EPA’s Proposed Rule
Subpart K - Standards
Applicable to Academic
Laboratories
EPA regulatory updates for
college campuses
Process for Developing a Proposed
Rule
z Workgroup
develops draft proposed rule
z Proposed rule is concurred by:
□ Several Offices participating on a
workgroup
□ Office of Solid Waste and
Emergency Response (OSWER)
Process for Developing a Proposed
Rule
• Proposed rule is reviewed by:
□ Office of Management and Budget
□ Office of Policy, Economics &
Innovation
• EPA Administrator signs Proposed Rule
Process for Developing a
Proposed Rule (continued)
z Proposed
Rule is published in the
Federal Register (May 2006)
z EPA seeks public comment on Proposed
Rule (90 days)
z EPA extended public comment for
another 30 days, until September 20,
2006
Colleges and Universities that generate
hazardous waste are subject to the
Resource Conservation and Recovery
Act (RCRA) generator regulations in 40
Code of Federal Regulations (CFR)
Part 262.
The Proposed Rule – Standards
Applicable to Academic Laboratories
● New regulations for laboratories at colleges
and universities
□ Subpart K
z Rule will be optional
□ satellite area regulations OR new Subpart K
z Proposed Rule maximizes flexibility while
maintaining equivalent protection
● Laboratory Management Plan (LMP)
An institution’s generator status depends on
the total amount of hazardous waste
generated at the entire site in a calendar
month.
Large quantity generators (LQGs)
Small quantity generators (SQGs) 40 CFR
Part 262.34(d)
Conditionally Exempt Small Quantity
Generators (CESQG) 40 CFR Part 262.44
Large quantity generators (LQGs)
z
z
z
Generate greater than 1,000 kilograms (or
2,200 pounds) of hazardous waste per month
or greater than 1 kilogram (or 2 pounds) of
acute hazardous waste per month.
Hazardous waste generated by LQGs may be
accumulated on site for 90 days or less.
If the waste is stored for longer than 90 days,
the college or university must apply for a
Transport, Storage and Disposal (TSD) facility
permit.
Small quantity generators (SQGs)
z 40
CFR Part 262.34(d)
z Generate between 100 kilograms (200
pounds) to 1,000 kilograms (2,200
pounds) of hazardous waste per month.
z The waste may be stored for 180 days or
less
Conditionally Exempt Small Quantity
Generators (CESQG)
z
z
z
z
40 CFR Part 262.44.
Generate less than 100 kilograms of
hazardous waste per month or less than 1
kilogram of acutely hazardous waste per
month.
Are not subject to all of the regulations in 40
CFR Part 262.
May be subject to Department of
Transportation (DOT) regulations, usually
pertaining to container requirements.
Entities potentially affected by
this proposed rule
z Colleges
or universities
z Only those colleges and universities which
have laboratories on their campuses
z Optional –
Stay with current RCRA generator
regulations OR
Move to Subpart K
Entities not potentially affected
by this proposed rule
● Vocational or technical high schools,
which are not post-secondary.
„ Laboratories at hospitals that are affiliated
with a college or university.
„ Photography laboratories
„ Computer laboratories
„ Automotive maintenance facilities
Issues specific to Colleges and
Universities
z Laboratories
generally have a large
number of points of generation. (e.g., a
specific hood within in a laboratory)
z Laboratories
tend to generate a relatively
small volume of hazardous waste at
each of these points of generation.
Issues specific to Colleges and
Universities
z Colleges
and Universities may have
difficulty making a RCRA hazardous
waste determination when individuals in
the laboratory are students, often
untrained and unqualified to make a
hazardous waste determination.
Challenges to Colleges and
Universities
z Lack
of awareness about hazardous
wastes and the applicable regulations
due to the transient nature of the student
population.
z The
amount of hazardous waste
generated by students.
Challenges to Colleges and
Universities (continued)
z The
number of different waste streams
generated by a single laboratory may be
quite high due to the nature of research
and teaching activities.
z The
number of different personnel in
charge of the laboratories.
