Medical Waste Tracking Act of 1988

(Measure passed Senate, amended)

Medical Waste Tracking Act of 1988 -Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a two-year demonstration program to track listed medical wastes, and segregate, contain, and label such wastes to protect waste handlers and the public. Requires that recordkeeping and reporting requirements be established for on-site incinerators of medical waste in participating States. Includes New York, New Jersey, Connecticut, and the States contiguous to the Great Lakes in such program, though other States are allowed to petition for inclusion in the program and States which are not contiguous to the Atlantic Ocean or are operating a tracking program at least as stringent as this Act's program may opt out of such program.

Requires those involved in the generation, handling, or disposal of medical waste in participating States to permit access to, and provide copies of, all records relating to such wastes to any designated representative of the EPA. Authorizes such representatives to conduct or request monitoring or testing and inspect and obtian samples of waste, or waste containers or labeling.

Sets forth civil and criminal penalties for violations of program requirements.

Requires that each department, agency, and instrumentality of the Federal Government in a participating State be subject to, and comply with, all substantive and procedural Federal, State, interstate, and local requirements respecting control and abatement of medical waste disposal and management in the same manner, and to the same extent, as any person is subject to such requirements. Authorizes the President to make exceptions to such requirement.

Authorizes State inspections and enforcement actions against violators of this Act's requirements. Prohibits this Act from affecting any State or local law, though State or local tracking forms must be identical in content and form to the demonstration program tracking form.

Directs the Administrator to report to the Congress, within three months of the expiration of the demonstration program, on a broad range of medical waste topics, including the success of such program in tracking medical waste.

Directs the Administrator of the agency for Toxic Substances and Disease Registry to report to the Congress within two years of this Act's enactment on the health effects of medical waste.

Authorizes appropriations for FY 1989 through 1991 for carrying out this Act's program.

Excludes hazardous or household wastes identified or listed under the Solid Waste Disposal Act from the definition of "medical waste."

Empowers any law enforcement officer of the EPA to: (1) carry firearms; (2) execute and serve any warrant or other process issued under Federal authority; or (3) make arrests without warrant for any Federal offense committed in such officer's presence or any Federal felony that such officer has probable cause to believe the person arrested has committed or is committing.