EPA s Proposed Rule Subpart K - Standards Applicable to Academic Laboratories. EPA regulatory updates for college campuses

Transcription

1 EPA s Proposed Rule Subpart K - Standards Applicable to Academic Laboratories EPA regulatory updates for college campuses

2 Process for Developing a Proposed Rule Workgroup develops draft proposed rule Proposed rule is concurred by: Several Offices participating on a workgroup Office of Solid Waste and Emergency Response (OSWER)

3 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

4 Process for Developing a Proposed Rule (continued) Proposed Rule is published in the Federal Register (May 2006) EPA seeks public comment on Proposed Rule (90 days) EPA extended public comment for another 30 days, until September 20, 2006

5 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.

6 The Proposed Rule Standards Applicable to Academic Laboratories New regulations for laboratories at colleges and universities Subpart K Rule will be optional satellite area regulations OR new Subpart K Proposed Rule maximizes flexibility while maintaining equivalent protection Laboratory Management Plan (LMP)

7 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( LQGs) Small quantity generators (SQGs( SQGs) ) 40 CFR Part (d) Conditionally Exempt Small Quantity Generators (CESQG) 40 CFR Part

8 Large quantity generators (LQGs) 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.

9 Small quantity generators (SQGs) 40 CFR Part (d) Generate between 100 kilograms (200 pounds) to 1,000 kilograms (2,200 pounds) of hazardous waste per month. The waste may be stored for 180 days or less

10 Conditionally Exempt Small Quantity Generators (CESQG) 40 CFR Part 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.

11 Entities potentially affected by this proposed rule Colleges or universities Only those colleges and universities which have laboratories on their campuses Optional Stay with current RCRA generator regulations OR Move to Subpart K

12 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

13 Issues specific to Colleges and Universities Laboratories generally have a large number of points of generation. (e.g., a specific hood within in a laboratory) Laboratories tend to generate a relatively small volume of hazardous waste at each of these points of generation.

14 Issues specific to Colleges and Universities 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.

15 Challenges to Colleges and Universities Lack of awareness about hazardous wastes and the applicable regulations due to the transient nature of the student population. The amount of hazardous waste generated by students.

16 Challenges to Colleges and Universities (continued) The number of different waste streams generated by a single laboratory may be quite high due to the nature of research and teaching activities. The number of different personnel in charge of the laboratories.

17 Challenges to Colleges and Universities (continued) 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. Resource constraints on hazardous waste management.

18 Intent of the Proposed Rule 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 Promote environmental protection and public health through safer management of laboratory hazardous wastes.

19 New Terminology in 40 CFR Part 262 Subpart K Central Accumulation Area = CAA Cautionary Compliance Label Laboratory Management Plan = LMP Unwanted Material Laboratory Worker Subpart K Working Container

20 New Definitions 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 when accumulating unwanted materials. Cautionary Compliance Label means the label attached to a container of unwanted material in a laboratory.

21 New Definitions (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.

22 New Definitions (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.

23 New Definitions (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 for large quantity generators, or (d)(5)(iii) for small quantity generators.

24 New Definitions (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.

25 New Definitions (cont.) Reactive Acutely Hazardous Unwanted Material means an unwanted material that is one of the acutely hazardous commercial chemical products listed in 40 CFR (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.

26 New Definitions (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.

27 Example Of a Working Container

28 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.

29 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.

30 How the college or university chooses to comply to the specifics of the LMP will be left to its discretion. The LMP must describe the procedures that will be used by the laboratory (ies( ies) ) at the college or university for implementing the requirements of the new regulation.

31 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.

32 Changes in Requirements for Colleges and Universities accepting the Proposed Rule Training of laboratory workers, Labeling Container management standards

33 Requirements of the Proposed Rule The hazardous waste determination must be made within in four (4) calendar days of arriving at the on-site Central Accumulation Area (CAA) The point of generation would continue to be the location and time at which the hazardous waste is first generated.

34 Requirements of the Proposed Rule Only the hazardous waste generated in laboratories may be managed under Subpart K. Hazardous wastes generated in other parts of the college and/or university will remain subject to the existing hazardous waste regulations.

35 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. The unwanted material must be placed in an appropriate container for subsequent removal.

36 Requirements of the Proposed Rule The container must be safely managed to prevent leaks, spills, emissions to the air, and adverse chemical reactions while in the laboratory. Containers must also be properly labeled with the appropriate information to make a hazardous waste determination.

37 Requirements of the Proposed Rule The date that the initial amount of unwanted material was placed in the container must be associated in some manner with the container. 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.

38 Requirements of the Proposed Rule 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. A college or university must determine a schedule for removal of unwanted materials from its laboratories and specify the schedule in its LMP.

39 Requirements of the Proposed Rule 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.

40 Requirements of the Proposed Rule 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. Once an unwanted material is determined to be RCRA hazardous waste it is subject to full RCRA regulation.

41 Requirements of the Proposed Rule - Training LQG regulations under 40 CFR 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.

42 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.

43 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.

44 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.

45 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.

46 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 (a) or (d).

47 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.

48 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.

49 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.

50 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.

51 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.

52 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.

53 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.

54 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.

55 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.

56 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.

57 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,

58 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.

59 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.

60 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;

61 Requirements of the Proposed Rule: Record keeping 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. the college or university must maintain a copy of its notification to withdrawal from this proposal, as finalized, on file for three (3) years.

62 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);

63 Requirements of the Proposed Rule: Record keeping 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. the LMP must be dated and accessible by anyone involved in the management of unwanted materials, including students in the laboratory.

64 Requirements of the Proposed Rule: (3) training records for RCRA-trained individuals and laboratory workers as defined in 40 CFR of this Subpart, which refers to (e);

65 Requirements of the Proposed Rule: Record keeping (4) documentation of laboratory clean-out activities identifying the laboratory being cleaned out; 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.

66 Requirements of the Proposed Rule: Record keeping The clean-out records must be easily accessible to inspectors and other relevant college and university personnel.

67 Requirements of the Proposed Rule: Record keeping This proposal would require the following labels for containers for college and university laboratories choosing to be regulated under Subpart K: a precautionary label that must be affixed or physically accompany the container and

68 Requirements of the Proposed Rule: Record keeping 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.

69 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.

70 More information on EMS s at colleges and universities can be found at: iv/emsguide.html and

71 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. ml

72 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.