|
 |
 |
 |
|
|
|
|
|
|
|
For the reasons set forth in the preamble, part 262 of title 40, chapter I of the Code of Federal Regulations is amended as follows:
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
1. The authority citation for part 262 continues to read as follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
Subpart A--General
2. Section 262.10 is amended by adding paragraph (j) to read as follows:
Sec. 262.10 Purpose, scope, and applicability.
* * * * *
(j) (1) Universities that are participating in the Laboratory XL project are the University of Massachusetts Boston in Boston, Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the University of Vermont in Burlington, Vermont ("Universities'').
The Universities generate laboratory wastes (as defined in Sec. 262.102), some of which will be hazardous wastes. As long as the Universities comply with all the requirements of subpart J of this part the Universities' laboratories that are participating in the University Laboratories XL Project as identified in Table 1 of this section, are not subject to the provisions of Secs. 262.11, 262.34(c), 40 CFR Parts 264 and 265, and the permit requirements of 40 CFR Part 270 with respect to said laboratory wastes.
| Table 1.--Laboratory XL Project Participant Information | |||
|---|---|---|---|
| Institution | Approximate number of labs | Departments participating | Location of current hazardous waste accumulation areas |
| Boston College, Chestnut Hill, MA | 120 | Chemistry, Biology, Geology, Physics, Psychology |
Merkert Chemistry Building, 2609 Beacon St., Boston, MA, Higgins Building, |
| University of Massachusetts Boston, Boston, MA. |
140 | Chemistry, Biology, Psychology, Anthropology, Geology and Earth Sciences, and Environmental, Coastal and Ocean Sciences. |
Science Building (Bldg. #080); McCormack Building (Bldg. #020); and Wheatley Building (Bldg. #010), 100 Morrissey Blvd., |
| University of Vermont, Burlington, VT. | 400 |
Colleges of: Agriculture and Life Sciences, Arts and Sciences, Medicine, and Engineering and Mathematics; and
Schools of: Nursing, Allied Heath Sciences, and Natural Resources. |
Given Bunker, 89 Beaumont Ave., Burlington, VT. |
(2) Each University shall have the right to change its respective departments or the on-site location of its hazardous waste accumulation areas listed in Table 1 of this section upon written notice to the Regional Administrator for EPA-Region I and the appropriate state agency. Such written notice will be provided at least ten days prior to the effective date of any such changes.
3. Part 262 is amended by adding Subpart J to read as follows:
Subpart J--University Laboratories XL Project--Laboratory Environmental Management Standard
Sec. 262.100 To what organizations does this subpart apply?
262.101 What is in this subpart?
262.102 What special definitions are included in this subpart?
262.103 What is the scope of the laboratory environmental management standard?
262.104 What are the minimum performance criteria?
262.105 What must be included in the laboratory environmental management plan?
262.106 When must a hazardous waste determination be made?
262.108 When will this subpart expire?
Sec. 262.100 To what organizations does this subpart apply?
This subpart applies to an organization that meets all three of the following conditions:
(a) It is one of the three following academic institutions: The University of Massachusetts Boston in Boston, Massachusetts, Boston College in Chestnut Hill, Massachusetts, or the University of Vermont in Burlington, Vermont ("Universities''); and
(b) It is a laboratory at one of the Universities (identified pursuant to Sec. 262.105(c)(2)(ii)) where laboratory scale activities, as defined in Sec. 262.102, result in laboratory waste; and
(c) It complies with all the requirements of this subpart.
Sec. 262.101 What is in this subpart?
This subpart provides a framework for a new management system for wastes that are generated in University laboratories. This framework is called the Laboratory Environmental Management Standard. The standard includes some specific definitions that apply to the University laboratories. It contains specific requirements for how to handle laboratory waste that are called Minimum Performance Criteria. The standard identifies the requirements for developing and implementing an environmental management plan. It outlines the responsibilities of the management staff of each participating university. Finally, the standard identifies requirements for training people who will work in the laboratories or manage laboratory waste. This Subpart contains requirements for RCRA solid and hazardous waste determination, and circumstances for termination and expiration of this pilot.
Sec. 262.102 What special definitions are included in this subpart?
