Definition of a Laboratory

Pursuant to California Health and Safety Code (HSC) 25200.3.1(a)(1), a laboratory is defined as a workplace where relatively small quantities of hazardous chemicals are handled or used in a manner that meets all of the following criteria:

• Chemical reactions, transfers, and handling are carried out using containers that are designed to be easily and safely manipulated by one person;
• Protective laboratory practices and equipment are available and in common use to minimize the potential for laboratory worker exposure to hazardous chemicals;
• The chemical procedures in the lab are conducted for purposes of education, research, chemical analysis, clinical testing, or product development, testing, or quality control;
• The chemical procedures in the lab 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; and
• The chemical procedures in the lab are not part of the treatment of hazardous waste, except as allowed under the laboratory treatment authorization in HSC 25200.3.1(c).

Laboratories may accumulate and conduct treatment on limited quantities of laboratory hazardous waste without a permit from DTSC as long as specific conditions in HSC 25200.3.1 are met.

What Are the Laboratory Accumulation Requirements?

Pursuant to HSC 25200.3.1(b), laboratory hazardous waste generators in California may accumulate up to 55 gallons of laboratory-generated non-acute hazardous waste, or up to one quart of laboratory-generated acutely hazardous waste, for up to one year in an onsite laboratory accumulation area (unless otherwise prohibited under federal hazardous waste law). The laboratory accumulation area must be located as close as is practical to the location where the laboratory hazardous waste is generated. The laboratory accumulation area must comply with the following requirements:

• The laboratory accumulation area is managed under the control of one or more designated personnel who have received training relevant to 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 relevant to their responsibilities and authority for managing laboratory hazardous wastes;
• The laboratory hazardous wastes are managed so that incompatible wastes are prevented from coming in contact with each other, except for the purposes of treatment pursuant to HSC 25200.3.1(c);
• The amount of hazardous waste accumulated in the laboratory accumulation area is appropriate for the space limitations of the area; and
• The laboratory accumulation area also meets specific satellite accumulation requirements found in HSC 25123.3(d)(2)-(6).

What Are the Laboratory Treatment Requirements?

A laboratory hazardous waste generator can conduct treatment of laboratory hazardous wastes generated onsite without a hazardous waste permit or other grant of authorization if the treatment is conducted in accordance with the requirements of HSC 25200.3.1(c). Such treatment of laboratory hazardous wastes must be conducted within ten (10) calendar days after the date the laboratory hazardous waste was generated and must occur as close as is practical to the location where the laboratory hazardous waste was generated. The treatment process used must have been published by the National Research Council or in peer-reviewed scientific journals. Additionally, the amount of hazardous waste treated in a single batch may not exceed the smaller quantity of either:

• Five gallons or 18 kilograms, whichever is greater; or
• The quantity limit recommended in the published treatment procedure.

A laboratory may treat a larger amount of waste than specified in the published procedure, but not more than five gallons or 18 kilograms, if a qualified chemist has demonstrated that the larger quantity can be safely treated and documentation of the demonstration is maintained onsite.

All of the laboratory hazardous waste in a treatment batch must have been generated by a single procedure or by a set of procedures that are a part of the same laboratory process. Laboratory wastes generated by separate, unrelated procedures may not be treated in the same batch.
The laboratory personnel carrying out the treatment procedure must have knowledge of the laboratory hazardous waste being treated, including knowledge of the procedure that generated the laboratory hazardous waste. Such personnel must also have received hazardous waste training, including training on how to conduct the treatment, how to manage treatment residuals, and how to respond effectively to emergency situations. The laboratory facility must maintain training records for all persons performing treatment of laboratory hazardous wastes for a minimum of three years.

All records maintained by the laboratory pertaining to onsite treatment of laboratory hazardous wastes must be made available for inspection upon request by a representative of DTSC or the local Certified Unified Program Agency (CUPA).

*Disclaimer

This fact sheet does not replace or supersede relevant statutes and regulations. The information contained in this fact sheet is based upon the statutes and regulations in effect as of the date of the fact sheet. Interested parties should keep apprised of subsequent changes to relevant statutes and regulations.

For Additional Questions, Contact the Regulatory Assistance Office