Current through Register Vol. 24-06, March 15, 2024
(1) The following
definitions apply to this section:
(a)
"College/university" means a private or public, postsecondary, degree-granting,
academic institution, that is accredited by an accrediting agency listed
annually by the U.S. Department of Education.
(b) "Eligible academic entity" means a
college or university, or a nonprofit research institute that is owned by or
has a formal written affiliation agreement with a college or university, or a
teaching hospital that is owned by or has a formal written affiliation
agreement with a college or university.
(c) "Formal written affiliation agreement"
for a nonprofit research institute means a written document that establishes a
relationship between institutions for the purposes of research and/or education
and is signed by authorized representatives from each institution. A
relationship on a project-by-project or grant-by-grant basis is not considered
a formal written affiliation agreement. A formal written affiliation agreement
for a teaching hospital means a master affiliation agreement and program letter
of agreement, as defined by the Accreditation Council for Graduate Medical
Education, with an accredited medical program or medical school.
(d) "Laboratory" means an area owned by an
eligible academic entity where relatively small quantities of chemicals and
other substances are used on a nonproduction basis for teaching or research (or
diagnostic purposes at a teaching hospital) and are stored and used in
containers that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such as
chemical stockrooms and preparatory laboratories that provide a support
function to teaching or research laboratories (or diagnostic laboratories at
teaching hospitals) are also considered laboratories.
(e) "Laboratory clean-out" means an
evaluation of the inventory of chemicals and other materials in a laboratory
that are no longer needed or that have expired and the subsequent removal of
those chemicals or other unwanted materials from the laboratory. A clean-out
may occur for several reasons. It may be on a routine basis (e.g., at the end
of a semester or academic year) or as a result of a renovation, relocation, or
change in laboratory supervisor/occupant. A regularly scheduled removal of
unwanted material as required by subsection (9) of this section does not
qualify as a laboratory clean-out.
(f) "Laboratory worker" means a person who
handles chemicals and/or unwanted material in a laboratory and may include, but
is not limited to, faculty, staff, postdoctoral fellows, interns, researchers,
technicians, supervisors/managers, and principal investigators. A person does
not need to be paid or otherwise compensated for their work in the laboratory
to be considered a laboratory worker. Undergraduate and graduate students in a
supervised classroom setting are not laboratory workers.
(g) "Nonprofit research institute" means an
organization that conducts research as its primary function and files as a
nonprofit organization under the tax code of
26 U.S.C.
501(c)(3).
(h) "Reactive acutely hazardous unwanted
material" means an unwanted material that is one of the acutely hazardous
commercial chemical products listed in WAC
173-303-9903
for reactivity.
(i) "Teaching
hospital" means a hospital that trains students to become physicians, nurses,
or other health or laboratory personnel.
(j) "Trained professional" means a person who
has completed the applicable dangerous waste training requirements of WAC
173-303-200(1)(e)(i)
for large quantity generators, or is knowledgeable about normal operations and
emergencies in accordance with WAC 173-303-172(12)(c) for generators regulated
under WAC 173-303-172 and small quantity generators. A trained professional may
be an employee of the eligible academic entity or may be a contractor or vendor
who meets the requisite training requirements.
(k) "Unwanted material" means any chemical,
mixtures of chemicals, products of experiments or other material from a
laboratory that is no longer needed, wanted or usable in the laboratory and
that is destined for dangerous waste determination by a trained professional.
Unwanted materials include reactive acutely hazardous unwanted materials and
materials that may eventually be determined not to be solid waste pursuant to
WAC
173-303-016,
or a dangerous waste pursuant to WAC
173-303-070.
If an eligible academic entity elects to use another equally effective term in
lieu of unwanted material, as allowed by subsection (7)(a)(i) (A) of this
section, the equally effective term has the same meaning and is subject to the
same requirements as unwanted material under this section.
(l) "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.
(2) Purpose and applicability.
(a) Large quantity generators and medium
quantity generators . This section provides alternative requirements to the
requirements in WAC
173-303-070(3)
and 173-303-174 for the dangerous waste determination and accumulation of
dangerous waste in laboratories owned by eligible academic entities that choose
to be subject to this section, provided that they complete the notification
requirements in subsection (4) of this section.
