Subpart K is an optional, alternative set of regulations that allow eligible academic entities the flexibility to make hazardous waste determinations. The rule is applicable to eligible academic entities, such as, colleges and universities, and teaching hospitals and nonprofit research institutes that are either owned by or formally affiliated with a college or university.
The full text of the rule itself is found in Title 40 of the Code of Federal Regulations (CFR) in Part 262.
The rule establishes an optional, alternative set of regulations that allow eligible academic entities the flexibility to make hazardous waste determinations:
This rule also provides incentives for eligible academic entities to clean-out old and expired chemicals that may pose unnecessary risk. Further, this rule requires eligible academic entities that choose to manage their hazardous waste according to the rule to develop a Laboratory Management Plan. This is expected to result in safer laboratory practices and increased awareness of hazardous waste management.
Eligible academic entities may also choose not to follow the standards in this rule and remain subject to the pre-existing hazardous waste generator requirements.
Eligible Academic Entities are
Subpart K applies to teaching, research, and some diagnostic laboratories, art studios, chemical stockrooms, and other laboratories owned by eligible academic entities. It does not apply to non-laboratory areas at eligible academic entities.
States may choose whether to adopt Subpart K. Once a state adopts Subpart K, eligible academic entities in that state may opt into the Subpart K regulation or remain subject to the pre-existing generator standards (i.e., the satellite accumulation area regulations, 40 CFR 262.34(c)).
You can see the full rule here, 40 CFR Part 262, Subpart K.
In the EPA's eyes, here is a comparison of the new requirements:
|State or Territory||Link to State Regulations||Adopted the Rule||Authorized for the Rule|
|Federal Tribes (uses Federal Regulations )||Administered by appropriate EPA Region|
|Alabama||Alabama Regulations (PDF) (1072 pp, 337 MB)||Yes||No|
|Alaska (uses Federal Regulations)||Administered by EPA Region 10|
|American Samoa (uses Federal Regulations )||Administered by EPA Region 9|
|Arkansas||Arkansas Regulations (PDF) (827 pp, 30 MB)||Yes||Yes|
|District of Columbia||No||No|
|Florida||Florida Regulations (20 pp, 956 K)||Yes||Yes|
|Idaho||Idaho Regulations (PDF) (12 pp, 113 K)||Yes||Yes|
|Indiana||Indiana Regulations (PDF) (2 pp, 12 K)||Yes||Yes|
|Iowa (uses Federal Regulations )||Administered by EPA Region 7|
|Michigan||Michigan Regulations (258 pp, 605 K)||Yes||Yes|
|New Jersey||New Jersey Regulations (PDF) (161 pp, 684 K)||Yes||No|
|North Carolina||North Carolina Regulations||Yes||Yes|
|North Dakota||North Dakota Regulations||Yes||No|
|Northern Mariana Islands (uses Federal Regulations )||Administered by EPA Region 9|
|Oklahoma||Oklahoma Regulations (PDF) (28 pp, 74 K)||Yes||Yes|
|Puerto Rico (uses Federal Regulations and Puerto Rico Regulations)||No||No|
|South Carolina||South Carolina Regulations||Yes||No|
|South Dakota||South Dakota Regulations||Yes||Yes|
|U.S. Virgin Islands (uses Federal Regulations )||Administered by EPA Region 2|
Vermont Regulations (PDF) (27
pp, 88 K)
see Section 7-109(b)(4) on page 1-24
|West Virginia||West Virginia Regulations||Yes||No|