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
------- |