Local Navigation

• Region 2 Home
• A to Z Index
• Recursos en Español
• 
• 
• Media Center
• News

  ---

• Pollution Prevention
• Federal Facilities
• Business & Industry
• Agriculture
• Compliance Incentives
• Environmental
    Managment System
• Enforcement

Serving New Jersey, New York, Puerto Rico, US Virgin Islands and 7 Tribal Nations

Contact Us Search: All EPA This Area

• You are here: EPA Home
• Region 2
Programs > Compliance > Colleges and Universities > Questions and Answers from EPA's Compliance Assistance Seminars

Questions and Answers from EPA's Compliance Assistance Seminars

Questions from the SUNY Environmental Health and Safety Association Membership to EPA
1. Issue 1 - Overlap of EPA policy and state authority
2. Issue 2 - Overlap of EPA audits and state enforcement
3. Issue 3 - Determination of hazardous waste (RCRA) generator category
4. Issue 4 - Regulation of multiple entities/agencies generating hazardous waste on a single campus
5. Issue 5 - Definition of at or near any point of generation where wastes initially accumulate under RCRA
6. Issue 6 - Fluorescent light bulbs: Bulbs with green end caps
7. Issue 7 - Fluorescent light bulbs: Requirements for CESQG
8. Issue 8 - Fluorescent light bulbs: If bulbs pass TCLP test
9. Issue 9 - Fluorescent light bulbs: Corresponding state regulations
10. Issue 10 - Fluorescent light bulbs: Waste determination and representative sampling
11. Issue 11 - NYSDEC annual audit requirement and EPA self-disclosure policy
12. Issue 12 - Self-disclosure to EPA and potential state fines
13. Issue 13 - EPA targeting criteria (Federal grant recipients)
Other University Environmental Questions Received by EPA
1. Issue 1 - Disposal of Recombinant DNA contaminated with Ethidium bromide (EtBr)

---

Questions from the SUNY Environmental Health and Safety Association Membership to EPA

1. Adhering to the self-disclosure policy will minimize financial penalties from the EPA, but what relationship will develop with the DEC or DOL or other agencies involved with similar if not duplicate regulations? Will self-disclosure minimize penalties from the EPA only to result in duplicate penalties from other regulatory agencies?
   
   
   • EPA works closely with NYSDEC and other state regulatory agencies to minimize or eliminate duplication of effort and to coordinate our compliance activities. We are continuing this practice with the University Initiative and we do not anticipate any difficulties in this area in administering our self-disclosure policy.
   _____
2. If this is not a joint effort with the federal and state agencies, will having an EPA audit that identifies violations possibly also result in state violations and penalties?
   
   
   • See response to Question 1.
   _____
3. A campus is a SQG and assumes it will remain a SQG for the entire calendar year so it allows for unpermitted hazardous waste storage for lab wastes for 180 days - removal to commence during Spring Break. In December, another state entity removes a sufficient quantity of PCB oil or other hazardous waste from the campus to change the classification to an LQG. The hazardous waste in storage has already exceeded the 90 day limit - as the assumption was that the facility would be an SQG for that year. Is the facility now out of compliance due to the unpermitted storage for greater than 90 days?
   
   
   • The March 24, 1986 Federal Register addressed this very issue on page 10153, Determination of Generator Status. An example is given of a generator that usually generates between 100 and 1000 kg/mo, but exceeds 1000 kg in one month. In this example, the generator is subject to the large quantity generator requirements in that month. Any hazardous waste generated during that month is subject to full regulation until it is removed from the generator's site. If that fully regulated hazardous waste is mixed or combined with hazardous waste generated in a previous month when the generator was either a conditionally-exempt or small quantity generator, then the total mixture is subject to full regulation (e.g., less than 90-day storage without a permit). If, on the other hand, the generator stores separately the hazardous waste previously generated in month when the generator was either a conditionally-exempt or small quantity generator, then the previous months hazardous waste is only subject to the conditionally-exempt or small quantity generator requirements, as applicable. So, in your case, given only the presented facts, your facility was not out of compliance as the hazardous waste in storage had not exceeded the 180 day limit.
   _____
4. SUNY campuses are in the unique and unfortunate situation of being RCRA facilities on which projects generating hazardous waste are conducted by other state entities. Please explain how a situation would be handled when a separate state entity operates a fluorescent bulb removal project or PCB removal project on a campus and does not adhere to RCRA regulations or campus policy for handling/storage of hazardous waste - knowing that the campus, as the facility, is ultimately responsible for the waste, but powerless to force contractor compliance. Would disclosing these noncompliances to the EPA be considered a third-party disclosure? Is the EPA investigating only facilities, and not agencies that control hazardous waste operations on the facilities?
   