(b) Small quantity generators. This section
provides alternative requirements to the conditional exemption in WAC
173-303-171 for the accumulation of dangerous waste in laboratories owned by
eligible academic entities that choose to be subject to this section, provided
that they complete the notification requirements of subsection (4) of this
section.
(3) This section
is optional.
(a) Large quantity generators
and medium quantity generators : Eligible academic entities have the option of
complying with this section with respect to its laboratories, as an alternative
to complying with the requirements of WAC
173-303-070(3)
and 173-303-174.
(b) Small quantity
generators: Eligible academic entities have the option of complying with this
section with respect to its laboratories, as an alternative to complying with
the conditional exemption of WAC 173-303-171.
(4) How an eligible academic entity indicates
it will be subject to the requirements of this section.
(a) An eligible academic entity must notify
the department in writing, using the Washington State Dangerous Waste Site
Identification form, that it is electing to be subject to the requirements of
this section for all the laboratories owned by the eligible academic entity
under the same EPA/state identification number. An eligible academic entity
that is a small quantity generator must notify that it is electing to be
subject to the requirements of this section for all the laboratories owned by
the eligible academic entities that are on-site. An eligible academic entity
must submit a separate notification (Washington State Dangerous Waste Site
Identification form) for each EPA/state identification number that is electing
to be subject to the requirements of this section, and must submit the
Washington State Dangerous Waste Site Identification form before it begins
operating under this section.
(b)
When submitting the Washington State Dangerous Waste Site Identification form,
the eligible academic entity must completely fill out the form according to the
form instructions including, but not limited to, the following fields:
(i) Reason for submittal;
(ii) Site EPA/state identification
number;
(iii) Site name;
(iv) Site location information;
(v) Site land type;
(vi) North American Industry Classification
System (NAICS) code(s) for the site;
(vii) Site mailing address;
(viii) Site contact person;
(ix) Operator and legal owner of the
site;
(x) Type of regulated waste
activity;
(xi)
Certification.
(c) An
eligible academic entity must keep a copy of the notification on file at the
eligible academic entity for as long as its laboratories are subject to this
section.
(d) A teaching hospital
that is not owned by a college or university must keep a copy of its formal
written affiliation agreement with a college or university on file at the
teaching hospital for as long as its laboratories are subject to this
section.
(e) A nonprofit research
institute that is not owned by a college or university must keep a copy of its
formal written affiliation agreement with a college or university on file at
the nonprofit research institute for as long as its laboratories are subject to
this section.
(5) How an
eligible academic entity indicates it will withdraw from the requirements of
this section.
(a) An eligible academic entity
must notify in writing, using the Washington State Dangerous Waste Site
Identification form, that it is electing to no longer be subject to the
requirements of this section for all the laboratories owned by the eligible
academic entity under the same EPA/state identification number and that it will
comply with the requirements of WAC
173-303-070(3)
and 173-303-174 for large quantity generators and for medium quantity
generators . An eligible academic entity that is a small quantity generator
must also notify that it is withdrawing from the requirements of this section
for all the laboratories owned by the eligible academic entity that are on site
under the same EPA/state identification number and that it will comply with the
conditional exemption in WAC 173-303-171. An eligible academic entity must
submit a separate notification (Washington State Dangerous Waste Site
Identification form) for each EPA/state identification number that is
withdrawing from the requirements of this section and must submit the
Washington State Dangerous Waste Site Identification form before it begins
operating under the requirements of WAC
173-303-070(3)
and 173-303-174 for large quantity generators and for medium quantity
generators and WAC 173-303-171 for small quantity generators.
(b) When submitting the Washington State
Dangerous Waste Site Identification form, the eligible academic entity must
completely fill out the form according to the form instructions including, but
not limited to, the following fields:
(i)
Reason for submittal;
(ii) Site
EPA/state identification number;
(iii) Site name;
(iv) Site location information;
(v) Site land type;
(vi) North American Industry Classification
System (NAICS) code(s) for the site;
(vii) Site mailing address;
(viii) Site contact person;
(ix) Operator and legal owner of the
site;
(x) Type of regulated waste
activity;
(xi)
Certification.