For purposes of this subpart, the following definitions apply:
Acutely Hazardous Laboratory Waste means a laboratory waste, defined in the Environmental Management Plan as posing significant potential hazards to human health or the environment and which must include RCRA "P'' wastes, and may include particularly hazardous substances as designated in a University's Chemical Hygiene Plan under OSHA, or Extremely Hazardous Substances under the Emergency Planning and Community Right to Know Act.
Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers or failure of control equipment which results in the potential uncontrolled release of a hazardous chemical into the environment and which requires agency or fire department notification and/or reporting.
Environmental Management Plan (EMP) means a written program developed and implemented by the university which sets forth standards and procedures, responsibilities, pollution control equipment, performance criteria, resources and work practices that both protect human health and the environment from the hazards presented by laboratory wastes within a laboratory and between a laboratory and the hazardous waste accumulation area, and satisfies the plan requirements defined elsewhere in this Subpart. Certain requirements of this plan are satisfied through the use of the Chemical Hygiene Plan (see, 29 CFR 1910.1450), or equivalent, and other relevant plans, including a waste minimization plan. The elements of the Environmental Management Plan must be easily accessible, but may be integrated into existing plans, incorporated as an attachment, or developed as a separate document.
Environmental Objective means an overall environmental goal of the organization which is verifiable.
Environmental Performance means results of the data collected pursuant to implementation of the Environmental Management Plan as measured against policy, objectives and targets.
Environmental Target means an environmental performance requirement of the organization which is quantifiable, where practicable, verifiable and designed to be achieved within a specified time frame.
Hazardous Chemical means any chemical which is a physical hazard or a health hazard. A physical hazard means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive. A health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard'' includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system and agents which damage the lungs, skin, eyes or mucous membranes.
Hazardous Chemical of Concern means a chemical that the organization has identified as having the potential to be of significant risk to human health or the environment if not managed in accordance with procedures or practices defined by the organization.
Hazardous Waste Accumulation Area means the on-site area at a University where the University will make a solid and hazardous waste determination with respect to laboratory wastes.
In-Line Waste Collection means a system for the automatic collection of laboratory waste which is directly connected to or part of a laboratory scale activity and which is constructed or operated in a manner which prevents the release of any laboratory waste therein into the environment during collection.
Laboratory means, for the purpose of this Subpart, an area within a facility where the laboratory use of hazardous chemicals occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a non-production basis. The physical extent of individual laboratories within an organization will be defined by the Environmental Management Plan. A laboratory may include more than a single room if the rooms are in the same building and under the common supervision of a laboratory supervisor.
Laboratory Clean-Out means an evaluation of the chemical inventory of a laboratory as a result of laboratory renovation, relocation or a change in laboratory supervision that may result in the transfer of laboratory wastes to the hazardous waste accumulation area.
Laboratory Environmental Management Standard means the provisions of this Subpart and includes the requirements for preparation of Environmental Management Plans and the inclusion of Minimum Performance Criteria within each Environmental Management Plan.
Laboratory Scale means work with substances in which containers used for reactions, transfers and other handling of substances are designed to be safely and easily manipulated by one person. "Laboratory Scale'' excludes those workplaces whose function is to produce commercial quantities of chemicals.
Laboratory Waste means a hazardous chemical that results from laboratory scale activities and includes the following: excess or unused hazardous chemicals that may or may not be reused outside their laboratory of origin; hazardous chemicals determined to be RCRA hazardous waste as defined in 40 CFR Part 261; and hazardous chemicals that will be determined not to be RCRA hazardous waste pursuant to Sec. 262.106.
Laboratory Worker means a person who is assigned to handle hazardous chemicals in the laboratory and may include researchers, students or technicians.
Legal and Other Requirements means requirements imposed by, or as a result of, governmental permits, governmental laws and regulations, judicial and administrative enforcement orders, non-governmental legally enforceable contracts, research grants and agreements, certification specifications, formal voluntary commitments and organizational policies and standards.
Senior Management means senior personnel with overall responsibility, authority and accountability for managing laboratory activities within the organization.
Universities means the following academic institutions; University of Vermont, Boston College, and the University of Massachusetts Boston, which are participants in this Laboratory XL project and which are subject to the requirements set forth in this Subpart J.
Sec. 262.103 What is the scope of the laboratory environmental management standard?
