[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.104]

[Page 238-239]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of 
 
 Subpart J_University Laboratories XL Project_Laboratory Environmental 
 
Sec. 262.104  What are the minimum performance criteria?

    The Minimum Performance Criteria that each University must meet in 
managing its Laboratory Waste are:
    (a) Each University must label all laboratory waste with the general 
hazard class and either the words ``laboratory waste'' or with the 
chemical name of the contents. If the container is too small to hold a 
label, the label must be placed on a secondary container.
    (b) Each University may temporarily hold up to 55 gallons of 
laboratory waste or one quart of acutely hazardous laboratory waste, or 
weight equivalent, in each laboratory, but upon reaching these 
thresholds, each University must mark that laboratory waste with the 
date when this threshold requirement was met (by dating the container(s) 
or secondary container(s)).
    (c) Each university must remove all of the dated laboratory waste 
from the laboratory for delivery to a location identified in paragraph 
(i) of this section within 30 days of reaching the threshold amount 
identified in paragraph (b) of this section.
    (d) In no event shall the excess laboratory waste that a laboratory 
temporarily holds before dated laboratory waste is removed exceed an 
additional 55 gallons of laboratory waste (or one additional quart of 
acutely hazardous laboratory waste). No more than 110 gallons of 
laboratory waste total (or no more than two quarts of acutely hazardous 
laboratory waste total) may be temporarily held in a laboratory at any 
one time. Excess laboratory waste must be dated and removed in 
accordance with the requirements of paragraphs (b) and (c) of this 
section.
    (e) Containers of laboratory wastes must be:
    (1) Closed at all times except when wastes are being added to 
(including during in-line waste collection) or removed from the 
container;
    (2) Maintained in good condition and stored in the laboratory in a 
manner to avoid leaks;
    (3) Compatible with their contents to avoid reactions between the 
waste and its container; and must be made of, or lined with, materials 
which are compatible with the laboratory wastes to be temporarily held 
in the laboratory so that the container is not impaired; and
    (4) Inspected regularly (at least annually) to ensure that they meet 
requirements for container management.
    (f) The management of laboratory waste must not result in the 
release of hazardous constituents into the land, air and water where 
such release is prohibited under federal law.
    (g) The requirements for emergency response are:
    (1) Each University must post notification procedures, location of 
emergency response equipment to be used by laboratory workers and 
evacuation procedures;
    (2) Emergency response equipment and procedures for emergency 
response must be appropriate to the hazards in the laboratory such that 
hazards to human health and the environment will be minimized in the 
event of an emergency;
    (3) In the event of a fire, explosion or other release of laboratory 
waste which could threaten human health or the environment, the 
laboratory worker must follow the notification procedures under 
paragraph (g)(1) of this section.
    (h) Each University must investigate, document, and take actions to 
correct and prevent future incidents of hazardous chemical spills, 
exposures and other incidents that trigger a reportable emergency or 
that require reporting under paragraph (g) of this section.
    (i) Each University may only transfer laboratory wastes from a 
laboratory:
    (1) Directly to an on-site designated hazardous waste accumulation 
area. Notwithstanding 40 CFR 263.10(a), each University must comply with 
requirements for transporters set forth in 40 CFR 263.30 and 263.31 in 
the event of a discharge of laboratory waste en route from a laboratory 
to an on-site hazardous waste accumulation area; or
    (2) To a treatment, storage or disposal (TSD) facility permitted to 
handle the waste under 40 CFR part 270 or in interim status under 40 CFR 
parts 265 and 270 (or authorized to handle the waste by a state with a 
hazardous waste management program approved

[[Page 239]]

under 40 CFR part 271) if it is determined in the laboratory by the 
individuals identified in Sec. 262.105(b)(3) to be responsible for 
waste management decisions that the waste is a hazardous waste and that 
it is prudent to transfer it directly to a treatment, storage, and 
disposal facility rather than an on-site accumulation area.
    (j) Each University must ensure that laboratory workers receive 
training and are provided with information so that they can implement 
and comply with these Minimum Performance Criteria.