Project XL Final Rule 2001 Progress 2002 Progress	Final Project Agreement Final Agreement XL Stakeholders Leighton Letter Regulatory Relief XL Rule	Legal Aspects RCRA and Labs LSEM RCRA interp Minimizing Costs Current Reg Arena UConn RCRA Workshop Yale RCRA Inspection	UVM XL Info Development of a Laboratory EMP Glassware Waste Project Waste Min Project Contacts and Info	RCRA LabWAM Priorities and Accomplishments Background Information Fixing RCRA (Powerpoint) Chemical Safety Levels Kids in Labs (Powerpoint) California Colorado Enforcement Region 1 Region 2 Region 3
The R&D NESHAP Development Process Clean Air Act
Pilot Schools' Draft EMP's EPA Midterm Report	Boston College BC Plan BC Standards	UMASS Boston EMP Environmental Management Standard	University of Vermont EMP Lab Workers' FAQ's The Rule, UVM docs
Baseline Report	Informatics	Green Bridge	Websites	LabXL Home

Department Of Toxic Substances Control's Response To "Recommendations Of The Laboratory Regulatory Reform Task Force" Response To Issues 9-14.

9. Closed Containers

Issue: What constitutes a closed container of hazardous waste (DTSC Management Memo #EO-93-020-MM)?

Task Force Interpretation of the Existing DTSC Regulations: All closing devices must be secured in such a way as to prevent any liquid or vapor from escaping the container. No vapor should be detected by smell, sight, or any monitoring equipment possessed by the inspector.

DTSC Response to the Task Force Interpretation: DTSC agrees with the Reform Task Force's interpretation of a closed container.

Task Force Recommendation: Containers would be considered "closed" if:

1. the container were tipped on its side and no visible leakage occurred;
2. the container were otherwise covered and restrained from tipping (e.g., secured to the wall); or
3. the container has a closure device which is in the closed position.

   DTSC Response to Task Force Recommendation: DTSC has reviewed the Reform Task Force's addendum on this issue as well as information contained in Prudent Practices (pp.145) and has developed the following response in regards to allowing containers to be partially open.

   Waste containers must be kept closed except when their contents are being transferred or when temporary venting of the containers is necessary to prevent the buildup of pressure within the containers.

   10. Training and Record Keeping

   Issue: Is hazardous waste training required for laboratory personnel?

   Task Force Interpretation of the Existing DTSC regulations: Annual training is required for all personnel handling hazardous waste, making hazardous waste determinations, or participating in any emergency response unless they only generate hazardous waste at the satellite accumulation area.

   DTSC Response to Task Force Interpretation: DTSC concurs with the Reform Task Force interpretation.

   Task Force Recommendation: Hazardous waste training should be required for personnel involved in hazardous waste management, and not necessarily all laboratory personnel.

   DTSC Response to Task Force Recommendation: Prudent Practices states: "The committee recommends that any laboratory using hazardous chemicals should provide appropriate training in safety and waste management for all laboratory workers, including students in laboratory classes". DTSC agrees that for safety reasons, some level of training is needed for all personnel handling hazardous waste. The scope of training would depend on the extent of the person's duties and at a minimum, would ensure that personnel are able to respond effectively to emergencies and enable them to conduct those duties in compliance with the applicable regulatory requirements. This training would have to be offered annually. In light of this perspective, DTSC is suggesting the following table (Enclosure C) outlining the type of training that would be necessary for the three most common laboratory position types. We believe this table is generally consistent with Prudent Practices.

   11. Use of Accredited Laboratories for Analysis

   Issue: Analysis by an accredited lab is the only means DTSC accepts for the determination and identification of an unknown chemical material.

   Task Force Interpretation of the Existing DTSC Regulations:

   Hazardous waste determination of an unknown chemical should be made by an accredited lab.

   DTSC Response to Task Force Interpretation: Concurs with the Reform Task Force interpretation.

   Task Force Recommendation: "Unknowns" intended for disposal in lab packs can be identified by approved analysis onsite, if the following information is provided:

   1. qualifications of the analyst(s), including the number of years of experience;
   2. the specific National Institute for Occupational Safety & Health (NIOSH) or U.S. EPA procedure used or by writing out the procedure in sufficient detail to allow duplication by another qualified analyst;
   3. results which are signed and dated by analyst;
   4. results which are signed and dated by supervisor;and
   5. a record of analyses maintained in the environmental division/department and copies of analyses accompany the waste shipment.

