Subpart K: The New Hazardous Waste Rule for Colleges and Universities – To Opt in or not?

1. Subpart K: The New Hazardous Waste Rule for Colleges and Universities – To Opt in or not? Presented by: Rebecca Steiner Milwaukee School of Engineering Victoria Justus Turning Bird Consulting

2. What is Subpart K? • Published December 1, 2008 • Effective December 31, 2008 • Must be ratified by each state

3. LMP Applicability • Science Laboratories and Classrooms • Art studios • Photo labs • Teaching hospitals and labs associated with a university • Affiliated research laboratories and entities

4. LMP Exclusions • Non-science academic buildings • Athletics • Dormitories and Residential apartments • Dining Commons • Maintenance and janitorial • Agricultural or farm management areas

5. Applicability • Optional • Institution must opt in and opt out • Applies equally all generators • “Performance-based”

6. Key aspects of Subpart K • “Working containers” • Limited treatment of some hazardous wastes • Ability to move hazardous wastes between labs • Ability to clean out labs without affecting the generator status

7. Key Aspects of Subpart K • Waste characterizations and determinations • Hazardous wastes must be cleaned out of the labs every 6 months…no exceptions • Trained professional must accompany waste transfer out of lab

8. Key Aspects of Subpart K • Students must be trained commensurate to duties, • Institution must have an trained professional who assists the institution with compliance , and • The institution must have a written site-specific LMP that meets 9 EPA criteria.

9. Laboratory Management Plan Elements Part 1 • Term for “unwanted” materials • Will the institution remove unwanted materials from laboratories every 6 months or 6 months from containers start date?

10. Laboratory Management Plan Elements Part 2 3. Working containers • Training for laboratory workers /students • Training for individuals who will transfer unwanted materials

11. Laboratory Management Plan Elements • Schedule for removal of unwanted materials prior to 6 month mark • Procedures for HW determinations and characterizations 8. Procedures for laboratory cleanouts 9. Procedures for emergency prevention, notification and response

12. Laboratory Cleanouts • Unused does not count toward generator status • 30 days to conduct cleanout • Must be documented • Limited to 1 cleanout per lab • Used chemicals count towards generator status

13. Moving Chemicals between Labs • Must retain the original accumulation start date • Be removed within 6 months from accumulation start date.

14. Consolidation of Materials • If combining contents, use the earliest date • Make hazardous waste determination prior to being shipped off-site

15. Working Containers • 2 gallons or less • May be open until end of session or full, whichever is less • May be placed on bench or at equipment that requires venting or constant drainage

16. Treatment of unwanted materials • Elementary Neutralization • Evaporated to a salt, if aqueous • Distilled and reused • Acids and Bases may be mixed

17. Satellite Accumulation Areas (SAA) • Maximum of 55 gallons of a hazardous waste or 1 quart of an acutely hazardous waste • Compatible chemical storage • Closed or capped containers • Compatible containers, not rusty or damaged • Proper labeling and signage

18. SAAs • Full containers removed within 10 days • May be moved from one SAA to another • Labeled with “Unwanted material” • Labeled with the “Start date” • Labeled with the contents (name or class) • Containers must be removed within 6 months

19. Implementing Subpart K at the Milwaukee School of Engineering Moving to the practical application of Subpart K

20. Someone Had to be First! • In December 2008, WAICU approached WDNR • January 30, 2009, WDNR issued an enforcement discretion memorandum • Milwaukee School of Engineering opted in at the end of February 2009

21. Why are we are here? • MSOE elected to be the first institution in the nation • Set the standard • Understood that all eyes would be their implementation

22. Implementation at MSOE • Started as part of a corrective action under the WAICU peer audit environmental compliance project • Setting precedent at a state and national level • Developed new Laboratory Management Plan • Trained all faculty and staff • Established guidelines for student training requirements

23. New LMP rules Actual Implementation at MSOE

24. Where did MSOE start? • MSOE started at ground zero • Each department did their own thing • Minimal administrative oversight • No training • Minimal documentation • No EHS professional • MSOE joined WAICU peer audit program

