and universities to develop emergency prevention, notification, and
response procedures appropriate to the hazards in the laboratory, and
the final rule keeps this requirement as the first sub-element of
element seven. In comments, however, we were informed that laboratories
face issues with chemicals that expire and/or become dangerous as they
degrade. A good example of this is picric acid, which becomes explosive
if it becomes dehydrated/crystallized. Because of the threat some
chemicals may pose, the final rule requires that the seventh element of
Part II of the LMP includes a list of chemicals that the eligible
academic entity has or is likely to have that can degrade over time and
become more dangerous with age; the list of chemicals is intended to
facilitate the removal of these chemicals before a problem develops.
The third sub-element requires eligible academic entities to develop
procedures to dispose of these chemicals safely.
    Finally, a number of commenters suggested that eligible academic
entities should develop procedures in their LMPs for identifying and
characterizing unknown chemicals in a timely manner. Since transporters
and TSDFs often will not accept unknown chemicals, the unknown
chemicals tend to remain on-site for extended periods. We agree with
the commenters and believe this requirement will assist in the timely
removal of these unknown chemicals and in emergency prevention for
laboratories. Thus, we have added it as the fourth sub-element of the
seventh element of Part II of the LMP. See the seventh element below:

    7. Describe its intended best practices for emergency
prevention, including:
    a. Procedures for emergency prevention, notification, and
response, appropriate to the hazards in the laboratory, and
    b. A list of chemicals that the eligible academic entity has, or
is likely to have, that become more dangerous when they exceed their
expiration date and/or as they degrade, and
    c. Procedures to safely dispose of chemicals that become more
dangerous when they exceed their expiration date and/or as they
degrade, and
    d. Procedures for the timely characterization of unknown
chemicals.

    In summary, an eligible academic entity must develop an LMP with
two parts covering a total of nine elements. The contents of the two
elements in Part I of the LMP are enforceable. Part II of the LMP is
intended to encourage eligible academic entities to develop BMPs for
their laboratories. While the contents of Part II of the LMP are not
enforceable, eligible academic entities must reasonably address the
seven required elements.
9. How CESQGs Comply With Subpart K and How They Differ From LQGs and
SQGs
    In most respects, an eligible academic entity that opts into
Subpart K is regulated the same, regardless of whether the eligible
academic entity is a CESQG, SQG, or LQG. However, because CESQGs are
regulated differently than SQGs and LQGs under the existing generator
regulations, we have had to tailor some sections of the Subpart K
requirements to reflect their inclusion. This section discusses how the
Subpart K requirements will be implemented for CESQGs.
    Specifically, Subpart K provides an alternative set of requirements
for generators of laboratory hazardous waste. For SQGs and LQGs,
Subpart K provides an alternative to Sec. Sec.  262.11 and 262.34(c)
(the SAA regulations). For CESQGs, however, the Subpart K requirements
provide an alternative to the conditional exemption in Sec.  261.5(b),
which exempts hazardous waste from regulation under 40 CFR Parts 124,
262-266, 268, 270, and the notification requirements of RCRA section
3010, provided the CESQG complies with the conditions of the exemption.
Thus, by choosing to become subject to Subpart K, an eligible academic
entity relinquishes its conditionally exempt status and becomes subject
to the requirements of 40 CFR part 262, Subpart K, while managing its
unwanted materials and hazardous wastes in its laboratories. However, a
CESQG also will be able to take advantage of the two main benefits of
the alternative standards: Making the hazardous waste determination
before the unwanted materials are removed from the laboratory (but at a
time after the initial generation) and the laboratory clean-out
provisions.
    As with other eligible academic entities, an eligible academic
entity that is a CESQG and that opts into Subpart K must notify EPA of
its intended participation using the Site Identification Form (EPA Form
8700-12). One of the fields on the Site Identification Form asks for
the site's EPA Identification Number. We realize that most CESQGs will
not have EPA Identification Numbers when they submit their
notifications for Subpart K and they are not required to apply for one,
although some States may choose to assign an Identification Number once
a Site Identification Form is submitted. If an eligible academic entity
that opts into Subpart K is a CESQG and does not have an EPA
Identification Number, all of the laboratories owned by the eligible
academic entity and that are on-site (as opposed to under the same EPA
Identification Number) will be subject to Subpart K.
    Many college and university commenters informed the Agency that
they have multiple EPA Identification Numbers (or sites) within a
single campus. When a campus is divided into numerous sites, each site
has its own generator status, based on its monthly generation of
hazardous waste. Therefore, a single campus may be comprised of sites
that are CESQGs, SQGs, and LQGs. Some other commenters also indicated
that they have field laboratories, which may not be on campus, that are
typically CESQGs, and which may not be on campus, but that laboratory
personnel often work in both the campus laboratories and the field
laboratories. Commenters requesting that CESQGs be allowed to be
subject to Subpart K argued that it would be to their benefit to have
the same management standards for the hazardous wastes generated in all
of their laboratories. The Agency agrees and is clarifying that when
eligible academic entities that are CESQGs choose to be subject to the
Subpart K requirements, their laboratories must follow the same
container labeling, container management, training requirements and all
other management standards for the management of their unwanted
materials in the laboratory as other generators operating under Subpart
K.

    Since CESQGs will not have an on-site CAA or TSDF, CESQGs must make
the hazardous waste determination in the laboratory before the unwanted
materials may be removed from the laboratory (but at a time after the
initial generation of the unwanted materials). We realize that a CESQG
may be part of a larger ``main'' campus that has a CAA and that the
eligible academic entity may want to bring the unwanted materials from
the CESQG site to the main campus's CAA to make the hazardous waste
determination. However, today's rule does not allow for this and all
hazardous waste determinations must be made on-site before the unwanted
material may be treated or disposed of on-site or transported off-site.
Today's rule does not allow for off-site consolidation of unwanted
materials or hazardous wastes, with two exceptions that are discussed
in section III.C.10 of today's preamble. As discussed previously,
eligible academic entities, including CESQGs, may consolidate unwanted
materials on-site in another laboratory (see section III.C.5.c of
today's preamble for more detail).
    Once the hazardous waste determination is made in accordance with
Sec.  262.11, the eligible academic entity must count the unwanted
materials that are hazardous wastes toward calculating its monthly
generator status and it must remove the hazardous waste from the
laboratory directly. If the total quantity of hazardous waste for the
month for the site is below the CESQG limits (i.e., <1 kg of acutely
hazardous waste and <100 kg of hazardous waste), the hazardous waste
may be managed as CESQG hazardous waste when removed from the
laboratory. That is, the hazardous waste may be managed at any of the
types of facilities listed in Sec.  261.5(f)(3) for acute hazardous
waste, or Sec.  261.5(g)(3) for hazardous waste:
    (i) Permitted under 40 CFR part 270.
    (ii) In interim status under 40 CFR parts 265 and 270.
    (iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under 40 CFR part 271.
    (iv) Licensed, registered or permitted by the State to manage
municipal solid waste, and if managed in a solid waste landfill is
subject to 40 CFR part 258.
    (v) Licensed, registered or permitted by the State to manage non-
municipal non-hazardous waste, and if managed in a non-municipal non-
hazardous waste disposal unit is subject to 40 CFR 257.5-257.30.
    (vi) Beneficially uses, reuses, legitimately recycles or reclaims
its waste; or treats its waste prior to beneficial use, reuse,
legitimate recycling or reclamation, or
    (vii) For universal waste, a universal waste handler or destination
facility subject to the requirements of 40 CFR part 273.
    Eligible academic entities that are CESQGs or have CESQG sites also
will be able to take advantage of the laboratory clean-out provisions
in the final rule. That is, CESQGs can have up to 30 days to conduct a
laboratory clean-out and not be required to count hazardous wastes that
are unused commercial chemical products and that are generated during a
laboratory clean-out toward calculating their generator status. Thus,
we believe that the laboratory clean-out incentives will now provide a
considerable benefit to generators that are typically CESQGs, but
become LQGs on an episodic or periodic basis when they discard unused
commercial chemical products (either listed or characteristic) from
their laboratories. As discussed in section III.B.7 of today's
preamble, even if the laboratory clean-out incentives allow an eligible
academic entity to maintain its conditionally exempt status, if the
eligible academic entity generates hazardous waste in quantities in
excess of the CESQG monthly limits, the hazardous waste is fully
regulated as hazardous waste when it is transported, treated, stored or
disposed of off-site (also see Sec.  262.213).
10. Off-site Consolidation
a. Off-site Consolidation by CESQGs
    Several commenters suggested that the Agency allow the off-site
consolidation of unwanted materials at a centralized, off-site
location. These commenters generally suggested this as part of their
request to expand the applicability of the final rule to include
CESQGs. The current generator regulations, for any generator status,
provide limited opportunities for a generator to accept off-site
shipments of another generator's hazardous waste. Under both the
existing generator regulations, as well as under today's final rule,
there are two situations that allow for a generator to receive
hazardous waste from another, off-site generator.
    The first situation applies to the off-site consolidation of
hazardous waste generated only by CESQGs. Under Sec.  261.5, in order
to qualify as a CESQG, a CESQG must ensure delivery of its acute
hazardous waste and hazardous waste to one of the seven types of
facilities listed in Sec.  261.5(f)(3) and 261.5(g)(3):
    (i) Permitted under 40 CFR part 270.
    (ii) In interim status under 40 CFR Parts 265 and 270.
    (iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under 40 CFR part 271.
    (iv) Licensed, registered or permitted by the State to manage
municipal solid waste, and if managed in a solid waste landfill is
subject to 40 CFR part 258.
    (v) Licensed, registered or permitted by the State to manage non-
municipal non-hazardous waste, and if managed in a non-municipal non-
hazardous waste disposal unit is subject to 40 CFR 257.5 through
257.30.
    (vi) Beneficially uses, reuses, legitimately recycles or reclaims
its waste; or treats its waste prior to beneficial use, reuse,
legitimate recycling or reclamation, or
    (vii) For universal waste, a universal waste handler or destination
facility subject to the requirements of 40 CFR part 273.
    If a CESQG that generates hazardous waste wants to send its
hazardous waste to an off-site consolidation area for centralized
collection, it must send its hazardous waste to a collection site that
would qualify as one of the above mentioned facilities in order to
still qualify as a CESQG. Thus, a receiving generator could be an
acceptable collection site if it qualified as one of the seven
categories of facilities above. For example, a CESQG could send its
hazardous waste to an eligible academic entity if such receiving entity
was an interim status or permitted TSDF or was authorized by the State
to manage hazardous waste under the State approved program. If the
CESQG that generates hazardous waste sends it to another generator that
does not qualify as one of the facilities specified above, the
generating CESQG would not meet the conditions of the CESQG exemption
and would be subject to the applicable generator regulations of 40 CFR
part 262 (see Q&A dated April 4, 1987; RCRA Online 12894).
b. Off-site Consolidation by CESQGs, SQGs, and LQGs
    The second situation applies to all generator categories. A
generator can send its hazardous waste to another generator's site if
the receiving site qualifies as a transfer facility (see Q&A dated
April 4, 1987; RCRA Online 12894). Under Sec.  263.12,
hazardous waste may be stored in containers at a transfer facility for
ten days or less without requiring interim status or a permit. A
transfer facility is defined in 40 CFR 260.10 as `` * * * any
transportation related facility including loading docks, parking areas,
storage

