Enforcement Alert Volume 7, Number 2 Office of Regulatory Enforcement November 2004 Mismanagement of Laboratory Waste Creates Risk of Serious Injury Routine inspections at laborato- ries have found a pattern of haz- ardous waste management prob- lems in recent years. EPA has discovered chemicals forgotten in university stockrooms for decades, About Enforcement Alert Enforcement Alert is published periodically by EPA'sOfficeof Regulatory Enforcement, Officeof Enforcement and Compliance Assurance to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should helpthe regulated community anticipate and prevent violations of federal environmental law. Please reproduce and share this publication. To receive this newsletter electronically, see http://www.epa.gov/compliance/ resources/newsletters/civil/ enfalert/index.html. Director, Office of Regulatory Enforcement: Walker B. Smith Editor, Officeof Planning, Policy Analysis and Communications: Pat Reilly (reilly.pat@epa.gov) Address changes: Send email message to: ncepiwo@one.net Document Number: EPA 300-N-04-008 a research lab with wastes in damaged containers, some labeled "unknown," and a hospital storing a chemical at almost twice the temperature at which it could explode. Improper disposal of waste is also common. Laboratories in colleges and universities, industrial facilities, and medical research centers use a wide variety of chemicals to do a wide range of work. If the chemi- cals and resulting wastes are not managed properly, they can endanger both laboratory workers and the surrounding community. The most serious of these problems can lead to serious injury or death. Environmental regulations under the Resource Conservation and Recovery Act (RCRA) outline how to manage hazardous waste at laboratories. To improve chemical management, EPA has offered workshops, compliance assistance, and encouraged self-auditing, and, in some instances, has taken enforcement actions. In September 2004, EPA and the University of California (UC) settled a case resolving 98 viola- Air and water reactive chemicals stored in refrigerator - even small containers can be big problems. tions of RCRA. The university voluntarily disclosed the violations of hazardous waste requirements at 34 of its facilities. The violations involved 4,000 containers of hazardous waste, including ignitable paint, corrosive acid, reactive cyanide, photochemical waste and toxic contaminated waste. UC estimated that it spent $1.78 million and 23,645 staff hours since 2001 completing an environmental audit of 47 university facilities—its campuses, agricultural research stations, medical and veterinary schools and other miscellaneous facilities. EPAreduced the penalties for most of the violations based on the Incentives for Self-Policing: http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/index.html ------- Enforcement Alert Discovery, Disclosure, Correction and Prevention of Violations Policy (Audit Policy). UC agreed to pay a $9,570 penalty to resolve these violations. The Agency has made a special effort to reach out to colleges to encourage them to use the Audit Policy. The Audit Policy estab- lishes a framework for the volun- tary disclosure and correction of violations in return for greatly reduced penalties. This Enforcement Alert presents the findings from EPAlaboratory inspections and highlights both the dangers and potential enforcement consequences of the mismanage- ment of hazardous waste. This Alert also highlights recent EPA enforcement actions taken as a result of inspections at universities that chose not to voluntarily dis- close RCRA violations. In September 2004, EPA initiated an enforcement action seeking $238,225 against the Maine Community College system for RCRA violations found at the Southern Maine Community and Eastern Maine Community College campuses by EPAinspectors. Inspectors discovered, among other violations, five containers of waste picric acid stored in a classroom immediately accessible to faculty and students. The waste picric acid had crystallized in one of the containers. The containers were stored on open shelves. EPA inspectors secured the area by November 2004 ^^^^^_^^^^^_ Flammable storage locker contains bottles labeled un- known chemicals. restricting access. Within days, Eastern Maine Community College arranged for a contractor to detonate the containers of picric acid on site. Problematic Practices During recent inspections, EPA observed many storage and disposal practices that could cause problems at labs. Chemicals stored for an inappropriately long time may become unstable and explode. Picric acid, a chemical found in many laboratories, dries and forms crystals that may ex- plode when the container is handled. Reactive waste chemicals have been placed close together. If they were to mix, these chemicals could cause explosions and start fires. EPA has observed the laboratory practice of disposing of used chemicals by pouring them into sinks and drains connected to public sewage systems. This could pose serious contamination prob- lems for water treatment plants. These problems need to be ad- dressed in order to meet the environmental obligations for safe management of chemicals and chemical waste. No Expiration Date During an EPA inspect!on at a laboratory in Ponce, Puerto Rico, inspectors found one-pound jars of crystalized picric acid and other waste chemicals stored in a card- board box under shelves holding flammable solvents. The acid containers were very dry and of indeterminate age. EPAs Emer- gency Response Team directed the removal and on-site detonation of the jars. At Columbia University, heavy odors led EPAinspectors to containers that had deteriorated to a point where their contents were unidentifiable and they were releas- ing fumes. The results of this EPA inspection led to an enforcement action requiring Columbia Univer- sity to come into compliance with environmental regulations and pay a penalty of $100,000. Columbia University also agreed to conduct three supplemental environmental projects, including the implementa- tion of an environmental manage- ment system to improve environ- mental performance. An EPA inspect!on of a lab in Missouri found waste from student activities stored in stockrooms for 30 to 40 