agency will continue efforts to achieve compliance with the federal mandate. Training will be developed to communicate these changes and provide explanations prior to the effective date. A joint outreach opportunity involving PUCO is also being developed. A series of articles more specifically addressing the transportation, packaging and shipping paper aspects of the infectious waste regulations will be published on the Ohio EPA, Division of Solid and Infectious Waste Management web site at www.epa.state.oh.us/dsiwm . For more information or questions, please contact Angela Evans of OhioEPA at (614) 644-2621. AMC/NOMA lobbyist and staff have asked the OhioEPA for a copy of the legislation for review. The AMC/NOMA lobbyists have asked for a complete copy of the federal rules for review by the AMC/NOMA legislative committee. Additional information on the rules and how this issue may affect physicians will be included in future communications.