---
kind: "section"
citation: "40 C.F.R. § 262.213"
title: "40"
number: "262.213"
heading: "Laboratory clean-outs."
url: "https://uscodex.org/cfr/40/262.213"
---

# §262.213. Laboratory clean-outs.

- (a) One time per 12 month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of this subpart, except that:
  - (1) If the volume of unwanted material in the laboratory exceeds 55 gallons (or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg of solid reactive acutely hazardous unwanted material), the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart of liquid reactive acutely hazardous unwanted material, or 1 kg of solid reactive acutely hazardous unwanted material), as required by [§ 262.208](/cfr/40/262.208.md). Instead, the eligible academic entity must remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out; and
  - (2) For the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product (listed in [40 CFR part 261](/cfr/40/part261.md), [subpart D](/cfr/40/subpartD.md) or exhibiting one or more characteristics in [40 CFR part 261](/cfr/40/part261.md), [subpart C](/cfr/40/subpartC.md)) generated solely during the laboratory clean-out toward its hazardous waste generator category, pursuant to [§ 262.13](/cfr/40/262.13.md). An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences must be counted toward hazardous waste generator category, pursuant to [§ 262.13](/cfr/40/262.13.md), if it is determined to be hazardous waste; and
  - (3) For the purposes of off-site management, an eligible academic entity must count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator category under [paragraph (a)(2)](#a-2) of this section, and if it generates more than 1 kg/month of acute hazardous waste or more than 100 kg/month of non-acute hazardous waste (i.e., the very small quantity generator limits as defined in [§ 260.10](/cfr/40/260.10.md) of this chapter), the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off site; and
  - (4) An eligible academic entity must document the activities of the laboratory clean-out. The documentation must, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity must maintain the records for a period of three years from the date the clean-out ends; and
- (b) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of this subpart, including, but not limited to:
  - (1) The requirement to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), as required by [§ 262.208](/cfr/40/262.208.md); and
  - (2) The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator category, pursuant to [§ 262.13](/cfr/40/262.13.md).

## Notes

### Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016; 88 FR 54111, Aug. 9, 2023]

### Source

Source: 73 FR 72954, Dec. 1, 2008, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g.

### Source

Source: 45 FR 33142, May 19, 1980, unless otherwise noted.

### Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016; 88 FR 54111, Aug. 9, 2023]