Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted

Material for Laboratories Owned by Eligible Academic Entities: Academic Laboratories Rule 310 CMR 30.354 provides alternative requirements to the requirements in 310 CMR 30.340, 30.351 and 30.353 for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to 310 CMR 30.354. 310 CMR 30.354 is optional. (1) Applicability. The provisions of 310 CMR 30.354 apply to any laboratory, as defined in 310 CMR 30.010, where laboratory activities result in unwanted material (as defined in 310 CMR 30.010) and where such laboratory: (a) submits the notice required by 310 CMR 30.354(3); (b) is covered by a laboratory management plan in accordance with 310 CMR 30.354(14); and (c) operates in compliance with 310 CMR 30.354. (2) Purpose. The purpose of 310 CMR 30.354 is to provide an alternative management system for wastes that are generated in college and university laboratories. (3) How an eligible academic entity indicates it will be subject to the requirements of 310 CMR 30.354. (a) An eligible academic entity shall notify the Department in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12), that it is electing to be subject to the requirements of 310 CMR 30.354 for all the laboratories owned by the eligible academic entity under the same EPA Identification Number. An eligible academic entity that is a very Small Quantity Generator and does not have an EPA Identification Number must notify the Department that it is electing to be subject to the requirements of 310 CMR 30.354 for all the laboratories owned by the eligible academic entity that are on-site, as defined by 310 CMR 30.010. An eligible academic entity must submit a separate notification (Site Identification Form) for each EPA Identification Number that it is electing to be subject to the requirements of 310 CMR 30.354, and must submit the Site Identification Form to the Department before it begins operating under 310 CMR 30.354. (b) When submitting the Site Identification Form, the eligible academic entity shall, at a minimum, fill out the following fields on the form: 1. Reason for Submittal; 2. Site EPA Identification Number; 3. Site Name; 4. Site Location Information; 5. Site Land Type; 6. North American Industry Classification System (NAICS) Code(s) for the Site; 7. Site Mailing Address; 8. Site Contact Person; 9. Operator and Legal Owner of the Site; 10. Type of Regulated Waste Activity; and 11. Certification. (c) An eligible academic entity shall keep a copy of the notification on file at the eligible academic entity for as long as its laboratories are subject to 310 CMR 30.354. (d) A teaching hospital that is not owned by a college or university shall keep a copy of its formal written affiliation agreement with a college or university on file at the teaching hospital with the Director of Laboratories (or person of similar title responsible for overseeing operation of the laboratories) for as long as its laboratories are subject to 310 CMR 30.354. (e) A nonprofit research institute that is not owned by a college or university shall keep a copy of its formal written affiliation agreement with a college or university on file at the nonprofit research institute with the Director of Laboratories (or person of similar title responsible for overseeing operation of the laboratories) for as long as its laboratories are subject to 310 CMR 30.354. (4) How an eligible academic entity indicates it will withdraw from the requirements of 310 CMR 30.354. (a) An eligible academic entity shall notify the Department in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12), that it is electing to no longer be subject to the requirements of 310 CMR 30.354 for all the laboratories owned by the eligible academic entity under the same EPA Identification Number and that it will comply with the requirements of 310 CMR 30.353, 310 CMR 30.351 and 310 CMR 30.340 for Very Small QuantityGenerators, Small QuantityGenerators or Large QuantityGenerators, as applicable. An eligible academic entity must submit a separate notification (Site Identification Form) to the Department for each EPA Identification Number that it is withdrawing from the requirements of 310 CMR 30.354 and must submit the Site Identification Form to the Department before it begins operating under the requirements for Very Small Quantity Generators, Small Quantity Generators and Large Quantity Generators. (b) When submitting the Site Identification Form, the eligible academic entity shall, at a minimum, fill out the following fields on the form: 1. Reason for Submittal; 2. Site EPA Identification Number; 3. Site Name; 4. Site Location Information 5. Site Land Type; 6. North American Industry Classification System (NAICS) Code(s) for the Site; 7. Site Mailing Address; 8. Site Contact Person; 9. Operator and Legal Owner of the Site; 10. Type of Regulated Waste Activity; and 11. Certification. (c) An eligible academic entity shall keep a copy of the withdrawal notice on file at the eligible academic entity for three years from the date of the notification. (5) Summary of the Requirements of 310 CMR 30.354. An eligible academic entity that chooses to be subject to 310 CMR 30.354 is not required to have interim status or a RCRA Part B permit for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of 310 CMR 30.354 and the eligible academic entity has a Laboratory Management Plan (LMP) in accordance with 310 CMR 30.354(14) that describes how the laboratories owned bythe eligible academic entitywill comply with the requirements of 310 CMR 30.354. (6) Labeling and Management Standards for Containers of