The Virginia Department of Environmental Quality (DEQ) has responded to a VDA letter sharing member concerns regarding new regulated medical waste regulations. We asked for relief from the requirement to remove containers once a month as that would cause an unnecessary expense for most dental offices with no corresponding benefit in patient safety. 

The DEQ responded with a substantial clarification of the revision that addresses the primary concern VDA members expressed.

The clarification provided included the following:

The regulation now states that "Generators of less than 250 gallons of regulated medical waste per calendar month shall arrange for the removal of all regulated medical waste stored onsite at least once per calendar month and provide shipment to a facility permitted to receive it for transfer, treatment, or disposal. No regulated medical waste shall be stored onsite for more than 45 calendar days, and no more than 250 gallons of regulated medical waste shall be stored onsite at any given time."  

The definition for generate included in the amended regulation is:

"Generate" means to cause waste to become subject to regulation. At the point a regulated medical waste is discarded, it has been generated. Timeframes associated with storage and refrigeration are linked to the date the waste is placed in storage, not the date the waste is generated.

Importantly, DEQ clarified that for purposes of this regulation, the regulated medical waste will not be considered to be “stored” until the RMW container is full and the bag tied off. There is not an expectation for monthly pickups of containers that are not full.  

The VDA appreciates the DEQ for providing prompt clarification on this regulation. We hope that this information alleviates the concerns of many VDA members.  Should you have questions, the DEQ can be reached at 800-592-5482.