areas, and other similar areas where shipments of hazardous waste are
held during the normal course of transportation.'' It is possible that
a generator may qualify as a transfer facility, as long as the
hazardous waste it receives is not stored on-site for more than ten
days. As stated previously, the hazardous waste determination must be
made for all unwanted materials prior to transporting them off-site,
regardless of whether the off-site transportation includes a stop at a
transfer facility.
11. Topics That Are Outside the Purview of This Rulemaking
    EPA has consistently interpreted our existing hazardous waste
regulations to allow generators to non-thermally treat the hazardous
waste they generate on-site in their accumulation tanks and containers,
without needing to obtain a RCRA permit or having interim status (51 FR
10168, March 24, 1986). Examples of treatment that may be conducted in
accumulation tanks and containers without a permit or interim status
include precipitating heavy metals from solutions and oxidation/
reduction reactions. A permit or interim status would be required to
store and/or treat hazardous waste that is consolidated from off-site
locations or if the treatment was thermal treatment.
    Many commenters suggested that the Subpart K requirements should
specifically address treatment of hazardous waste by generators in
laboratories. In the proposal to Subpart K, the Agency did not
specifically identify a regulatory approach for the treatment of
hazardous waste by generators in laboratories. Therefore, because the
Agency did not provide notice and an opportunity for public comment on
this subject, it is outside the scope of this rulemaking and EPA does
not intend to add any such provisions to the final rule. While today's
final rule does not specifically address the treatment of hazardous
waste in laboratories, it also does not change EPA's interpretation of
its existing regulations.
    We have also often been informed, and commenters confirmed, that it
is not uncommon for an eligible academic entity to have numerous EPA
Identification Numbers per ``campus.'' Typically, this is because the
campus is intersected by public roads so that not all areas of the
campus are considered ``on-site,'' as defined by RCRA. We received
several comments encouraging EPA to allow a single EPA Identification
Number per campus. We did not specifically identify in the proposal to
Subpart K a regulatory approach for allowing one EPA Identification
Number per campus. Therefore, because the Agency did not provide notice
and an opportunity for public comment on this subject, it is outside
the scope of this rulemaking and EPA does not intend to add any such
provisions to the final rule.

D. Reporting and Recordkeeping

1. Reporting to the Biennial Report for Eligible Academic Entities That
Are LQGs
    Under the existing generator regulations, LQGs are required to
submit information about their hazardous waste generation and
management activities in the BR. The data are prepared and submitted to
the EPA Regions (or authorized States) in even-numbered years (e.g.,
2006) and must include waste information from the previous, odd-
numbered year (e.g., 2005). The data submitted for the BR is retained
in the RCRAInfo System. When developing rulemakings, the Agency often
relies on data submitted for the BR to inform us about various aspects
of the hazardous waste activities, such as identifying generators of
hazardous wastes and waste generation and management activities (i.e.,
number of hazardous waste generators and volume of hazardous waste
being generated and managed). When analyzing data in the RCRAInfo
System to support the development of this rulemaking, it became clear
to the Agency that there are a variety of ways in which similar
entities with similar hazardous waste generation patterns report data
for the BR. The Agency recognizes the differences in reporting may be
situational; however, we offer suggestions here for reporting future
laboratory hazardous waste activities to the BR that will assist the
Agency in analyzing data in a more consistent and accurate manner.
    On the Generation and Management (GM) form of the BR, we suggest
the use of the Source Code G22 (Laboratory analytical wastes (used
chemicals from laboratory operations)) would be appropriate in most
cases for hazardous wastes that are generated in the laboratory and
that are not from a laboratory clean-out. When G22 is not applicable,
but the hazardous wastes are generated in a laboratory, the generator
should indicate in the comment field (when provided by the State) that
the hazardous waste originated in a laboratory. In addition, the Form
Codes W001 (Lab packs from any source not containing acute hazardous
waste) and W004 (Lab packs from any source containing acute hazardous
waste) should be used when applicable.
    If an eligible academic entity submits a BR that includes hazardous
waste from laboratory clean-outs, the Agency's guidance on preparing
the GM Form of the BR is to use the Source Code G11, for the discarding
of off-specification or out-of-date chemicals or products. If the
State's version of the GM form provides a comment section, we suggest
the eligible academic entity indicate that the hazardous waste is from
a Subpart K laboratory clean-out.
2. Recordkeeping
    Today's final rule requires that eligible academic entities
choosing to comply with the Subpart K requirements maintain certain
records. Specifically, eligible academic entities must maintain the
following records: (1) Notification(s) to the appropriate EPA Regional
Administrator (or State Director, in authorized States) of its
participation in or subsequent withdrawal from Subpart K (using the EPA
Site Identification Form (EPA Form 8700-12)); (2) non-profit research
institutes and teaching hospitals that are not owned by a college or
university must keep the formal written affiliation agreement on file;
(3) training records for laboratory workers defined in 40 CFR 262.200
of this Subpart at participating LQG eligible academic entities; (4)
documentation of laboratory clean-out activities identifying the
laboratory being cleaned out, the date the clean-out begins and is
completed, and the volume of hazardous waste generated during the
clean-out that is conducted in accordance with Sec.  262.213; and (5)
an LMP (an existing plan may be modified to address the specific
requirements of this alternative regulation).
    EPA is not requiring that a participating eligible academic entity
keep all required records, such as notifications, training records,
formal written affiliation agreements and the LMP together. However,
EPA believes filing all required records together, if practicable, may
enhance the ease of accessibility by those individuals needing access
to the records at any given time. Additionally, having the records
located in one central location may help increase efficiency of
inspections by reducing the amount of time expended to locate records
that may be kept in several different locations at a participating
institution (e.g., training records might normally be filed with
personnel files and the LMP might normally be kept at the EH&S
department).
    EPA is requiring that an eligible academic entity maintain a copy
of its notification to participate in this

