For the better part of a decade, the regulated community, policymakers, and regulators have grappled with how best to manage hazardous waste pharmaceuticals. On August 31, 2015, the curtain rose on a new era with the pre-publication of a new proposed standard for stemming the flood of pharmaceuticals entering our water supply and streamlining waste management practices to protect our nation’s drug supply.
Troutman Sanders Team assists Safeway Inc. with Retail and Pharmaceutical Waste Issues in California
As reported by Law360, Troutman Sanders LLP and members of its Environmental and Natural Resources Practice Group assisted Safeway Inc. regarding its recent settlement of retail and pharmaceutical waste issues in California. The Alameda County District Attorney’s office, along with 43 other California jurisdictions, filed a Complaint and Stipulation of Final Judgment resolving the case for payments of penalties, investigative costs and Supplemental Environmental Projects valued at $9.87 M. Prosecutors alleged that Safeway and its approximately 500 grocery stores and pharmacies, as well as two distribution centers, had improperly disposed of hazardous and medical wastes under state laws regulating the disposal of these materials.
EPA Seeks Comments from the Retail Sector on Hazardous Waste Management, Comments Due on April 15
In early February, EPA released a Notice of Data Availability (NODA) that gives the retail sector the opportunity to submit comments on the various challenges that they face in complying with the federal Resource Conservation and Recovery Act (RCRA). In the NODA, EPA points out that retailers are challenged to make numerous hazardous waste determinations at thousands of sites, “generally by store employees with limited experiences with the RCRA hazardous waste regulations.” The NODA is a continuation of EPA’s efforts, initiated in 2008, to address challenges related to hazardous waste pharmaceutical management.
Florida v. Georgia – The Buck Stops Here
The tri-state water wars between Georgia, Florida, and Alabama are far from over. In fact, they have now been escalated. On October 1, Florida filed a complaint in the United States Supreme Court requesting that the Court equitably apportion the waters of the Apalachicola-Chattahoochee-Flint (“ACF”) River Basin between Florida and Georgia. Florida argues that Georgia has permitted withdrawals of both surface and groundwater that are allegedly adversely impacting the Apalachicola Region’s ecosystem and economy. Florida cites declines in its fisheries and in particular claims that reduced flows impact oyster fisheries. As support for its complaint, Florida alleges impacts to ecosystems, threatened and endangered species, recreation and Florida’s economy. Georgia has yet to respond, but the state will likely raise issues related to conservation measures implemented by Georgia, Florida’s abandonment of its appeal of endangered species consultations between the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service, Florida’s own over-fishing of the oyster fisheries, and salinity issues created by Florida’s insistence upon Sikes Cut, a navigation channel through St. George Island.
RCRA Compliance for Retail and Pharmaceutical Wastes
In recent years, there has been a significant increase in the number of on-site inspections and enforcement activity related to retail and pharmaceutical hazardous waste. In the wake of this heightened scrutiny, the regulated community (including, for example, big box retailers, hospitals, medical clinics, and retail pharmacies) is rigorously working to maintain regulatory compliance, but the applicable RCRA regulatory scheme has proven to be the source of much confusion. Fortunately, it is clear that EPA appreciates the difficulties inherent in the current regulatory scheme, and, according to its website, EPA is set to release a proposed pharmaceutical waste management rule for public comment in March 2014.