[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.107]

[Page 242-243]
 
                   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 
                           Management Standard
 
Sec. 262.107  Under what circumstances will a university's participation in 

this environmental management standard pilot be terminated?

    (a) EPA retains the right to terminate a University's participation 
in this Laboratory XL project if the University:
    (1) Is in non-compliance with the Minimum Performance Criteria in 
Sec. 262.104; or
    (2) Has actual environmental management practices in the laboratory 
that do not conform to its Environmental Management Plan; or
    (3) Is in non-compliance with the Hazardous Waste Determination 
requirements of Sec. 262.106.
    (b) In the event of termination, EPA will provide the University 
with 15 days written notice of its intent to terminate. During this 
period, which commences upon receipt of the notice, the University will 
have the opportunity to come back into compliance with the Minimum 
Performance Criteria, its Environmental Management Plan, or the 
requirements for making a hazardous waste determination at Sec. 262.106 
or to provide a written explanation as to why it was not in compliance 
and how it intends to return to compliance. If, upon review of the 
University's written explanation, EPA then re-issues a written notice 
terminating the University from this XL Project, the provisions of 
paragraph (c) of this section will immediately apply and the University 
shall have 90 days to come into compliance with the applicable RCRA 
requirements deferred by Sec. 262.10(j). During the 90-day transition 
period, the provisions of this subpart shall continue to apply to the 
University.
    (c) If a University withdraws from this XL project, or receives a 
notice of termination pursuant to this section, it must submit to EPA 
and the state a schedule for returning to full compliance with RCRA 
requirements at the laboratory level. The schedule must

[[Page 243]]

show how the University will return to full compliance with RCRA within 
90 days from the date of the notice of termination or withdrawal.