EPAs Academic Labs Rule Webinar

1
EPAs Academic Labs RuleWebinar

• Presented by EPAs Office of Solid Waste
• Kristin Fitzgerald Jessica Biegelson
• December 10, 2008

2
Labs Final Rule is Published!
73 FR 72912
http//www.epa.gov/epawaste/hazard/generation/labw
aste
3
Table of Contents

• Rationale for Labs Rule
• Overview of Labs Final Rule
• Major Provisions of Labs Final Rule
• Implementation

4
I. Rationale for Labs Final Rule

• RCRA regulations were generally designed for the
  industrial model
• Teaching and research labs differ from industry
  in the following ways
• Waste generation pattern is different
• Hundreds of different wastes that vary over time
• Small amounts of each waste
• Many individuals generating waste in many labs
  (i.e. many points of generation)
• Individuals generating the hazardous waste are
  often students, who
• Have inherently high turnover (thus difficult to
  train)
• Lack the accountability of a professional
  workforce

5
II. Overview of Labs Final Rule

• Establishes new Part 262 Subpart K
• Alternate generator regulations for managing
  hazardous waste in academic labs
• Subpart K is an optional rule
• Participants can choose to comply with existing
  regulations or Subpart K
• Performance-based management standards in the lab
  combined with a required laboratory management
  plan (LMP) with 9 mandatory elements
• These management standards represent a compromise
  between performance-based standards and specific
  standards in the lab
• Deemed as stringent as current RCRA generator
  regulations
• States are NOT required to adopt Subpart K

6
III. Major Provisions of Labs Rule Scope
Definition of Lab

• Proposed Rule
• Scope/Applicability
• Colleges Universities (C/Us) only
• C/Us that are CESQGs were excluded from Subpart K
• Requested comment on expanding applicability to
  other types of facilities, including non-academic
  facilities, with labs
• Definition of lab
• Teaching and research labs only
• Included art studios
• Excluded photo labs, computer labs, auto-shop
  facilities, chemical stockrooms

7
III. Major Provisions of Labs Rule Scope
Definition of Lab

• Final Rule
• Scope/Applicability
• Expanded to eligible academic entities which
  are
• C/Us
• Teaching Hospitals owned by or that have a formal
  written affiliation with a college or university
• Non-profit Research Institutes owned by or that
  have a formal written affiliation with a college
  or university
• Expanded to include CESQGs that are eligible
  academic entities
• Does NOT include
• Commercial RD labs do not meet student criteria
  of the rules rationale
• Government research labs
• We lacked sufficient information regarding the
  student criteria.
• We will issue a NODA to further investigate
  whether government labs should be included in
  scope of Subpart K in the future
• Definition of lab
• Teaching and research labs, art studios
• Expanded to include diagnostic labs in teaching
  hospitals
• Expanded to include photo labs, and areas that
  support labs (e.g., chemical stockrooms)
• Labs must be owned by eligible academic entity

8
III. Major Provisions of Rule Notification

• Proposed Rule
• Notification is required to opt into or withdraw
  from Subpart K
• Notify by letter
• Requested comment on whether to notify by EPAs
  8700-12 (Site Identification Form)

9
III. Major Provisions of Rule Notification

• Final Rule
• Notification is required to opt into or withdraw
  from Subpart K
• Notify by EPAs 8700-12 Form
• Must submit a separate form for each ID that is
  opting in
• EPA is in the process of revising the 8700-12
  Form
• Expected to be finalized in Summer 2009
• Before 8700-12 is revised, use COMMENT field to
  opt in
• State that you are opting into Part 262 Subpart K
• Identify what type of eligible academic entity
  you are (more than one may apply)
• College or University
• Teaching Hospital owned by or formally affiliated
  with a C/U
• Non-profit Research Institute owned by or
  formally affiliated with a C/U

10
III. Major Provisions of Rule Container
Labeling

• Proposed Rule
• Label affixed to or physically accompanying the
  container requires
• The words unwanted material
• Sufficient information to alert emergency
  responders to the hazards or contents of the
  container
• Label associated with the container requires
• Sufficient information to make a hazardous waste
  determination
• Accumulation start date

11
III. Major Provisions of Rule Container
Labeling

• Final Rule
• Label affixed or attached to the container
  requires
• Words unwanted material OR other equally
  effective wording that is used consistently and
  that is identified in the enforceable section of
  the LMP
• Sufficient information to alert emergency
  responders to the contents of the container
• Label associated with the container requires
• Sufficient information to make a hazardous waste
  determination
• Accumulation start date
• Made it clearer that this information can be
  affixed or attached to the container, if
  preferred