Unwanted Material in the Laboratory. An eligible academic entity shall manage containers of unwanted material while in the laboratory in accordance with the requirements in 310 CMR 30.354. (a) Labeling. Label unwanted material as follows: 1. The following information shall be affixed or attached to the container: a. The words "unwanted material" or another equally effective term that is to be used consistently by the eligible academic entity and that is identified in Part I of the Laboratory Management Plan; and b. Sufficient information to alert emergency responders to the contents of the container. Examples of information that would be sufficient to alert emergency responders to the contents of the container include, but are not limited to: i. The name of the chemical(s); ii. The type or class of chemical, such as organic solvents or halogenated organic solvents. c. The hazard(s) of the chemical(s); d. The date that the unwanted material first began accumulating in the container; and e. Information sufficient to allow a trained professional to properly identify whether an unwanted material is a hazardous waste and to assign the proper hazardous waste code(s), pursuant to 310 CMR 30.302. 2. The following information may be affixed or attached to the container, but must at a minimum be associated with (i.e., the container information must be recorded and accessible using an electronic spreadsheet, a bar code or some other printed inventory of containers.) the container: a. The description of the chemical contents or composition of the unwanted material or, if known, the product of the chemical reaction; b. Whether the unwanted material has been used or is unused; and c. A description of the manner in which the chemical was produced or processed, if applicable. (b) Management of Containers in the Laboratory. An eligible academic entity shall properly manage containers of unwanted material in the laboratory to assure safe storage of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical reactions, and dangerous situations that may result in harm to human health or the environment. Proper container management shall include the following: 1. Containers are maintained and kept in good condition, and damaged containers are replaced, over-packed, or repaired; 2. Containers are compatible with their contents to avoid reactions between the contents and the container; and are made of, or lined with, material that is compatible with the unwanted material so that the container's integrity is not impaired; and 3. Containers are kept closed at all times, except: a. When adding, removing or bulking unwanted material; b. A working container may be open until the end of the procedure or work shift, or until it is full, whichever comes first, at which time the working container must either be closed or the contents emptied into a separate container that is then closed; or c. When venting of a container is necessary. i. For the proper operation of laboratory equipment, such as with in-line collection of unwanted materials from high performance liquid chromatographs; or ii. To prevent dangerous situations, such as build-up of extreme pressure. (7) Training. An eligible academic entity shall provide training to all individuals working in a laboratory at the eligible academic entity, as follows: (a) Training for laboratory workers and students shall be commensurate with their duties so they understand the requirements in 310 CMR 30.354 and can implement them. (b) An eligible academic entity can provide training for laboratory workers and students in a variety of ways including, but not limited to: 1. Instruction by the professor or laboratory manager before or during an experiment; 2. Formal classroom training; 3. Electronic/written training; 4. On-the-job training; or 5. Written or oral exams. (c) An eligible academic entity that is a large quantity generator shall maintain documentation for the durations specified in 310 CMR 30.516(1)(e) demonstrating training for all laboratory workers that is sufficient to determine whether laboratory workers have been trained. Examples of documentation demonstrating training can include, but are not limited to, the following: 1. Sign-in or attendance sheet(s) for training session(s); 2. Syllabus for training session; 3. Certificate of training completion; or 4. Test results. (d) A trained professional shall: 1. Accompany the transfer of unwanted material and hazardous waste when the unwanted material and hazardous waste is removed from the laboratory; and 2. Make the hazardous waste determination, pursuant to 310 CMR 30.302, for unwanted material. (8) Removing Containers of Unwanted Material from the Laboratory. (a) Removing containers of unwanted material on a regular schedule. An eligible academic entity shall either: 1. Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed six months; or 2. Remove containers of unwanted material from each laboratory within six months of each container's accumulation start date. (b) The eligible academic entity shall specify in Part I of its Laboratory Management Plan whether it will comply with 310 CMR 30.354(8)(a)1. or 310 CMR 30.354(8)(a)2. for the regular removal of unwanted material from its laboratories. (c) The eligible academic entity shall specify in Part II of its Laboratory Management Plan how it will comply with 310 CMR 30.354(8)(a)1. or 310 CMR 30.354(8)(a)2. and develop a schedule for regular removals of unwanted material from its laboratories. (d) Removing containers of unwanted material when volumes are exceeded. 