,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bhia  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ca1 #bjac ,mr4
 ,pallone introduced the following bill2
 which was referred to the ,committee on
 ,energy and ,commerce  ,a ,,bill  ,to  
amend the ,solid ,waste ,disposal ,act  
to require the ,administrator of the    
,environmental ,protection ,agency to   
promulgate regulations on the management
 of medical waste4  #a4 ,short title    
,this ,act may be cited as the ,medical 
,waste ,management ,act of #bjac4  #b4  
,tracking and disposal of medical waste 
7a7 ,definition of medical waste        
,section #ajjd of the ,solid ,waste     
,disposal ,act 7#db ,u4,s4,c4 #fijc7 is 
amended by striking paragraph 7#dj7 and 
inserting the following3  7#dj7 7,a7    
,except as provided in subparagraph     
7,c71 the term medical waste means any  
solid waste which is generated in the   
diagnosis1 treatment1 or immunization of
 human beings or animals1 in research   
pertaining thereto1 or in the production

 or testing of biologicals4  7,b7 ,such 
term includes the following types of    
solid waste3  7i7 ,cultures and stocks  
of infectious agents and associated     
biologicals1 including cultures from    
medical and pathological laboratories1  
cultures and stocks of infectious agents
 from research and industrial           
laboratories1 wastes from the production
 of biologicals1 discarded live and     
attenuated vaccines1 and culture dishes 
and devices used to transfer1 inoculate1
 and mix cultures4  7ii7 ,pathological  
waste1 including tissues1 organs1 and   
body parts that are removed during      
surgery or autopsy4  7iii7 ,waste human 
blood and products of blood1 including  
serum1 plasma1 and other blood          
components4  7iv7 ,sharps 7as such term 
is defined by the ,secretary7 that have 
been used in patient care or in medical1
 research1 or industrial laboratories1  
including hypodermic needles1 syringes1 
pasteur pipettes1 broken glass1 and     
scalpel blades4  7v7 ,contaminated      

carcasses1 body parts1 and bedding of   
animals that have been exposed to       
infectious agents during research1      
production of biologicals1 or testing of
 pharmaceuticals4  7vi7 ,waste from     
surgery or autopsy that has been in     
contact with infectious agents1         
including soiled dressings1 sponges1    
drapes1 lavage tubes1 drainage sets1    
underpads1 and surgical gloves4  7vii7  
,laboratory waste from medical1         
pathological1 pharmaceutical1 or other  
research1 commercial1 or industrial     
laboratories that has been in contact   
with infectious agents1 including slides
 and cover slips1 disposable gloves1    
laboratory coats1 and aprons4  7viii7   
,dialysis waste that has been in contact
 with the blood of patients undergoing  
hemodialysis1 including contaminated    
disposable equipment and supplies such  
as tubing1 filters1 disposable sheets1  
towels1 gloves1 aprons1 and laboratory  
coats4  7ix7 ,discarded medical         
equipment and parts that have been in   

contact with infectious agents4  7x7    
,solid waste that is likely to be       
contaminated with infectious agents     
because the wastes have been in contact 
with humans or animals that are         
quarantined to protect other humans or  
animals from communicable disease4  7xi7
 ,solid waste generated during--  7,i7  
the diagnosis or treatment of disease in
 human beings or animals2  7,,ii7 the   
provision of medical services 7including
 immunizations7 to human beings or      
animals2  7,,iii7 post-mortem clean-up  
or autopsy preparations for human beings
 or animals2  7,,iv7 medical research on
 human beings or animals2  7,v7 the     
operation of a syringe exchange program2
 or  7,,vi7 the production or testing of
 a biological product 7as defined in    
section #cea of the ,public ,health     
,service ,act 7#db ,u4,s4,c4 #bfb774    
7,c7 ,such term does not include any    
hazardous waste identified or listed    
under subtitle ,c or any household waste
 as defined in regulations under        