      DTSC Response to the Task Force Recommendation: DTSC concurs with the Reform Task Force approach with the addition of a new item: "6) laboratory must keep records for three years". DTSC notes the Reform Task Force approach is similar to the procedure described in Prudent Practices (pp.141-143). Testing in a certified laboratory would not be required if the testing is done prior to disposal of waste in lab packs and the testing is done to gather information on composition or to test for ignitability, reactivity, or corrosivity.

      However, the presumptive listing of laboratory waste as hazardous is based on the understanding that this waste is typically toxic. Rebuttal of the toxicity assumption must be done by a certified laboratory.

      12. Regulatory Interpretations and Distribution

      Issue: Interpretations of statutes and regulations relative to laboratories are often contradictory and are not widely disseminated. Considerable inconsistency in enforcement actions and compliance exists.

      Task Force Interpretation of the Existing DTSC Regulations: Not applicable.

      DTSC Response to Task Force Interpretation: Not applicable.

      Task Force Recommendation: Develop a mechanism for uniform distribution and dissemination of DTSC information and for consistent enforcement statewide by state and local agencies.

      DTSC Response to Task Force Recommendation: As a public agency DTSC promotes participation from the public and the regulated community. As stated below, DTSC has established various means of communication with the general public and the regulated community to ensure the widest possible distribution of relevant information.

      DTSC makes use of electronic media, such as the Cal/EPA ACCESS bulletin board at (916) 322-5401 and Cal/EPA Internet worldwide web (http://www.calepa.cahwnet.gov) to share information in addition to the usual hard copies of documents and personal contact. DTSC has also committed to providing interim policy documents for public comment. The documents will be made available for public comment by placing them on the Cal/EPA ACCESS bulletin board, Cal/EPA Internet worldwide web, as well as distribution upon request in hard copy. Comments will be issued after reviewing all comments received. Subsequently, all or part of these policy documents would go through the regulation development process.

      Concurrently, DTSC is working to improve statewide enforcement consistency by providing information and training to other State and local agencies and its own staff on the interpretation and application of statutes and regulations.

      13. Certain Medical Wastes Classified as Hazardous Waste

      Issue: Medical wastes with insignificant amounts of chemical additives must be managed as regulated hazardous wastes.

      Task Force Interpretation of the Existing DTSC Regulations: Medical wastes containing small amounts of additives must be regulated as hazardous waste.

      DTSC Response to Task Force Interpretation: DTSC concurs with the Reform Task Force interpretation.

      Task Force Recommendation: Medical wastes that contain an additive for the purpose of aiding evaluation or diagnosis should be managed as medical waste in accordance with the applicable provisions of the Medical Waste Management Act (MWMA), and should be disposed of in accordance with Health and Safety Code, section 25090(a).

      DTSC Response to Task Force Recommendations: DTSC concurs with the Reform Task Force in that certain medical wastes with minimal hazardous chemicals added for diagnostic purposes could be managed as medical wastes and not as hazardous wastes. DTSC has expanded the RSU scoping paper "Laboratory Specimens" (RSU Task #C.9) to include this issue.

      The current concept paper for this task contains the following recommendations:

      1. Exclude certain lab specimens with minimal chemical hazards from hazardous waste regulation, such as fecal specimens fixed with copper or zinc, and blood disinfected with bleach.
      2. Adopt a regulation clarifying that lab specimens which are excluded from hazardous waste regulation by statute or regulation are only excluded if all excess chemical additive is separated from the specimen and managed separately as hazardous waste.
      3. Adopt a provision that certain lab specimens with low chemical hazards can be discharged to POTWs in compliance with POTW requirements and medical waste standards.
      4. For fecal specimens preserved with mercuric chloride (fecal/mercury waste), petition U.S. EPA to amend the existing federal treatment standard and land ban for organomercury waste, to allow bench top disinfection and stabilization of the waste by the laboratory, and disposal at hazardous waste landfills which are authorized to accept it.
      5. For fecal/mercury waste from labs which are conditionally exempt small quantity generators notwithstanding a federal amendment as proposed in
      6. above, adopt a provision in State regulations to allow disposal at hazardous waste landfills, after lab bench top disinfection and stabilization.

         This concept paper and its recommendations will be published on the Internet for public comment before the end of June 1996 and discussed at the RSU External Advisory Committee Meeting on July 26, 1996. After receipt and consideration of all comments, DTSC will develop a final recommendation.

         14. Recommendations for Future Study (VII. from Reform Task Force Report)

         Task Force Recommendations: The Reform Task Force recommends development of performance-based standards like the OSHA laboratory standard, or the proposed International Standards Organization (ISO) 14000 laboratory environmental quality management system.

         DTSC Response to the Task Force Recommendations: DTSC agrees with the idea of developing an alternative way of regulating laboratories and is proposing to work with the laboratory community to develop such a pilot project.