The Laboratory Environmental Management Standard will not affect or supersede any legal requirements other than those described in Sec. 262.10(j). The requirements that continue to apply include, but are not limited to, OSHA, Fire Codes, wastewater permit limitations, emergency response notification provisions, or other legal requirements applicable to University laboratories.
Sec. 262.104 What are the minimum performance criteria?
The Minimum Performance Criteria that each University must meet in managing its Laboratory Waste are:
(a) Each University must label all laboratory waste with the general hazard class and either the words "laboratory waste'' or with the chemical name of the contents. If the container is too small to hold a label, the label must be placed on a secondary container.
(b) Each University may temporarily hold up to 55 gallons of laboratory waste or one quart of acutely hazardous laboratory waste, or weight equivalent, in each laboratory, but upon reaching these thresholds, each University must mark that laboratory waste with the date when this threshold requirement was met (by dating the container(s) or secondary container(s)).
(c) Each university must remove all of the dated laboratory waste from the laboratory for delivery to a location identified in paragraph (i) of this section within 30 days of reaching the threshold amount identified in paragraph (b) of this section.
(d) In no event shall the excess laboratory waste that a laboratory temporarily holds before dated laboratory waste is removed exceed an additional 55 gallons of laboratory waste (or one additional quart of acutely hazardous laboratory waste). No more than 110 gallons of laboratory waste total (or no more than two quarts of acutely hazardous laboratory waste total) may be temporarily held in a laboratory at any one time. Excess laboratory waste must be dated and removed in accordance with the requirements of paragraphs (b) and (c) of this section.
(e) Containers of laboratory wastes must be:
(1) Closed at all times except when wastes are being added to (including during in-line waste collection) or removed from the container;
(2) Maintained in good condition and stored in the laboratory in a manner to avoid leaks;
(3) Compatible with their contents to avoid reactions between the waste and its container; and must be made of, or lined with, materials which are compatible with the laboratory wastes to be temporarily held in the laboratory so that the container is not impaired; and
(4) Inspected regularly (at least annually) to ensure that they meet requirements for container management.
(f) The management of laboratory waste must not result in the release of hazardous constituents into the land, air and water where such release is prohibited under federal law.
(g) The requirements for emergency response are:
(1) Each University must post notification procedures, location of emergency response equipment to be used by laboratory workers and evacuation procedures;
(2) Emergency response equipment and procedures for emergency response must be appropriate to the hazards in the laboratory such that hazards to human health and the environment will be minimized in the event of an emergency;
(3) In the event of a fire, explosion or other release of laboratory waste which could threaten human health or the environment, the laboratory worker must follow the notification procedures under paragraph (g)(1) of this section.
(h) Each University must investigate, document, and take actions to correct and prevent future incidents of hazardous chemical spills, exposures and other incidents that trigger a reportable emergency or that require reporting under paragraph (g) of this section.
(i) Each University may only transfer laboratory wastes from a laboratory:
-
(1) directly to an on-site designated hazardous waste accumulation area. Notwithstanding 40 CFR 263.10(a), each University must comply with requirements for transporters set forth in 40 CFR 263.30 and 263.31 in the event of a discharge of laboratory waste en route from a laboratory to an on-site hazardous waste accumulation area; or
(2) to a treatment, storage or disposal (TSD) facility permitted to handle the waste under 40 CFR part 270 or in interim status under 40 CFR parts 265 and 270 (or authorized to handle the waste by a state with a hazardous waste management program approved under 40 CFR part 271) if it is determined in the laboratory by the individuals identified in Sec. 262.105(b)(3) to be responsible for waste management decisions that the waste is a hazardous waste and that it is prudent to transfer it directly to a treatment, storage, and disposal facility rather than an on-site accumulation area.
(j) Each University must ensure that laboratory workers receive training and are provided with information so that they can implement and comply with these Minimum Performance Criteria.
Sec. 262.105 What must be included in the laboratory environmental management plan?
(a) Each University must include specific measures it will take to protect human health and the environment from hazards associated with the management of laboratory wastes and from the reuse, recycling or disposal of such materials outside the laboratory.
(b) Each University must write, implement and comply with an Environmental Management Plan that includes the following:
(1) The specific procedures to assure compliance with each of the Minimum Performance Criteria set forth in Sec. 262.104.
