The United States environmental protection agency (EPA) administers the Resource Conservation and Recovery Act (RCRA), which includes regulations affecting the collection, movement, and disposal of hazardous agricultural and household waste. EPA has also adopted universal waste management rules under 40 CFR 273. Wisconsin’s “clean sweep” grantees and vendors must comply with all applicable RCRA and universal waste provisions. Prescription drugs that are controlled substances are regulated under the federal Controlled Substance Act (21 USC 801) and the Controlled Substances Import and Export Act (21 USC 951). On September 9, 2014, the federal drug enforcement administration published its final regulations on prescription drug disposal under the Secure and Responsible Drug Disposal Act of 2010, which took effect on October 9, 2014. Wisconsin’s prescription drug “clean sweep” program must comply with all these federal laws and regulations. Comparison with Rules in Adjacent States
The surrounding states of Illinois, Iowa, Michigan and Minnesota also collect unwanted pesticides, household hazardous waste or unwanted prescription drugs. The agencies involved, their funding sources, and distribution of funds vary greatly. Wisconsin is the only state that has one agency overseeing these various types of grants.
Illinois
Illinois offers a grant for agricultural and structural pesticide collections through the Illinois department
of agriculture. The Illinois environmental protection agency also offers four one-day collections for household hazardous waste and unwanted drugs, in addition to some county hosted events. Illinois’s Prescription Pill and Drug Disposal Fund provides reimbursement to law enforcement agencies for collection, transport and incineration of medicines collected from residential sources. Iowa
Iowa no longer holds household hazardous waste collection days and eliminated the award of grants to fund those one-day collections. Instead, the Iowa department of natural resources offers Regional Collection Centers (RCCs) that are open year-round. These RCCs take household waste but can also accept agricultural waste at their discretion. In addition to main RCCs, there are satellite RCC sites and mobile collections that contract with an RCC and travel within a county for collections. Iowa offers two kinds of funds: (1) reimbursement funds to cover operating expenses/disposal costs, and (2) establishment funds to help a county set up a permanent site. Unlike Wisconsin’s clean sweep program, Iowa allows its funds to be used to build permanent facilities.
Iowa also offers a pharmaceutical disposal program called TakeAway, in which patients or caregivers can bring unwanted or expired medicines to participating TakeAway pharmacies. The pharmacist will dispose of the returned medications (prescription drugs or over-the-counter products) into a waste bin specially designed to safely store discarded pharmaceutical products, along with their packaging. Once filled, the TakeAway system is sealed and shipped to a medication disposal facility where the system and its contents are incinerated at a waste-to-energy facility. Some participating pharmacies also sell TakeAway envelopes, pre-addressed, postage pre-paid large envelopes that can be taken into the home, filled with unused and expired medicine, and mailed through the United States postal service to the disposal facility. Controlled substances must go to law enforcement or one of the United State drug enforcement administration collections.
Michigan
Michigan offers a clean sweep program for agricultural pesticides through its department of agriculture & rural development (MDARD). The Michigan department of environmental quality covers household collections, supported by an EPA grant. No grants are given. MDARD will cover the cost of transportation and disposal costs of pesticides collected at household events.
Minnesota
Minnesota enters into cooperative agreements with counties to collect non-agricultural and agricultural waste pesticides. For those counties without a cooperative agreement, the Minnesota department of agriculture (MDA) holds collections. Agricultural pesticides are collected every other year and household hazardous wastes are collected each year. MDA pays supplies, transportation and disposal costs and $0.25/lb. for “reasonable overhead costs.” The Minnesota pollution control agency (MPCA) provides stipends to counties for household hazardous waste collections. Stipends cover about 10 percent of costs and are determined by different formulas. Minnesota does not offer drug grants. Collections, transportation and disposal are overseen by county law enforcement and the counties pay all associated costs.
Summary of Factual Data and Analytical Methodologies
To develop this rule, four listening sessions were held throughout Wisconsin. Participants included representatives from local government entities that are current and past grant recipients, many of whom manage county or municipal solid waste programs. Comments were also received from law enforcement agencies that administer unwanted prescription drug collections.