Subpart on file in-house (i.e., at the participating eligible academic
entity) for the duration that the institution remains subject to the
Subpart K requirements. Additionally, an eligible academic entity must
maintain a copy of its notification to withdraw from Subpart K on file
for three years from the date of the notification of withdrawal from
the Subpart K requirements.
    Because of the expansion in scope of today's final rule, the Agency
has added recordkeeping for teaching hospitals and non-profit research
institutes, as defined in the final rule. In order to document that a
non-profit research institute or a teaching hospital is eligible to opt
into Subpart K, the non-profit research institute or teaching hospital
must keep on file for the duration that the institution remains subject
to the Subpart K requirements a copy of the formal written affiliation
agreement that it has with the college or university. For a teaching
hospital, the formal written affiliation agreement must consist of a
master affiliation agreement and program letter of agreement with the
medical college or school with which it is affiliated.
    We reiterate that today's final rule does not change the existing
recordkeeping requirements for documenting training of trained
professionals at LQGs. Under the existing hazardous waste generator
regulations, LQGs must comply with the recordkeeping requirements found
at 40 CFR 265.16(e). Since this rule simply refers to the existing
applicable training requirements pertaining to an eligible academic
entity's generator status, training records for trained professionals
(i.e., individuals conducting the hazardous waste determination or
transferring unwanted materials on-site) must be maintained at LQGs.
SQG training requirements at 40 CFR 262.34(d)(5)(iii) do not require
retention of training records; therefore, Subpart K does not require
training records to be kept for trained professionals at SQGs.
Likewise, training records are not required for trained professionals
at CESQGs. Furthermore, training records for students are not required
for LQGs, SQGs or CESQGs.
    In addition, as proposed, today's final rule requires that LQG
eligible academic entities maintain documentation that demonstrates
that laboratory workers have been trained commensurate with their
duties. As with trained professionals, these records must be kept for
the duration specified in Sec.  265.16(e). Thus, these training records
must be kept until the institution closes or for three years after the
departure of a trained professional or laboratory worker.
    Additionally, as proposed, today's final rule includes a
recordkeeping provision for laboratory clean-out events at
participating eligible academic entities. Section 262.213(a)(4) of
today's rule requires eligible academic entities to document their
clean-out activities. EPA is not mandating a particular record format
or media. Instead, participating institutions may determine the most
appropriate type of record that best suits their individual
capabilities and recordkeeping systems (e.g., filed hard copy,
electronic copy). However, the documentation must contain certain
information and be retained at the eligible academic entity for three
years from the date the laboratory clean-out ends. Specifically, this
documentation must identify the particular laboratory that is being
cleaned out, the date the clean-out began and ended, and the volume of
hazardous waste generated during the clean-out. This documentation is
particularly relevant since a laboratory may only utilize the
laboratory clean-out provision incentives (i.e., not counting hazardous
wastes that are unused commercial chemical products toward its
generator status and the 30-day allowance for removal) once per 12-
month period per laboratory.
    Also, EPA is requiring that a copy of a participating eligible
academic entity's LMP be retained on file at the participating
institution for the duration that it is regulated under 40 CFR part
262, Subpart K. Furthermore, we recommend that the LMP be dated. While
EPA is not requiring that a copy of the LMP at a participating eligible
academic entity be kept at each individual site with a unique EPA
Identification Number that has opted in, we do require that the LMP is
``available'' by anyone involved in the management of unwanted
materials (e.g., students in the laboratory, faculty, inspectors and
other relevant regulatory authorities). The participating eligible
academic entity will determine how best to meet the requirements of
making the LMP available since EPA envisions that an LMP will be
revised periodically. Examples of ``available'' may include, but are
not limited to, posting the LMP on the participating eligible academic
entities Web site or other universally accessible electronic system, or
keeping a copy of the LMP at each individual site that has opted in.
    Today's rule strives to reduce or minimize additional recordkeeping
requirements on eligible academic entities participating in Subpart K.
As an example, we believe some participating eligible academic entities
will revise their current required planning documents, such as the
Chemical Hygiene Plan (CHP), which is required by OSHA's Laboratory
Standard regulations at 29 CFR 1910.1450. In such cases, there would be
minimal additional recordkeeping associated with an LMP. However, we
also understand that this may not be true in all cases. When planning
documents don't already exist, an additional recordkeeping requirement
would be associated with maintaining an LMP since eligible academic
entities will need to develop this document to comply with this
Subpart.
    We solicited comment on whether there should be a requirement to
retain records of the labels associated with containers. The
information on the label associated with containers, such as the
accumulation start date and information sufficient to make a hazardous
waste determination, was assumed to be either electronic, via
spreadsheets and bar codes, or written logs and in the proposed rule
EPA considered requiring that this information be retained on file as a
record. However, commenters noted that records of container labels
should not be retained because it would be too burdensome and
unnecessary. We agree with the commenters and believe that other
recordkeeping requirements sufficiently document the information
necessary for inspections of laboratories at eligible academic
entities. Therefore, the final rule does not require that records be
kept for labeling information associated with containers, beyond the
time that a hazardous waste determination is made for the contents.
    EPA also solicited comment in the proposal on whether maintenance
of any other records or reporting requirements should be required under
today's Subpart K regulations for purposes of improving implementation,
compliance monitoring and assistance by the relevant regulatory
authority or for program implementation. Comments submitted by the
academic community stated, ``do not add recordkeeping.'' These comments
noted that the proposed recordkeeping or documentation requirements for
notification, labeling, laboratory clean-outs and the LMP are
sufficient to ensure compliance and measure success. We agree with
these commenters that additional recordkeeping or reporting
requirements beyond what was included in the proposal are unnecessary
to ensure compliance with today's rule. Therefore, in today's final
rule, we are not including any new or additional

recordkeeping or reporting requirements to the final rule.

E. Implementation and Enforcement

    Subpart K blends traditional regulatory requirements with
performance-based standards to maximize flexibility and enable better
environmental compliance at eligible academic entities. Subpart K also
offers greater flexibility in implementation than the existing
generator requirements. As such, we are highlighting some points on
compliance for a few of the more flexible requirements of Subpart K.
    First, only eligible academic entities, as defined in this final
rule, may participate in Subpart K. As this rule is optional, eligible
academic entities must at all times comply with either the existing
generator regulations or with today's Subpart K requirements.
Specifically, under today's final rule, an eligible academic entity
must decide under which set of standards (existing generator standards
or Subpart K) it will operate all of its laboratories that are covered
by the same EPA Identification Number (or that are on-site) and notify
EPA if it chooses to opt into Subpart K. Eligible academic entities may
have several sites with unique EPA Identification Numbers, and each
site may have laboratories. It is important to note that eligible
academic entities operating laboratories with different EPA
Identification Numbers may elect which laboratories will opt into or
withdraw from Subpart K on a site-by-site basis.
    Second, since this rule is for laboratories only, it is likely that
participating eligible academic entities will be subject to two
different sets of requirements for hazardous waste management: 40 CFR
part 262, Subpart K for unwanted materials generated in its
laboratories, and existing generator requirements for all other
hazardous wastes generated at these institutions. As a result,
implementers (eligible academic entities and compliance and enforcement
individuals) will need to determine whether the laboratories at an
eligible academic entity are operating under Subpart K (i.e., under
different generator regulations) from the remainder of the site for
compliance monitoring and assistance.
    Third, because the enforcement of the contents of the LMP differs
for Part I and Part II, and participating entities may modify an
existing plan to meet the LMP requirements, we reiterate the
requirements relating to the different parts below (see preamble
section III.C.8 or Sec.  262.214 of today's final rule for all
requirements related to the LMP). We also remind eligible academic
entities that if they choose to modify an existing plan in order to
meet the LMP requirements under Subpart K, today's rule does not
supersede or otherwise affect the requirements related to that existing
plan.
    For Part I of the LMP, the eligible academic entity must implement
and comply with the specific contents for all the elements they develop
for Part I. For example, if an eligible academic entity chooses to use
another ``equally effective term'' for ``unwanted material,'' then it
must identify the term in Part I of its LMP and must use this equally
effective term consistently. In addition, the equally effective term is
subject to all requirements of this rule that apply to unwanted
materials. If the eligible academic entity uses another term, but fails
to identify the equally effective term in Part I of its LMP, or uses a
different term not identified in Part I of its LMP, then the eligible
academic entity would be considered in violation of Subpart K.
    While an eligible academic entity's LMP must include, and
reasonably address, the required elements in Part II of its LMP, if the
eligible academic entity does not meet or implement the specific
contents of the elements in Part II of its LMP, an enforcement action
would not be brought against it for such deviations. For example, an
eligible academic entity must describe in Part II of its LMP how it
will provide training for laboratory workers and students commensurate
with their duties. If the institution describes a training program that
specifies the number of hours of classroom training for laboratory
workers or students in its LMP, but they receive either a different
number of hours, or a different type of training, such as video
instruction, the participating institution would not be in violation of
Subpart K, provided the laboratory workers and students are trained
commensurate with their duties.
    Finally, today's rule would not affect a participating eligible
academic entity's obligation to respond promptly to any releases of
hazardous wastes that may occur, including releases of unwanted
materials in the laboratory. Any management of released unwanted
material not in compliance with applicable Federal and State hazardous
waste requirements could result in an enforcement action. For example,
if a spill or release of hazardous waste occurred and was not
immediately cleaned up, the participating eligible academic entity
could potentially be subject to enforcement for illegal disposal of the
hazardous waste. In addition, solid and hazardous waste releases could
potentially be addressed through enforcement orders, such as orders
under RCRA sections 3013 and 7003.

IV. State Authorization

A. Applicability of Rules in Authorized States

    Under section 3006 of RCRA, EPA may authorize a qualified State to
administer its own hazardous waste programs within the State in lieu of
the Federal program. Following authorization, EPA retains enforcement
authority under Sections 3008, 3013, and 7003 of RCRA, although
authorized States have primary enforcement responsibility. The
standards and requirements for State authorization are found at 40 CFR
part 271.
    Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA), a State with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
Federal program in that State. The Federal requirements no longer
applied in the authorized State, and EPA could not issue permits for
any facilities in that State, since only the State was authorized to
issue RCRA permits. When new, more stringent Federal requirements were
promulgated, the State was obligated to enact equivalent authorities
within specified time frames. However, the new Federal requirements did
not take effect in an authorized State until the State adopted the
Federal requirements as State law.
    In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which
was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized States at the same time that they
take effect in unauthorized States. EPA is directed by the statute to
implement these requirements and prohibitions in authorized States,
including the issuance of permits, until the State is granted
authorization to do so. While States must still adopt HSWA related
provisions as State law to retain final authorization, EPA implements
the HSWA provisions in authorized States until the States do so.
    Authorized States are required to modify their programs only when
EPA enacts Federal requirements that are more stringent or broader in
scope than the existing Federal requirements. RCRA section 3009 allows
the States to impose standards more stringent than those in the Federal
program (see also 40 CFR 271.1). Therefore, authorized States may, but
are not required to, adopt Federal regulations, both HSWA

and non-HSWA, that are considered less stringent than previous Federal
regulations.

