Regulation of Hazardous Waste in Academic Laboratories

In December 2008, the EPA promulgated specific regulations that cover the hazardous waste used by academic laboratories. The regulations can be found at 40 CFR 262 Subpart K. These regulations provide alternative accumulation opportunities for qualifying entities. Specifically, the regulations exempt a qualifying institution from satellite accumulation area generator regulations. Under Subpart K, all wastes must be identified by a trained professional and must be removed every six months. In addition, the institution must create a Laboratory Management Plan, which describes its waste disposal policies.

Subpart K provides many potential advantages over the traditional RCRA scheme. For example, Subpart K provides labs with incentives to “clean-out” stockpiles of old chemicals by exempting these materials from the facility’s total generation of hazardous waste for purposes of determining generator quantity. Additionally, the regulations provide more flexibility in storage containers and also hazardous waste determination timing.

Subpart K applies to colleges, universities, teaching hospitals, non-profit teaching institutes formerly associated with a university. It may also apply to some laboratories and even art studios.

If you have any questions regarding storage of hazardous wastes in the university setting, please contact us at 773-467-7134 or info@thornenvironmentallaw.com, or through our web contact form.

Disclaimer: This article cannot, and does not, create any attorney/client or consultant/client relationship.