(c) An
eligible academic entity must keep a copy of the withdrawal notice on file at
the eligible academic entity for three years from the date of the
notification.
(6) Summary
of the requirements of this section. An eligible academic entity that chooses
to be subject to this section is not required to have interim status or a final
facility Part B permit for the accumulation of unwanted material and dangerous
waste in its laboratories, provided the laboratories comply with the provisions
of this section and the eligible academic entity has a laboratory management
plan (LMP) in accordance with subsection (15) of this section that describes
how the laboratories owned by the eligible academic entity will comply with the
requirements of this section.
(7)
Labeling and management standards for containers of unwanted material in the
laboratory. An eligible academic entity must manage containers of unwanted
material while in the laboratory in accordance with the requirements in this
section.
(a) Labeling: Label unwanted
material as follows:
(i) The following
information must 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;
(B) The date that the
unwanted material first began accumulating in the container; and
(C) 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;
(III) The risk(s)
associated with the unwanted material.
(ii) The following information may be affixed
or attached to the container, but must at a minimum be associated with the
container.
This includes information sufficient to allow a trained
professional to properly identify whether an unwanted material is a solid and
dangerous waste and to assign the proper dangerous waste code(s), pursuant to
WAC
173-303-070(3).
Examples of information that would allow a trained professional to properly
identify whether an unwanted material is a solid or dangerous waste include,
but are not limited to:
(A) The name
and/or 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;
(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 must
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 must
include the following:
(i) Containers are
maintained and kept in good condition and damaged containers are replaced,
overpacked, or repaired;
(ii)
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
(iii) Containers must
be 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.
(8) Training. An eligible academic
entity must provide training to all individuals working in a laboratory at the
eligible academic entity, as follows:
(a)
Training for laboratory workers and students must be commensurate with their
duties so they understand the requirements in this section 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:
(i)
Instruction by the professor or laboratory manager before or during an
experiment;
(ii) Formal classroom
training;
(iii) Electronic/written
training;
(iv) On-the-job training;
or
(v) Written or oral
exams.
(c) An eligible
academic entity that is a large quantity generator must maintain documentation
for the durations specified in WAC
173-303-330(3)
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:
(i) Sign-in/attendance sheet(s)
for training session(s);
(ii)
Syllabus for training session;
(iii) Certificate of training completion;
or
(iv) Test
results.
(d) A trained
professional must:
(i) Accompany the transfer
of unwanted material and dangerous waste when the unwanted material and
dangerous waste is removed from the laboratory; and
(ii) Make the dangerous waste determination,
pursuant to WAC
173-303-070(3),
for unwanted material.
(9) Removing containers of unwanted material
from the laboratory.
(a) Removing containers
of unwanted material on a regular schedule. An eligible academic entity must
either:
(i) Remove all containers of unwanted
material from each laboratory on a regular interval, not to exceed six months;
or
(ii) Remove containers of
unwanted material from each laboratory within six months of each container's
accumulation start date.
(b) The eligible academic entity must specify
in Part I of its laboratory management plan whether it will comply with (a)(i)
or (ii) of this subsection for the regular removal of unwanted material from
its laboratories.
(c) The eligible
academic entity must specify in Part II of its laboratory management plan how
it will comply with (a)(i) or (ii) of this subsection and develop a schedule
for regular removals of unwanted material from its laboratories.
(d) Removing containers of unwanted material
when volumes are exceeded.
(i) If a
laboratory accumulates a total volume of unwanted material (including reactive
acutely hazardous unwanted material) in excess of fifty-five gallons before the
regularly scheduled removal, the eligible academic entity must 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
fifty-five gallons is exceeded; and
(B) Are removed from the laboratory within
ten calendar days of the date that fifty-five gallons was exceeded, or at the
next regularly scheduled removal, whichever comes first.
