25200.3.1
. (a) For purposes of this section, the following
definitions apply:
(1) "Laboratory" means a workplace where relatively small
quantities of hazardous chemicals are handled or used in a manner
that meets all of the following criteria:
(A) Chemical reactions, transfers, and handling are carried out
using containers that are designed to be easily and safely
manipulated by one person.
(B) Protective laboratory practices and equipment are available
and in common use to minimize the potential for laboratory worker
exposure to hazardous chemicals.
(C) The chemical procedures conducted in the laboratory meet all
of the following criteria:
(i) The chemical procedures are conducted for purposes of
education, research, chemical analysis, clinical testing, or product
development, testing, or quality control.
(ii) The chemical procedures are not part of the actual commercial
production of chemicals or other products, and are not part of
production development activities, unless the activities are
conducted on the scale of a research laboratory.
(iii) The chemical procedures are not part of the treatment of
hazardous waste, other than the treatment of laboratory hazardous
waste pursuant to subdivision (c).
(2) "Laboratory accumulation area" means the area where laboratory
hazardous wastes are accumulated pursuant to subdivision (b). The
laboratory accumulation area may be located in the room in which the
accumulated laboratory hazardous wastes are generated or in another
onsite location.
(3) "Laboratory hazardous waste" means hazardous waste generated
in a laboratory by chemical procedures meeting the criteria specified
in subparagraph (C) of paragraph (1).
(b) Notwithstanding paragraph (1) of subdivision (d) of Section
25123.3, and except as otherwise required by the federal act, up to
55 gallons of laboratory hazardous waste, or one quart of laboratory
hazardous waste that is acutely hazardous waste, may be accumulated
onsite in a laboratory accumulation area that is located as close as
is practical to the location where the laboratory hazardous waste is
generated, if all of the following conditions are met:
(1) The laboratory accumulation area is managed under the control
of one or more designated personnel who have received training
commensurate with their responsibilities and authority for managing
laboratory hazardous wastes, and unsupervised access to the
laboratory accumulation area is limited to personnel who have
received training commensurate with their responsibilities and
authority for managing laboratory hazardous wastes.
(2) The laboratory hazardous wastes are managed so as to ensure
that incompatible laboratory hazardous wastes are not mixed, and are
otherwise prevented from coming in contact with each other. However,
incompatible laboratory hazardous wastes may be mixed together during
treatment meeting the requirements of subdivision (c), if one
laboratory hazardous waste is being used to treat another laboratory
hazardous waste pursuant to procedures identified in paragraph (1) of
subdivision (c).
(3) The amount of laboratory hazardous wastes accumulated in the
laboratory accumulation area is appropriate for the space limitations
and the need to safely manage the containers and separate
incompatible laboratory hazardous wastes.
(4) All of the requirements of subdivision (d) of Section 25123.3
are met, except for the requirements of paragraph (1) of subdivision
(d) of Section 25123.3.
(c) Notwithstanding any other provision of law, and except as
otherwise required by the federal act, a hazardous waste facilities
permit or other grant of authorization from the department is not
required for treatment of laboratory hazardous waste generated
onsite, if all of the following requirements are met:
(1) The laboratory hazardous waste is treated in containers using
recommended procedures and quantities for treatment of laboratory
wastes published by the National Research Council or procedures for
treatment of laboratory wastes published in peer-reviewed scientific
journals.
(2) The laboratory hazardous waste is treated at a location that
is as close as is practical to the location where the laboratory
hazardous waste is generated, and the treatment is conducted within
10 calendar days after the date the laboratory hazardous waste is
generated.
(3) The amount of laboratory hazardous waste treated in a single
batch does not exceed the quantity limitation specified in
subparagraph (A) or (B), whichever is the smaller quantity:
(A) Five gallons or 18 kilograms, whichever is greater.
(B) (i) Except as otherwise provided in clause (ii), the quantity
limit recommended in the procedures published by the National
Research Council or in other peer-reviewed scientific journals for
the treatment procedure being used.
(ii) Except as otherwise specified in subparagraph (A), the amount
of laboratory hazardous waste treated in a single batch may exceed
the quantity limit specified in clause (i) if a qualified chemist has
demonstrated that the larger quantity can be safely treated, and
documentation of the demonstration is maintained onsite. The
documentation shall be made available for inspection upon request by
a representative of the department or the CUPA, or if there is no
CUPA, the agency authorized pursuant to subdivision (f) of Section
25404.3.
(4) The laboratory hazardous waste treated is from a single
procedure, or set of procedures that are part of the same laboratory
process.
(5) The person performing the treatment has knowledge of the
laboratory hazardous waste being treated, including knowledge of the
procedure that generated the laboratory hazardous waste, and has
received hazardous waste training, including how to conduct the
treatment, manage treatment residuals, and respond effectively to
emergency situations.
(6) Training records for all persons performing treatment of
laboratory hazardous wastes pursuant to this subdivision are
maintained for a minimum of three years.
(7) The laboratory hazardous waste is managed in accordance with
applicable requirements for generators accumulating laboratory
hazardous waste under this chapter and the regulations adopted by the
department, and all treatment residuals and effluents are managed in
accordance with applicable federal, state and local requirements.
(8) All records maintained by the laboratory pertaining to
treatment conducted pursuant to this subdivision are made available
for inspection upon request by a representative of the department or
the CUPA, or if there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(d) For laboratory hazardous wastes that contain radioactive
material, the requirements of this section apply in addition to, but
do not supercede, applicable federal and state requirements governing
the management of radioactive materials.
(e) The department may adopt regulations that specify additional
requirements for accumulating laboratory hazardous wastes pursuant to
subdivision (b) or treating laboratory hazardous wastes pursuant to
subdivision (c), if the department determines these additional
requirements are necessary for protection of public health and the
environment.