Hazardous Waste Management at Colleges and Universities
A PowerPoint presentation was made on May 9, 2001, to representatives from Virginia's colleges and universities at the Secretary of Natural Resources College and University Challenge, and outlines some of the mistakes, difficulties, and common RCRA non-compliance issues observed by DEQ during past inspections at those institutions. During FY98, DEQ's RCRA (hazardous waste) compliance program focused inspection efforts on educational institutions as a state special sector initiative to our RCRA grant. We found that many areas of non-compliance resulted from common errors committed across the sector. Schools may avoid many of the serious consequences of hazardous waste mismanagement if they exercise caution in identifying hazardous wastes, managing them as soon as is practicable, establishing good on-site protocols for their management, and maintaining a rigorous on-site inspection program and up-to-date personnel training in correct management methods.
A few comments follow on the specific sections of the presentation:
The Common Myths
"it's not a waste until I say it's a waste."
Review the hazardous waste regulations for the definition of a "solid waste" and a "hazardous waste" (40 CFR Part 261). Materials can become subject to regulation when they have been used ("are spent"), are no longer useable, are abandoned, or are unidentifiable. The generator's responsibility to identify and properly maintain the waste starts from the moment it meets a definition of a solid waste. Several examples of such materials are discussed in the "Failure to Identify Hazardous Waste" slide. The most common occurrence of serious hazardous waste non-compliance issues stems from failure to identify hazardous wastes. Don't forget chemicals that may change properties when stored for long periods of time, e.g. picric acid that loses water, or opened ethers that may form peroxides. These materials often result in very costly treatment and disposal options when they are allowed to degrade to these states. Waste that have not been identified and properly labeled as they are generated may also require a very costly analysis later to determine if they are subject to regulation. Identification, labeling, and tracking at the time and point of generation will help to reduce your overall disposal costs and prevent non-compliance through failures to identify hazardous wastes.
"I can just react it and pour it down the sink."
Educational institutions have many trained chemists at their disposal. As chemists, most are aware of many reaction methods that may be used to treat hazardous wastes and there is a temptation to treat their hazardous wastes to lower disposal costs. In general, the hazardous waste regulations require a permit to treat, store, or dispose of hazardous waste. There are exceptions to the treatment provisions, and certain wastes may be treated by "elementary neutralization" (40 CFR part 260.10) or in accordance with the provisions of 40 CFR Part 268. However, bear in mind that the treatment options must be absolutely within the constraints of the regulations and any variation may result in a "treating without a permit' violation. Even when treated, many wastes are still regulated as hazardous waste and must be managed accordingly. Wastes that have been improperly treated may actually increase disposal costs in some cases. Beware of certain reference materials in existence, or erroneous advice from others, that may suggest treatment in disregard of and without reference to RCRA regulations considerations. The "Treatment of Hazardous Waste" slide identifies a few key issues. Always check with the DEQ staff if you are considering treating your hazardous wastes and have any questions about proposed treatment methods.
"Training and records aren't a high priority."
"The Program," as most generators are aware, requires "cradle-to-grave" identification, management, tracking, and disposal of hazardous waste. Many facilities provide training for those directly involved in hazardous waste handling and shipment. However, many forget to include incidental handlers at waste points of generation. At educational institutions, consider expanding training to include professors, lab instructors, teaching assistants, or student assistants, particularly in the area of waste identification and contingency plan applications. Establishing and implementing SOPs for waste handling will assist in combating training lapses due to personnel turnovers. A rigorous on-site inspection program to ensure compliance with hazardous waste requirements is not only required by the regulations, it is the most effective way to ensure that non-compliance problems do not develop. The program staff should have the full backing of high level administration officials to ensure that their observations and recommendations for corrective measures are taken seriously and acted upon. Diligence on the part of your inspectors and prompt action to correct compliance deficiencies may save your institution from potential fines and costly decontamination requirements under an enforcement order.
"We have a great environmental program. We're recycling, saving energy, using less, cutting waste management costs..."
Responsible environmental stewardship takes on many forms. Saving energy, recycling, source reduction, waste minimization, environmental activism, etc., are all important parts of the larger desire to meet and exceed our common environmental goals - to go beyond compliance. However, responsibilities under existing environmental laws should not be lost, nor are they mitigated by, the pursuit of environmental idealism.
Failure to comply with existing laws under RCRA and the Virginia Hazardous Waste Management Regulations could result in fines, negative publicity, costly cleanups, harm to human health and the environment - all actions which are counterproductive to any positive and proactive efforts toward responsible environmental stewardship. The same laws that apply to businesses as diverse as the corner drycleaner or automotive maintenance facility, large Department of Defense facilities, or our largest manufacturers, apply equally, and are enforced equally, at educational institutions. As institutions of higher learning, our colleges and universities should be the leaders in best management practices, exemplary compliance strategies, and establishing program goals that go beyond mere compliance to ensure that there can be no avenues for non-compliance.
An effective environmental management program requires that you look "Beyond the Obvious" for compliance issues, and avoid good intention actions that may be in conflict with the regulations. As an example, you may feel that it would be good to help out other institutions by managing some of their waste, or assisting high schools, annexes, satellite institutions, or research stations by taking their waste under your program. Cost benefits are usually cited as supporting justification. The same as with businesses operating several locations or government institutions with multiple sites, managing wastes received from off-site is specifically prohibited by the regulations unless you are operating under a Part B permit or managing certain specified wastes under the Universal Waste rule.
DEQ compliance staff in our central and regional offices have conducted inspections at many educational institutions. They have become familiar with many waste generation processes and unique compliance issues associated with college and university waste management. We encourage a compliance assistance approach to compliance assurance, but the process must begin before non-compliance occurs. If you have any questions or need guidance on specific issues, please do not hesitate to contact Willard Keene in the Central Office or your regional DEQ RCRA compliance staff.
Office of Waste Programs
Revision 5/17/01