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New England Universities Laboratories

New England University Labs Proposal
Table 4: Summary of Regulatory Relief Sought for Component #1
The Laboratory Environmental Management Plan Alternative


The following general regulatory relief is proposed:

Regulatory Relief Requested Federal Citation State Citation Operative Effect of
Relief Requested
In effect, to add an additional exclusion so that "Laboratory Process Byproducts" within an LPU are not subject to regulation under 40 CFR Parts 262 through 265, 268, 270, 271 and 124 or state equivalent, where the following requirements are met (insert Laboratory Environmental Management Standard) 40 CFR 261.4 "Exclusions" VT "Exemptions" listed in 7-203

"Wastes Not Subject to Regulation" in 30.104
Laboratory Process Byproducts" will not be subject to regulation under 40 CFR Parts 262 through 265,, 268, 270, 271 and 124 or state equivalent, until the byproducts exit the Laboratory Process Unit.
This exclusion is substantially equivalent to the existing exclusion for manufacturing process units at 261.4(c).

The following specific regulatory relief is sought as a result of the above-mentioned general relief. In numerous cases, the effect of the general relief, and implementation of the Laboratory Environmental Management Standard, will be clarification rather than relief from an existing requirements.

Regulatory Requirement Federal Citation State Citation Description of Regulatory Requirement Description of LPU Alternative Approach Clarification or Relief
Definition of
"generator"
260.10 Definitions
Defines generator as "any person...whose act first causes a hazardous waste to become subject to regulation..." LPU is not a generator.
Standard makes clear that the organization/ institution is the generator of hazardous waste.
Clarification of existing term as applied to laboratory.


VT
7-103; 7-202(2); 7-302


Clarification


MA
30.010


Clarification
Manifest Requirement 262.20
(a - e)

Manifests are currently required for transportation of hazardous waste on non-contiguous campus (i.e., public roadways). While full compliance with DOT requirements would continue to be required, the use of a manifest would not be required for laboratory process byproducts sent from an LPU to a central accumulation or storage area owned and operated by same organization. Full relief from existing requirements.


VT 7-306 (1-3)

Full relief


MA 30.304 (1-3); 30.310; 30.311

Full relief
Pre-Transport Require-ments 262.32(b)

Hazardous Waste labeling requirement Labeling of laboratory process byproducts as a hazardous waste not required; however, contents, hazard identification and accumulation date will be specified while in the LPU. Full relief from requirement to label as hazardous waste. From a risk management and reduction standpoint, the LPU labeling is substantially equivalent.


VT 7-307(3)

Full relief


MA 30.323(2)

Full relief
Labeling 262.34(c)(1)(ii)
Requires each container to be labeled or marked as "Hazardous Waste" Labeling of laboratory byproducts as a hazardous waste not required in the LPU; however, contents, hazard identification and accumulation date will be specified. Full relief from requirement to label as hazardous waste. From a risk management and reduction standpoint, the labeling is substantially equivalent.


VT 7-308(4); 7-308(5)(c)

Full relief.


MA 30.682; 20.340(1)(b)(1)

Full relief.
Emeregency Preparedness and Response


Compliance with subparts C and D in 40 CFR LPU would conform to emergency provisions and procedures according to the Environmental Management Plan. Clarification that RCRA contingency plan requirements would not apply to LPU (but LPUs would be comparably regulated under OSHA and fire code.)


VT 7-309 (2-3)

Clarification


MA 30.520 -.524

Clarification
Satellite Accumulation

"a generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in 261.33(e) in containers at or near the point of generation... which is under the control of the operator of the process generating the waste..." Same quantity thresholds maintained; however, issue of "point of generation and control" no longer apply to the LPU concept generally. Full relief from requirements; however, comparable quantity requirements would be met under the Environmental Management Plan (see minimum performance criteria).


VT 7-308(5)

Full relief


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

Full relief
Satellite Accumulation 262.34(c)(2)
Three day grace period to remove hazardous waste from satellite accumulation area. 20 business days defined in minimum performance criteria. Full relief with more flexible time limit that supports planning and efficient management without increasing risk (quantity thresholds still apply)


VT 7- 308(5)(d)

Full relief


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

Full relief
Satellite Accumulation
MA 30.340(4)(c) and SQG at 30.351(4)(c) For each specific point of generation, allows only one container per waste stream Laboratory process byproducts may be contained in a manner defined by the researcher. Full relief. Multiple small containers of a single laboratory process byproduct could be maintained if volume or weight threshold were not exceeded.
Standards Applicable to Transporters of Hazardous Waste 263.20
Manifest


Requires use of manifest Full compliance with DOT requirements would be required; the use of a manifest would not be required for laboratory process byproducts sent from an LPU to a central accumulation or storage area. Full relief.


VT 7-402(2)

Full relief.


MA 40.405

Full relief.
Closed container 265.173(a) as referenced by 262.34(c)(a)(i)

The regulation requires that a container holding hazardous waste must always be closed during storage, except to add or remove waste. LPU performance criteria specifies equivalent, but provides flexibility to define "closed" in the EMP. Clarification of closed container.


VT 7-308(5)(b)

Clarification


MA 30.685(1) referenced from 30.340

Clarification

 


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