(ii) If a laboratory accumulates more than
one quart (or 2.2 pounds) of reactive acutely hazardous unwanted material
before the regularly scheduled removal, the eligible academic entity must
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 (or 2.2 pounds) is
exceeded; and
(B) Are removed from
the laboratory within ten calendar days of the date that one quart (or 2.2
pounds) was exceeded, or at the next regularly scheduled removal, whichever
comes first.
(10) Where and when to make the dangerous
waste determination and where to send containers of unwanted material upon
removal from the laboratory.
(a) Large
quantity generators and medium quantity generators - An eligible academic
entity must ensure that a trained professional makes a dangerous waste
determination, pursuant to WAC
173-303-070(3),
for unwanted material in any of the following areas:
(i) In the laboratory before the unwanted
material is removed from the laboratory, in accordance with subsection (11) of
this section;
(ii) Within four
calendar days of arriving at an on-site central accumulation area, in
accordance with subsection (12) of this section; and
(iii) Within four calendar days of arriving
at an on-site interim status or permitted treatment, storage or disposal
facility, in accordance with subsection (13) of this
section.
(b) Small
quantity generators - An eligible academic entity must ensure that a trained
professional makes a dangerous waste determination, pursuant to WAC
173-303-070(3),
for unwanted material in the laboratory before the unwanted material is removed
from the laboratory, in accordance with subsection (11) of this
section.
(11) Making the
dangerous waste determination in the laboratory before the unwanted material is
removed from the laboratory. If an eligible academic entity makes the dangerous
waste determination, pursuant to WAC
173-303-070(3),
for unwanted material in the laboratory, it must comply with the following:
(a) A trained professional must make the
dangerous waste determination, pursuant to WAC
173-303-070(3),
before the unwanted material is removed from the laboratory.
(b) If an unwanted material is a dangerous
waste, the eligible academic entity must:
(i)
Write the words "hazardous waste" or "dangerous wastes" on the container label
that is affixed or attached to the container, before the dangerous waste may be
removed from the laboratory; and
(ii) Write the appropriate dangerous waste
code(s) on the label that is associated with the container (or on the label
that is affixed or attached to the container, if that is preferred) before the
dangerous waste is transported off-site; and
(iii) Count the dangerous waste toward the
eligible academic entity's generator status, pursuant to WAC 173-303-169, in
the calendar month that the dangerous waste determination was made.
(c) A trained professional must
accompany all dangerous waste that is transferred from the laboratory(ies) to
an on-site central accumulation area or on-site interim status or permitted
treatment, storage or disposal facility.
(d) When dangerous hazardous waste is removed
from the laboratory:
(i) Large quantity
generators and medium quantity generators must ensure it is taken directly from
the laboratory(ies) to an on-site central accumulation area, or on-site interim
status or permitted treatment, storage or disposal facility, or transported
off-site.
(ii) Small quantity
generators must ensure it is taken directly from the laboratory(ies) to any of
the types of facilities listed in WAC 173-303-171(1)(e) for dangerous
waste.
(e) An unwanted
material that is a dangerous waste is subject to all applicable dangerous waste
regulations when it is removed from the laboratory.
(12) Making the dangerous waste determination
at an on-site central accumulation area. If an eligible academic entity makes
the dangerous waste determination, pursuant to WAC
173-303-070(3),
for unwanted material at an on-site central accumulation area, it must comply
with the following:
(a) A trained professional
must 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) must 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
WAC
173-303-200
for large quantity generators or WAC 173-303-172 for medium quantity generators
as soon as it arrives in the central accumulation area.
(d) A trained professional must determine,
pursuant to WAC
173-303-070(3),
if the unwanted material is a dangerous waste within four calendar days of the
unwanted materials' arrival at the on-site central accumulation area.
(e) If the unwanted material is a dangerous
waste, the eligible academic entity must:
(i)
Write the words "hazardous waste" or "dangerous 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 dangerous
waste may be removed from the on-site central accumulation area;
(ii) Write the appropriate dangerous waste
code(s) on the container label that is associated with the container (or on the
label that is affixed or attached to the container, if that is preferred)
before the dangerous waste may be treated or disposed of on-site or transported
off-site;
(iii) Count the dangerous
waste toward the eligible academic entity's generator status, pursuant to WAC
173-303-169 in the calendar month that the dangerous waste determination was
made; and
(iv) Manage the dangerous
waste according to all applicable dangerous waste regulations.
