SB 80, An Act Concerning The Burning Of Medical Waste

TESTIMONY OF CONNECTICUT HOSPITAL ASSOCIATION SUBMITTED TO THE ENVIRONMENT COMMITTEE

Friday, January 31, 2025

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning SB 80, An Act Concerning The Burning Of Medical Waste. CHA opposes the bill as drafted.

Connecticut hospitals and health systems care for patients, strengthen the state’s economy, and support vulnerable communities across the state. Every day, they work to improve healthcare access, affordability, and health equity. Even as they face ongoing challenges, hospitals provide world-class care to everyone who walks through their doors, regardless of their ability to pay. Hospitals also support an exemplary workforce as the largest collective employer in the state, contribute significantly to the state’s economy, and invest in their communities addressing social drivers of health.

SB 80, if enacted in its current form, would restrict the ability to operate a medical waste incinerator unless the incinerator is “in compliance with all standards of the United States Environmental Protection Agency for medical waste incinerators.” We agree that operators of industrial incinerators should be compliant with all applicable federal and state laws. And, operators are already required, by federal law, to follow any mandated federal standards. There is no need to codify in state statute a general requirement for operators to comply with such federal standards.

A new state law requiring compliance with standards that exist in federal law would:

  • Be redundant
  • Result in differences in the interpretation of such standards by state and federal regulators as they apply to incinerator operators, causing confusion and delay
  • Likely result in the unintended consequence of adding to the overall cost of healthcare, as well as creating untenable situations for the necessary disposal of infectious and other biomedical materials. The costs associated with handling, storage, and disposal of medical waste are already high. Further regulation would only add cost and likely reduce the available options for safe disposal

As stated above, if there are federal mandates that an incinerator operator must follow, then those standards need not be codified in state law. If the bill seeks to require federal standards that are actually advisory in nature, then that should not be done unless and until a clear need has been demonstrated for such change in policy. There is a complex interconnection between state and federal waste disposal laws. The state is the primary source of oversight for medical waste disposal.

Connecticut regulations of state agencies include:

  • Multiple strict requirements for the disposal of medical waste. See 22a-209-1 through 22a-209-15
  • Strict mandates on incinerator operations. See 22a-174-1 through 22a-174-18. These regulations plainly state when incineration may, and in some cases must, be used for disposal of certain types of medical waste. For example, chemotherapy waste may only be disposed of using incineration. See, 22a-209-15(f)

CHA appreciates the concern with ensuring the proper disposal of medical waste, especially to those communities adjacent to these facilities. We believe that no changes should be made without a full, scientific, and rational review of the issues. If the state has identified the need to adopt new standards, then there should be a clear explanation by the state of the reasons, a review of the costs and benefits, and a meaningful opportunity for stakeholder and expert input.

CHA looks forward to working with the committee and the Connecticut Department of Energy and Environmental Protection (DEEP) to assess and review these issues.

Thank you for your consideration of our position. For additional information, contact CHA Government Relations at (203) 294-7301.