25. Audit findings

26. Audit findings

27. Audit findings

28. Where is MSOE now? • Campus-wide chemical cleanout • Documentation and records management system • Training program • Environmental programs • OSHA programs • EHS assistance/ EHS officer • Environmental Working Committee • MSDS database • New CSA • …Culture Change

29. MSOE SAAs

30. MSOE SAAs

31. SAA Labeling LABORATORY CLEANOUT – UNWANTED MATERIAL Date: _____________________ HAZARDOUS WASTE – UNDERGOING AQUEOUS EVAPORATION ONLY Date Placed in SAA _______________________  HAZARDOUS WASTE – WORKING CONTAINER Must be closed or transferred to a new Container at the end of the period or process HAZARDOUS WASTE Date Placed in SAA __________________

32. SAA Labeling Hazardous Waste Collection Container Lab Supervisor: Labeled By: (Print Names) Start Date: Department: Room: Full Date: Xfer Date: Hazards: Waste Components: Percent _ |_| Ignitable % |_| Corrosive |_| Reactive % |_| Organic Peroxide |_| Oxidizer % |_| Toxic/Poison |_| Carcinogen % |_| Cyanide _ % |_| Other _ % |_| Aqueous - pH = |_| Halogenated Solvents Total Quantity: Units: If you have questions, contact Pete Hanson, 414-277-7157.

33. What have been our challenges? • Defining “Laboratory” at an engineering institution • Determining what issues needed to be covered in the LMP • Who writes the specific lab protocols?

34. EPA’s Definition of a Lab An area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production 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.

35. OSHA’s Definition of a Lab Laboratory means a facility where the "laboratory use of hazardous chemicals" occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a non-production basis.

36. Definition of a “Laboratory” at MSOE • Any area that conducts tests, experiments, or investigations through research or teaching • Any academic setting where nursing practices, artistic endeavors or architectural engineering projects take shape • Any academic or research area where chemicals or radioactive materials are used • Any academic or research area where engineering principles are discovered or pursued

37. Implementation • Campus-wide LMP • Training for lab technicians and select faculty • Additional training for lab technicians • Training for ALL faculty in early May • Training for students in fall 2009

38. MSOE requirements for each laboratory • Laboratory-specific protocol • Material Safety Data Sheets (MSDSs) • Label Chemical Containers and unwanted materials • Annual Chemical Inventories • Training Records • Laboratory Cleanouts

39. MSOE LMP Training Frequency • Refresher every two years for Faculty and Staff • Students must be trained in labs every quarter • Retraining in certain situations

40. What has to be Communicated to the MSOE Students? • PPE and dress code requirements, • MSDS location & pertinent info, • Chemical safety and handling info, • Hazardous Waste (HW) disposal reqts, • Emergency equipment, • Emergency actions, and the • Location of rally point.

41. Faculty Resistance • Writing individual LMP protocols for EVERY lab • Mandatory training AND retraining requirements • Finding TIME for NEW requirements • Training students every quarter • Trying to set limitation on students • CHANGE from the OLD way

42. Constant Management • Daily management and surveillance • Diligence • Administrative support • Documentation review/records • Professors manage HW, not lab techs • Consolidated HW disposal services

43. Where are we headed next? • Moving to green chemistry experiments • Reducing quantities of chemicals in stockroom • Reducing quantities of hazardous wastes generated

44. Questions?

45. Contact Information Rebecca Steiner steiner@msoe.edu Milwaukee School of Engineering Chemistry Lab Technician MSOE Physics & Chemistry Dept. 1025 N. Broadway Milwaukee, WI 53202 Ph. 414-277-6928 Victoria Justus victoria@turningbird.com Turning Bird Consulting, Ltd. 1205 Two Island Court, #204 Mount Pleasant, SC 29464 Ph. 843-218-6833 Cell 717-418-3342