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PA Bulletin, Doc. No. 97-459

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[27 Pa.B. 1519]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, March 6, 1997, and took the following actions:

Regulations Approved:

   Environmental Quality Board # 7-298:  Marking of Infectious Waste Containers (amends 25 Pa. Code §§ 285.146 and 285.147)

Commissioners Present:  John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public meeting held
March 6, 1997

   Environmental Quality Board--Marking of Infectious Waste Containers; Doc. No. 7-298

Order

   On June 4, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking would amend 25 Pa. Code §§ 285.146 and 285.147. The authority for this regulation is found in Sections 105 and 201 of the Solid Waste Management Act (35 P. S. §§ 6018.105 and 6018.201), Sections 1 and 4 of the Infectious and Chemotherapeutic Waste Disposal Act (35 P. S. §§ 6019.1 and 6019.4) and Section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the June 15, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 4, 1997.

   This regulation is the result of a petition to the Environmental Quality Board (EQB) from DeRoyal Industries, Inc. (DeRoyal). The existing regulation requires the outermost container of infectious waste to be red and the outermost container of chemotherapeutic waste to be yellow. This rule applies to most rigid containers of wastes as well as bags. This regulation revises the rule to exempt rigid containers from the red or yellow color requirement. The new rule will match the Federal re-quirement for a specific type of label. The label requirement includes the universal biohazard symbol that conforms to the design shown in regulations of the U. S. Occupational Safety and Health Administration.

   During the proposed stage, we received copies of letters from:

Watson, Hollow and Reeves, P.L.C., representing DeRoyal,    Knoxville, TN

Association for Professionals in Infection Control and    Epidemiology, Inc., PA

Magee-Womens Hospital, Pittsburgh, PA

Broad Top Township, Defiance, PA

Francis J. Roth, Chalfont, PA

   We also received a letter from Jon G. Roach, an attorney for Watson, Hollow and Reeves, P.L.C., representing DeRoyal, expressing support for the final-form regulation and requesting that the Commission act favorably upon the regulation.

   This regulation will bring the Commonwealth's rule for labeling containers of infectious and chemotherapeutic waste (ICW) into greater conformity with Federal standards. Hence, it meets the requirements of Executive Order 1996-1. With the adoption of these amendments, companies that manufacture and Nationally market rigid containers for the storage and transportation of ICW will be able to market the same container in Pennsylvania. This should reduce the cost of such containers to the Pennsylvania companies, institutions and individuals who generate, handle and transport ICW.

   We have reviewed this regulation and find it to be in the public interest. It eliminates the requirement that rigid containers be color coded. This will allow generators and transporters of ICW to use the same containers used in other states and to avoid the costs of containers specially made for Pennsylvania. It maintains the rule that plastic bags be color coded and properly labeled to avoid confusion and the potential for improper and unsafe waste disposal.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-298 from the Environmental Quality Board, as submitted to the Commission on February 4, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 97-459. Filed for public inspection March 21, 1997, 9:00 a.m.]


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