B. Effect on State Authorization

    Today's rule finalizes regulations that are not being promulgated
under the authority of HSWA. Thus, the standards finalized today would
be applicable on the effective date only in those States that do not
have final authorization of their base RCRA programs. Moreover,
authorized States are required to modify their programs only when EPA
promulgates Federal regulations that are more stringent or broader in
scope than the authorized State regulations. For those changes that are
less stringent or reduce the scope of the Federal program, States are
not required to modify their program. This is a result of section 3009
of RCRA, which allows States to impose more stringent regulations than
the Federal program. However, today's final rule is considered to be
neither more nor less stringent than the current standards. Therefore,
authorized States would not be required to modify their programs to
adopt regulations consistent with and equivalent to today's standards.
Nevertheless, because EPA believes that today's rule will increase the
ability of eligible academic entities to comply with the RCRA hazardous
waste generator regulations which would likely lead to greater
environmental protection, EPA strongly encourages States to adopt
today's rule. Eligible academic entities located in authorized States
wishing to be subject to Subpart K do not have this option until their
State has adopted the final rule.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' since this action
may raise novel legal or policy issues [3(f)(4)]. Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866. Any changes made in response to OMB
recommendations have been documented in the docket for this action.
    This rule is projected to result in benefits to society in the form
of cost savings. The aggregate cost savings for all eligible academic
entities that are projected to take advantage of the final rule is
estimated to be $396,000 per year. This figure is significantly below
the $100 million threshold \9\ established under part 3(f)(1) of the
Order. Thus, this rule is not considered to be an ``economically
significant action.'' However, in an effort to comply with the spirit
of the Executive Order, we have prepared an economic assessment in
support of today's action. This document is entitled: Assessment of
Potential Costs, Benefits and Other Impacts for the Revised Standards
Applicable to Generators of Hazardous Waste; Subpart K--Laboratories
Owned by Eligible Academic Entities. This document is otherwise
referred to as the ``Economic Assessment.'' The docket established for
today's rulemaking maintains a copy of this Economic Assessment for
public review. For a more detailed discussion regarding the comments
received on the economic assessment for the proposed rule, refer to the
Response to Comments Document which can be found in the docket for
today's final rule.
---------------------------------------------------------------------------

    \9\ The $100 million threshold applies to both costs, and cost
savings.
---------------------------------------------------------------------------

1. Introduction to the Economic Assessment for the Final Rule
    The value of any regulatory action is traditionally measured by the
net change in social welfare that it generates. The Agency's economic
assessment conducted as part of EPA's obligations under Executive Order
12866 evaluates costs, cost savings (benefits), waste quantities
affected, and other impacts, such as environmental justice, children's
health, unfunded mandates, regulatory takings, and small entity
impacts. To conduct this analysis, we prepared a baseline
characterization, developed and implemented a methodology for examining
impacts, and followed appropriate guidelines and procedures for
examining equity considerations, children's health, and other impacts.
2. Baseline Specification
    Proper baseline specification is vital to the accurate assessment
of incremental costs, benefits, and other economic impacts associated
with any rulemaking. The baseline essentially describes the world
absent today's final rulemaking. The incremental impacts of today's
final rule are evaluated by assessing anticipated post-rule responses
with respect to baseline conditions and actions. The baseline, as
applied in this analysis, reflects the practices and requirements of
eligible academic entities under the existing hazardous waste generator
regulations. A full discussion of the baseline specification is
presented in the Economic Assessment.
3. Analytical Methodology, Primary Data Sources, and Key Assumptions
    The first step in the methodology for the economic assessment of
today's final rule was to use data from EPA's 2005 National Biennial
Report database and other sources to estimate the number of eligible
academic entities that generate laboratory hazardous wastes and may be
affected by the final rule. Several of the comments submitted to EPA
expressed concern that in the proposed rule, EPA underestimated the
fraction of hazardous waste generated in teaching and research
laboratories at colleges and universities compared to total hazardous
waste generated at colleges and universities. In contrast to the 9
percent estimate used by EPA for its economic analysis for the proposed
rule, these commenters stated that in their experience, laboratory
hazardous waste represents a much larger portion (60 to 95 percent) of
a college or university's total hazardous waste stream. Several
commenters provided detailed data on their hazardous waste generation
especially laboratory hazardous waste. To address this concern, a more
refined methodology for estimating the quantity of hazardous waste
generated by laboratories at eligible academic entities was developed.
For more details about the methodology changes, see section III.A.1 of
today's preamble or the economic assessment for today's final rule.
    Since today's final rule is equally as stringent as the existing
Federal hazardous waste regulations, authorized States are not required
to adopt Subpart K. Thus, once the number of eligible academic entities
was determined, for purposes of the rule's Economic Assessment, EPA
estimated how many States would adopt Subpart K. EPA assumed that
States which have historically adopted at least 85 percent of RCRA's
rule changes over a five-year period will adopt Subpart K. Thus, 29
States and Puerto Rico are projected to adopt today's final rule, while
21 States are assumed to not adopt today's rule.
    In order to model the various scenarios at eligible academic
entities, we employed four factors to categorize eligible academic
entities: institution type, laboratory system size, hazardous waste
generator status, and whether an eligible academic entity operates a
CAA. Using these categorizations, the Economic Assessment examines the
costs and savings of this rule's new requirements, such as
recordkeeping, reporting, training, laboratory clean-outs, etc.,
compared to the existing

hazardous waste generator requirements, to determine the net overall
cost or cost savings of Subpart K which includes all of these factors.
    Finally, a specific annualized before-tax cost analysis was
conducted for each affected entity. Before-tax incremental compliance
costs were used because they represent a resource or social cost of the
rulemaking. A discount rate (real rate of return) of 7 percent was used
covering the estimated period of service or life of the product. All
costs are adjusted to year 2008 dollars using the Implicit Price
Deflator for Gross Domestic Product.
4. Key Analytical Limitations
    The Agency was not able to complete a formal RCRA Section 3007
survey of laboratories at colleges and universities, and non-profit
research institutes and teaching hospitals that are either owned by or
have a formal written affiliation agreement with a college or
university. Consequently, for this assessment, it was necessary to rely
on publicly available data. The key analytical limitations associated
with these data are briefly summarized in the bullets below. Additional
limitations and assumptions related to the economic analysis are
discussed in more detail in the Economic Assessment.
     The analysis relies heavily on information generated in
2005 through a survey by NACUBO and, while this survey represents the
best available source of data, the facilities captured by the survey
may not be representative of the colleges and universities impacted by
the rule.
     This analysis relies on BR data which includes hazardous
waste quantity data for a limited number of SQGs and CESQGs. Thus, the
number of entities within the universe of potentially eligible academic
entities is uncertain.
     Data were not available to estimate the number of
laboratories at non-profit research institutes and teaching hospitals.
College and university data and Web-based internet information were
used to estimate the number of laboratories at these sites.
     The cost impact analysis is very sensitive to the number
and size of containers requiring labeling in the laboratory. The
analysis assumes that one-third of the containers are pint-size, one-
third are quart-size and one-third are gallon-size.
     An eligible academic entity can develop a single LMP that
can cover all its laboratories regardless of whether they are located
in sites with separate EPA Identification Numbers. Data limitations
prevented us from determining which sites generating laboratory
hazardous waste may choose to operate under the same LMP.
5. Findings
    The findings presented here reflect a number of analytical
assumptions and limitations, as touched on above, and as described in
more detail in the Economic Assessment. Furthermore, we have analyzed
additional scenarios and conducted sensitivity analyses that are not
presented in today's preamble. Readers wanting to gain a full
understanding of our analytical methodology, data, findings,
assumptions, and limitations are encouraged to read the Economic
Assessment document prepared in support of this final rule.
    In summary, we have identified a total of 1,580 facilities in
operation in the U.S., which generate laboratory hazardous wastes and
are eligible academic entities as defined under today's rulemaking. Of
this total, 397 are LQGs, 759 are SQGs, and the remaining 424 are
CESQGs. However as stated above, we assume the States which have
historically adopted at least 85 percent of RCRA's rule changes over a
five-year period will adopt Subpart K; thus the universe of eligible
academic entities located in these States is 169 LQGs, 323 SQGs and 181
CESQGs (673 facilities in total). Out of this number of eligible
academic entities located in the States that adopt Subpart K, we
assumed for this analysis that eligible academic entities that
experience cost savings by opting into Subpart K will be the only
eligible academic entities that participate in the final rule. Thus,
the final rule would provide annual aggregate net cost savings of
approximately $396,000. These savings would be realized by the
estimated 112 eligible academic entities that we project would choose
to operate under Subpart K. The greatest savings would accrue to the 25
LQGs projected to elect to be regulated under Subpart K; the analysis
estimates average annual cost savings of approximately $12,200 per LQG
opting into the rule. Lesser savings would be realized by the 87 SQGs
that are projected to elect to be regulated under Subpart K; for each
SQG opting into Subpart K, we estimate average annual cost savings of
approximately $1,000. Under this Economic Assessment, all CESQG
eligible academic entities demonstrated cost increases by operating
under Subpart K, so we assumed that CESQGs would not opt into the final
rule. Overall, average annual savings for eligible academic entities
operating under Subpart K are estimated at approximately $3,500 per
entity.
    An important benefit of Subpart K for some eligible academic
entities will be the opportunity to maintain their typical RCRA
generator status because of today's rule's laboratory clean-out
provisions (see Sec.  262.213). Eligible academic entities that are
able to maintain their normal generator status rather than episodically
increasing their generator status by generating laboratory clean-out
waste can realize savings in reporting, planning, and overall
administrative costs when operating under Subpart K. Another
significant portion of the cost savings achieved reflects a reduction
in the number of off-site hazardous waste shipments, thereby reducing
shipment costs, particularly among colleges, universities, and research
institutes that are able to maintain their typical generator status
from LQG to SQG as a result of the laboratory clean-out provisions.
Such a change allows for longer accumulation times and increased
efficiencies in the number of laboratories visited per day for entities
without CAAs, in order to remove unwanted materials. In addition to
reduced shipments, much of the benefits of the rule include reduced
costs for on-site travel. This largely reflects the stipulation that a
hazardous waste determination for unwanted material in the laboratory
may occur at any time before it is removed from the laboratory or
within four days of arrival at an on-site CAA or TSDF, unlike the
existing generator regulations that stipulate that the hazardous waste
determination must be made at the point of generation.
    The overall goal of today's action is to promote environmental
protection and public health through safer management of laboratory
hazardous waste at eligible academic entities. The Agency has not
monetized or quantitatively estimated the human health or environmental
benefits. However, this rule is expected to result in numerous
environmental benefits. The structured nature of the LMP is expected to
result in safer laboratory practices and increased awareness of
hazardous waste management. This will minimize exposure of humans and
the environment to hazardous wastes. Ultimately, LMPs are expected to
improve the way eligible academic entities coordinate and integrate
their hazardous waste management activities and enhance awareness about
proper laboratory waste handling techniques. In addition to the LMP,
the rule specifies streamlined, yet cost-neutral training requirements
that are expected to increase awareness of waste hazards

and so reduce the potential for mismanagement of the hazardous waste
generated in laboratories. Also, the Agency included incentives in
today's final rule to encourage more frequent laboratory clean-outs of
unwanted and unused reagents, thus reducing the potential for
accidental releases of these chemicals into the environment. Further,
EPA expects to see a benefit from allowing CESQGs to opt into the rule,
because those hazardous wastes generated above CESQGs' monthly volume
limits during a laboratory clean-out will be managed within the
Subtitle C system, as opposed to being managed as a non-hazardous
waste. Finally, we anticipate additional non-quantified economic gains
through improved hazardous waste management practices, waste
minimization, and waste coordination activities.