Challenges to Colleges and
Universities (continued)
z Variation
in hazardous waste generation
and management procedures at different
laboratories within a college or university
is dependent of the type of activity being
conducted and the size of the laboratory.
z Resource
constraints on hazardous
waste management.
Intent of the Proposed Rule
z The
intent of the proposed rule is to
establish an alternative set of generator
requirements for college and university
laboratories that is better suited to their
specific circumstances, and
z Promote
environmental protection and
public health through safer management
of laboratory hazardous wastes.
New Terminology in 40 CFR Part
262 Subpart K
z Central
Accumulation Area = CAA
z Cautionary Compliance Label
z Laboratory Management Plan = LMP
z Unwanted Material
z Laboratory Worker
z Subpart K
z Working Container
New Definitions 262.200
„
“Central Accumulation Area” or CAA means an
on-site hazardous waste accumulation area (to
be used instead of a satellite accumulation area
(SAA))
„
The Central Accumulation Area must also
comply with 40 CFR 262.11 when accumulating
unwanted materials.
„
“Cautionary Compliance Label” means the label
attached to a container of unwanted material in
a laboratory.
New Definitions 262.200 (cont.)
„
“Laboratory Clean-out” means an
evaluation of the inventory of chemicals
and other materials in a laboratory that are
no longer needed or have expired.
Including the subsequent removal of those
chemicals or other unwanted materials
from the laboratory.
New Definitions 262.200 (cont.)
„
“Laboratory Worker” means a person who
handles chemicals and/or unwanted
materials in a laboratory and may include,
but is not limited to faculty, staff, postdoctoral fellows, graduate students,
interns, researchers, technicians,
supervisors/managers, and principal
investigators.
New Definitions 262.200 (cont.)
„
Point of Generation means the areas where the
waste is originally generated (e.g., the specific
hood within a laboratory.
„
“RCRA-Trained Individual” means a person who
has completed the applicable RCRA training
requirements of 265.16 for large quantity
generators, or 262.34(d)(5)(iii) for small quantity
generators.
New Definitions 262.200 (cont.)
„
“Unwanted Material” means any chemical,
mixtures of chemicals, products of
experiments, or other materials from a
laboratory that are no longer needed,
wanted or usable in the laboratory and
which are destined for hazardous waste
determination by a RCRA-trained
individual.
New Definitions 262.200 (cont.)
„
“Reactive Acutely Hazardous Unwanted
Material” means an unwanted material that
is one of the acutely hazardous
commercial chemical products listed in 40
CFR 261.33(e) for reactivity and toxicity
(i.e. P or U listed materials)
„
“Subpart K” - is the area in 40 CFR 262,
where the regulations created by this
proposed rule will be located.
New Definitions 262.200 (cont.)
„
“Working Containers” are small waste
containers (i.e., two gallons or less),
managed under the control of key staff
and used at a bench or work station.
The working container must be located at
or near the point of generation and will be
emptied into a satellite container at the
end of every work shift.
Example
Of a
Working
Container
If the college or university
chooses to manage their
hazardous wastes according to
the proposed rule.
The college or university must send a notice
to the EPA Regional Administrator or, if
appropriate, the State Director (once an
authorized state has adopted the rule)
informing them of the college’s or
university’s intent to follow the alternative
set of regulations.
Colleges and universities must develop,
implement and retain a Laboratory
Management Plan (LMP)
● Subpart K will require that the LMP
contain certain elements.
● The plan would describe how a college
or university will meet the required
provisions in this proposed rule.
How the college or university chooses
to comply to the specifics of the LMP
will be left to its discretion.
ƒ The LMP must describe the
procedures that will be used by the
laboratory (ies) at the college or
university for implementing the
requirements of the new regulation.
Changes in Requirements for
Colleges and Universities
accepting the Proposed Rule
„
New regulations similar to the current “satellite
accumulation area” regulations, now called the
“central accumulation area.”
„
Provisions for providing flexibility for the point at
which hazardous waste determination is made.