12
III. Major Provisions of Rule Container
Management

• Proposed Rule
• Performance-based standard to assure safe
  storage, to prevent leaks, spills, emissions to
  the air, etc.
• Containers must be in good condition and
  compatible with contents
• Requested comment on whether to add working
  container provision and/or clarify closed
  container requirements

13
III. Major Provisions of Rule Container
Management

• Final Rule
• Performance-based standard to assure safe
  storage, to prevent leaks, spills, emissions to
  the air, etc.
• Containers must be in good condition and
  compatible with contents
• Added a working container provision and
  clarified the closed container requirements
• Require containers to be closed except when
• Adding, removing, or consolidating unwanted
  materials
• A container is being used as a working container
• Venting is required for operation of lab
  equipment or safety reasons

Working container means a small container (i.e.,
two gallons or less) that is in use at a
laboratory bench, hood, or other work station, to
collect unwanted material from a laboratory
experiment or procedure.
14
III. Major Provisions of Rule Training

• Proposed Rule
• Laboratory workers
• Training must be commensurate with duties
• Students
• Instruction must be relevant to their
  activities
• Individuals making the hazardous waste
  determination and/or conducting on-site transfers
  of unwanted materials
• Called RCRA-trained individuals
• Must have standard RCRA generator training,
  pursuant to their generator status
• Training records
• Required for laboratory workers at LQGs, but not
  SQGs
• Not required for students

15
III. Major Provisions of Rule Training

• Final Rule
• Laboratory workers students
• Training must be commensurate with duties
• Individuals making the hazardous waste
  determination and/or conducting on-site transfers
  of unwanted materials
• Called trained professionals
• Must have standard RCRA generator training,
  pursuant to their generator status
• Trained professional at CESQGs must train to SQG
  standards
• Training records
• Required for laboratory workers at LQGs, but not
  SQGs or CESQGs
• Not required for students
• Note that existing generator regulations require
  training records for trained professionals at
  LQGs

16
III. Major Provisions of Rule Routine
Removals of Unwanted Material from Lab

• Proposed Rule
• Routine removals of unwanted materials driven
  primarily by time and then by volume
• Time-driven removals regularly scheduled
  removals must occur on an interval not to exceed
  6 months
• Volume-driven removals
• If exceed 55 gallons, must remove unwanted
  material within 10 days
• If exceed 1 quart of reactive acutely hazardous
  unwanted materials, must remove within 10 days

17
III. Major Provisions of Rule Routine
Removals of Unwanted Material from Lab

• Final Rule
• Time-driven removals - added flexibility to
  regular removals of unwanted materials
• Allow an eligible academic entity to choose
  between the following options for regular
  removals of unwanted materials from the lab
• All containers must be removed from the lab at a
  regular interval not to exceed 6 months, or
• Rolling 6 months each container must be removed
  within 6 months from the containers accumulation
  start date
• Require the eligible academic entity to identify
  its choice in the enforceable section of the LMP
• Volume-driven removals
• If exceed 55 gallons, must remove unwanted
  material within 10 days
• If exceed 1 quart of reactive acutely hazardous
  unwanted materials, must remove within 10 days

18
III. Major Provisions of Rule Making the
Hazardous Waste Determination

• Proposed Rule
• The hazardous waste determination can be made
• In the lab, before unwanted materials are
  removed from the lab (but after the time the
  unwanted materials are initially generated)
• Within 4 days of arriving at on-site central
  accumulation area (CAA)
• Within 4 days of arriving at on-site TSDF
• The hazardous waste determination must be made by
  a RCRA-trained individual

19
III. Major Provisions of Rule Making the
Hazardous Waste Determination

• Final Rule
• The hazardous waste determination can be made
• In the lab, before unwanted materials are
  removed from the lab (but after the time the
  unwanted materials are initially generated)
• CESQGs must make the hazardous waste
  determination in the laboratory before the
  hazardous waste is taken off-site. It is assumed
  that CESQGs do not have on-site CAA or TSDF.
• Within 4 days of arriving at on-site central
  accumulation area (CAA)
• Within 4 days of arriving at on-site TSDF
• The hazardous waste determination must be made by
  a trained professional
• Added flexibility in the 4-day time limit for the
  HW determination at an on-site CAA (or on-site
  TSDF) to allow eligible academic entities to
• Make the initial HW determination within 4 days
  of arriving at the on-site CAA and add the words
  hazardous waste to the container label, but
• Delay having to put the HW code on the container
  label until immediately prior to off-site
  shipment
• Allow the HW code to be placed on the label that
  is associated with the container, rather than
  the label that is affixed to or physically
  accompanies the container

20
III. Major Provisions of Rule Consolidation
of Unwanted Materials

• Proposed Rule
• On-site consolidation
• Requested comment on whether to add a new type of
  on-site accumulation area to provide for on-site
  consolidation
• Off-site consolidation
• Did not address directly, but must make hazardous
  waste determination for unwanted materials before
  they can go off-site