(2) An environmental policy, or environmental, health and safety policy, signed by the University's senior management, which must include commitments to regulatory compliance, waste minimization, risk reduction and continual improvement of the environmental management system.
(3) A description of roles and responsibilities for the implementation and maintenance of the Laboratory Environmental Management Plan.
(4) A system for identifying and tracking legal and other requirements applicable to laboratory waste, including the procedures for providing updates to laboratory supervisors.
(5) Criteria for the identification of physical and chemical hazards and the control measures to reduce the potential for releases of laboratory wastes to the environment, including engineering controls, the use of personal protective equipment and hygiene practices, containment strategies and other control measures.
(6) A pollution prevention plan, including, but not limited to, roles and responsibilities, training, pollution prevention activities, and performance review.
(7) A system for conducting and updating annual surveys of hazardous chemicals of concern and procedures for identifying acutely hazardous laboratory waste.
(8) The procedures for conducting laboratory clean-outs with regard to the safe management and disposal of laboratory wastes.
(9) The criteria that laboratory workers must comply with for managing, containing and labeling laboratory wastes, including: an evaluation of the need for and the use of any special containers or labeling circumstances, and the use of laboratory wastes secondary containers including packaging, bottles, or test tube racks.
(10) The procedures relevant to the safe and timely removal of laboratory wastes from the laboratory.
(11) The emergency preparedness and response procedures to be implemented for laboratory waste.
(12) Provisions for information dissemination and training, provided for in paragraph (d) of this section.
(13) The procedures for the development and approval of changes to the Environmental Management Plan.
(14) The procedures and work practices for safely transferring or moving laboratory wastes from a laboratory to a location identified in Sec. 262.104(i).
(15) The procedures for regularly inspecting a laboratory to assess conformance with the requirements of the Environmental Management Plan.
(16) The procedures for the identification of environmental management plan noncompliance, and the assignment of responsibility, timelines and corrective actions to prevent their reoccurrence.
(17) The record keeping requirements to document conformance with this Plan.
(c) Organizational responsibilities for each university.
Each University must:
(1) Develop and oversee implementation of its Laboratory Environmental Management Plan.
(2) Identify the following:
(i) Annual environmental objectives and targets;
(ii) Those laboratories covered by the requirements of the Laboratory Environmental Management Plan.
(3) Assign roles and responsibilities for the effective implementation of the Environmental Management Plan.
(4) Determine whether laboratory wastes are solid wastes under RCRA and, if so, whether they are hazardous.
(5) Develop, implement, and maintain:
(i) Policies, procedures and practices governing its compliance with the Environmental Management Plan and applicable federal and state hazardous waste regulations.
(ii) Procedures to monitor and measure relevant conformance and environmental performance data for the purpose of supporting continual improvement of the Environmental Management Plan.
(iii) Policies and procedures for managing environmental documents and records applicable to this Environmental Management Standard.
(6) Ensure that:
(i) Its Environmental Management Plan is available to laboratory workers, vendors, employee representatives, visitors, on-site contractors, and upon request, to governmental representatives.
(ii) Personnel designated by each University to handle laboratory wastes and RCRA hazardous waste receive appropriate training.
(iii) The Environmental Management Plan is reviewed at least annually by senior management to ensure its continuing suitability, adequacy and effectiveness. The reviews may include, but not be limited to, a consideration of monitoring and measuring information, Laboratory Environmental Management Standard performance data, assessment and audit results and other relevant information and data.
(d) What are the Information and Training Requirements for Each University?
(1) Each University must ensure that laboratory workers receive training and are provided with the information to understand and implement the elements of each University's Environmental Management Plan that are relevant to the laboratory workers' responsibilities.
(2) When must each University ensure that laboratory workers receive training and information?
(i) Each University must provide the information to each laboratory worker when he/she is first assigned to a work area where laboratory wastes may be generated.
(ii) Each University must ensure that each laboratory worker has had training within six months of when he/she is first assigned to a work area where laboratory wastes may be generated. Each University must retrain a laboratory worker when a laboratory waste poses a new or unique hazard for which the laboratory worker has not received prior training and as frequently as needed to maintain knowledge of the procedures of the Environmental Management Plan.
(3) Each University must provide an outline of training and specify who is to receive training in its Environmental Management Plan.