Changes in Requirements for
Colleges and Universities
accepting the Proposed Rule
„
Training of laboratory workers,
„
Labeling
„
Container management standards
Requirements of the Proposed
Rule
z The
hazardous waste determination
must be made within in four (4) calendar
days of arriving at the on-site Central
Accumulation Area (CAA)
z The
point of generation would continue
to be the location and time at which the
hazardous waste is first generated.
Requirements of the Proposed
Rule
z Only
the hazardous waste generated in
laboratories may be managed under
Subpart K.
z Hazardous
wastes generated in other
parts of the college and/or university will
remain subject to the existing hazardous
waste regulations.
Requirements of the Proposed
Rule
All persons working in a laboratory must
determine whether any material they generate
is unwanted and has the potential of being a
RCRA hazardous waste.
ƒ The unwanted material must be placed in
an appropriate container for subsequent
removal.
Requirements of the Proposed
Rule
ƒ The container must be safely managed to
prevent leaks, spills, emissions to the
air, and adverse chemical reactions
while in the laboratory.
ƒ Containers must also be properly labeled
with the appropriate information to make
a hazardous waste determination.
Requirements of the Proposed Rule
ƒ The
date that the initial amount of unwanted
material was placed in the container must be
associated in some manner with the
container.
ƒ
If the volume of unwanted material exceeds
55 gallons or the volume of reactive acutely
hazardous unwanted materials exceeds one
quart, the date on which either volume limit
is exceeded must also be associated with
the container.
Requirements of the Proposed
Rule
ƒ Laboratory workers or students must provide
sufficient information to allow a RCRAtrained individual to properly make a RCRA
hazardous waste determination at a later
time.
ƒ A college or university must determine a
schedule for removal of unwanted materials
from its laboratories and specify the
schedule in its LMP.
Requirements of the Proposed
Rule
ƒ If a laboratory accumulates more than 55
gallons of unwanted materials,
or one quart of reactive acutely hazardous
unwanted material, prior to a regularly
scheduled removal,
then all of the unwanted materials, must be
removed from the laboratory
within 10 calendar days of exceeding those
specified amounts.
Requirements of the Proposed
Rule
ƒ If the hazardous waste determination is not
made in the laboratory, then the unwanted
material must be taken directly to an onsite CAA or on-site TSDF.
ƒ Once an unwanted material is determined
to be RCRA hazardous waste it is subject
to full RCRA regulation.
Requirements of the Proposed
Rule - Training
ƒ LQG regulations under 40 CFR 265.16 set a
minimum of requirements (much of
which pertain to emergency response)
♦
Subpart K requires that a RCRA-trained
individual accompany on-site transport of
unwanted materials and hazardous wastes and
only RCRA-trained individuals may make the
hazardous waste determination.
Requirements of the Proposed
Rule - Training
♦ Laboratory workers and graduate students would
receive training, while students are required to
receive instruction in appropriate areas.
♦ Colleges and universities would tailor the
training / instruction to the individuals’ functions
and would determine training and instruction
methods that best fit the college or university’s
environment.
Requirements of the Proposed Rule:
Hazardous Waste Determination
1)
in the laboratory before the unwanted
materials are removed from the laboratory,
2) within 4 calendar days of arriving at an on-site
CAA, or
3) within 4 calendar days of arriving at an on-site
TSDF.
Requirements of the Proposed Rule:
Transferring Hazardous Waste from the
Laboratory
♦ When unwanted materials are
removed from a laboratory, they must
be brought directly from the
laboratory (ies) to an on-site CAA or
an on-site TSDF.
Requirements of the Proposed Rule:
Making the Hazardous Waste Determination
In the Laboratory
♦ The hazardous waste determination may be
made in the laboratory at any time, but must
be made before the unwanted materials are
removed from the laboratory.
♦
The appropriate hazardous waste code (s) and the
words “hazardous waste” must be placed on the
container label that is affixed to the container while
in the laboratory.
Requirements of the Proposed Rule:
Making the Hazardous Waste Determination
At an On-site Central Accumulation Area
♦ From the time the unwanted
material arrives in the CAA, it will be
subject to the full satellite
accumulation area (SAA)
regulations of 262.34(a) or
262.34(d).
