mfety in the chernicol lcrborcrtory
edited by MALCOLM M. RENFREW University of Idaho MOSCOW.Idaho 83843
Self Audits of Hazardous Waste Operations in Laboratories Kenneth E. F i i h e r Environmental Protection Agency, National Enforcement Investigations Center, Building 53, Box 25227, Denver, CO 80225 Many laboratories, including some in colleges and universities, are considering the use of audits or inspections to ensure that their hazardous waste handline onerations
in the production and disposal of waste from a laboratory. At the present time, however, demanding environmental rules require campus managers and others to exercise greater care in handling and disposing of waste materials. Just keeoine ~. " abreast of the inrrc-:limylgrumplrx ha/xrduus u u t r rcgu I;ituni hai I k r ~ n l en chdlrw$~y task in it self. Complying with waste disposal regula tions is particularly important for teaching institutions because, ill graduating wellrounded scientists, they cannot overlook today's employment community that is demanding more attention to waste disposal rules. Moreover, those college, university, or other laboratories that analyze samples far state regulatory agencie must exercise caution that they do not promote state hazardous waste compliance by their analytical efforts on the one hand and, on the other hand, undermine it by providing a bad example. Rules governing hazardous waste activities have taken a different direction since 1980 when the first federal hazardous waste regulations were promulgated. At that time, understanding the Federal Resource Con~
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Kenneth Flscher has health and safety responsibilities at the USEPA's National Enforcement InvestigationsCenter in Denver, Colorado, and is chairman of a national group assisting EPA laboratories with waste disposal. He has provided assistance to federal and state organizations seeking to improve hazardous waste disposal practices, is on the American Industrial Hygiene Association and American Conference of Governmental Industrial Hygienists hazardous waste comminees, and has published on contracts to dispose of laboratorv hazardous waste and on other moralor, rop.cs Betore commg lo EPA n 1976, ne worned . w t h i n ~Western Elenroc Corporal on n naJJtr al hrg ene and engoneering for chemical remanufacturing and as5embly line processes.
servation and Recovery Act (RCRA) regulations and fallowing them was adequate, but since 1980 many states1 have assumed the lead role in regulating hazardous wastes, with the result that certain differences from federal regulations have occurred. While state requirements must be a t least as stringent as the federal RCRA rules (40 CFR 271.1). there is a growing number of examples of how state regulations differ. For example, New Jersey regulates as full generators those producing 100 kglmonth of nonaeute2 hazardous wastes, whereas the federal regulations allow 1,000 kglmonth. Some states require that a copy of the uniform hazardous waste shipping manifest be sentto them; others do not. In Kansas 25 kg1 month of nonacute hazardous waste constitutes a threshold for additional regulatory requirements, whereas the federal threshold is 100 kglmonth. Some state rules defining what constitutes a regulated waste are broader than the federal definition in RCRA. For example, some states regulate polychlorinated biphenyls (regulated under Federal Toxic Substances Control Act), used oil, and animal carcasses as hazardous wastes. Other differences exist in waste recycling, in authorization to transport waste for disposal, and in training (Colorado requires both onthe-job and classroom training for full generators; federal requirements allow either). Given thisgeographical variety in hazardous waste regulations, I will not present audit check lists with which to inspect one's laboratory for compliance. Rather, I will cover the following topical areas that seem to be common to bath state and federal regulations. Those areas are: waste determination:, faeilitv reouirements: use of the manifest.: and site selection ..., vendor. transoorter.,~ requirements; training, contingency planning, and documentation. Where check lists are still desired, references will be provided. ~~
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Waste Determlnaih State and federal codes require the generator to determine what wastes are regulated, and an audit might well begin here. Material analyses are used, but they are not always required as, for example, with a material that is already known, such as acetone. Other materials, however, must be analyzed. Campus managers and others do not want the surprise that a sector of the molding industry received in 1986: assuming exhaust
Volume 64
filter media from molding operations contained nonregulated waste, managers disposed of Lhr filter media in ordinary landfills until ehromium(V1) concentrations were discovered. The chromium was coming from firebricks in kilns.
Facility Requirements The holding area where wastes are aecumulated before shipment for disposal must satisfy minimum safety and security requirements, and these should be included in an audit. Most laboratories, including those in colleges and universities, have ignitable (flashpoint below 140 OF.) wastes, and National Fire Protection Association Code 30, the Flammable and Combustible Liquids Code, provides a good basis for fire safety. Federal and many state hazardous waste rules cite this code in their regulations (federal: 40 CFR 260.11). States generally follow the federal rule I40 CFR 265.32) on facility requirements far storage. For hazardous wastes accumulated in amounts over threshold quantities, an internal communications or alarm system, a telephone or two-way radio, spill and decantamination control equipment, and water or foam extinguishing equipment is required. Also, waste containers must be in good candition, compatible with the waste stored, and marked andlabelled properly. Ignitable or reactive wastes must be kept a t least 50 feet from the facility property line.