B. Paperwork Reduction Act

    The information collection requirements in this final rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR Number 2317.01.
    The Paperwork Reduction Act requires that EPA estimate the burden
(time, effort, financial resources) on respondents to comply with all
actions that involve the collection of information, such as
recordkeeping, reporting, or disclosure requirements or other
information collection activities required by this rulemaking. Below is
a description of the information collection activities required by
today's rulemaking.
    Since this rule establishes an alternative set of hazardous waste
generator requirements for eligible academic entities' laboratories, it
is important that EPA or the authorized States know to which set of
regulations an eligible academic entity is subject. Therefore, EPA has
determined at 40 CFR 262.203 and 262.204 that it is necessary to
require an eligible academic entity to submit a notification to the EPA
Regional Administrator (or State Director in authorized States)
indicating that it is electing to be subject to or withdrawing from
Subpart K for all laboratories under the same EPA Identification Number
(or on the same site, in the absence of an EPA Identification Number).
The Site Identification Form must be used by eligible academic entities
to notify the appropriate authority of its participation in or
withdrawal from Subpart K. Under 40 CFR 262.206, 262.208, 262.10,
262.11, and 262.12 of Subpart K, an eligible academic entity must label
containers of unwanted materials, as specified. These labeling
requirements are necessary to: Demonstrate compliance with Subpart K,
alert individuals handling the containers of their contents to ensure
proper management, assist trained professionals in making the hazardous
waste determination and assigning the appropriate hazardous code(s),
ensure emergency responders can quickly ascertain and assess the
contents of a container in case of an emergency, and utilize for
enforcement and monitoring purposes.
    Part 40 CFR 262.207 of Subpart K requires training, commensurate
with duties, for all students and laboratory workers working in a
laboratory. This training is necessary to ensure that unwanted
materials are handled safely and in an environmentally sound manner and
in compliance with Subpart K. In addition, eligible academic entities
that are LQGs must maintain the training records for laboratory
workers.
    Under 40 CFR 262.313, eligible academic entities must develop and
maintain documentation of laboratory clean-outs to ensure compliance
with Subpart K. Also under 40 CFR 262.214, eligible academic entities
are required to develop, implement and maintain an LMP to document
their practices for complying with the performance-based requirements
of Subpart K.
    Section 3007(b) of RCRA and 40 CFR part 2, Subpart B, defines EPA's
general policy on public disclosure of information, and contains
provisions for confidentiality. However, the Agency does not anticipate
that eligible academic entities will assert any claims of
confidentiality in association with the final rule. If such a claim
were asserted, EPA must and will treat the information in accordance
with the regulations cited above. EPA also will assure that this
information collection complies with the Privacy Act of 1974 and OMB
Circular 108.
    According to the estimates provided in the ICR for this final rule,
the average annual incremental burden of new paperwork requirements to
respondents as a result of today's final rule is approximately 12,557
hours and $461,632. These estimates are a total net burden to
respondents meaning that the burden relief to eligible academic
entities under the existing regulations was subtracted from the new
paperwork requirements of Subpart K. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    The Agency received one consolidated comment representing six
commenters on the ICR for the proposed rule. The comment on burden
estimates focused on the notification requirement for Subpart K. In
general, the commenters believe the burden estimates for notifying the
appropriate authority of an eligible academic entity's decision to opt
into or out of Subpart K (see Sec. Sec.  262.203 and 262.204) were
fairly accurate and supported use of the Site Identification Form as
the mechanism to be used for notification. The comment specifically
stated, ``* * * burden for the college to notify appears to be accurate
and would be the same regardless of whether a letter or Site
Identification Form is used. However, the burden for the implementer
for clerical time should be cut in half, from 0.5 to 0.25.'' In
addition the comment stated, `` * * * the proposed notification
requirement discussed on Federal Register notice page 29727 under
section B.3 could be met by using the Site Identification Form (EPA
form 8700-12).'' A vast majority of the comments received supported the
use of the Site Identification Form over the use of a letter for
notification purposes. Thus, the Agency has chosen to finalize the
requirement for eligible academic entities to use the Site
Identification Form for notification.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act, or any other statute, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity.
Small entities are defined as: (1) A small business as defined by the
Small Business Administration's (SBA) regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. After considering the economic impacts of
today's final rule on small entities, I certify that this action will
not have a significant economic impact on a substantial number of small
entities. Under the final rule, no small eligible academic entities are
projected to adopt the regulation unless they expect to experience a
net decrease in costs associated with managing their laboratory
hazardous waste. Based on these findings, we do not believe that this
rule will result in significant economic impacts on a substantial
number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector. Under Sec.  202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, Local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, Section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    Today's final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, Local, or
Tribal governments or the private sector. The UMRA generally excludes
from the definition of ``Federal intergovernmental mandate,'' duties
that arise from participation in a voluntary Federal program. This rule
is a voluntary program because the States are not required to adopt
these requirements as a condition of authorization (or otherwise).
Furthermore, EPA has determined that this rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, Local, and Tribal governments, in the aggregate, or the
private sector in any one year. The total net benefits (cost savings)
of this action are estimated to be $396,000 per year. Finally, EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    Today's rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in the Order. The rule focuses on a set of alternative
generator requirements for eligible academic entities generating
laboratory hazardous wastes, without affecting the relationships
between Federal and State governments. Thus, Executive Order 13132 does
not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' This final rule does not have
Tribal implications, as specified in Executive Order 13175. EPA has
concluded that this rule may have Tribal implications only to the
extent that qualifying academic institutions could be affected if they
have laboratories that are in some way affiliated with Tribal lands.
However, this rule will neither impose substantial direct compliance
costs on Tribal governments nor preempt Tribal law.
    EPA did not consult directly with representatives of Tribal
governments in the process of developing this rule. However, EPA did
conduct an extensive outreach process with States and potentially
affected entities. Furthermore, we received no comments from any Tribal
governments on the proposed rule. Thus, we believe we have captured the
concerns that would have been expressed by representatives of Tribal
governments.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria,

the Agency must evaluate the environmental health or safety effects of
the planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
    Today's final rule is not subject to the Executive Order because it
is not economically significant and because the Agency does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Usage

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not
an economically significant action under Executive Order 12866. This
rule will not seriously disrupt energy supply, distribution patterns,
prices, imports or exports. Furthermore, this rule is designed to
improve economic efficiency by streamlining the management of
laboratory hazardous wastes.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. This final action is
designed to ensure more effective and efficient management of
laboratory hazardous wastes.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective December 31, 2008.

List of Subjects

40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.

    Dated: November 18, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, Parts 261 and 262 of title 40,
chapter I of the Code of Federal Regulations are amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.

0
2. Section 261.5 is amended by removing the period at the end of
paragraph (c)(6) and adding in its place a ``semicolon'' and by adding
paragraph (c)(7) to read as follows:

Sec.  261.5  Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.

* * * * *
    (c) * * *
    (7) Is a hazardous waste that is an unused commercial chemical
product (listed in 40 CFR part 261, subpart D or exhibiting one or more
characteristics in 40 CFR part 261, subpart C) that is generated solely
as a result of a laboratory clean-out conducted at an eligible academic
entity pursuant to Sec.  262.213. For purposes of this provision, the
term eligible academic entity shall have the meaning as defined in
Sec.  262.200 of Part 262.
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

0
3. The authority citation for part 262 continues to read as follows:

    Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.

Subpart A--General

0
4. Section 262.10 is amended by adding paragraph (l) to read as
follows:

Sec.  262.10  Purpose, scope, and applicability.

* * * * *
    (l) The laboratories owned by an eligible academic entity that
chooses to be subject to the requirements of Subpart K of this part are
not subject to (for purposes of this paragraph, the terms
``laboratory'' and ``eligible academic entity'' shall have the meaning
as defined in Sec.  262.200 of Subpart K of this part).:
    (1) The requirements of Sec.  262.11 or Sec.  262.34(c), for large
quantity generators and small quantity generators, except as provided
in Subpart K, and
    (2) The conditions of Sec.  261.5(b), for conditionally exempt
small quantity generators, except as provided in Subpart K.

0
5. Part 262 is amended by adding Subpart K to read as follows:
Subpart K--Alternative Requirements for Hazardous Waste Determination
and Accumulation of Unwanted Material for Laboratories Owned by
Eligible Academic Entities
Sec.
262.200 Definitions for this subpart.
262.201 Applicability of this subpart.
262.202 This subpart is optional.

262.203 How an eligible academic entity indicates it will be subject
to the requirements of this subpart.
262.204 How an eligible academic entity indicates it will withdraw
from the requirements of this subpart.
262.205 Summary of the requirements of this subpart.
262.206 Labeling and management standards for containers of unwanted
material in the laboratory.
262.207 Training.
262.208 Removing containers of unwanted material from the
laboratory.
262.209 Where and when to make the hazardous waste determination and
where to send containers of unwanted material upon removal from the
laboratory.
262.210 Making the hazardous waste determination in the laboratory
before the unwanted material is removed from the laboratory.
262.211 Making the hazardous waste determination at an on-site
central accumulation area.
262.212 Making the hazardous waste determination at an on-site
interim status or permitted treatment, storage or disposal facility.
262.213 Laboratory clean-outs.
262.214 Laboratory management plan.
262.215 Unwanted material that is not solid or hazardous waste.
262.216 Non-laboratory hazardous waste generated at an eligible
academic entity.

Subpart K--Alternative Requirements for Hazardous Waste
Determination and Accumulation of Unwanted Material for
Laboratories Owned by Eligible Academic Entities

Sec.  262.200  Definitions for this subpart.

