Microwave treatment of regulated medical waste

September 17, 1993

MEMORANDUM FOR: GILBERT J. SAULTER
REGIONAL ADMINISTRATOR

THROUGH: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS

FROM: ROGER A. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: Acceptability of Microwave Systems to Convert Regulated
Waste to Regular Waste

In a recent telephone conversation with a member of your staff, and in subsequent correspondence, you asked us to determine the acceptability of microwave systems to convert regulated waste into waste free of biohazardous material. While researching this matter, we contacted the Environmental Protection Agency (EPA) to determine its jurisdiction on this matter.

EPA has been studying the use of microwave systems to disinfect regulated waste since 1991. This study was finished only recently and is now under review. The results from this study, upon which EPA will base any determination, will be available in early 1994.

In the interim, EPA has indicated that if a microwave system is currently acceptable to the state and local authorities to convert regulated waste to regular waste, then EPA will defer to that jurisdiction. Therefore, OSHA will also leave the decision as to whether regulated waste treated by a microwave system can be disposed of as regular waste to state and local authorities.

If use of such a system is in accordance with applicable state or local laws, then no apparent violation of 29 CFR 1910.1030(d)(4)(iii) exists. This issue will be revisited in the future when EPA's results are published.

[Earlier agency memorandum and company correspondence reproduced on OSHA page; omitted here.]