Requirements of the Proposed Rule:
Making the Hazardous Waste Determination
At an On-site Central Accumulation Area
♦ The four calendar days allowed for
making the hazardous waste
determination will be part of the 90
or 180 days of maximum
accumulation time, not in addition
to it.
Requirements of the Proposed Rule:
Making the Hazardous Waste Determination
At an On-site Central Accumulation Area
♦ Containers in the central accumulation area will not be
required to be labeled with the words “hazardous
waste,” until after a hazardous waste determination
has been made.
♦ When it is determined that an unwanted material is a
hazardous waste, the appropriate hazardous waste
code(s) and the words “hazardous waste” must be
added to the label that is affixed to the container.
Requirements of the Proposed Rule:
Making the Hazardous Waste Determination
At an On-site TSDF
♦ Colleges and universities that choose to make
the hazardous waste determination at their onsite TSDF must bring their unwanted materials
directly from the laboratory (ies) to the on-site
TSDF and must make the hazardous waste
determination within four calendar days of
arriving at the on-site TSDF.
Requirements of the Proposed Rule:
Making the Hazardous Waste Determination
At an On-site TSDF
♦ To calculate when the four calendar
days have elapsed, EPA will rely on
the requirement for dating containers upon
arrival at a TSDF that already exists in the
storage prohibition regulations of Part 268.
Requirements of the Proposed Rule:
Laboratory Clean-Outs
♦ This proposal does not require periodic laboratory
clean-outs, however, EPA strongly encourages
that such clean-outs be conducted in laboratories
at colleges and universities.
♦ Once it has been determined that a chemical is,
indeed, an unwanted material, as opposed to a
chemical or other material that can be kept in the
laboratory for further use, then the unwanted material
becomes subject to Subpart K.
Requirements of the Proposed Rule:
Laboratory Clean-Outs
♦ If, at the conclusion of a laboratory clean-out,
the total volume of unwanted materials in the
laboratory does not exceed 55 gallons and
the total volume of reactive acutely
hazardous unwanted materials does not
exceed one quart,
the unwanted materials may remain in
the laboratory until the next regularly
scheduled removal of unwanted material.
Requirements of the Proposed Rule:
Laboratory Clean-Outs
♦ If the volume of unwanted materials
generated during a laboratory clean-out
exceeds 55 gallons,
all unwanted materials must be removed from
the laboratory,
regardless of whether it was generated during
the clean-out or during routine laboratory
activities.
Requirements of the Proposed Rule:
Laboratory Clean-Outs
♦ EPA is proposing that at each 12-month period, a
laboratory may have 30 calendar days to conduct a
laboratory clean-out with the hazardous waste
generated during that laboratory clean-out excluded
from the college or university’s monthly waste
quantity determination.
♦ However, EPA feels that it must limit the frequency
with which colleges and universities can take
advantage of the incentives for laboratory clean-outs
to once per 12-month period per laboratory.
Requirements of the Proposed Rule:
Laboratory Clean-Outs
♦ A participating college or university that conducts a
laboratory clean-out must keep records that identify
the laboratory that has been cleaned out, the date
the clean-out began and was completed, and the
volume of hazardous waste generated during the
laboratory clean-out.
♦ All records pertaining to laboratory clean-outs must
be maintained for as long as the college or
university operates under this proposed regulation.
Requirements of the Proposed Rule:
Laboratory Clean-Outs
♦ Unwanted materials generated prior to a laboratory
clean-out that are still in the laboratory at the time a
laboratory clean-out begins must be counted toward
the college or university’s generator status.
♦ A college or university may also want to implement
a system for distinguishing between hazardous
wastes that are counted and hazardous wastes that
are not counted toward generator status.