    The following definitions apply to this subpart:
    Central accumulation area means an on-site hazardous waste
accumulation area subject to either Sec.  262.34(a) (or 262.34(j) and
(k) for Performance Track members) of this part (large quantity
generators); or Sec.  262.34(d)-(f) of this part (small quantity
generators). A central accumulation area at an eligible academic entity
that chooses to be subject to this subpart must also comply with Sec.
262.211 when accumulating unwanted material and/or hazardous waste.
    College/University means a private or public, post-secondary,
degree-granting, academic institution, that is accredited by an
accrediting agency listed annually by the U.S. Department of Education.
    Eligible academic entity means a college or university, or a non-
profit research institute that is owned by or has a formal written
affiliation agreement with a college or university, or a teaching
hospital that is owned by or has a formal written affiliation agreement
with a college or university.
    Formal written affiliation agreement for a non-profit research
institute means a written document that establishes a relationship
between institutions for the purposes of research and/or education and
is signed by authorized representatives, as defined by Sec.  260.10,
from each institution. A relationship on a project-by-project or grant-
by-grant basis is not considered a formal written affiliation
agreement. A formal written affiliation agreement for a teaching
hospital means a master affiliation agreement and program letter of
agreement, as defined by the Accreditation Council for Graduate Medical
Education, with an accredited medical program or medical school.
    Laboratory means an area owned by an eligible academic entity where
relatively small quantities of chemicals and other substances are used
on a non-production basis for teaching or research (or diagnostic
purposes at a teaching hospital) and are stored and used in containers
that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such
as chemical stockrooms and preparatory laboratories that provide a
support function to teaching or research laboratories (or diagnostic
laboratories at teaching hospitals) are also considered laboratories.
    Laboratory clean-out means an evaluation of the inventory of
chemicals and other materials in a laboratory that are no longer needed
or that have expired and the subsequent removal of those chemicals or
other unwanted materials from the laboratory. A clean-out may occur for
several reasons. It may be on a routine basis (e.g., at the end of a
semester or academic year) or as a result of a renovation, relocation,
or change in laboratory supervisor/occupant. A regularly scheduled
removal of unwanted material as required by Sec.  262.208 does not
qualify as a laboratory clean-out.
    Laboratory worker means a person who handles chemicals and/or
unwanted material in a laboratory and may include, but is not limited
to, faculty, staff, post-doctoral fellows, interns, researchers,
technicians, supervisors/managers, and principal investigators. A
person does not need to be paid or otherwise compensated for his/her
work in the laboratory to be considered a laboratory worker.
Undergraduate and graduate students in a supervised classroom setting
are not laboratory workers.
    Non-profit research institute means an organization that conducts
research as its primary function and files as a non-profit organization
under the tax code of 26 U.S.C. 501(c)(3).
    Reactive acutely hazardous unwanted material means an unwanted
material that is one of the acutely hazardous commercial chemical
products listed in Sec.  261.33(e) for reactivity.
    Teaching hospital means a hospital that trains students to become
physicians, nurses or other health or laboratory personnel.
    Trained professional means a person who has completed the
applicable RCRA training requirements of Sec.  265.16 for large
quantity generators, or is knowledgeable about normal operations and
emergencies in accordance with Sec.  262.34(d)(5)(iii) for small
quantity generators and conditionally exempt small quantity generators.
A trained professional may be an employee of the eligible academic
entity or may be a contractor or vendor who meets the requisite
training requirements.
    Unwanted material means any chemical, mixtures of chemicals,
products of experiments or other material from a laboratory that is no
longer needed, wanted or usable in the laboratory and that is destined
for hazardous waste determination by a trained professional. Unwanted
materials include reactive acutely hazardous unwanted materials and
materials that may eventually be determined not to be solid waste
pursuant to Sec.  261.2, or a hazardous waste pursuant to Sec.  261.3.
If an eligible academic entity elects to use another equally effective
term in lieu of ``unwanted material,'' as allowed by Sec.
262.206(a)(1)(i), the equally effective term has the same meaning and
is subject to the same requirements as ``unwanted material'' under this
subpart.
    Working container means a small container (i.e., two gallons or
less) that is in use at a laboratory bench, hood, or other work
station, to collect unwanted material from a laboratory experiment or
procedure.

Sec.  262.201  Applicability of this subpart.

    (a) Large quantity generators and small quantity generators. This
subpart provides alternative requirements to the requirements in
Sec. Sec.  262.11 and 262.34(c) for the hazardous waste determination
and accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided
that they complete the notification requirements of Sec.  262.203.
    (b) Conditionally exempt small quantity generators. This subpart
provides alternative requirements to the conditional exemption in Sec.
261.5(b) for

the accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided
that they complete the notification requirements of Sec.  262.203.

Sec.  262.202  This subpart is optional.

    (a) Large quantity generators and small quantity generators:
Eligible academic entities have the option of complying with this
subpart with respect to its laboratories, as an alternative to
complying with the requirements of Sec. Sec.  262.11 and 262.34(c).
    (b) Conditionally exempt small quantity generators. Eligible
academic entities have the option of complying with this subpart with
respect to its laboratories, as an alternative to complying with the
conditional exemption of Sec.  261.5(b).

Sec.  262.203  How an eligible academic entity indicates it will be
subject to the requirements of this subpart.

    (a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to be
subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification
Number. An eligible academic entity that is a conditionally exempt
small quantity generator and does not have an EPA Identification Number
must notify that it is electing to be subject to the requirements of
this subpart for all the laboratories owned by the eligible academic
entity that are on-site, as defined by Sec.  260.10. An eligible
academic entity must submit a separate notification (Site
Identification Form) for each EPA Identification Number (or site, for
conditionally exempt small quantity generators) that is electing to be
subject to the requirements of this subpart, and must submit the Site
Identification Form before it begins operating under this subpart.
    (b) When submitting the Site Identification Form, the eligible
academic entity must, at a minimum, fill out the following fields on
the form:
    (1) Reason for Submittal.
    (2) Site EPA Identification Number (except for conditionally exempt
small quantity generators).
    (3) Site Name.
    (4) Site Location Information.
    (5) Site Land Type.
    (6) North American Industry Classification System (NAICS) Code(s)
for the Site.
    (7) Site Mailing Address.
    (8) Site Contact Person.
    (9) Operator and Legal Owner of the Site.
    (10) Type of Regulated Waste Activity.
    (11) Certification.
    (c) An eligible academic entity must keep a copy of the
notification on file at the eligible academic entity for as long as its
laboratories are subject to this subpart.
    (d) A teaching hospital that is not owned by a college or
university must keep a copy of its formal written affiliation agreement
with a college or university on file at the teaching hospital for as
long as its laboratories are subject to this subpart.
    (e) A non-profit research institute that is not owned by a college
or university must keep a copy of its formal written affiliation
agreement with a college or university on file at the non-profit
research institute for as long as its laboratories are subject to this
subpart.

Sec.  262.204  How an eligible academic entity indicates it will
withdraw from the requirements of this subpart.

    (a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to no
longer be subject to the requirements of this subpart for all the
laboratories owned by the eligible academic entity under the same EPA
Identification Number and that it will comply with the requirements of
Sec. Sec.  262.11 and 262.34(c) for small quantity generators and large
quantity generators. An eligible academic entity that is a
conditionally exempt small quantity generator and does not have an EPA
Identification Number must notify that it is withdrawing from the
requirements of this subpart for all the laboratories owned by the
eligible academic entity that are on-site and that it will comply with
the conditional exemption in Sec.  261.5(b). An eligible academic
entity must submit a separate notification (Site Identification Form)
for each EPA Identification Number (or site, for conditionally exempt
small quantity generators) that is withdrawing from the requirements of
this subpart and must submit the Site Identification Form before it
begins operating under the requirements of Sec. Sec.  262.11 and
262.34(c) for small quantity generators and large quantity generators,
or Sec.  261.5(b) for conditionally exempt small quantity generators.
    (b) When submitting the Site Identification Form, the eligible
academic entity must, at a minimum, fill out the following fields on
the form:
    (1) Reason for Submittal.
    (2) Site EPA Identification Number (except for conditionally exempt
small quantity generators).
    (3) Site Name.
    (4) Site Location Information.
    (5) Site Land Type.
    (6) North American Industry Classification System (NAICS) Code(s)
for the Site.
    (7) Site Mailing Address.
    (8) Site Contact Person.
    (9) Operator and Legal Owner of the Site.
    (10) Type of Regulated Waste Activity.
    (11) Certification.
    (c) An eligible academic entity must keep a copy of the withdrawal
notice on file at the eligible academic entity for three years from the
date of the notification.

Sec.  262.205  Summary of the requirements of this subpart.

    An eligible academic entity that chooses to be subject to this
subpart is not required to have interim status or a RCRA Part B permit
for the accumulation of unwanted material and hazardous waste in its
laboratories, provided the laboratories comply with the provisions of
this subpart and the eligible academic entity has a Laboratory
Management Plan (LMP) in accordance with Sec.  262.214 that describes
how the laboratories owned by the eligible academic entity will comply
with the requirements of this subpart.

Sec.  262.206  Labeling and management standards for containers of
unwanted material in the laboratory.