21
III. Major Provisions of Rule Consolidation
of Unwanted Materials

• Final Rule
• On-site consolidation
• Did not add a new consolidation area
• On-site consolidation of unwanted materials
  within laboratories is allowed provided
• All on-site transfers of unwanted materials must
  be accompanied by a trained professional
• If a container of unwanted material is moved from
  one lab to another lab or chemical stockroom, the
  accumulation start date remains the same and the
  container must be removed no later than 6 months
  from accumulation start date
• If combining contents of two or more containers
  of compatible materials, the earliest date must
  be used for the accumulation start date
• Off-site consolidation
• Must make hazardous waste determination for
  unwanted materials before they can go off-site
• Note that a generator can send hazardous waste to
  another generator only when the receiving
  generator is operating as a transfer facility

22
III. Major Provisions of Rule Laboratory
Clean-outs

• Proposed Rule
• Current generator regulations act as a
  disincentive to clean-out legacy chemicals from
  labs because
• If 55 gallons is exceeded, not enough time is
  provided
• Lab clean-outs can result in a shift to larger
  RCRA generator status
• Laboratory clean-out incentives provided to
  encourage lab clean-outs (limited to once per lab
  per 12 months)
• 30 days to conduct clean-outs (instead of 10 days
  for volumes over 55 gallons of HW and 1 qt for
  acute HW)
• Do not have to count any hazardous waste from
  clean-outs toward RCRA generator status
• Clean-outs are
• Different than routine removals of regularly
  generated unwanted material
• NOT mandatory

23
III. Major Provisions of Rule Laboratory
Clean-outs

• Final Rule
• Incentives for clean-outs provided (limited to
  once per lab per 12 months)
• 30 days to conduct clean-outs
• Do not have to count discarded unused commercial
  chemical products from lab clean-outs toward
  generator status
• Dont have to count P-listed and U-listed HW
• Dont have to count unused characteristic HW
• Must count used hazardous waste toward generator
  status
• Not counting incentive is for determining
  appropriate generator regulations for on-site
  accumulation only
• Generator accumulation time (90 vs 180 days)
• Reporting requirements (Biennial Report)
• For off-site management, all hazardous waste must
  be counted
• If generate more than CESQG monthly limits, then
  the hazardous waste is regulated when sent
  off-site, for example it must
• Be manifested
• Be sent to a hazardous waste TSDF
• Meet LDR treatment standards

24
III. Major Provisions of Rule Laboratory
Management Plan (LMP)

• Proposed Rule
• Each C/U must develop an LMP with 9 required
  elements
• LMP details how each C/U will comply with the
  performance-based regulations
• LMP can be integrated into other existing plans
• Co-proposed two options regarding whether the
  contents of site-specific LMPs should be
  enforceable or not
• Contents of the LMP are not enforceable
• Contents of the LMP are enforceable

25
III. Major Provisions of Rule Laboratory
Management Plan (LMP)

• Final Rule
• Each eligible academic entity must develop an LMP
  with 9 required elements
• The LMP must contain 2 parts
• Part I of LMP
• Contents of this section are enforceable must
  address 2 elements
• 1. Container labeling options
• Identity if labeling containers unwanted
  materials or with other equally effective
  wording
• Identify the manner of which information
  associated with a container is imparted
• 2. Regular removal of unwanted material from the
  lab option
• Identify if removing unwanted materials at least
  every 6 months or on rolling 6 months basis
• Part II of LMP
• Contents of this section are NOT enforceable
  must address 7 elements
• Allows eligible academic entities to develop best
  management practices for their labs
• One LMP may be written for multiple sites owned
  by the same eligible academic entity

26
IV. Implementing Subpart K

• Final Rule is effective December 31, 2008
• In NON-authorized states (Alaska, Iowa some
  territories) can opt in starting December 31,
  2008
• In authorized states, state must adopt the rule
  before you can opt into Subpart K
• NJ and PA automatically adopt after 60 days,
  unless they disavow the Labs Final Rule
• Region I plans to work with its states to quickly
  adopt Subpart K (XL Project expires April 2009)
• OSW will work with other States Regions to
  encourage adoption
• EPA will work with eligible academic entities to
  provide outreach and training

27
OSWs Labs Team

• Kristin Fitzgerald
• 703-308-8286
• Fitzgerald.Kristin_at_epa.gov
• Jessica Biegelson
• 703-308-0026
• Biegelson.Jessica_at_epa.gov
• Trish Mercer
• 703-308-8408
• Mercer.Patricia_at_epa.gov

http//www.epa.gov/epawaste/hazard/generation/labw
aste