Campus Consortium for Environmental Excellence

Appendix 3

Project XL
Final Rule

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
Development of a Laboratory EMP
Glassware Waste Project
Waste Min Project
Contacts and Info
LabWAM Priorities and Accomplishments
Background Information

Fixing RCRA (Powerpoint)
Chemical Safety Levels
Kids in Labs (Powerpoint)

Region 1
Region 2

Region 3
The R&D NESHAP Development Process
Clean Air Act
Pilot Schools' Draft EMP's
Boston College
BC Plan
BC Standards
UMASS Boston
Environmental Management Standard
University of Vermont
Lab Workers' FAQ's
The Rule, UVM docs
Baseline Report
Informatics Green Bridge Websites LabXL Home


The following specific regulatory relief for laboratories is sought as a result of the temporary conditional deferral of waste determination as described in the text of the FPA.

The following fundamental regulatory relief is proposed:

Regulatory Relief Requested Federal Citation State Citation Operative Effect of Relief Requested
Add the following new paragraph (j) to 262.10:

(j) Universities that are participating in the Laboratory XL project are theUniversity of Massachusetts Boston in Boston, Massachusetts, Boston College in Boston, Massaschusetts, an dthe University of Vermont in Burlington, VT ("Universities"). The Universities generate laboratory wastes (as defined in 40 CFR 262.102) some of which may be hazardous wastes. As long as the Universities comply with all the requirements of 40 CFR part 262 subpart J, the Universities' laboratories which are participating in the Universties Laboratories XL Project are not subject to the provisions of 40 CFR 262.11, 262.34(c), 40 CFR Part 264, 40 CFR part 265 or the permit requirements of 40 CFR part 270 with respect to laboratory wastes.

40 CFR 262.10 "Purpose, Applicability and Scope" VT "Purpose, Scope and Applicability" in 7-301. (A comparable addition to the general language in 7-301 would be required in the form of a rulemaking or a consent order or agreement)

MA "Purpose, Scope and Applicability" in 30.301 (The State will address the applicability of 30.301 through an appropriate legal mechanism).

Allows the Universities to manage hazardous waste under the well defined scheme outlined in Subpart J as an alternative to managing the wastes under satellite storage requirements of 262.34(c).

Management of laboratory wastes would be effectively managed and adequately regulated in accordance with the institutional EMP and be subject to specific minimum performance standards for the handling and management of laboratory wastes.

Hazardous Waste Determination 262.11 Hazardous Waste Determination VT "Hazardous Waste Determination" listed in 7-202, 7-303, and 7-305(b)

MA "When a Waste Becomes a Hazardous Waste" 30.302

Explicitly identifies the point where Universities will be responsible for making hazardous waste determination. Once laboratory wastes are received at the hazardous waste accumulation area, University staff would determine, in accordance with 262.11,, whether any solid waste is hazardous waste. This approach would be conditioned on the laboratory waste being managed in conformance with the EMP and minimum performance criteria up until the point it is received as at the hazardous waste accumulation area (or at the laboratory if sent to a TSD).
Satellite Accumulation 262.34 (c)(1) VT 7-310

MA30.340(4)(c)(1-2) and SQG at 30.351(4)

Same or lower quantity thresholds maintained. Laboratory wastes are adequately regulated managed in accordance with the enforceable minimum performance criteria in the XL project.
Satellite Accumulation 262,34 (c)(2) VT 70310(a)(7)

MA 30.340(4)(c)(2) and SQG at 30.351(4)(d)

Minimum performance criteria that laboratories have 30 dats, once threshold is reached, to remove laboratory wastes to hazardous waste accumulation areas or TSD.
Satellite Accumulation VT 7-310(c)

MA 30.340(4)(c) and SQG at 30.351(4)(c)

Each institution's EMP defines the procedure(s) for management of containers of laboratory waste, but tere is a 55 gallon limit per laboratory and a 110 gallon limitation on the total amount of waste
Closed Container 265.173(a) as referenced by 262.34(c)(1)(i) VT 7-310(a)(4)

MA30.685(1) referenced from 30.340

Containers must be closed except when adding and removing waste and minimum performance criteria additionally define in line waste collection containers for laboratory scale experimentation as adding waste.