    An eligible academic entity must manage containers of unwanted
material while in the laboratory in accordance with the requirements in
this section.
    (a) Labeling: Label unwanted material as follows:
    (1) The following information must be affixed or attached to the
container:
    (i) The words ``unwanted material'' or another equally effective
term that is to be used consistently by the eligible academic entity
and that is identified in Part I of the Laboratory Management Plan, and
    (ii) Sufficient information to alert emergency responders to the
contents of the container. Examples of information that would be
sufficient to alert emergency responders to the contents of the
container include, but are not limited to:
    (A) The name of the chemical(s),
    (B) The type or class of chemical, such as organic solvents or
halogenated organic solvents.
    (2) The following information may be affixed or attached to the
container, but

must at a minimum be associated with the container:
    (i) The date that the unwanted material first began accumulating in
the container, and
    (ii) Information sufficient to allow a trained professional to
properly identify whether an unwanted material is a solid and hazardous
waste and to assign the proper hazardous waste code(s), pursuant to
Sec.  262.11. Examples of information that would allow a trained
professional to properly identify whether an unwanted material is a
solid or hazardous waste include, but are not limited to:
    (A) The name and/or description of the chemical contents or
composition of the unwanted material, or, if known, the product of the
chemical reaction,
    (B) Whether the unwanted material has been used or is unused,
    (C) A description of the manner in which the chemical was produced
or processed, if applicable.
    (b) Management of Containers in the Laboratory: An eligible
academic entity must properly manage containers of unwanted material in
the laboratory to assure safe storage of the unwanted material, to
prevent leaks, spills, emissions to the air, adverse chemical
reactions, and dangerous situations that may result in harm to human
health or the environment. Proper container management must include the
following:
    (1) Containers are maintained and kept in good condition and
damaged containers are replaced, overpacked, or repaired, and
    (2) Containers are compatible with their contents to avoid
reactions between the contents and the container; and are made of, or
lined with, material that is compatible with the unwanted material so
that the container's integrity is not impaired, and
    (3) Containers must be kept closed at all times, except:
    (i) When adding, removing or consolidating unwanted material, or
    (ii) A working container may be open until the end of the procedure
or work shift, or until it is full, whichever comes first, at which
time the working container must either be closed or the contents
emptied into a separate container that is then closed, or
    (iii) When venting of a container is necessary.
    (A) For the proper operation of laboratory equipment, such as with
in-line collection of unwanted materials from high performance liquid
chromatographs, or
    (B) To prevent dangerous situations, such as build-up of extreme
pressure.

Sec.  262.207  Training.

    An eligible academic entity must provide training to all
individuals working in a laboratory at the eligible academic entity, as
follows:
    (a) Training for laboratory workers and students must be
commensurate with their duties so they understand the requirements in
this subpart and can implement them.
    (b) An eligible academic entity can provide training for laboratory
workers and students in a variety of ways, including, but not limited
to:
    (1) Instruction by the professor or laboratory manager before or
during an experiment; or
    (2) Formal classroom training; or
    (3) Electronic/written training; or
    (4) On-the-job training; or
    (5) Written or oral exams.
    (c) An eligible academic entity that is a large quantity generator
must maintain documentation for the durations specified in Sec.
265.16(e) demonstrating training for all laboratory workers that is
sufficient to determine whether laboratory workers have been trained.
Examples of documentation demonstrating training can include, but are
not limited to, the following:
    (1) Sign-in/attendance sheet(s) for training session(s); or
    (2) Syllabus for training session; or
    (3) Certificate of training completion; or
    (4) Test results.
    (d) A trained professional must:
    (1) Accompany the transfer of unwanted material and hazardous waste
when the unwanted material and hazardous waste is removed from the
laboratory, and
    (2) Make the hazardous waste determination, pursuant to Sec.
262.11, for unwanted material.

Sec.  262.208  Removing containers of unwanted material from the
laboratory.

    (a) Removing containers of unwanted material on a regular schedule.
An eligible academic entity must either:
    (1) Remove all containers of unwanted material from each laboratory
on a regular interval, not to exceed 6 months; or
    (2) Remove containers of unwanted material from each laboratory
within 6 months of each container's accumulation start date.
    (b) The eligible academic entity must specify in Part I of its
Laboratory Management Plan whether it will comply with paragraph (a)(1)
or (a)(2) of this section for the regular removal of unwanted material
from its laboratories.
    (c) The eligible academic entity must specify in Part II of its
Laboratory Management Plan how it will comply with paragraph (a)(1) or
(a)(2) of this section and develop a schedule for regular removals of
unwanted material from its laboratories.
    (d) Removing containers of unwanted material when volumes are
exceeded.
    (1) If a laboratory accumulates a total volume of unwanted material
(including reactive acutely hazardous unwanted material) in excess of
55 gallons before the regularly scheduled removal, the eligible
academic entity must ensure that all containers of unwanted material in
the laboratory (including reactive acutely hazardous unwanted
material):
    (i) Are marked on the label that is associated with the container
(or on the label that is affixed or attached to the container, if that
is preferred) with the date that 55 gallons is exceeded; and
    (ii) Are removed from the laboratory within 10 calendar days of the
date that 55 gallons was exceeded, or at the next regularly scheduled
removal, whichever comes first.
    (2) If a laboratory accumulates more than 1 quart of reactive
acutely hazardous unwanted material before the regularly scheduled
removal, then the eligible academic entity must ensure that all
containers of reactive acutely hazardous unwanted material:
    (i) Are marked on the label that is associated with the container
(or on the label that is affixed or attached to the container, if that
is preferred) with the date that 1 quart is exceeded; and
    (ii) Are removed from the laboratory within 10 calendar days of the
date that 1 quart was exceeded, or at the next regularly scheduled
removal, whichever comes first.

Sec.  262.209  Where and when to make the hazardous waste determination
and where to send containers of unwanted material upon removal from the
laboratory.

    (a) Large quantity generators and small quantity generators--an
eligible academic entity must ensure that a trained professional makes
a hazardous waste determination, pursuant to Sec.  262.11, for unwanted
material in any of the following areas:
    (1) In the laboratory before the unwanted material is removed from
the laboratory, in accordance with Sec.  262.210;
    (2) Within 4 calendar days of arriving at an on-site central
accumulation area, in accordance with Sec.  262.211; and
    (3) Within 4 calendar days of arriving at an on-site interim status
or permitted treatment, storage or disposal facility, in accordance
with Sec.  262.212.
    (b) Conditionally exempt small quantity generators--an eligible
academic entity must ensure that a trained professional makes a
hazardous

waste determination, pursuant to Sec.  262.11, for unwanted material in
the laboratory before the unwanted material is removed from the
laboratory, in accordance with Sec.  262.210.

Sec.  262.210  Making the hazardous waste determination in the
laboratory before the unwanted material is removed from the laboratory.

    If an eligible academic entity makes the hazardous waste
determination, pursuant to Sec.  262.11, for unwanted material in the
laboratory, it must comply with the following:
    (a) A trained professional must make the hazardous waste
determination, pursuant to Sec.  262.11, before the unwanted material
is removed from the laboratory.
    (b) If an unwanted material is a hazardous waste, the eligible
academic entity must:
    (1) Write the words ``hazardous waste'' on the container label that
is affixed or attached to the container, before the hazardous waste may
be removed from the laboratory; and
    (2) Write the appropriate hazardous waste code(s) on the label that
is associated with the container (or on the label that is affixed or
attached to the container, if that is preferred) before the hazardous
waste is transported off-site.
    (3) Count the hazardous waste toward the eligible academic entity's
generator status, pursuant to Sec.  261.5(c) and (d), in the calendar
month that the hazardous waste determination was made.
    (c) A trained professional must accompany all hazardous waste that
is transferred from the laboratory(ies) to an on-site central
accumulation area or on-site interim status or permitted treatment,
storage or disposal facility.
    (d) When hazardous waste is removed from the laboratory:
    (1) Large quantity generators and small quantity generators must
ensure it is taken directly from the laboratory(ies) to an on-site
central accumulation area, or on-site interim status or permitted
treatment, storage or disposal facility, or transported off-site.
    (2) Conditionally exempt small quantity generators must ensure it
is taken directly from the laboratory(ies) to any of the types of
facilities listed in Sec.  261.5(f)(3) for acute hazardous waste, or
Sec.  261.5(g)(3) for hazardous waste.
    (e) An unwanted material that is a hazardous waste is subject to
all applicable hazardous waste regulations when it is removed from the
laboratory.

Sec.  262.211  Making the hazardous waste determination at an on-site
central accumulation area.

    If an eligible academic entity makes the hazardous waste
determination, pursuant to Sec.  262.11, for unwanted material at an
on-site central accumulation area, it must comply with the following:
    (a) A trained professional must accompany all unwanted material
that is transferred from the laboratory(ies) to an on-site central
accumulation area.
    (b) All unwanted material removed from the laboratory(ies) must be
taken directly from the laboratory(ies) to the on-site central
accumulation area.
    (c) The unwanted material becomes subject to the generator
accumulation regulations of Sec.  262.34(a) (or Sec.  262.34(j) and (k)
for Performance Track members) for large quantity generators or Sec.
262.34(d)-(f) for small quantity generators as soon as it arrives in
the central accumulation area, except for the ``hazardous waste''
labeling requirements of Sec.  262.34(a)(3) (or Sec.  262.34(j)(6) for
Performance Track members).
    (d) A trained professional must determine, pursuant to Sec.
262.11, if the unwanted material is a hazardous waste within 4 calendar
days of the unwanted materials' arrival at the on-site central
accumulation area.
    (e) If the unwanted material is a hazardous waste, the eligible
academic entity must:
    (1) Write the words ``hazardous waste'' on the container label that
is affixed or attached to the container, within 4 calendar days of
arriving at the on-site central accumulation area and before the
hazardous waste may be removed from the on-site central accumulation
area, and
    (2) Write the appropriate hazardous waste code(s) on the container
label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) before the
hazardous waste may be treated or disposed of on-site or transported
off-site, and
    (3) Count the hazardous waste toward the eligible academic entity's
generator status, pursuant to Sec.  261.5(c) and (d) in the calendar
month that the hazardous waste determination was made, and
    (4) Manage the hazardous waste according to all applicable
hazardous waste regulations.

Sec.  262.212  Making the hazardous waste determination at an on-site
interim status or permitted treatment, storage or disposal facility.

