Regulatory Interpretation

Date:June 23, 2017

Subject: Waste Disposal of Select Agents and Toxins

This is in response to your request, dated June 15, 2017 for the following consultation regarding a select agent or toxin that has been subjected to decontamination or a destruction procedure when intended for waste disposal. 

  • Does waste containing select agents or toxins decontaminated with commercial products (i.e. phenol, chloroform, phenol/chloroform, or Trizol™ or other similar commercial product waste) meet the exclusion provisions outlined in sections 3(d)(3) and 4 (d)(3) of the select agent regulations?

    Yes. For chemical decontamination, the chemical used must be appropriate for the select agent or toxin (Manufacturers normally test surrogates and not select agents and toxins. This would be acceptable.), and the chemical concentration and contact time should be defined in the procedure. The procedure should also address whether chemicals used for decontamination must be freshly prepared or can be stored, and note the shelf life if stored.

  • Is waste containing select agents or toxins decontaminated with commercial products (i.e. phenol, chloroform, phenol/chloroform, or Trizol™ or other similar commercial product waste) allowed to be moved to off-site for disposal by incineration as chemical waste, using an Environmental Protection Agency-registered hazardous waste contractor?

    Yes. The decontaminated waste would be considered excluded from the select agent regulations as outlined in sections 3(d)(3) and 4 (d)(3) of the select agent regulations.