(12) “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. Also includes unwanted materials including reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be solid waste pursuant to section 261.2 or a hazardous waste pursuant to section 261.3. If an eligible academic entity elects to use another equally effective term in lieu of ‘‘unwanted material,’’ as allowed by s. NR 662.206 (1) (a) 1., the equally effective term has the same meaning and is subject to the same requirements as ‘‘unwanted material’’ under this subchapter. (13) “Working container” means a small container (i.e., 2 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.
NR 662.201 Applicability. (1) Large quantity generators and small quantity generators. This subchapter provides alternative requirements to the requirements in ss. NR 662.011 and 662.034 (3) for large quantity generators and ss. NR 662.011 and 662.192 (4) for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subchapter, provided that they complete the notification requirements of s. NR 662.203. (2) Very small quantity generators. This subchapter provides alternative requirements to the requirements in s. NR 662.220 (1) for the accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subchapter, provided that they complete the notification requirements of s. NR 662.203. NR 662.202 Alternative Requirements. (1) Large quantity generators and small quantity generators. Eligible academic entities have the option of complying with this subchapter with respect to its laboratories, as an alternative to complying with the requirements of ss. NR 662.011 and 662.034 (3) for large quantity generators and ss. NR 662.011 and 662.192 (4) for small quantity generators. (2) Very 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 s. NR 662.220 (1). NR 662.203 How an eligible academic entity indicates it will be subject to the requirements of this subchapter. (1) An eligible academic entity shall notify the department 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 subchapter for all the laboratories owned by the eligible academic entity under the same EPA ID number. An eligible academic entity that is a very small quantity generator and does not have an EPA ID number shall notify that it is electing to be subject to the requirements of this subchapter for all the laboratories owned by the eligible academic entity that are on-site, as defined by s. NR 660.10(85). An eligible academic entity shall submit a separate notification (site identification form) for each EPA ID number (or site, for very small quantity generators) that is electing to be subject to the requirements of this subchapter, and shall submit the site identification form before it begins operating under this subchapter. (2) When submitting the site identification form, the eligible academic entity shall, at a minimum, fill out the following fields on the form:
(a) Reason for submittal.
(b) Site EPA ID number (except for very small quantity generators).
(c) Site name.
(d) Site location information.
(e) Site land type.
(f) North American Industry Classification System (NAICS) code for the site.
(g) Site mailing address.
(h) Site contact person.
(i) Operator and legal owner of the site.
(j) Type of regulated waste activity.
(k) Certification.
(3) An eligible academic entity shall keep a copy of the notification on file at the eligible academic entity for as long as its laboratories are subject to this subchapter.
(4) A teaching hospital that is not owned by a college or university shall 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 subchapter.
(5) A non-profit research institute that is not owned by a college or university shall 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 subchapter.
NR 662.204 How an eligible academic entity indicates it will withdraw from the requirements of this subchapter. (1) An eligible academic entity shall notify the department 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 subchapter for all the laboratories owned by the eligible academic entity under the same EPA ID number and that it shall comply with the requirements of ss. NR 662.011 and 662.192 (4) for small quantity generators, and ss. NR 662.011 and 662.034 (3) for large quantity generators. An eligible academic entity that is a very small quantity generator and does not have an EPA identification number shall notify that it is withdrawing from the requirements of this subchapter for all the laboratories owned by the eligible academic entity that are on-site and that it will comply with the requirements of s. NR 662.220(1). An eligible academic entity shall submit a separate notification (site identification form) for each EPA identification number (or site, for very small quantity generators) that is withdrawing from the requirements of this subchapter and shall submit the site identification form before it begins operating under the requirements of ss. NR 662.011 and 662.192(4) for small quantity generators, and ss. NR 662.011 and 662.034(3) for large quantity generators, or s. NR 662.220(1) for very small quantity generators. (2) When submitting the site identification form, the eligible academic entity shall at a minimum fill out the following fields on the form:
(a) Reason for submittal.
(b) Site EPA identification number (except for very small quantity generators).
(c) Site name.
(d) Site location information.
(e) Site land type.
(f) North American Industry Classification System (NAICS) code for the site.
(g) Site mailing address.
(h) Site contact person.
(i.) Operator and legal owner of the site.
(j.) Type of regulated waste activity.
(k.) Certification.
