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ACS LabWAM Comments on California Dept of Toxic Substances Control's
Response to the LRRTF Report.

Contents

Introduction
General Comments
Rec. 14: Performance-Based Standards
Rec. 3: Lab Treatment
Rec. 8: Definition of "Onsite Facility"
Rec. 9: Closed ContainersConclusion

Introduction

Please consider the following comments on the California Department of Toxic Substances Control's (DTSC) July 1996 response to the recommendations of the Laboratory Regulatory Reform Task Force. These comments have been prepared by the American Chemical Society's (ACS) Task Force on Laboratory Waste Management (LabWAM), which is a recognized authority on laboratory chemical waste management and compliance. Disclaimer: Because LabWAM just recently decided to comment on the DTSC response, this letter has not been reviewed by the ACS Board. As a result, this comment letter is not fully based on ACS policy. These are the views of the LabWAM task force, but not necessary the views of the ACS.

General Comments

We commend DTSC for your willingness to work with the laboratory community to improve the regulation of California laboratories. DTSC's support for reform will result in a more efficient and effective system of managing laboratory waste, while protecting health and the environment.

We support DTSC's reliance on Prudent Practices in the Laboratory. Like its earlier edition, this National Research Council report is widely accepted as a standard of safe laboratory operations that are protective of the environment.

Recommendation 14: Development of Performance-Based Standards

We strongly support the development of performance-based standards for laboratory waste management. Performance-based standards have proven to be very efficient in allocating compliance resources to maximize the benefit to the environment. As noted in Prudent Practices (page 9), performance-based standards appear to suit laboratories especially well because of the variety and variability of laboratory activities. When drafting performance-based standards for laboratory waste management we suggest that the DTSC:

• Utilize and acknowledge existing standards for hazardous materials management
• Integrate hazardous materials and waste management into one standard
• By doing so, prevent duplication and promote consistency with existing Federal standards

We are encouraged by your interest to work with the laboratory community to develop performance-based standards. ACS' LabWAM would appreciate an opportunity to participate as well.

Recommendation 3: Laboratory Treatment of Chemical Waste

ACS strongly supports reduced permitting requirements for the treatment of chemicals in laboratories. We are very happy that DTSC has accepted deregulation of bench top treatment under certain conditions. Please consider the following comments on the proposed conditions for bench top treatment:

For DTSC's replacement condition (c) of Recommendation 3, we suggest substituting "consistent with" for "in accordance with" to retain flexibility and allow for a scientist's judgment. DTSC should also accept treatment methods published in authoritative references other than Prudent Practices, and unpublished methods that are safe and based on sound scientific principles. Chemistry is a science of discovery, so DTSC should not arbitrarily fix a set of bench top treatment methodologies. These alternative procedures may suggest quantities different than those given in prudent practices.

We agree that all treatment should be controlled and safe. However, bench top treatment condition (d) should not preclude a procedure that utilizes two or more different wastes that may be incompatible, such as neutralizing waste acid with waste base. We suggest the wording:

d.The hazardous waste treated is from one experiment, or a set of experimental processes generating similar wastes with no mixing of incompatible wastes prior to treatment. [additions underlined]

Condition (f) should allow treatment by a technically qualified individual other than the operator. In some cases, treatment is most safe when it is conducted by the person in the institution or firm who has the most experience in handling the waste or conducting the procedure.

We agree that wastes should be dealt with expeditiously, but a ten day time limit for bench top treatment is inflexible and restrictive considering that there is no time limit for satellite accumulation. We suggest that condition (g) should be changed to allow bench top treatment "...within ten working days of accumulating the batch quantity specified by the treatment procedure." Better still, time limits should be addressed in a performance-based standard; each laboratory plan should specify a limit that ensures protection of health and the environment.

Recommendation 8: Definition of "Onsite Facility"

DTSC should adopt EPA's proposed redefinition of "On-Site" as published in the 8 November 1995 Federal Register (60 FR 56468). EPA's proposal is reasonable and would solve many of the problem faced by California laboratories.

Recommendation 9: Closed Containers

We endorse the DTSC response regarding Recommendation 9, but feel the definition of "closed" would be more reasonable if it also included criteria (a) and (c) of the Task Force Recommendations.

Conclusion

We are encouraged that DTSC is willing to listen to laboratories to improve regulation. California is demonstrating environmental leadership by recognizing the unique character of laboratories and the way they generate hazardous waste. Your effort will minimize environmental impacts, raise the level of compliance and allocate resources for environmental protection more productively.