    If an eligible academic entity makes the hazardous waste
determination, pursuant to Sec.  262.11, for unwanted material at an
on-site interim status or permitted treatment, storage or disposal
facility, it must comply with the following:
    (a) A trained professional must accompany all unwanted material
that is transferred from the laboratory(ies) to an on-site interim
status or permitted treatment, storage or disposal facility.
    (b) All unwanted material removed from the laboratory(ies) must be
taken directly from the laboratory(ies) to the on-site interim status
or permitted treatment, storage or disposal facility.
    (c) The unwanted material becomes subject to the terms of the
eligible academic entity's hazardous waste permit or interim status as
soon as it arrives in the on-site treatment, storage or disposal
facility.
    (d) A trained professional must determine, pursuant to Sec.
262.11, if the unwanted material is a hazardous waste within 4 calendar
days of the unwanted materials' arrival at an on-site interim status or
permitted treatment, storage or disposal facility.
    (e) If the unwanted material is a hazardous waste, the eligible
academic entity must:
    (1) Write the words ``hazardous waste'' on the container label that
is affixed or attached to the container (or on the label that is
affixed or attached to the container, if that is preferred) within 4
calendar days of arriving at the on-site interim status or permitted
treatment, storage or disposal facility and before the hazardous waste
may be removed from the on-site interim status or permitted treatment,
storage or disposal facility, and
    (2) Write the appropriate hazardous waste code(s) on the container
label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) before the
hazardous waste may be treated or disposed on-site or transported off-
site, and
    (3) Count the hazardous waste toward the eligible academic entity's
generator status, pursuant to Sec.  261.5(c) and (d) in the calendar
month that the hazardous waste determination was made, and
    (4) Manage the hazardous waste according to all applicable
hazardous waste regulations.

Sec.  262.213  Laboratory clean-outs.

    (a) One time per 12 month period for each laboratory, an eligible
academic entity may opt to conduct a laboratory clean-out that is
subject to all the applicable requirements of this subpart, except
that:
    (1) If the volume of unwanted material in the laboratory exceeds 55
gallons (or 1 quart of reactive acutely hazardous unwanted material),
the eligible academic entity is not required to remove all unwanted
materials from the laboratory within 10 calendar days

of exceeding 55 gallons (or 1 quart of reactive acutely hazardous
unwanted material), as required by Sec.  262.208. Instead, the eligible
academic entity must remove all unwanted materials from the laboratory
within 30 calendar days from the start of the laboratory clean-out; and
    (2) For the purposes of on-site accumulation, an eligible academic
entity is not required to count a hazardous waste that is an unused
commercial chemical product (listed in 40 CFR part 261, subpart D or
exhibiting one or more characteristics in 40 CFR part 261, subpart C)
generated solely during the laboratory clean-out toward its hazardous
waste generator status, pursuant to Sec.  261.5(c) and (d). An unwanted
material that is generated prior to the beginning of the laboratory
clean-out and is still in the laboratory at the time the laboratory
clean-out commences must be counted toward hazardous waste generator
status, pursuant to Sec.  261.5(c) and (d), if it is determined to be
hazardous waste; and
    (3) For the purposes of off-site management, an eligible academic
entity must count all its hazardous waste, regardless of whether the
hazardous waste was counted toward generator status under paragraph
(a)(2) of this section, and if it generates more than 1 kg/month of
acute hazardous waste or more than 100 kg/month of hazardous waste
(i.e., the conditionally exempt small quantity generator limits of
Sec.  261.5), the hazardous waste is subject to all applicable
hazardous waste regulations when it is transported off-site; and
    (4) An eligible academic entity must document the activities of the
laboratory clean-out. The documentation must, at a minimum, identify
the laboratory being cleaned out, the date the laboratory clean-out
begins and ends, and the volume of hazardous waste generated during the
laboratory clean-out. The eligible academic entity must maintain the
records for a period of three years from the date the clean-out ends;
and
    (b) For all other laboratory clean-outs conducted during the same
12-month period, an eligible academic entity is subject to all the
applicable requirements of this subpart, including, but not limited to:
    (1) The requirement to remove all unwanted materials from the
laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart
of reactive acutely hazardous unwanted material), as required by Sec.
262.208; and
    (2) The requirement to count all hazardous waste, including unused
hazardous waste, generated during the laboratory clean-out toward its
hazardous waste generator status, pursuant to Sec.  261.5(c) and (d).

Sec.  262.214  Laboratory management plan.

    An eligible academic entity must develop and retain a written
Laboratory Management Plan, or revise an existing written plan. The
Laboratory Management Plan is a site-specific document that describes
how the eligible academic entity will manage unwanted materials in
compliance with this subpart. An eligible academic entity may write one
Laboratory Management Plan for all the laboratories owned by the
eligible academic entity that have opted into this subpart, even if the
laboratories are located at sites with different EPA Identification
Numbers. The Laboratory Management Plan must contain two parts with a
total of nine elements identified in paragraphs (a) and (b) of this
section. In Part I of its Laboratory Management Plan, an eligible
academic entity must describe its procedures for each of the elements
listed in paragraph (a) of this section. An eligible academic entity
must implement and comply with the specific provisions that it develops
to address the elements in Part I of the Laboratory Management Plan. In
Part II of its Laboratory Management Plan, an eligible academic entity
must describe its best management practices for each of the elements
listed in paragraph (b) of this section. The specific actions taken by
an eligible academic entity to implement each element in Part II of its
Laboratory Management Plan may vary from the procedures described in
the eligible academic entity's Laboratory Management Plan, without
constituting a violation of this subpart. An eligible academic entity
may include additional elements and best management practices in Part
II of its Laboratory Management Plan if it chooses.
    (a) The eligible academic entity must implement and comply with the
specific provisions of Part I of its Laboratory Management Plan. In
Part I of its Laboratory Management Plan, an eligible academic entity
must:
    (1) Describe procedures for container labeling in accordance with
Sec.  262.206(a), including:
    (i) Identifying whether the eligible academic entity will use the
term ``unwanted material'' on the containers in the laboratory. If not,
identify an equally effective term that will be used in lieu of
``unwanted material'' and consistently by the eligible academic entity.
The equally effective term, if used, has the same meaning and is
subject to the same requirements as ``unwanted material.''
    (ii) Identifying the manner in which information that is
``associated with the container'' will be imparted.
    (2) Identify whether the eligible academic entity will comply with
Sec.  262.208(a)(1) or (a)(2) for regularly scheduled removals of
unwanted material from the laboratory.
    (b) In Part II of its Laboratory Management Plan, an eligible
academic entity must:
    (1) Describe its intended best practices for container labeling and
management, including how the eligible academic entity will manage
containers used for in-line collection of unwanted materials, such as
with high performance liquid chromatographs and other laboratory
equipment (see the required standards at Sec.  262.206).
    (2) Describe its intended best practices for providing training for
laboratory workers and students commensurate with their duties (see the
required standards at Sec.  262.207(a)).
    (3) Describe its intended best practices for providing training to
ensure safe on-site transfers of unwanted material and hazardous waste
by trained professionals (see the required standards at Sec.
262.207(d)(1)).
    (4) Describe its intended best practices for removing unwanted
material from the laboratory, including:
    (i) For regularly scheduled removals--Develop a regular schedule
for identifying and removing unwanted materials from its laboratories
(see the required standards at Sec.  262.208(a)(1) and (a)(2)).
    (ii) For removals when maximum volumes are exceeded:
    (A) Describe its intended best practices for removing unwanted
materials from the laboratory within 10 calendar days when unwanted
materials have exceeded their maximum volumes (see the required
standards at Sec.  262.208(d)).
    (B) Describe its intended best practices for communicating that
unwanted materials have exceeded their maximum volumes.
    (5) Describe its intended best practices for making hazardous waste
determinations, including specifying the duties of the individuals
involved in the process (see the required standards at Sec.  262.11 and
Sec. Sec.  262.209 through 262.212).
    (6) Describe its intended best practices for laboratory clean-outs,
if the eligible academic entity plans to use the incentives for
laboratory clean-outs provided in Sec.  262.213, including:
    (i) Procedures for conducting laboratory clean-outs (see the
required standards at Sec.  262.213(a)(1) through (3)); and

    (ii) Procedures for documenting laboratory clean-outs (see the
required standards at Sec.  262.213(a)(4)).
    (7) Describe its intended best practices for emergency prevention,
including:
    (i) Procedures for emergency prevention, notification, and
response, appropriate to the hazards in the laboratory; and
    (ii) A list of chemicals that the eligible academic entity has, or
is likely to have, that become more dangerous when they exceed their
expiration date and/or as they degrade; and
    (iii) Procedures to safely dispose of chemicals that become more
dangerous when they exceed their expiration date and/or as they
degrade; and
    (iv) Procedures for the timely characterization of unknown
chemicals.
    (c) An eligible academic entity must make its Laboratory Management
Plan available to laboratory workers, students, or any others at the
eligible academic entity who request it.
    (d) An eligible academic entity must review and revise its
Laboratory Management Plan, as needed.

Sec.  262.215  Unwanted material that is not solid or hazardous waste.

    (a) If an unwanted material does not meet the definition of solid
waste in Sec.  261.2, it is no longer subject to this subpart or to the
RCRA hazardous waste regulations.
    (b) If an unwanted material does not meet the definition of
hazardous waste in Sec.  261.3, it is no longer subject to this subpart
or to the RCRA hazardous waste regulations, but must be managed in
compliance with any other applicable regulations and/or conditions.

Sec.  262.216  Non-laboratory hazardous waste generated at an eligible
academic entity.

    An eligible academic entity that generates hazardous waste outside
of a laboratory is not eligible to manage that hazardous waste under
this subpart; and
    (a) Remains subject to the generator requirements of Sec. Sec.
262.11 and 262.34(c) for large quantity generators and small quantity
generators (if the hazardous waste is managed in a satellite
accumulation area), and all other applicable generator requirements of
40 CFR part 262, with respect to that hazardous waste; or
    (b) Remains subject to the conditional exemption of Sec.  261.5(b)
for conditionally exempt small quantity generators, with respect to
that hazardous waste.

[FR Doc. E8-27863 Filed 11-28-08; 8:45 am]

BILLING CODE 6560-50-P