(3) An eligible academic entity shall keep a copy of the withdrawal notice on file at the eligible academic entity for 3 years from the date of the notification.
NR 662.205 Summary of the requirements of this subchapter. An eligible academic entity that chooses to be subject to this subchapter is not required to have an interim or operating license issued under ch. NR 670 for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of this subchapter and the eligible academic entity has a laboratory management plan in accordance with s. NR 662.214 that describes how the laboratories owned by the eligible academic entity will comply with the requirements of this subchapter. NR 662.206 Labeling and management standards for containers of unwanted material in the laboratory. An eligible academic entity shall manage containers of unwanted material while in the laboratory according to the following requirements:
(1) Labeling. Label unwanted material as follows:
(a) The following information shall be affixed or attached to the container:
1. 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.
2. 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:
a. The name of the chemical or chemicals.
b. The type or class of chemical, such as organic solvents or halogenated organic solvents.
(b) The following information may be affixed or attached to the container, but shall at a minimum be associated with the container:
1. The date that the unwanted material first began accumulating in the container.
2. 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 or codes, according to s. NR 662.011. 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 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.
(2) Management of containers in the lab. An eligible academic entity shall 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 shall include the following:
(a) Containers are maintained and kept in good condition, and damaged containers are replaced, overpacked or repaired.
(b) 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.
(c) Containers shall be kept closed at all times, except:
1. When adding, removing or consolidating unwanted material.
2. 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 shall either be closed or the contents emptied into a separate container that is then closed.
3. 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.
b. To prevent dangerous situations, such as build-up of extreme pressure.
NR 662.207 Training. An eligible academic entity shall provide training to all individuals working in a laboratory at the eligible academic entity, as follows:
(1) Training for laboratory workers and students shall be commensurate with their duties so they understand the requirements in this subchapter and can implement them.
(2) An eligible academic entity may provide training for laboratory workers and students in a variety of ways, including:
(a) Instruction by the professor or laboratory manager before or during an experiment.
(b) Formal classroom training.
(c) Electronic or written training.
(d) On-the-job training.
(e) Written or oral exams.
(3) An eligible academic entity that is a large quantity generator shall maintain documentation for the durations specified in s. NR 665.0016 (5) demonstrating training for all laboratory workers that is sufficient to determine whether laboratory workers have been trained. Examples of documentation demonstrating training may include, but are not limited to, the following: (a) Sign-in or attendance sheets for training sessions.
(b) Syllabus for training session.
(c) Certificate of training completion.
(d) Test results.
(4) A trained professional shall:
(a) Accompany the transfer of unwanted material and hazardous waste when the unwanted material and hazardous waste is removed from the laboratory.
(b) Make the hazardous waste determination, pursuant to s. NR 662.011, for unwanted material. NR 662.208 Removing containers of unwanted material from the laboratory. (1) Removing containers of unwanted material on a regular schedule. An eligible academic entity shall either:
(a) Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed 6 months.
(b) Remove containers of unwanted material from each laboratory within 6 months of each container’s accumulation start date.
(2) The eligible academic entity shall specify in part I of its laboratory management plan whether it will comply with sub. (1) (a) or (b) for the regular removal of unwanted material from its laboratories.
(3) The eligible academic entity shall specify in part II of its laboratory management plan how it will comply with sub. (1) (a) or (b) and develop a schedule for regular removals of unwanted material from its laboratories.
(4) Removing containers of unwanted material when volumes are exceeded.
(a) 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 shall ensure that all containers of unwanted material in the laboratory (including reactive acutely hazardous unwanted material) are:
1. Marked on the label that is associated with the container (or on the label that is affixed or attached to the container) with the date that 55 gallons is exceeded.
2. 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.
(b) If a laboratory accumulates more than one 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 are:
1. Marked on the label that is associated with the container (or on the label that is affixed or attached to the container) with the date that one quart is exceeded.
2. Removed from the laboratory within 10 calendar days of the date that one quart was exceeded, or at the next regularly scheduled removal, whichever comes first.
NR 662.209 Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory. (1) Large quantity generators and small quantity generators. An eligible academic entity shall ensure that a trained professional makes a hazardous waste determination, according to s. NR 662.011, for unwanted material in any of the following areas: (a) In the laboratory before the unwanted material is removed from the laboratory, according to s. NR 662.210.