(4) Each University must ensure that laboratory workers are informed of:
(i) The contents of this Subpart and the Laboratory Environmental Management Plan(s) for the laboratory(ies) in which they will be performing work;
(ii) The location and availability of the Environmental Management Plan;
(iii) Emergency response measures applicable to laboratories;
(iv) Signs and indicators of a hazardous substance release;
(v) The location and availability of known reference materials relevant to implementation of the Environmental Management Plan; and
(vi) Environmental training requirements applicable to laboratory workers.
(5) Each University must ensure that Laboratory workers have received training in:
(i) Methods and observations that may be used to detect the presence or release of a hazardous substance;
(ii) The chemical and physical hazards associated with laboratory wastes in their work area;
(iii) The relevant measures a laboratory worker can take to protect human health and the environment; and
(iv) Details of the Environmental Management Plan sufficient to ensure they manage laboratory waste in accordance with the requirements of this Subpart.
(6) Requirements pertaining to Laboratory visitors:
(i) Laboratory visitors, such as on-site contractors or environmental vendors, that require information and training under this standard must be identified in the Environmental Management Plan.
(ii) Laboratory visitors identified in the Environmental Management Plan must be informed of the existence and location of the Environmental Management Plan.
(iii) Laboratory visitors identified in the Environmental Management Plan must be informed of relevant policies, procedures or work practices to ensure compliance with the requirements of the Environmental Management Plan.
(7) Each University must define methods of providing objective evidence and records of training and information dissemination in its Environmental Management Plan.
Sec. 262.106 When must a hazardous waste determination be made?
(a) For laboratory waste sent from a laboratory to an on-site hazardous waste accumulation area, each University must evaluate the laboratory wastes to determine whether they are solid wastes under RCRA and, if so, determine pursuant to Sec. 262.11 (a) through (d) whether they are hazardous wastes, as soon as the laboratory wastes reach the University's Hazardous Waste Accumulation area(s). At this point each University must determine whether the laboratory waste will be reused or whether it must be managed as RCRA solid or hazardous waste.
(b) For laboratory waste that will be sent from a laboratory to a TSD facility permitted to handle the waste, each University must evaluate such laboratory wastes to determine whether they are solid wastes under RCRA and, if so, determine pursuant to Sec. 262.11 (a) through (d) whether they are hazardous wastes, prior to the 30-day deadline for removing dated laboratory waste from the laboratory.
(c) Laboratory waste that is determined to be hazardous waste is no longer subject to the provisions of this subpart and must be managed in accordance with all applicable provisions of 40 CFR Parts 260 through 270.
Sec. 262.107 Under what circumstances will a university's participation in this environmental management standard pilot be terminated?
(a) EPA retains the right to terminate a University's participation in this Laboratory XL project if the University:
(1) Is in non-compliance with the Minimum Performance Criteria in Sec. 262.104; or
(2) Has actual environmental management practices in the laboratory that do not conform to its Environmental Management Plan; or
(3) Is in non-compliance with the Hazardous Waste Determination requirements of Sec. 262.106.
(b) In the event of termination, EPA will provide the University with 15 days written notice of its intent to terminate. During this period, which commences upon receipt of the notice, the University will have the opportunity to come back into compliance with the Minimum Performance Criteria, its Environmental Management Plan, or the requirements for making a hazardous waste determination at Sec. 262.106 or to provide a written explanation as to why it was not in compliance and how it intends to return to compliance. If, upon review of the University's written explanation, EPA then re-issues a written notice terminating the University from this XL Project, the provisions of paragraph (c) of this section will immediately apply and the University shall have 90 days to come into compliance with the applicable RCRA requirements deferred by Sec. 262.10(j). During the 90-day transition period, the provisions of this subpart shall continue to apply to the University.
(c) If a University withdraws from this XL project, or receives a notice of termination pursuant to this section, it must submit to EPA and the state a schedule for returning to full compliance with RCRA requirements at the laboratory level. The schedule must show how the University will return to full compliance with RCRA within 90 days from the date of the notice of termination or withdrawal.
Sec. 262.108 When will this subpart expire?
This subpart will expire on September 30, 2003.
[FR Doc. 99-25137 Filed 9-27-99; 8:45 am]
BILLING CODE 6560-50-U
Copyright © 2002 The Campus Consortium for Environmental Excellence |