Chemicals In Schools
Regulatory, Legal and Financial Ramifications
The following is an abbreviated version of an extended white paper. To read the full version of this article, click here.
Walk through any school in the country, an elementary school or a university, and you will encounter numerous supplies of chemicals. Although science laboratories are obvious locations of these chemicals, they are also found in art studios, photography classrooms, automobile shops, boiler rooms, and maintenance supply rooms. Even the principal’s office can be a source of chemicals (toners, solvents, cleaning supplies, etc.).
Like the industrial world, the use and disposal of chemicals within schools is highly regulated by federal, state, and local regulations. Significant fines and penalties, including prison, may result from noncompliance with these regulations. Unlike the industrial community however, most schools are far from compliant.In most cases, schools remain unaware of their regulatory requirements unless highlighted by an accident or identified in the course of a routine inspection. In most cases, the reactionary response to immediately remove the chemicals is rarely cost-effective and often results in a crippling of the science curriculum or ignores chemicals in other areas which should have been removed.
Among the greatest hazards of chemicals within schools is the potential for unforeseen reactions between incompatible chemicals. Where a formal storage system is adopted, often chemicals are arranged in alphabetical order. Following this method virtually guarantees that incompatible chemicals will be in close proximity to one another. Chemical incidents involving injury, fires or evacuations often incite angry responses from the families of those who are affected and invite intensive media scrutiny.
Proper and cost-effective chemical management requires attention at initial procurement, inventory management, safe facilities and practices, and robust management of resulting waste products. This expertise is not typically available within school districts, and when delegated to contractors, often results in a costly and reactionary removal of only those chemicals perceived to be “the problem”. Schools should instead take a proactive approach to the management of the chemicals to reduce procurement and disposal costs while also minimizing long-term liability.
Chemicals are regulated by a number of agencies on both the federal and state level. School chemicals may be regulated under Occupational Health and Safety Administration (OSHA) rules, the Resource Conservation and Recovery Act (RCRA), the Department of Transportation, US EPA regulations, state EPA regulations, local water reclamation district regulations, municipal regulations, among others. States may have their own regulations or may refer to the more stringent federal regulations.
Hazardous waste regulations provide for “strict, joint and severable” liability, meaning that improper management may result in fines or imprisonment for the individual (teacher or administrator) as well as the institution (school or school district). The selection of a licensed, insured and qualified transportation contractor and treatment/disposal site are paramount to minimizing long-term liability.
RCRA defines two broad categories of hazardous waste: listed and characteristic wastes. The determination of “characteristic” versus “listed” waste is a complicated one and should be referred to a qualified environmental consultant or waste disposal contractor. The liability for improper determination of waste remains with the generator (i.e. the school), so care is warranted.
Listed wastes found in schools typically consist of spent solvents in chemical laboratories and automotive and maintenance shops. Characteristic wastes are far more prevalent in schools. These materials exhibit one of four hazardous “characteristics” – ignitability, corrosivity, reactivity or toxicity. Corrosive wastes include materials at both ends of the pH spectrum; acids and bases. Reactives are materials which interact with water, heat, light or in combination with other chemicals. Toxic wastes include any of 43 inorganic and organic constituents (arsenic, lead, mercury, benzene, toluene, etc.)
As the presence of chemicals in schools triggers numerous regulatory requirements, school districts are advised to develop a plan to attain compliance. Of primary importance is developing a chemical inventory. As chemicals are consumed and moved on a daily basis and new chemicals are periodically added, inventories rapidly become dated and require constant efforts to remain current. An inventory allows a school to assure it has a Material Safety Data Sheet (MSDS) for each chemical. It also prompts the identification of any chemicals beyond their expiration date. Finally, the inventory allows for the tracking of materials as they become wastes to assure that legally established storage periods set by generator status are not exceeded.
Some schools perform on-site treatment of chemical wastes, disposing of them through sink drains to the sanitary sewer system. This practice should be discouraged except by those with excellent knowledge of chemical compatibility and local discharge requirements. Improperly treated solutions poured down the drain can cause fires, explosions, effluent violations or damage to the school’s plumbing system. These materials are best collected and disposed through a reputable waste disposal contractor.
Although the generation of chemical wastes is a normal result of school operations, surprisingly few schools make any allowance for their disposal. Virtually all school districts operate without any budget or oversight for chemical disposal. The typical approach is to conduct large-scale removals on an as-needed basis in response to a chemical accident or regulatory citation. These removals are expensive as there is seldom adequate time or expertise to compile an inventory or negotiate competitive pricing, particularly when an immediate removal is mandated by a regulatory agency.
By the time chemical disposal is addressed, it typically has grown so large and expensive that the cost is borne by the district’s central office. Funds for such a removal must be reallocated from other intended purposes. School districts are well advised to force the cost for chemical disposal back to the operating unit as a line item expense, where it can be managed. Those schools which minimize their waste generation are rewarded with lower cost, while those which do not, pay more for their inefficiency.
Removal costs can be minimized by adhering to three key components: 1) maintaining a current chemical inventory with the quantities and locations of all materials, 2) annually scheduled removal of excess, obsolete and damaged chemicals and 3) ordering only those chemicals in quantities expected to be consumed within one year.
Given these potential threats and unrealized costs, schools are advised to carefully review their current chemical management practices and assure they are brought into compliance with applicable regulations. Finally, overall cost can be minimized by reducing overall chemical inventories to the quantity used within one year. Since many of these requirements are highly technical, professional assistance should be engaged when the required expertise is not available in-house.