[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.102]

[Page 185-187]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
 
Subpart J--University Laboratories XL Project--Laboratory Environmental 
                           Management Standard
 
Sec. 262.102  What special definitions are included in this subpart?

    For purposes of this subpart, the following definitions apply:
    Acutely Hazardous Laboratory Waste means a laboratory waste, defined 
in the Environmental Management Plan as posing significant potential 
hazards to human health or the environment and which must include RCRA 
``P'' wastes, and may include particularly hazardous substances as 
designated in

[[Page 186]]

a University's Chemical Hygiene Plan under OSHA, or Extremely Hazardous 
Substances under the Emergency Planning and Community Right to Know Act.
    Emergency means any occurrence such as, but not limited to, 
equipment failure, rupture of containers or failure of control equipment 
which results in the potential uncontrolled release of a hazardous 
chemical into the environment and which requires agency or fire 
department notification and/or reporting.
    Environmental Management Plan (EMP) means a written program 
developed and implemented by the university which sets forth standards 
and procedures, responsibilities, pollution control equipment, 
performance criteria, resources and work practices that both protect 
human health and the environment from the hazards presented by 
laboratory wastes within a laboratory and between a laboratory and the 
hazardous waste accumulation area, and satisfies the plan requirements 
defined elsewhere in this Subpart. Certain requirements of this plan are 
satisfied through the use of the Chemical Hygiene Plan (see, 29 CFR 
1910.1450), or equivalent, and other relevant plans, including a waste 
minimization plan. The elements of the Environmental Management Plan 
must be easily accessible, but may be integrated into existing plans, 
incorporated as an attachment, or developed as a separate document.
    Environmental Objective means an overall environmental goal of the 
organization which is verifiable.
    Environmental Performance means results of the data collected 
pursuant to implementation of the Environmental Management Plan as 
measured against policy, objectives and targets.
    Environmental Target means an environmental performance requirement 
of the organization which is quantifiable, where practicable, verifiable 
and designed to be achieved within a specified time frame.
    Hazardous Chemical means any chemical which is a physical hazard or 
a health hazard. A physical hazard means a chemical for which there is 
scientifically valid evidence that it is a combustible liquid, a 
compressed gas, explosive, flammable, an organic peroxide, an oxidizer, 
pyrophoric, unstable (reactive) or water-reactive. A health hazard means 
a chemical for which there is statistically significant evidence based 
on at least one study conducted in accordance with established 
scientific principles that acute or chronic health effects may occur in 
exposed employees. The term ``health hazard'' includes chemicals which 
are carcinogens, toxic or highly toxic agents, reproductive toxins, 
irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, 
neurotoxins, agents which act on the hematopoietic system and agents 
which damage the lungs, skin, eyes or mucous membranes.
    Hazardous Chemical of Concern means a chemical that the organization 
has identified as having the potential to be of significant risk to 
human health or the environment if not managed in accordance with 
procedures or practices defined by the organization.
    Hazardous Waste Accumulation Area means the on-site area at a 
University where the University will make a solid and hazardous waste 
determination with respect to laboratory wastes.
    In-Line Waste Collection means a system for the automatic collection 
of laboratory waste which is directly connected to or part of a 
laboratory scale activity and which is constructed or operated in a 
manner which prevents the release of any laboratory waste therein into 
the environment during collection.
    Laboratory means, for the purpose of this Subpart, an area within 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. The physical extent of individual 
laboratories within an organization will be defined by the Environmental 
Management Plan. A laboratory may include more than a single room if the 
rooms are in the same building and under the common supervision of a 
laboratory supervisor.
    Laboratory Clean-Out means an evaluation of the chemical inventory 
of a laboratory as a result of laboratory renovation, relocation or a 
change in laboratory supervision that may result in the transfer of 
laboratory wastes to

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the hazardous waste accumulation area.
    Laboratory Environmental Management Standard means the provisions of 
this Subpart and includes the requirements for preparation of 
Environmental Management Plans and the inclusion of Minimum Performance 
Criteria within each Environmental Management Plan.
    Laboratory Scale means work with substances in which containers used 
for reactions, transfers and other handling of substances are designed 
to be safely and easily manipulated by one person. ``Laboratory Scale'' 
excludes those workplaces whose function is to produce commercial 
quantities of chemicals.
    Laboratory Waste means a hazardous chemical that results from 
laboratory scale activities and includes the following: excess or unused 
hazardous chemicals that may or may not be reused outside their 
laboratory of origin; hazardous chemicals determined to be RCRA 
hazardous waste as defined in 40 CFR Part 261; and hazardous chemicals 
that will be determined not to be RCRA hazardous waste pursuant to Sec. 
262.106.
    Laboratory Worker means a person who is assigned to handle hazardous 
chemicals in the laboratory and may include researchers, students or 
technicians.
    Legal and Other Requirements means requirements imposed by, or as a 
result of, governmental permits, governmental laws and regulations, 
judicial and administrative enforcement orders, non-governmental legally 
enforceable contracts, research grants and agreements, certification 
specifications, formal voluntary commitments and organizational policies 
and standards.
    Senior Management means senior personnel with overall 
responsibility, authority and accountability for managing laboratory 
activities within the organization.
    Universities means the following academic institutions; University 
of Vermont, Boston College, and the University of Massachusetts Boston, 
which are participants in this Laboratory XL project and which are 
subject to the requirements set forth in this Subpart J.