years. A hazardous waste contractor had declined to remove them because the condition and contents were unknown. ------- Enforcement Alert Improper Storage EPA discovered crystalized picric acid during an inspection at the Vermont Veterans Administration Medical Hospital laboratory. Alab worker handed the crystalized picric acid to an EPAinspector unaware of the potentially explosive nature of the material. In a separate incident at the facility, the inspector observed the storage of ethyl ether in a room without air conditioning and a room temperature of 80 degrees. Ethyl ether has a flashpoint of negative 49 degrees. The inspector also observed storage of ethyl ether in an outdoor metal shed with an inside tempera- ture approaching 100 degrees. The ethyl ether containers, which were several years old, were unopened but the material had evaporated through the spacing located be- tween the containers and the lids. Crystallization often occurs inside the container threads when evapo- rative losses are found. Ethyl ether is extremely unstable in crystalline form leading to concerns that the material had become shock sensi- tive. Within two days of the inspec- tion, the materials were detonated at the request of EPA in close coordination with the local police and fire departments and state emergency response personnel. At another inspection, EPA personnel discovered corrosives and halogenated wastes stored together. If these incompatible wastes had come into contact, a violent chemical reaction could have resulted in an explosion or fire. At the same inspection, nine containers of various sizes of corrosive wastes were stored in the same area as a 55 gallon container of halogenated solvent. These containers of incompatible wastes were not separated to prevent mixing in the event of a release. Improper Container Labeling An EPA inspection at a research laboratory in Brooklyn, N. Y, revealed approximately 150 containers of waste chemicals, including solvents, reactive chemi- cals and picric acid that were not labeled or labeled "unknown." Some containers were damaged. Improper Disposal of Waste EPAinspections in Colorado found waste from laboratory floors and sinks entering a drainage system where it mixed with raw sewage and flowed into a pond that overflowed into a ditch. Legal Responsibilities Several federal requirements of RCRA regulate waste chemicals at labs. One of the most significant responsibilities is to control waste accumulation. The regulations regarding satellite accumulation (40 CFR 262.34(c)(l)) allow labs to accumulate up to 55 gallons of hazardous waste or one-quart of acutely hazardous waste with no time limit on storage as long as the container remains in good condi- tion, is closed and labeled correctly with its contents or the words "hazardous waste" and is located at or near the point where it was generated. Once lab waste accumulates above the allowable volume, lab operators must place the date on the container within three days and may store it in a hazardous waste storage area for the time specified by the regulations (90,180, or 270 days), and then dispose of it in accordance with RCRA regulations. In addition to storage of chemical waste, RCRA regulations, codified in 40 CFR Part 262, govern hazardous waste activities at labs. If a lab generates more than 100 kilograms of hazardous waste in a calendar month or one kilogram of accutely hazardous waste, these regulations apply. Labs should pay particular attention to regulations concerning hazardous waste deter- mination (40 CFR 262.11), genera- tor accumulation time (40 CFR 262.34), manifesting shipments transported offsite (40 CFR 262.20, and generator training (40 CFR262.34(a)(4) and 265.16). The Clean Air Act also addresses risks posed by chemicals and their safe management. Section 112(r)(l) of the Clean Air Act, known as the General Duty Clause, requires owners or operators of facilities that have extremely hazard- ous substances to ensure that their chemicals are safely managed. Extremely hazardous substances are November 2004 ------- «EPA United States Environmental Protection Agency Office of Regulatory Enforcement (2241A) Washington, D.C. 20460 Official Business Penalty for Private Use $300 listed in the regulations at 40 CFR Part 68, and include any other chemical that may, as a result of short-term releases to the air, cause death, injury or property damage because of their toxi city, reactivity, flammability, volatility or corrosivity. The General Duty Clause applies to laboratories, as well as other facilities and managers should be aware of its requirements. The Bottom Line First and foremost, laboratories have a duty to operate safe facilities and manage risks posed by waste chemicals. Managers of laborato- ries can make facilities safer by: • knowing which chemicals are in their possession and how to properly store, use and dispose of them; • periodically inspecting storage areas; November 2004 ^^^^^-^^^^^ • training staff; and • communicating regularly with local emergency response teams. Laboratories must comply with all applicable environmental laws and regulations in order to ensure the safety of students, laboratory employees, and the community, and to avoid costly penalties. Compliance Assistance Environmental Management Guide for Small Laboratories http://www.epa.gov/sbo/labguide.htm http://www.epa.gov/sbo/ smalllabguide_500.pdf Compliance Assistance Centers http://www.epa.gov/compliance/ assistance/centers/index.html National Environmental Compliance Assistance Clearinghouse http://cfpub.epa.gov/clearinghouse/ Lab Waste Guidance Two EPA documents offer guidance for laboratories that generate small quantities of hazardous waste. These documents include "Fre- quently Asked Questions," dated March 17,2004, detailing federal require- ments on the storage and disposal of hazardous wastes and an Aug. 16, 2002, memo that laboratory personnel can use to determine what is a hazardous waste and operate satellite accumulation areas. Both are available on EPA's website at www.epa.gov/ rcraonline. See the July 2000 Enforcement Alert on universi- ties and colleges for more information on the Audit Policy: http://www.epa.gov/ Compliance/resources/ newsletters/civil/enfalert/ universities.pdf ------- |