subtitle ,c4  7,d7 ,not later than the  
last day of the two-year period         
beginning on the date of enactment of   
the ,medical ,waste ,management ,act of 
#bjac1 the ,administrator shall         
promulgate regulations listing types of 
medical waste4  4  7b7 ,amendment of    
,solid ,waste ,disposal ,act ,the ,solid
 ,waste ,disposal ,act is amended by    
striking subtitle ,j 7#db ,u4,s4,c4     
#fiib et seq47 and inserting the        
following3  ,j ,medical ,waste          
,management ,program  #aajja4 ,medical  
waste management program  7a7 ,in       
general ,the ,administrator shall       
conduct a medical waste management      
program for the purpose of protecting   
human health and the environment from   
medical waste4  7b7 ,components of      
program ,the program under subsection   
7a7 shall provide for the following3    
7#a7 ,tracking medical waste from any   
generator of such waste to any disposal 
facility that disposes of such waste1   
including a recordkeeping system for    

generators who dispose of medical waste 
at the same facility where the waste is 
generated4  7#b7 ,a uniform manifest    
form prepared by the generator of any   
medical waste that accompanies the waste
 as it is being transported from a      
generator to a disposal facility4  7#c7 
,labeling and packaging requirements    
that--  7,a7 foster safe handling of the
 waste2  7,b7 protect the public from   
exposure to infectious disease2 and     
7,c7 provide for the identification of  
the generator of the waste4  7#d7       
,storage requirements1 including a      
requirement for segregation of the waste
 at the point of generation and during  
transportation4  7#e7 ,proper disposal  
of medical waste through appropriate    
methods of disposal that--  7,a7 are    
approved by the ,administrator2 and     
7,b7 provide adequate protection for the
 environment and human health4  7#f7    
,monitoring of generators and           
transporters of medical waste and       
storage and disposal facilities that    

store or dispose of medical waste for   
compliance with the program under this  
section4  7#g7 ,a requirement that such 
generators1 transporters1 and facilities
 provide adequate training to           
individuals who handle medical waste to 
ensure compliance with the program under
 this section4  7#h7 ,a national plan   
for managing medical waste generated in 
,states with a shortage of disposal     
facilities4  7c7 ,exemptions  7#a7      
,properly treated waste  7,a7 ,in       
general ,subject to paragraph 7#d71 the 
,administrator may make an exemption    
from some or all of the requirements of 
the program under subsection 7a7 for    
medical waste treated in a method       
described under subparagraph 7,b74  7,b7
 ,methods of treatment ,for purposes of 
this paragraph1 the ,administrator shall
 promulgate regulations establishing    
minimum standards for methods of        
treating medical waste that             
significantly reduce the potential harm 
of such waste to the environment and to 

human health4  7#b7 ,storage            
requirements ,subject to paragraph 7#d71
 the ,administrator may make an         
exemption to the requirement under      
subsection 7b77#d7 that medical waste be
 segregated from other waste upon       
receipt of a petition for such an       
exemption from a generator1 transporter1
 or storage or disposal facility4  7#c7 
,individuals  7,a7 ,in general ,subject 
to subparagraph 7,b7 and paragraph 7#d71
 the ,administrator shall make an       
exemption from the program under        
subsection 7a7 for individuals who      
generate medical waste through personal 
use of medical or non-medical products  
outside of a medical facility4  7,b7 ,no
 exemption for large volumes of waste   
,the ,administrator may not make an     
exemption under subparagraph 7,a7 for an
 individual who generates #ej pounds or 
more of medical waste in any calendar   
month4  7#d7 ,protection of the         
environment and human health ,the       
,administrator may not make an exemption

 under this subsection unless the       
exemption does not endanger the         
environment or human health1 as         
determined by the ,administrator4  7d7  
,regulations  7#a7 ,in general ,for     
purposes of the program under this      
section1 not later than the last day of 
the one-year period beginning on the    
date of enactment of the ,medical ,waste
 ,management ,act of #bjac1 the         
,administrator shall promulgate         
regulations on tracking1 labeling1      
packaging1 storing1 handling1           
monitoring1 and disposing of medical    
waste4  7#b7 ,variation in rules ,the   
regulations under paragraph 7#a7 may    
include different rules for different   
types of medical waste and for different
 types of medical waste generators4     
#aajjb4 ,specific requirements for      
generators1 transporters1 and storage   
and disposal facilities  7a7 ,specific  
requirements for generators  7#a7 ,in   
general ,a generator of medical waste   
shall--  7,a7 provide any transporter   

