Md. Code Regs. 26.13.10.35 – Residues of Hazardous Waste Pharmaceuticals in Empty Containers.

A. This regulation establishes criteria under which a container that held a pharmaceutical is considered to be empty.
B. A container that is empty according to the criteria in this regulation is not regulated as hazardous waste unless the materials of construction of the container itself cause the container to meet the definition of hazardous waste.
C. Stock, Dispensing and Unit-dose Containers.
1. (1) Except as provided in §C(2) of this regulation, the following containers are considered empty, and any residues remaining in the containers are not regulated as hazardous waste if the pharmaceuticals have been removed from the container using the practices commonly employed to remove materials from that type of container:
  1. (a) A stock bottle, dispensing bottle, vial, or ampule; and
  2. (b) A unit-dose container, such as a unit-dose packet, cup, wrapper, blister pack, or delivery device.
2. (2) The criterion of §C(1) of this regulation does not apply to a stock bottle, dispensing bottle, vial, or ampule that exceeds 1 liter or has a capacity of more than 10,000 pills.
D. Syringes.
1. (1) A syringe is considered empty and the residues are not regulated as hazardous waste if the contents of the syringe have been removed by fully depressing the plunger of the syringe.
2. (2) At a healthcare facility that is operating under Regulations .32—.47 of this chapter, if a syringe is not empty, the generator of the waste shall place the syringe with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of:
  1. (a) As a noncreditable hazardous waste pharmaceutical under Regulations .33—.47 of this chapter; and
  2. (b) Any applicable federal, state, and local requirements for sharps containers and medical waste.
E. Intravenous (IV) Bags.
1. (1) An IV bag is considered empty and the residues are not regulated as hazardous waste if:
  1. (a) The pharmaceuticals in the IV bag have been fully administered to a patient; or
  2. (b) The IV bag:
    1. (i) Held non-acute hazardous waste pharmaceuticals; and
    2. (ii) Is empty as defined in COMAR 26.13.02.07B(1).
2. (2) At a healthcare facility that is operating under Regulations .32—.47 of this chapter, if an IV bag that is going to be discarded is not empty as specified in §E(1) of this regulation, the generator shall place the IV bag with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a noncreditable hazardous waste pharmaceutical under Regulations .33 — .47 of this chapter.
F. Other Containers, Including Delivery Devices.
1. (1) This section applies to any type of container, including a delivery device, that:
  1. (a) Is not identified in §§C—E of this regulation;
  2. (b) Held or contains a pharmaceutical that would be regulated as hazardous waste if discarded; and
  3. (c) Is unused, partially administered or fully administered.
2. (2) Examples of containers subject to this section include inhalers, aerosol cans, nebulizers, and tubes of ointments, gels, or creams.
3. (3) Except as specified in §F(4) of this regulation, at a healthcare facility that is operating under Regulations .32—.47 of this chapter, the generator of a container identified in §F(1) of this regulation that is going to be discarded shall manage the container as a non-creditable hazardous waste pharmaceutical under Regulations .33—.47 of this chapter.
4. (4) §F(3) of this regulation does not apply if the container that is going to be discarded:
  1. (a) Held non-acute hazardous waste pharmaceuticals; and
  2. (b) Is empty as defined in COMAR 26.13.02.07B(1) or B(2).

Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland

Effective date: April 18, 1988 (15:8 Md. R. 1009)

Chapter recodified from COMAR 10.51.11 to 26.13.10

Regulation .01A, C amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01A, D amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .01C, D amended effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .02A amended effective December 23, 1991 (18:25 Md. R. 2759); October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647)

Regulation .02E, F amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .03A, B amended effective November 1, 2002 (29:21 Md. R. 1647)

Regulation .03B, D amended effective October 16, 2000 (27:20 Md. R. 1843); January 13, 2022 (49:1 Md. R. 14)

Regulation .04 amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14)

Regulation .04B, C amended effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .04J amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .05 adopted effective September 7, 1998 (25:18 Md. R. 1438)

Regulations .06—.25 adopted effective November 1, 2002 (29:21 Md. R. 1647)

Regulation .06B amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .08A, B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .09 amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .09-1 adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .10A amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .11C amended effective January 18, 2016 (43:1 Md. R. 14)

Regulation .14 amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .14B amended effective May 3, 2021 (48:9 Md. R. 359); October 1, 2025 (52:17 Md. R. 876)

Regulation .16-1 adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .17A amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .18C amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .19C amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .20C amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .20F adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .21F amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .22G amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .23C amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .24 amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .25A amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .25B amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .25C adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .26 adopted effective January 1, 2007 (33:26 Md. R. 1999)

Regulation .27 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .28 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .29 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .30 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .31 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulations .32—.49 adopted effective October 1, 2025 (52:17 Md. R. 876)