(13) Making the
dangerous waste determination at an on-site interim status or permitted
treatment, storage or disposal facility.
If an eligible academic entity makes the dangerous waste
determination, pursuant to WAC
173-303-070(3),
for unwanted material at an on-site interim status or permitted treatment,
storage or disposal facility, it must comply with the following:
(a) A trained professional must accompany all
unwanted material that is transferred from the laboratory(ies) to an on-site
interim status or permitted treatment, storage or disposal facility.
(b) All unwanted material removed from the
laboratory(ies) must be taken directly from the laboratory(ies) to the on-site
interim status or permitted treatment, storage or disposal facility.
(c) The unwanted material becomes subject to
the terms of the eligible academic entity's dangerous waste permit or interim
status as soon as it arrives in the on-site treatment, storage or disposal
facility.
(d) A trained
professional must determine, pursuant to WAC
173-303-070(3),
if the unwanted material is a dangerous waste within four calendar days of the
unwanted materials' arrival at an on-site interim status or permitted
treatment, storage or disposal facility.
(e) If the unwanted material is a dangerous
waste, the eligible academic entity must:
(i)
Write the words "hazardous waste" or "dangerous 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 permitted treatment, storage or
disposal facility and before the dangerous waste may be removed from the
on-site interim status or permitted treatment, storage or disposal facility;
and
(ii) Write the appropriate
dangerous waste code(s) on the container label that is associated with the
container (or on the label that is affixed or attached to the container, if
that is preferred) before the dangerous waste may be treated or disposed
on-site or transported off-site; and
(iii) Count the dangerous waste toward the
eligible academic entity's generator status, pursuant to WAC 173-303-169 in the
calendar month that the dangerous waste determination was made; and
(iv) Manage the dangerous waste according to
all applicable dangerous waste regulations.
(14) Laboratory clean-outs.
(a) One time per twelve-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 this section,
except that:
(i) If the volume of unwanted
material in the laboratory exceeds fifty-five gallons (or one quart of liquid
or 2.2 pounds of solid 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 fifty-five gallons (or one
quart of liquid or 2.2 pounds of solid reactive acutely hazardous unwanted
material), as required by subsection (9) of this section. Instead, the eligible
academic entity must remove all unwanted materials from the laboratory within
thirty calendar days from the start of the laboratory clean-out; and
(ii) For the purposes of on-site
accumulation, an eligible academic entity is not required to count a dangerous
waste that is an unused commercial chemical product (listed in WAC
173-303-9903,
or exhibiting one or more characteristics in WAC
173-303-090
or exhibits a state criteria in WAC
173-303-100
) generated solely during the laboratory clean-out toward its dangerous waste
generator status, pursuant to WAC 173-303-169. 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 must be counted
toward dangerous waste generator status, pursuant to WAC 173-303-169, if it is
determined to be dangerous waste;
(iii) For the purposes of off-site
management, an eligible academic entity must count all its dangerous waste,
regardless of whether the dangerous waste was counted toward generator status
under (a)(ii) of this subsection, and if it generates more than 2.2
pounds/month of acute hazardous waste, more than 2.2 pounds of WT01 EHW or more
than two hundred twenty pounds/month of dangerous waste, the dangerous waste is
subject to all applicable dangerous waste regulations when it is transported
off-site; and
(iv) An eligible
academic entity must document the activities of the laboratory clean-out. The
documentation must, at a minimum, identify the laboratory being cleaned out,
the date the laboratory clean-out begins and ends, and the volume of dangerous
waste generated during the laboratory clean-out. The eligible academic entity
must maintain the records for a period of five years from the date the
clean-out ends; and
(b)
For all other laboratory clean-outs conducted during the same twelve-month
period, an eligible academic entity is subject to all the applicable
requirements of this section including, but not limited to:
(i) The requirement to remove all unwanted
materials from the laboratory within ten calendar days of exceeding fifty-five
gallons (or one quart of reactive acutely hazardous unwanted material), as
required by subsection (9) of this section; and
(ii) The requirement to count all dangerous
waste, including unused dangerous waste, generated during the laboratory
clean-out toward its dangerous waste generator status, pursuant to WAC
173-303-169.