   
   • Both the contractor and the facility (university) are responsible and both can be held accountable for environmental compliance. In the advent of a self-disclosure involving contractor operations, EPA would use its enforcement discretion to target the party determined to be predominately responsible for non-compliance. Thus, while the onus remains on the facility (university) to achieve and maintain compliance, EPA recognizes the unique constrains facing state universities regarding other state entities operating on campus.
   _____
5. Is there a written USEPA interpretation of "at or near any point of generation where wastes initially accumulate..." with respect to satellite areas (specifically, what is acceptable in terms of "at or near" in laboratory settings) Ref: 40 C.F.R. § 262.34(c)(1)?
   
   
   • In the preamble to the final satellite accumulation rule, 49 Federal Register 49568, 49569 (December 20, 1984), EPA gives several examples meant to provide guidance on "at or near any point of generation where wastes initially accumulate..." In addition, EPA New England Region (Region 1) has interpretive guidance.
   _____
6. With regard to mercury bulbs, can so-called "green" fluorescent bulbs (i.e., bulbs with green end caps) be placed in dumpsters and disposed of with non-hazardous wastes in the regular trash?
   
   
   • The universal waste rule applies only to the four waste streams that would otherwise be regulated as hazardous waste, such as those bulbs that would release more than 0.2 mg/l mercury when tested using the TCLP test, which is used to determine constituents contained in the waste. Commercially-generated bulbs that pass the TCLP test, as well as bulbs generated by households, can be included in the municipal solid waste (MSW) stream for disposal at landfills. Commercial generators must use the TCLP test or knowledge of the bulbs (e.g., manufacturers specifications or MSDS) to determine if the bulb is non-hazardous and must retain records of the waste determination. If used bulbs generated by colleges or universities are determined to be hazardous, they cannnot be placed in dumpsters and disposed of as MSW. Rather, they must be managed as universal waste or hazardous waste.
     
     While many bulbs with green ends may not exceed the 0.2 mg/l threshold, they may still contain mercury in smaller amounts than standard bulbs. Since EPA has a goal of eliminating mercury releases to landfills, we advise you discuss with your recycler whether they will recycle the green end bulbs. If they will, and you choose to recycle these bulbs, it may be simplest and safest to manage all bulbs together. In fact, some battery recyclers have begun to request that clients follow the Universal Waste Rule management requirements as a best management practice even in cases where it might not otherwise be required.
   _____
7. As a CESQG, can I place fluorescent and other mercury-containing bulbs in the dumpster for disposal with non-hazardous solid waste?
   
   
   • No. Specifically, conditionally exempt, small quantity, or large quantity hazardous waste generators must not put hazardous waste lamps in the trash dumpster. Lamps being handled under the Universal Waste Rule cannot be put in the trash dumpster because they would not be handled in a way to minimize breakage. Generators of universal waste lamps can self-transport up to 500 lbs of lamps per shipment to another universal waste handler, a universal waste destination facility, or to an appropriate treatment or disposal facility under the provisions of 6 NYCRR Part 364. This response was adapted from the NYSDECs guidance on Regulation of Fluorescent Lamps.
   _____
8. Same as above, But what if Bulbs Pass the TCLP [i.e., release less than 0.2 mg/l mercury when tested using the TCLP test]?
   
   
   • If the lamps do not fail the TCLP, such lamps may be managed as non-hazardous industrial/commercial wastes. Please see 6 NYCRR Part 360 for further information. If the non-hazardous lamps are commingled with universal waste lamps, all of the waste is regulated as either universal waste or hazardous waste. The EPA and NYSDEC strongly encourages the recycling of any lamps containing mercury. This response was adapted from the NYSDECs guidance on Regulation of Fluorescent Lamps.
   _____
9. As per 7 and 8 above, What if the DEC says different? WHO RULES?
   
   
   • In general, the more stringent of the two rulings would apply. However, the above responses were adapted from the NYSDECs guidance on Regulation of Fluorescent Lamps to minimize any regulatory interpretation differences between EPA and NYSDEC.
   _____
10. Back a couple of years ago, we performed a TCLP test for Hg [mercury] on what we felt were representative samples of fluorescent light bulbs and they passed. How many samples are necessary to demonstrate this? Would a separate sample have to be taken on each bulb size, brand, etc.?
    