Use of the Manifest Although certain uniform hazardous waste manifest and state and federal natification requirements are relaxed for laboratories generating hazardous waste in amounts below small quantity generator thresholds, educational laboratories and others have found that many treatment, storage, and disposal facilities (TSD's) and transporters will not do business with them unless the manifest and identification numbers are used. The proper use of the manifest, accuracy in filling it out, and use of the identification numbers is a priority item in any audit. The choice of a transporter, and especially of aTSD, is an important consideration in itself because proper hazardous waste dis~ o s a remains l the responsibility of the gen(Continued on page A2081
Number 9
September 1987
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Other Points of Inspection
erator, long after actual disposal. The federal EPA has published the fallowing site selection criteria3 for Superfund waste (waste disposed of from Superfund action cleanups), which may be applied to waste from laboratories. These criteria are, briefly: to consider recycling or treatment before land disposal and to select a site with an applicable permit, a recent inspection, and no significant violations or environmental conditions that affect satisfactory operation. For land disposal, this site must have a double liner and leachate detection, collection, and removal systems above and between the liners. (Land disposal options are quickly narrowing as state and federal land ban regulations become effective.) While state and federal regulations do not require a thorough analysis of a transporter or TSD, laboratory managers should include this in an audit because of the significant liability for improper transport or disposal.'
Trainlng and Contingency Plannlng While most state and federal hazardous waste codes contain detailed requirements for personnel training and contingency planning, these requirements apply only to full quantity generators. For other generators, frequently smaller college and university laharatories, I suggest that such rules he used as guidance for regulated waste handling programs even though strict observance is not required.
Accumulation Tlme Most hazardous waste codes are quite specific about quantities of wastes and the lengthof time they may be held before shipment for disposal. An inspection of manifests, quantities on hand, and shipping practices will show whether any trigger quantities have been reached. The management of accumulation quantities and the type of waste is an inspection item for any hazardous waste audit. While many aspects of an audit are important, few could be deemed more imoortant than waste ouanti-
violation.
Documentation Waste shipments are recorded through the manifest system. In addition, larger generators must retain copiesof annual or biennial reports, training and other records. The production and retention of many other records is not required; however, it is wise to keep records in order to show good faith efforts at compliance. Such records could be analyses showing that certain discarded mate ria!^ are not regulated, records of meetings where waste disposal was discussed, efforts a t waste minimization, dealings with waste exchanges, analyses of effluent wastewater from lab drains to publicly owned treatment works, etc. (Wastes in such effluent are generally exempted from hazardous waste regulations, but covered by other federal, state, and local rules.)
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Journal of Chemical Education
Underground storage tanks (not flowthrough tanks like laboratary acid neutralizing tanks) are becoming increasingly regulated and their compliance with state and federal regulations forms the proper subject of inspection, as well as efforts a t treating waste in accumulation tanks or containers, for which a generator does not require a federal permit if done within the 90-day aecumulation timeframe (federal: Monday, March 24, 1986, Federal Register, Vol. 51, No. 56, p 10168). Finally, hazardous waste audits can form part of a wider inspection effort aimed a t other elements of environmental compliance or occupational health and safety compliance.
Related Regulations Laboratories are subject to federal rules (Tuesday, January 27,1981, Federal Regis-
ter, Vol. 52, No. 17) promulgated under Title I11 of the Superfund Amendments and Reauthorization Act of 1986, called the "Emergency Planning and Community Right-to-Know Act of 1986". and colleges and universities must check to see if they must notify their state emergency response commission on quantities of hazardous substances on hand. The rule exempts suhstances used in research laboratories, hospitals, and medical facilities under the direct supervision of a technically qualified individual. Recent federal, state, and local right-toknow rules on employee hazard information relate to hazardous waste disposal repulations. Even though hazardous waste 6 explicitly excluded from federal right-to-know rules 129CFR 1910.1200(b)(5)1. . . ..,an incomine lab chemical is not excluded from this rut and the chemical eventually finds its way into the hazardous waste stream. Proposed Federal Occupational Safety and Health regulations (Thursday, July 24, 1986, Federal Register, Vol. 51, No. 142) on laboratory health and safety standards also cover waste handling, and compliance with these reouirements in the future will ~~-also ~~~form the subject of laboratory regulated waste audits. ~
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Oiher Conslderatlons When the college or university conducts its own audit, the interplay of an outside inspector's subjective views with the objective regulatory requirements is an important consideration. One purpose of the selfaudit is to be prepared for a local, state, or federal inspection, and the "ideal" inspector should measure his or her findings by the objective requirements of the regulations; however, because different inspectors understand or apply rules differently, it might be said that thereare as many inspections as there are inspectors, even though the goal is to make a fair, thorough, and objective inspection. Therefore, when conducting a self audit, campus personnel should be detailed and thorough enough to satisfy, for lack of a better word, the "fussiest" inspector. The payback from such attention to detail is not only to pass an outside inspection with flying colors but also to provide management
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with the assurance that the lab has in place a high quality hazardous waste handling and disposal operation. Managersare sometimes hesitant t o make an audit or inspection for fear that the results may he used against them. In a n environmental audrting puliry statement (July 9,1986, F