(15) Laboratory management plan. An eligible
academic entity must develop and retain a written laboratory management plan,
or revise an existing written plan. The laboratory management plan is a
site-specific document that describes how the eligible academic entity will
manage unwanted materials in compliance with this section. An eligible academic
entity may write one laboratory management plan for all the laboratories owned
by the eligible academic entity that have opted into this section, even if the
laboratories are located at sites with different EPA/state identification
numbers. The laboratory management plan must contain two parts with a total of
nine elements identified in (a) and (b) of this subsection. In Part I of its
laboratory management plan, an eligible academic entity must describe its
procedures for each of the elements listed in (a) of this subsection. 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
(b) of this subsection. 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 this section.
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 must
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 must:
(i) Describe procedures
for container labeling in accordance with subsection (7)(a) of this section, as
follows:
(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, has the same meaning and is subject to the
same requirements as "unwanted material."
(B) Identifying the manner in which
information that is "associated with the container" will be imparted.
(ii) Identify whether the eligible
academic entity will comply with subsection (9)(a)(i) or (ii) of this section
for regularly scheduled removals of unwanted material from the
laboratory.
(b) In Part
II of its laboratory management plan, an eligible academic entity must:
(i) Describe its intended best practices for
container labeling and management (see the required standards in subsection (7)
of this section).
(ii) Describe its
intended best practices for providing training for laboratory workers and
students commensurate with their duties (see the required standards in
subsection (8)(a) of this section).
(iii) 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 in
subsection (8)(d)(i) of this section).
(iv) 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 in subsection (9)(a)(i) and (ii)
of this section).
(B) For removals
when maximum volumes are exceeded:
(I)
Describe its intended best practices for removing unwanted materials from the
laboratory within ten calendar days when unwanted materials have exceeded their
maximum volumes (see the required standards in subsection (9)(d) of this
section).
(II) Describe its
intended best practices for communicating that unwanted materials have exceeded
their maximum volumes.
(v) Describe its intended best practices for
making dangerous waste determinations, including specifying the duties of the
individuals involved in the process (see the required standards in WAC
173-303-070(3)
and subsections (10) through (13) of this section).
(vi) 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 subsection (14) of this
section, including:
(A) Procedures for
conducting laboratory clean-outs (see the required standards in subsection
(14)(a)(i) through (iii) of this section); and
(B) Procedures for documenting laboratory
clean-outs (see the required standards in subsection (14)(a)(iv) of this
section).
(vii) 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 designation of
unknown chemicals.
(c) An eligible academic entity must 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 must review
and revise its laboratory management plan, as needed.
(16) Unwanted material that is not solid or
dangerous waste.
(a) If an unwanted material
does not meet the definition of solid waste in WAC
173-303-016,
it is no longer subject to this section or to the dangerous waste
regulations.
(b) If an unwanted
material does not meet the definition of dangerous waste in WAC
173-303-070,
it is no longer subject to this subsection or to the dangerous waste
regulations, but must be managed in compliance with any other applicable
regulations and/or conditions.
(17) Nonlaboratory dangerous waste generated
at an eligible academic entity. An eligible academic entity that generates
dangerous waste outside of a laboratory is not eligible to manage that
dangerous waste under this section; and
(a)
Remains subject to the generator requirements of WAC
173-303-070(3),
173-303-170,
173-303-172 for medium quantity generators, and 173-303-200 through 173-303-201
for large quantity generators and all other applicable generator requirements
of chapter 173-303 WAC, with respect to that dangerous waste; or
(b) Remains subject to the conditional
exemption of WAC 173-303-171 for small quantity generators, with respect to
that dangerous waste.