Universal Waste for Pharmaceuticals

To:  U.S. Environmental Protection Agency

WASTE PETITION
EXP Needs Your Help!

EXP Pharmaceutical Services Corp. (EXP) has been actively working with private groups and governmental agencies, including the U. S. Environmental Protection Agency, on behalf of healthcare facilities in an effort to clarify and simplify the laws applicable to the proper disposal of unwanted pharmaceuticals and to promote the benefits of the existing pharmaceutical reverse distribution system as a resource. EXP has achieved considerable progress in recent years, however; with your support, EXP believes more can be achieved.

EXP requests your support for its Universal Waste for Pharmaceuticals Petition. EXP believes that this initiative would substantially reduce the time and costs associated with the management and disposal of the non-creditable pharmaceuticals; and consequently, dramatically increase the rate of compliance with the applicable laws and the amount of pharmaceuticals that are properly handled and, conversely, decrease the amount of pharmaceuticals entering our waterways.

By demonstrating support with your signature below, (1) EXP will indicate your support for the Petition on this Site. (2) If below you allow the petition author to view your email address, EXP will send you periodic updates relating to the Petition, and (3) EXP will at an appropriate time, forward a list of supports and associated comments, if any, to the appropriate governmental agency.

EXP will continue its work on behalf of healthcare facilities to prove that it truly is “Different and Better.”


Gus J. Changaris
President & Chief Executive Officer
EXP Pharmaceutical Services Corp.



EPA: Universal Waste for Pharmaceuticals Petition

As background, reverse distributors assist healthcare facilities with the proper management and eventual disposal of a portion of the unwanted pharmaceuticals in their possession. However, the existing regulatory scheme prevents reverse distributors from assisting their customers with the disposal of all of the unwanted pharmaceuticals in their possession; and, in fact, encourages healthcare facilities to place unwanted pharmaceuticals in the trash and sewer system. As a result, EXP has been advocating for the application of the Universal Waste Rules to the management of unwanted pharmaceuticals.

On July 17, 2006, EXP wrote to Susan Bodine, the Assistant Administrator of the EPA’s Office of Solid Waste and Emergency Response, encouraging the EPA to consider fast-track rulemaking to identify unwanted pharmaceuticals designating as hazardous waste under RCRA as “Universal Waste.” (Visit www.expworld.com for the text of this communiqué.) The letter to Ms. Bodine describes the paradox faced by healthcare facilities in the disposal of all of the unwanted pharmaceuticals in their possession. Under the present law, reverse distributors assist healthcare facilities with the proper management and eventual disposal of “potentially creditable pharmaceuticals.” These are pharmaceuticals that may be returned to manufacturers for credit. However, the law precludes reverse distributors from assisting their customers in the proper management of a substantial portion of the unwanted pharmaceuticals in their possession, namely “non-creditable pharmaceuticals.” Under the current law, a reverse distributor may not assist healthcare facilities with the proper management and eventual disposal of “non-creditable pharmaceuticals,” even though they are chemically and physically identical in all respects with the “potentially creditable pharmaceuticals.” The only difference between the two categories is that the manufacturers of the “non-creditable pharmaceutical” products will not provide a credit for their return. In fact, products frequently move back and forth between “potentially creditable” and “non-creditable” depending upon a myriad of factors. Due to the complexities of the applicable laws (and costs associated with compliance) and the lack of effective and efficient systems to allow healthcare facilities to determine which of the “non-creditable pharmaceuticals” designate as RCRA hazardous waste, a significant number of healthcare facilities simply place the “non-creditable pharmaceuticals” in the trash or sewer system.

EXP believes that application of the Universal Waste Rules to all unwanted pharmaceuticals that presently designate as RCRA hazardous waste would substantially reduce the time and costs associated with the management and disposal of the non-creditable pharmaceuticals; and consequently, dramatically increase the rate of compliance with the applicable laws and the amount of pharmaceuticals which are properly handled and, conversely, decrease the amount of pharmaceuticals entering our waterways.

Our letter prompted a very productive conference call with Mr. Matt Hale, Director of the Office of Solid Waste, and his colleagues at the EPA in the fall of 2006 regarding reverse distribution and the application of the Universal Waste Rules to unwanted pharmaceuticals. Thereafter, in April of 2007, the EPA issued its Semiannual Regulatory Agenda which included a proposal to add hazardous pharmaceutical and consumer product (in the consumer product packaging) wastes to the universal waste system. (Visit www.expworld.com for the text of this communiqué.)

When the proper time comes for appropriate communication to the EPA regarding comments and concerns for this application of Universal Waste rules to “Unwanted Pharmaceuticals that presently designate as RCRA hazardous waste”, EXP will present to the EPA this petition and all associated comments in support of this proposed action.

Therefore, we the undersigned encourage the EPA to consider the change to allow for application of the Universal Waste Rules to all unwanted pharmaceuticals that presently designate as RCRA hazardous waste.

Sincerely,

The Undersigned

The Universal Waste for Pharmaceuticals Petition to U.S. Environmental Protection Agency was created by and written by Kirk Herweck (kirkh@expworld.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.