that is transporting medical waste from 
the generator to a disposal facility--  
7i7 with a written assurance that the   
generator has complied with all         
labeling1 packaging1 and storage        
requirements under section #aajja with  
respect to such medical waste2 and  7ii7
 with a properly completed manifest form
 for transporting such waste under      
section #aajja7;b77#b72  7,b7 register  
with the ,administrator2 and  7,c7      
provide the ,administrator with the name
 of all transporters used by the        
generator to transport medical waste4   
7#b7 ,application to tattoo and body art
 establishments ,a body art             
establishment 7including a tattoo       
parlor7 shall be considered to be a     
generator of medical waste for purposes 
of this subtitle4  7b7 ,specific        
requirements for transporters ,a        
transporter of medical waste shall--    
7#a7 not accept medical waste from a    
generator without receiving a written   
assurance1 with regard to such waste1   

that is described in subsection         
7a77#a77;,a72  7#b7 register with the   
,administrator2 and  7#c7 disclose to   
the ,administrator the number and type  
of vehicles used by the transporter to  
transport medical waste and the         
equipment and methods used to ensure    
segregation and handling of such waste  
in accordance with this subtitle4  7c7  
,specific requirements for storage      
facilities ,an owner or operator of a   
storage facility shall--  7#a7 provide  
notice of the storage of medical waste  
to the generator of that medical waste2 
and  7#b7 register with the             
,administrator4  7d7 ,specific          
requirements for disposal facilities ,an
 owner or operator of a disposal        
facility shall--  7#a7 provide notice of
 the disposal of medical waste to the   
generator of that medical waste2 and    
7#b7 register with the ,administrator4  
7e7 ,registration ,the ,administrator   
may set appropriate requirements for    
registration under this section and may 

collect reasonable registration fees    
from generators1 transporters1 and      
disposal facilities4  7f7 ,availability 
of fees ,subject to appropriations1 fees
 collected under this section shall     
remain available for use by the         
,administrator for purposes of the      
medical waste management program under  
this subtitle4  #aajjc4 ,inspections    
7a7 ,requirements for ,access  7#a7 ,in 
general ,upon request of any officer1   
employee1 or representative of the      
,environmental ,protection ,agency duly 
designated by the ,administrator1 for   
purposes of developing or assisting in  
the development of any regulation or    
report under this subtitle or enforcing 
any provision of this subtitle1 any     
person who generates1 stores1 treats1   
transports1 disposes of1 or otherwise   
handles medical waste shall furnish     
information relating to such waste      
7including any manifest forms required  
under section #aajja71 conduct          
monitoring or testing1 and permit such  

officer1 employee1 or representative at 
all reasonable times to have access to1 
and to copy1 all records relating to    
such waste4  7#b7 ,specific activities  
authorized ,to carry out inspections for
 purposes of the program under section  
#aajja1 officers1 employees1 or         
representatives described under         
paragraph 7#a7 are authorized to--  7,a7
 enter at reasonable times any building1
 vehicle1 equipment1 container1 or other
 item or place where medical waste is   
generated1 stored1 treated1 disposed of1
 or transported2  7,b7 conduct          
monitoring or testing relating to such  
waste2  7,c7 inspect any such waste and 
any containers1 labels1 and documents   
relating to such waste2 and  7,d7 obtain
 from any person--  7i7 samples of such 
waste2 and  7ii7 samples or copies of   
such containers1 labels1 and documents4 
7b7 ,procedures  7#a7 ,prompt           
inspections ,each inspection under this 
section shall be commenced and completed
 with reasonable promptness4  7#b7      