1. If a laboratory accumulates a total volume of unwanted material (including reactive acutely hazardous unwanted material) in excess of 55 gallons before the regularly scheduled removal, the eligible academic entity shall ensure that all containers of unwanted material in the laboratory, (including reactive acutely hazardous unwanted material): a. Are marked on the label that is affixed or attached to the container with the date that 55 gallons is exceeded; and b. Are removed from the laboratory within ten calendar days of the date that 55 gallons was exceeded, or at the next regularly scheduled removal, whichever comes first. 2. If a laboratory accumulates more than one quart of reactive acutely hazardous unwanted material before the regularly scheduled removal, then the eligible academic entity shall ensure that all containers of reactive acutely hazardous unwanted material: a. Are marked on the label that is affixed or attached to the container with the date that one quart is exceeded; and b. Are removed from the laboratory within ten calendar days of the date that one quart was exceeded, or at the next regularly scheduled removal, whichever comes first. (9) Where and When to Make the Hazardous Waste Determination and Where to Send Containers of Unwanted Material upon Removal from the Laboratory. Large Quantity Generators, Small Quantity Generators and Very Small Quantity Generators – an eligible academic entity shall ensure that a trained professional makes a hazardous waste determination, pursuant to 310 CMR 30.302, for unwanted material in any of the following areas: (a) In the laboratory before the unwanted material is removed from the laboratory, in accordance with 310 CMR 30.354(10); (b) Within four calendar days of arriving at an on-site central accumulation area, in accordance with 310 CMR 30.354(11); and (c) Within four calendar days of arriving at an on-site interim status or licensed treatment, storage or disposal facility, in accordance with CMR 30.354(12). (10) Making the Hazardous Waste Determination in the Laboratory before the Unwanted Material Is Removed from the Laboratory. If an eligible academic entity makes the hazardous waste determination, pursuant to 310 CMR 30.302, for unwanted material in the laboratory, it shall comply with the following: (a) A trained professional shall make the hazardous waste determination, pursuant to 310 CMR 30.302, before the unwanted material is removed from the laboratory. (b) If an unwanted material is a hazardous waste, the eligible academic entity shall: 1. Write the words "hazardous waste" on the container label that is affixed or attached to the container, before the hazardous waste may be removed from the laboratory; and 2. Write the appropriate hazardous waste code(s) on the label that is affixed or attached to the container before the hazardous waste is transported off-site. 3. Count the hazardous waste toward the eligible academic entity's generator status, pursuant to 310 CMR 30.351(2)(a) and 310 CMR 30.353(2)(a), in the calendar month that the hazardous waste determination was made. (c) A trained professional shall accompany all hazardous waste that is transferred from the laboratory(ies) to an on-site central accumulation area or on-site interim status or licensed treatment, storage or disposal facility. (d) When hazardous waste is removed from the laboratory: Large Quantity Generators, Small Quantity Generators and Very Small Quantity Generators shall ensure it is taken directly from the laboratory(ies) to an on-site central accumulation area, or on-site interim status or licensed treatment, storage or disposal facility, or transported off-site. (e) An unwanted material that is a hazardous waste is subject to all applicable hazardous waste regulations when it is removed from the laboratory. (11) Making the Hazardous Waste Determination at an On-site Central Accumulation Area. If an eligible academic entity makes the hazardous waste determination, pursuant to 310 CMR 30.302, for unwanted material at an on-site central accumulation area, it shall comply with the following: (a) A trained professional shall accompany all unwanted material that is transferred from the laboratory(ies) to an on-site central accumulation area. (b) All unwanted material removed from the laboratory(ies) shall be taken directly from the laboratory(ies) to the on-site central accumulation area. (c) The unwanted material becomes subject to the generator accumulation regulations of 310 CMR 30.340 through 30.343 for large quantity generators, 310 CMR 30.351 for small quantity generators or 310 CMR 30.353 for Very Small Quantity Generators as soon as it arrives in the central accumulation area, except for the "hazardous waste" labeling requirements of 310 CMR 30.682. (d) A trained professional shall determine, pursuant to 310 CMR 30.302, if the unwanted material is a hazardous waste within four calendar days of the unwanted materials' arrival at the on-site central accumulation area. (e) If the unwanted material is a hazardous waste, the eligible academic entity shall: 1. Write the words "hazardous waste" on the container label that is affixed or attached to the container, within four calendar days of arriving at the on-site central accumulation area and before the hazardous waste may be removed from the on-site central accumulation area; 2. Write the appropriate hazardous waste code(s) on the container label that is on the label that is affixed or attached to the container before the hazardous waste may be treated or disposed of on-site or transported off-site; 3. Count the hazardous waste toward the eligible academic entity's generator status, pursuant to 310 CMR 