Fiscal Impact
There will be no fiscal impact from this rule revision. The amount of available grant funds will not change under this rule revision nor have eligibility requirements changed.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis
No supporting documents were used. DATCP relied on information obtained through the listening sessions (See Summary of Data and Analytical Methodologies, above), as well as any comments received through the economic impact analysis comment period.
Effects on Specific Businesses and Business Sectors
This rule revision will have no effect on small business. By statute, the department may only award grants under the clean sweep program to local government entities for expenses related to the collection of and disposal of unused agricultural pesticides, household waste, and unwanted prescription drugs. No changes have been made to the current rule that directly would impact small businesses. The rule will continue to benefit certain small businesses such as farmers, farm supply stores, and cooperatives that generate small quantities of waste pesticides per month, since clean sweep collections provide a no- or low-cost method of disposing of agricultural pesticides and other farm chemical waste.
DATCP Contact Information
Questions and comments related to this rule may be directed to:
Ms. Jane Larson
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4545
SECTION 1 ATCP 34.01 (intro.) is amended to read:
ATCP 34.01 Purpose. This chapter establishes procedures for the agricultural chemical and container collection grant program under s. 93.55, Stats., and the household hazardous waste, and unwanted prescription drug grant program programs under s. 93.57, Stats. SECTION 2 ATCP 34.02 (5) (c) is created to read:
ATCP 34.02 (5) (c) Unwanted prescription drugs.
SECTION 3 ATCP 34.02 (6) is amended to read:
ATCP 34.02 (6) “Continuous collection event” means a clean sweep project that collects chemical waste or unwanted prescription drugs on at least 4 days in a calendar year.
SECTION 4 ATCP 34.02 (6) (Note) is created to read:
Note: Grant recipients will be responsible for verifying that any clean sweep project in which a collection is made by a “temporary collection facility” or “permanent collection facility” as defined in s. NR 666.901 meet all applicable ch. NR 666 regulations. SECTION 5 ATCP 34.02 (13m) is created to read:
ATCP 34.02 (13m) “In-kind costs” means a payment given in goods, commodities or services, rather than money.
SECTION 6 ATCP 34.02 (14g) and (Note) are created to read:
ATCP 34.02 (14g) “Permanent collection” means a clean sweep project that collects chemical waste or unwanted prescription drugs under this program during at least 6 months of the year and includes permanent infrastructure for waste collection.
Note: A clean sweep project for which a collection is made by a “permanent collection facility” as defined in s. NR. 666.901 (5) must meet all applicable ch. NR 666 regulations. SECTION 7 ATCP 34.02 (17) is amended to read:
ATCP 34.02 (17) “Temporary collection event” means a clean sweep project that collects chemical waste or unwanted prescription drugs on fewer than 4 days in a calendar year.
SECTION 8 ATCP 34.02 (17) (Note) is created to read:
Note: A clean sweep project for which a collection is made by a “temporary collection facility” as defined in s. NR 666.901 (6) must meet all applicable NR 666 regulations. SECTION 9 ATCP 34.02 (17g) and (17r) (a) and (b) are created to read:
ATCP 34.02 (17g) “Total project cost” means the sum of all reimbursable direct costs, as provided under s. ATCP 34.04 (2), and in-kind costs. (17r) (a) Except as provided under par. (b), “unwanted prescription drug” means
any of the following if lawfully possessed by an individual for the individual’s own use, for the use of a member of the individual’s household, or for the use of an animal owned by the individual or a member of the individual’s household, and if located in or comes from a place where the individual, a member of the individual’s household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the unwanted prescription drug:
1.
A prescription drug, as defined in s. 450.01(20);2.
A nonprescription drug product as defined in s. 450.01 (13m), Stats.3.
A veterinary prescription drug as defined in s. 453.02 (11), Stats. 4.
A veterinary over-the-counter drug as defined in s. 453.02 (10), Stats. 5.
A delivery device with a needle that contains a prescription drug or veterinary prescription drug such as a pre-filled syringe or auto-injector, but not intravenous bags or tubing. (b) An unwanted prescription drug does not include any of the following:
1. Chemotherapy drugs.
3. Any item containing elemental mercury, such as a thermometer.
SECTION 10 ACTP 34.02 (18) is amended to read:
