Faxback 13277



9441.1989(24)

AUG 16 1989

MEMORANDUM

SUBJECT: Final Monthly Report-RCRA/Superfund Industry Assistance
Hotline and Emergency Planning and Community Right-To-Know
Information Hotline Report for May 1989

FROM: Thea McManus, Project Officer
Office of Solid Waste

TO: See List of Addressees

This report is prepared and submitted in support of Contract #68-01-7371

I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES-MAY 1989

A. RCRA

1. Medical Waste-Household Medical Waste

According to Section 259.30(b)(1)(ii) of the Medical Waste Tracking regulations
(54 FR 12374), household waste is not regulated as medical waste. Would this
exemption apply to household waste generated by health care providers in
private homes?

Household waste, as defined in Subtitle C regulations (40 CFR Section
261.4(b)), is excluded from the definition of medical waste in RCRA Section
1004(40), and is not subject to the requirements of the demonstration
program. The November 13, 1984 Federal Register (49 FR 44978) stated that
the exclusion is limited to waste generated by individuals on the premises of
a residence, for individuals and composed primarily of materials found in
waste generated by consumers in their homes. Thus, if domestic waste is
generated by individuals at a residence, it is "household waste" and thus
excluded from this program. Medical waste generated in homes by home
health care providers thus is "household waste." Because the household
wastestream is excluded, the waste generated by a health care provider in
private homes would not be subject to the tracking or management
requirements even when the waste is removed from the home and
transported to the physician's place of business.

Source: Becky Cuthbertson (202) 475-6713
Research: Kim Jennings (202) 382-3112