						August 29, 2007	

Mr. Matthew Hale 

Director, Office of Solid Waste

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW (5301W)

Washington, D.C. 20460

Dear Mr. Hale,

Massachusetts Department of Environmental Protection (MassDEP) has
recently learned that the U.S. Environmental Protection Agency (EPA) is
nearing a decision on whether to promulgate a final version of Subpart K
- Standards Applicable to Academic Laboratories, which EPA proposed in
the Federal Register on May 23, 2006 (71 FR 29712). MassDEP strongly
urges EPA to finalize this rule as soon as possible.     

You may recall that MassDEP commented favorably on EPA’s proposed
performance-based standards for academic laboratories that address the
unique nature of university laboratory environments (see comments
attached). In particular, MassDEP supported giving colleges and
universities more flexibility in deciding when and how to make hazardous
waste determinations for unwanted materials generated in a laboratory. 

You may also recall that MassDEP is participating in the University
Laboratories XL Project. MassDEP strongly encourages EPA to adopt its
Standards Applicable to Academic Laboratories before Subpart J for the
University Laboratories XL Project expires on April 15, 2009. MassDEP is
very concerned about the confusion and uncertainty that would result if
the University Laboratories XL Project expires and there is no state or
federal rule to fill the regulatory void. It has been ten years since
MassDEP first signed the University Laboratories XL Project agreement.
Our experience with this XL project, which has many parallels to the
Academic Laboratories proposal, has been that such a program is not only
enforceable, but also effective at addressing many of the problems
associated with managing hazardous waste in the university laboratory
environment

 

MassDEP believes that this is one of EPA’s most significant proposed
rules in recent years, and that adoption of this performance-based
regulation will help States like Massachusetts strengthen their
hazardous waste programs. MassDEP urges EPA to finalize the proposed
Standards Applicable to Academic Laboratories without delay. 

Finally, MassDEP requests an update on the status of this important
rulemaking proposal. You may contact me at the letterhead address, by
email at   HYPERLINK "mailto:steven.degabriele@state.ma.us" 
steven.degabriele@state.ma.us  or by telephone at (617) 556-1120. Thank
you for your assistance in understanding the status of this important
issue.

Sincerely,

						

Steven DeGabriele, Director

Business Compliance Division

Bureau of Waste Prevention

	

cc:	James Miller, MassDEP

Attachment

	

 

 

 

 

	COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

DEPARTMENT OF ENVIRONMENTAL PROTECTION

ONE WINTER STREET, BOSTON, MA 02108  617-292-5500



DEVAL L. PATRICK

Governor

TIMOTHY P. MURRAY

Lieutenant Governor

	

IAN A. BOWLES

Secretary

ARLEEN O’DONNELL

Commissioner



This information is available in alternate format. Call Donald M. Gomes,
ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207. 

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