    
    • The universal waste rule applies only to the four waste streams that would otherwise be regulated as hazardous waste, such as those bulbs that would release more than 0.2 mg/l mercury when tested using the TCLP test. Commercially-generated bulbs that pass the TCLP test, as well as bulbs generated by households, can be shipped for disposal at landfills. Commercial generators must use the TCLP test or knowledge of the bulbs (e.g., manufacturers specifications or MSDS) to determine if the bulb is non-hazardous and must retain records of the waste determination. If a TCLP test is used, it must include a sample of each brand and type of bulb generated, or each type of bulb that could be generated, if it is not done for each shipment. If some bulbs are found to be hazardous and other are not, they must either be segregated accordingly, or must all be treated as universal waste or hazardous waste
    _____
11. Where does the DEC annual audit fit with self disclosure?
    
    
    • A determination has been made that the NYSDECs requirement for State University of New York (SUNY) facilities to conduct self-audits does not itself invalidate such facilities from full consideration under the Audit Policy.
    _____
12. Self disclosure can lead to reductions in EPA fines, but what about other fines by states under hazardous waste or other environmental regulations or programs?
    
    
    • As discussed in the response to Question 1, we are continuing to coordinate our policies and activities under the University Initiative with state agencies and we do not anticipate any difficulties in this area in administering our self-disclosure policy. A complete disclosure to EPA for violations that qualify for penalty mitigation under the Audit Policy will, in all likelihood, ensure that the violation is addressed only by EPA. However, failure to meet all aspects of the policy, including prompt correction of all violations, can leave the college or university vulnerable to full enforcement (i.e., no penalty reduction) by EPA or states. Additionally, violations not disclosed to EPA, or to states under comparable audit privilege or self-disclosure policies, would not be subject to such protection from full enforcement.
    _____
13. One criteria for inspection site selection is the receipt of grant money from EPA for the specified region. What if a university is receiving or has received EPA research/grant money from other regions?
    
    
    • While this is a consideration in targeting, it is but one of a number of criteria. Other criteria include proximity to sensitive ecosystems, activities conducted by the institution, enforcement history, citizen complaints, and a variety of other factors. See the College and University Initiative Overview presentation for a more extensive description of the targeting criteria.

Other University Environmental Questions Received by EPA

1. I, a New England-area university EH&S director, met you at the EPA orientation that was held at University of Puerto Rico last week. I asked you about the Recombinant DNA, specifically how to dispose it when it is contaminated with EtBr. You offered to ask this question to the EPA officials for us, so I appreciate your help.
   
   
   • RCRA hazardous waste interpretation:
     Ethidium bromide (EtBr); C21H20BrN3 , CAS # 1239-45-8
     
   • The NIH Safety Data Sheet for EtBr states: "Warning: This compound is moderately toxic and strongly mutagenic." EtBr, however, does not meet the RCRA regulatory definition of hazardous waste (40 CFR 261), it is neither a characteristic nor a listed hazardous waste, and can be managed as non-hazardous solid waste (i.e., EtBr is not subject to RCRA Subtitle C management or disposal requirements). This does not mean that RCRA has no authority over the disposal of this compound. EtBr, if managed improperly, does meet the statutory definition of hazardous waste. 42 U.S.C. 6903 defines the term ''hazardous waste'' to mean a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may -
     1. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
     2. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
   • EtBr, if disposed improperly, would be subject to the imminent and substantial endangerment provisions of RCRA 7003, 42 U.S.C. 6973. In addition, because of its mutagenicity, EtBr disposal is very likely prohibited by local/municipal solid waste authorities, and is very likely subject to regulation by state/local health departments.
   • EPA recognizes the unique environmental challenges associated with small lab operations and has developed a document titled, Environmental Management Guide for Small Laboratories, EPA 233-B-98-001, July 1998. This EPA publication offers the following:
     • Small Lab Characterization and Applicable Regulations: A summary of lab activities and the federal regulations that typically affect these activities. Key topics include lab waste management, lab air quality management, and lab wastewater management.
     • Self Assessment Tool: A set of questionnaires that labs or others can use to assess relative environmental status in the key areas mentioned above. With an emphasis on pollution prevention, these tools should be useful to labs of all types and sizes.
     • Directory of Applicable Resources: Although there is a lot of information available on labs, much is not relevant to the environmental issues associated with small chemical labs. This directory contains a listing of books, newsletters, meetings, and Internet sites that should be useful for anyone interested in the subject. Each source has been screened for relevancy. The guide includes some specific suggestions regarding the handling of EtBr (see Page 33).
   • Bearing all of this in mind, EPA would strongly suggest managing this waste as hazardous and employing a permitted hazardous waste transporter and treatment or disposal facility to ensure proper disposal, even though it does not meet the regulatory definition of hazardous waste. Because the waste would pose a potential harm, management as hazardous waste would minimize the potential liability of such waste shipped and disposed of under less stringent methods. We would further suggest that you only employ those experienced in handling research laboratory labpacks.

 

• EPA Home
• Privacy and Security Notice
• Contact Us