,samples  7,a7 ,in general ,if an       
officer1 employee1 or representative    
described under subsection 7a77#a7      
obtains any samples under subsection    
7a77#b77;,d71 prior to leaving the site 
of inspection the officer1 employee1 or 
representative shall give to the owner1 
operator1 or agent in charge a receipt  
describing each sample obtained4  7,b7  
,analysis ,if any analysis is made of   
such samples1 a copy of the results of  
such analysis shall be furnished        
promptly to the owner1 operator1 or     
agent in charge of the site from which  
such sample was taken4  7c7             
,availability to public ,the provisions 
of section #cjjg7;b7 of this ,act shall 
apply to records1 reports1 and          
information obtained under this section 
in the same manner and to the same      
extent as such provisions apply to      
records1 reports1 and information       
obtained under section #cjjg4  #aajjd4  
,federal enforcement ,the provisions of 
section #cjjh 7except for subsection    

7d77#g7 and to the extent such section  
applies to used oil7 shall apply to a   
violation of this subtitle1 with respect
 to medical waste1 in the same manner   
and to the same extent as such          
provisions apply to a violation of      
subtitle ,c1 with respect to hazardous  
waste except that any reference in      
section #cjjh to--  7#a7 section #cjjf  
shall be treated as a reference to      
section #aajje2  7#b7 a permit under    
this subtitle shall be treated as a     
reference to registration under section 
#aajjb2 and  7#c7 authorization to      
operate under section #cjje7;e7 shall be
 treated as a reference to a            
registration under section #aajjb4      
#aajje4 ,authorized ,state medical waste
 programs ,the provisions of section    
#cjjf 7except for subsections 7g7 and   
7h7 and paragraphs 7#c7 and 7#d7 of     
subsection 7c77 shall1 to the extent    
consistent1 apply to this subtitle1 with
 respect to medical waste1 in the same  
manner as such provisions apply to      

subtitle ,c1 with respect to hazardous  
waste1 except that any reference in     
section #cjjf to--  7#a7 the date of    
enactment of this ,act shall be treated 
as a reference to the date of enactment 
of the ,medical ,waste ,management ,act 
of #bjac2  7#b7 the date of promulgate  
of regulations under sections #cjjb1    
#cjjd1 and #cjje1 shall be treated as a 
reference to the date of promulgation of
 regulations under section #aajja1      
#aajjb1 and #aajjc2 and  7#c7 ,january  
#ca1 #aihf1 shall be treated as a       
reference to ,december #ca1 #bjac4      
#aajjf4 ,syringe disposal program  7a7  
,in general ,the ,administrator shall   
establish a program on syringe disposal 
to--  7#a7 educate the public about     
acceptable methods for disposal of used 
syringes generated by individuals       
through personal use of such syringes   
outside of medical facilities1 including
 through household use2 and  7#b7       
provide grants to ,state and local      
governments and nonprofit and private   

entities--  7,a7 to educate the public  
about such methods2 and  7,b7 to        
increase access to such disposal        
methods4  7b7 ,acceptable disposal      
methods ,for purposes of this section1  
acceptable methods of disposal of used  
syringes shall be determined by the     
,administrator and may include community
 drop-off programs1 hazardous waste     
facilities that accept household waste1 
mail-back programs1 syringe exchange    
programs1 and needle destruction        
devices4  7c7 ,unacceptable disposal    
methods ,for purposes of this section1  
disposal--  7#a7 in household garbage is
 not an acceptable disposal method      
unless the syringe has been             
appropriately 7as determined by the     
,administrator7 sterilized and          
destroyed2 and  7#b7 through the sewage 
system is not an acceptable disposal    
method4  #aajjg4 ,reports to ,congress  
7a7 ,annual ,report  7#a7 ,in general   
,not later than one year after the date 
of enactment of the ,medical ,waste     