30.351(2)(a) and 30.353(2)(a) in the calendar month that the hazardous waste determination was made; and 4. Manage the hazardous waste according to all applicable hazardous waste regulations. (12) Making the Hazardous Waste Determination at an On-site Interim Status or Licensed Treatment, Storage or Disposal Facility. If an eligible academic entity makes the hazardous waste determination, pursuant to 310 CMR 30.302, for unwanted material at an on-site interim status or licensed treatment, storage or disposal facility, it shall comply with the following: (a) A trained professional shall accompany all unwanted material that is transferred from the laboratory(ies) to an on-site interim status or licensed treatment, storage or disposal facility. (b) All unwanted material removed from the laboratory(ies) shall be taken directly from the laboratory(ies) to the on-site interim status or licensed treatment, storage or disposal facility. (c) The unwanted material becomes subject to the terms of the eligible academic entity's hazardous waste license or interim status requirements as soon as it arrives in the on-site treatment, storage or disposal facility. (d) A trained professional shall determine, pursuant to 310 CMR 30.302, if the unwanted material is a hazardous waste within four calendar days of the unwanted materials' arrival at an on-site interim status or licensed treatment, storage or disposal facility. (e) If the unwanted material is a hazardous waste, the eligible academic entity shall: 1. Write the words "hazardous waste" on the container label that is affixed or attached to the container within four calendar days of arriving at the on-site interim status or licensed treatment, storage or disposal facility and before the hazardous waste may be removed from the on-site interim status or licensed treatment, storage or disposal facility; 2. Write the appropriate hazardous waste code(s) on the container label that is affixed or attached to the container before the hazardous waste may be treated or disposed on-site or transported off-site; 3. Count the hazardous waste toward the eligible academic entity's generator status, pursuant to 310 CMR 30.351(2)(a) and 310 CMR 30.353(2)(a) in the calendar month that the hazardous waste determination was made; and 4. Manage the hazardous waste according to all applicable hazardous waste regulations. (13) Laboratory Clean-outs. (a) One time per 12-month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of 310 CMR 30.354, except that: 1. If the volume of unwanted material in the laboratory exceeds 55 gallons (or one quart of reactive acutely hazardous unwanted material), the eligible academic entity is not required to remove all unwanted materials from the laboratory within ten calendar days of exceeding 55 gallons (or one quart of reactive acutely hazardous unwanted material), as required by 310 CMR 30.354(8). Instead, the eligible academic entity shall remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out; and 2. For the purposes of on-site accumulation, an eligible academic entity is not required to count hazardous waste that is an unused commercial chemical product (listed in 310 CMR 30.133 or 30.136, or exhibiting one or more characteristics in 310 CMR 30.120 through 30.125) generated solely during the laboratory clean-out toward its hazardous waste generator status, pursuant to 310 CMR 30.351(2)(b) and 30.353(2)(b). An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences shall be counted toward hazardous waste generator status, pursuant to 310 CMR 30.351(2)(a) and 30.353(2)(a), if it is determined to be hazardous waste; and 3. For the purposes of off-site management, an eligible academic entity shall count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator status under 310 CMR 30.354(13)(a)2., and the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off-site; and 4. An eligible academic entity shall document the activities of the laboratory clean-out. The documentation shall, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity must maintain the records for a period of three years from the date the clean-out ends; and (b) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of 310 CMR 30.354 including, but not limited to: 1. The requirement to remove all unwanted materials from the laboratory within ten calendar days of exceeding 55 gallons (or one quart of reactive acutely hazardous unwanted material), as required by 310 CMR 30.354(8); and 2. The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator status, pursuant to 310 CMR 30.351(2)(a) and 310 CMR 30.353(2)(a). (14) Laboratory Management Plan. An eligible academic entity shall develop and retain a written Laboratory Management Plan, or revise an existing written plan, and make the Laboratory Management Plan available to the Department upon request. The Laboratory Management Plan is a site-specific document that describes how the eligible academic entitywill manage unwanted materials in compliance with 310 CMR 30.354. An eligible academic entity may write one Laboratory Management Plan for all the laboratories owned by the eligible academic entity that have opted into 310 CMR 30.354, even if the laboratories are located at sites with different EPA Identification Numbers. The LaboratoryManagement Plan shall contain two parts with a total of nine elements identified in 310 CMR 30.354(14)(a) and (b). In Part I of its Laboratory Management Plan, an eligible academic entity shall describe its procedures for each of the elements listed in 310 CMR 30.354(14)(a). An eligible academic entity must implement and comply with the