From Patch to Pouch: Navigating the Evolving Landscape of Nicotine Waste Regulations

SmarterX
October 30, 2024

We’ve all seen the rise of disposable vapes and nicotine pouches, offering convenient options for users but creating a new dilemma for waste management. Just browse a Reddit thread, and you’ll find users asking what to do with stacks of “ran-thru disposables” piling up at home. Electronics like lithium-ion batteries, paired with toxic nicotine, require careful disposal to avoid environmental hazards like explosions in landfills or wasted precious metals.

Yet, these products are often simply tossed in the trash. So, where do they actually belong? With recent changes in nicotine waste regulations, some states are sticking to older rules while others have adopted new federal standards. Here’s a breakdown of the current landscape for nicotine waste classification and why certain products need special handling.

Nicotine on the RCRA P-List: Why It’s Considered Hazardous Waste

Nicotine has long been classified as hazardous under the Resource Conservation and Recovery Act (RCRA) due to its toxicity. This designation, called P075, applies when nicotine is the “sole active ingredient” or in a “commercially pure” form, classifying it as acutely hazardous. This means that products containing pure nicotine, like many vapes or certain gums, need careful disposal.

The 2019 EPA Delisting of Nicotine Replacement Therapies

In 2019, the EPA made a substantial regulatory update, delisting FDA-approved nicotine replacement therapies (NRTs), such as gums, patches, and lozenges, from the P075 hazardous classification. With this change, NRT products were classified as non-hazardous waste, so consumers and businesses can generally dispose of them in regular trash—unless other state-specific regulations apply.

However, the disposal of nicotine products not classified as cessation tools, like recreational vapes and nicotine pouches, is still regulated as hazardous under federal guidelines. Many retailers, responsible for managing these returns, face an additional challenge with disposable vapes. Retailers report issues with collecting discarded vapes left in parking lots and around stores, often with no identifying product information. This complicates their ability to handle these vapes responsibly and highlights a critical gap in how nicotine and electronics regulations intersect. This lack of clarity at the retail level has prompted industry calls for clearer guidelines that address both product and battery recycling responsibilities for retailers handling electronic nicotine products.

State-by-State Differences: Which States Follow Federal Rules?

While most states have adopted the EPA’s 2019 update, eleven states—including Arkansas, Connecticut, Kansas, Louisiana, Maine, Michigan, Missouri, Nebraska, Nevada, New Mexico, and Rhode Island—still enforce the older classification. In these states, even FDA-approved NRTs must still be treated as hazardous waste. This divergence means that, in some regions, NRT products like nicotine gum and patches remain classified as P075 hazardous waste, requiring more careful disposal than in states that have adopted federal changes.

Disposal Tips for Nicotine Products Like Disposable Vapes and Pouches

With the rise in disposable vapes and nicotine pouches, here are a few tips to help both individuals and retailers handle their disposal safely and efficiently:

Why Responsible Disposal Matters

The way we manage nicotine waste has real impacts, particularly at the retail level, where large volumes of consumer returns can increase risks of improper disposal. This is especially true for disposable vapes, which contain both hazardous nicotine residues and electronic components. Retailers and waste management professionals must navigate these complexities to stay compliant with evolving regulations and help minimize environmental impact.

By adopting proactive disposal measures and staying updated on state and federal regulations, we can help ensure safe and sustainable disposal practices for nicotine products—whether it’s managing returns at retail or handling individual disposal at home. As more disposable products enter the market, responsible waste management is key to keeping our communities and environment safer.