,management ,act of #bjac and annually  
thereafter1 the ,administrator shall    
report to ,congress on the following3   
7,a7 ,the types1 number1 and size of    
generators of medical waste in the      
,united ,states4  7,b7 ,the types and   
amounts of medical waste generated in   
the ,united ,states4  7,c7 ,the methods 
currently used to handle1 store1        
transport1 treat1 and dispose of the    
medical waste1 including the extent to  
which such waste is disposed of in sewer
 systems4  7,d7 ,the present and        
potential costs--  7i7 to local         
economies1 persons1 and the environment 
from the improper handling1 storage1    
transportation1 treatment1 or disposal  
of medical waste2 and  7ii7 to          
generators1 transporters1 and storage   
and disposal facilities from regulations
 establishing requirements related to   
tracking1 handling1 storing1            
transporting1 treating1 and disposing of
 medical waste4  7,e7 ,available and    
potentially available methods for       

handling1 storing1 transporting1 and    
disposing of medical waste and their    
advantages and disadvantages4  7,f7     
,available and potentially available    
methods for treating medical waste1     
including methods of sterilization1     
chemical treatment1 and grinding4  7,g7 
,the advantages and disadvantages of    
such treatment methods1 including the   
extent to which such methods--  7i7     
render medical waste noninfectious or   
less infectious2  7ii7 make medical     
waste unrecognizable2 and  7iii7 protect
 human health and the environment4  7,h7
 ,factors impacting the effectiveness of
 the treatment methods identified in    
subparagraph 7,f71 including quality    
control and quality assurance           
procedures1 maintenance procedures1 and 
operator training4  7,i7 ,available and 
potentially available methods for the   
reuse or reduction of the volume of     
medical waste generated4  7b7 ,study and
 report on individual generators  7#a7  
,study ,the ,administrator shall conduct

 a study on--  7,a7 the type of medical 
waste 7including used syringes7         
generated by individuals through        
personal use of medical products outside
 of medical facilities2  7,b7 the volume
 of such waste2  7,c7 the availability  
and cost of disposal and treatment of   
such waste2  7,d7 the impact on the     
environment and human health of         
excluding such waste from the medical   
waste management program under section  
#aajja2 and  7,e7 the extent to which   
individuals are aware of and use        
available disposal and treatment options
 for such waste4  7#b7 ,report ,not     
later than the last day of the one-year 
period beginning on the date of         
enactment of the ,medical ,waste        
,management ,act of #bjac1 the          
,administrator shall submit a report to 
,congress containing--  7,a7 the results
 of the study under paragraph 7#a72     
7,b7 recommended standards for the      
handling1 storage1 treatment1 and       
disposal of such waste2 and  7,c7       

recommendations for educating the public
 about such standards4  7c7             
,consultation ,in preparing the reports 
under this section1 the ,administrator  
shall consult with appropriate ,state   
and local agencies4  #aajjh4 ,general   
provisions  7a7 ,consultation  7#a7 ,in 
promulgating regulations under this     
subtitle1 the ,administrator shall      
consult with the ,states and may consult
 with other interested parties4  7#b7   
,the ,administrator shall also consult  
with the ,international ,joint          
,commission 7as established by the      
,boundary ,waters ,treaty of #aiji      
between ,canada and the ,united ,states7
 to determine how to track medical waste
 entering the ,united ,states from      
,canada4  7b7 ,paperwork ,reduction ,act
 ,the promulgation of such regulations  
shall not be subject to the ,paperwork  
,reduction ,act of #aihj4  7c7          
,relationship to ,subtitle ,c ,nothing  
in this subtitle shall affect the       
authority of the ,administrator to      

regulate medical waste under subtitle ,c
 of this ,act4  #aajji4 ,effective date 
of regulations ,the regulations         
promulgated under this subtitle shall   
take effect on the last day of the      
#ij-;day period beginning on the date   
such regulations are promulgated4  4    
7c7 ,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 following3  ,subtitle ,j--,medical  
,waste ,management ,program ,sec4       
#aajja4 ,medical waste management       
program4 ,sec4 #aajjb4 ,specific        
requirements for generators1            
transporters1 and storage and disposal  
facilities4 ,sec4 #aajjc4 ,inspections4 
,sec4 #aajjd4 ,federal enforcement4     
,sec4 #aajje4 ,authorized ,state medical
 waste programs4 ,sec4 #aajjf4 ,syringe 
disposal program4 ,sec4 #aajjg4 ,reports
 to ,congress4 ,sec4 #aajjh4 ,general   
provisions4 ,sec4 #aajji4 ,effective    
date of regulations4  4