Requirements of the Proposed Rule:
Laboratory Management Plan
The LMP must describe how the college or
university proposes to meet the standards for:
• regularly scheduled removal of unwanted
materials from the laboratory,
• container management,
• labeling requirements,
• the requirements for instructing students and
training laboratory workers,
Requirements of the Proposed Rule:
Laboratory Management Plan
• the requirements to ensure safe transportation of
unwanted material or hazardous waste from the
laboratory to an on-site CAA, on-site TSDF or an offsite TSDF,
• emergency preparedness and response procedures.
• If a laboratory conducts clean-outs, the college or
university must also describe its laboratory clean-out
procedures.
Requirements of the Proposed Rule:
Laboratory Management Plan
The LMP could form the basis for, or be
incorporated as part of, a larger effort to
“green” a campus. EPA envisions that the
LMP will present an opportunity for
colleges or universities to address all
aspects of their waste management
programs in a holistic manner.
Requirements of the Proposed Rule:
Record keeping
This proposal requires that every college and
university choosing to comply with this
alternative set of regulations maintain the
following records.
(1) notification(s) to the appropriate EPA
Regional Administrator (or State Director, in
authorized states) of its participation in or
subsequent withdrawal from Subpart K;
Requirements of the Proposed Rule:
Record keeping
z
the college or university maintain a copy of its
notification to participate in Subpart K on file
for the duration the college or university
remains subject to Subpart K.
z
the college or university must maintain a copy
of its notification to withdrawal from this
proposal, as finalized, on file for three (3)
years.
Requirements of the Proposed Rule:
Record keeping
(2) a Laboratory Management Plan (LMP)
(an existing plan may be modified to
address the specific requirements of this
alternative regulation as finalized);
Requirements of the Proposed Rule:
Record keeping
z
the most recent copy of the college or
university’s LMP be retained on file at the
college or university for the duration that it is
regulated under 40 CFR 262 Subpart K.
ƒ the LMP must be dated and accessible by
anyone involved in the management of
unwanted materials, including students in
the laboratory.
Requirements of the Proposed Rule:
(3) training records for RCRA-trained
individuals and laboratory workers as
defined in 40 CFR 262.200 of this
Subpart, which refers to 265.16(e);
Requirements of the Proposed Rule:
Record keeping
(4) documentation of laboratory clean-out activities
identifying the laboratory being cleaned out;
ƒ
ƒ
ƒ
ƒ
the particular laboratory that is being cleaned out,
the date the activity began and
the date the clean-out was complete,
the volume of hazardous waste generated during
the clean-out.
Requirements of the Proposed Rule:
Record keeping
● The clean-out records must be easily
accessible to inspectors and other
relevant college and university
personnel.
Requirements of the Proposed Rule:
Record keeping
z
This proposal would require the following
labels for containers for college and university
laboratories choosing to be regulated under
Subpart K:
ƒ a precautionary label that must be affixed
or physically accompany the container
and
Requirements of the Proposed Rule:
Record keeping
ƒ a second label that may either be affixed or
somehow associated with the container that
contains the date unwanted materials
began accumulating in the laboratory and
sufficient information for a RCRA-trained individual
to make the hazardous waste determination.
EPA actively encourages colleges and
universities to consider the implementation
of an Environmental Management System
(EMS), a system of management practices
and related documentation, procedures, and
work practices that are put in place to
manage an institution’s overall
environmental impacts.
More information on EMS’s at colleges and
universities can be found at:
http://www.epa.gov/ne/assistance/un
iv/emsguide.html
and
http://www.campusEMS.org
EPA’s College and University
Sector Strategy Program
EPA is working with the college and university
sector to incorporate sound sustainable
practices to improve environmental safety
practices, provide a baseline for measuring
change, identify priorities for continual
improvement and minimize overall
environmental impacts.
http://www.epa.gov/sectors/colleges/index.ht
ml
Labs Achieving Better Stewardship
(LABS) Central website
A web-based clearing house of information of interest to
laboratories at colleges and universities dedicated to the
pursuit of environmental performance.
„
Information about innovative approaches to waste
management and resource conservation, including
♦ regulatory compliance,
♦ environmental performance,
♦ advanced waste management techniques, and
♦ waste reduction.
http://www.labscentral.info/