specific provisions that it develops to address the elements in Part I of the Laboratory Management Plan. In Part II of its Laboratory Management Plan, an eligible academic entity must describe its best management practices for each of the elements listed in paragraph 310 CMR 30.354(14)(b). The specific actions taken by an eligible academic entity to implement each element in Part II of its Laboratory Management Plan may vary from the procedures described in the eligible academic entity's Laboratory Management Plan, without constituting a violation of 310 CMR 30.354. An eligible academic entity may include additional elements and best management practices in Part II of its Laboratory Management Plan, if it chooses. (a) The eligible academic entity shall implement and comply with the specific provisions of Part I of its Laboratory Management Plan. In Part I of its Laboratory Management Plan, an eligible academic entity shall: 1. Describe procedures for container labeling in accordance with 310 CMR 30.354(6)(a) by: a. Identifying whether the eligible academic entity will use the term "unwanted material" on the containers in the laboratory. If not, identify an equally effective term that will be used in lieu of "unwanted material" and consistently by the eligible academic entity. The equally effective term, if used, shall have the same meaning and is subject to the same requirements as "unwanted material"; and b. Identifying the manner in which information that is associated with the container will be imparted. 2. Identify whether the eligible academic entity will comply with 310 CMR 30.354(8)(a)1. or 310 CMR 30.354(8)(a)2. for regularlyscheduled removals of unwanted material from the laboratory. (b) In Part II of its Laboratory Management Plan, an eligible academic entity must: 1. Describe its intended best practices for container labeling and management (see the required standards at 310 CMR 30.354(6)). 2. Describe its intended best practices for providing training for laboratory workers and students commensurate with their duties (see the required standards at 310 CMR 30.354(7)(a) and (b)). 3. Describe its intended best practices for providing training to ensure safe on-site transfers of unwanted material and hazardous waste by trained professionals (see the required standards at 310 CMR 30.354(7)(d)). 4. Describe its intended best practices for removing unwanted material from the laboratory, including: a. For regularly scheduled removals, develop a regular schedule for identifying and removing unwanted materials from its laboratories (see the required standards at 310 CMR 30.354(8)(a)1. and 310 CMR 30.354(8)(a)2.). b. For removals when maximum volumes are exceeded: i. Describe its intended best practices for removing unwanted materials from the laboratorywithin ten calendar days when unwanted materials have exceeded their maximum volumes (see the required standards at 310 CMR 30.354(8)(d)). ii. Describe its intended best practices for communicating with environmental health and safety personnel that unwanted materials have exceeded their maximum volumes. 5. Describe its intended best practices for making hazardous waste determinations, including specifying the duties of the individuals involved in the process (see the required standards at 310 CMR 30.302 and 310 CMR 30.354(9) through (12)). 6. Describe its intended best practices for laboratory clean-outs, if the eligible academic entity plans to use the incentives for laboratory clean-outs provided in 310 CMR 30.354(13), including: a. Procedures for conducting laboratory clean-outs (see the required standards at 310 CMR 30.354(13)(a)1. through 3.); and b. Procedures for documenting laboratory clean-outs (see the required standards at 310 CMR 30.354(13)(a)4.). 7. Describe its intended best practices for emergency prevention, including: a. Procedures for emergency prevention, notification, and response, appropriate to the hazards in the laboratory; b. A list of chemicals that the eligible academic entity has, or is likely to have, that become more dangerous when they exceed their expiration date and/or as they degrade; c. Procedures to safely dispose of chemicals that become more dangerous when they exceed their expiration date and/or as they degrade; and d. Procedures for the timely characterization of unknown chemicals. (c) An eligible academic entity shall make its Laboratory Management Plan available to laboratory workers, students, or any others at the eligible academic entity who request it. (d) An eligible academic entity shall review and revise its Laboratory Management Plan, as needed. (15) Unwanted Material That Is Not Hazardous Waste. If an unwanted material does not meet the definition of hazardous waste in 310 CMR 30.010, it is no longer subject to 310 CMR 30.000, but shall be managed in compliance with any other applicable laws and regulations. (16) Non-laboratory Hazardous Waste Generated at an Eligible Academic Entity. An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under 310 CMR 30.354; and remains subject to: (a) the generator requirements of 310 CMR 30.302 and 310 CMR 30.340(6) for large quantity generators, 310 CMR 30.351(5) for small quantity generators and 310 CMR 30.353(6)(i) for Very Small Quantity Generators (if the hazardous waste is managed in a satellite accumulation area); and (b) all other applicable generator requirements of 310 CMR 30.300, with respect to that hazardous waste. (17) Eligible academic entities that choose not to comply with 310 CMR 30.354 with respect to their laboratories are subject to the full requirements of 310 CMR 30.000, as applicable.