Common use of Problem Description Clause in Contracts

Problem Description. The Universities participating in this Laboratory XL Project are testing a new environmental management regulatory model which they have championed on behalf of the Laboratory Consortium for Environmental Excellence (LCEE), a Boston-based group of laboratory organizations and academic institutions organized to address environmental management issues in laboratories. To understand the nature of this project, it is useful to consider its regulatory context. The management of chemicals in laboratories is primarily regulated by two Federal statutes: The Occupational Safety and Health Act (OSHA) and the Resource Conservation and Recovery Act (RCRA). While the Occupational Safety Health Administration recognized laboratories as unique settings and developed a performance-based standard to allow laboratories to more efficiently and effectively meet health and safety requirements, the requirements of RCRA are less readily adapted to such a setting. This is in large part because the RCRA program was not designed for a laboratory environment, but rather for those organizations where it has been and is quite successful--manufacturing and industrial operations. The requirement for a hazardous waste determination and the management and handling provisions of RCRA are effective in a manufacturing environment where large quantities of a small number of hazardous wastes are consistently produced. In contrast, university laboratories typically generate relatively small quantities of many different hazardous wastes on a discontinuous basis. Furthermore, there are specific handling and management requirements for “hazardous wastes” under RCRA which may not apply to the larger universe of hazardous chemicals used in the laboratories which are subject to OSHA. Thus, university laboratories are essentially required to implement and track two parallel and not always consistent chemical management systems within the laboratory setting; one under RCRA which includes externally imposed requirements governing the management and handling of “hazardous waste,” and one under OSHA which is a performance-based, internally-developed management system governing the management and handling of “hazardous chemicals.” Such distinctions between, for example, sulfuric acid and waste sulfuric acid are generally “artificial” to laboratory workers who are trained in recognizing and understanding chemical hazards and managing such chemicals in a manner that minimizes these hazards. The implementation of such a dual system is further complicated by the structure of university laboratories as compared to industrial settings. With large numbers of laboratories within one university, each producing small amounts of hazardous wastes on a discontinuous basis, the overall management of hazardous chemicals and hazardous waste becomes far more difficult. Additional complications arise from the fact that the university laboratory setting is decentralized, diverse and subject to the regular turnover of students and researchers. These factors are the result of the institutions’ education and research mission. The challenges associated with effectively managing laboratory wastes under the RCRA system have been the subject of nationwide discussions within the university and research community throughout the past decade. Numerous organizations including the Campus Safety, Health and Environment Management Association, the National Research Council, and the American Chemical Society have sought a more efficient way to properly manage and handle hazardous chemicals in the laboratory setting and comply with both the requirements of OSHA and RCRA. In New England, the LCEE was formed to explore more effective alternatives to the current parallel regulatory scheme. The LCEE includes multiple colleges and universities in the New England area, of which three are participating in this project. Following extensive consultations with laboratory professionals across the country, as well as discussions within the LCEE’s own stakeholder group, the LCEE reached a consensus regarding the need to test a management system which would harmonize the RCRA and OSHA regulatory systems. The result is the integrated, performance-based management system described herein which is both consistent with the objectives of RCRA and compatible with the objectives of OSHA’s laboratory standard. In addition, implementation of the proposed Laboratory Environmental Management Standard will (1) actively encourage chemical reuse and recycling, (2) ultimately save costs and increase efficiency, and (3) better educate laboratory professionals and researchers.1 Thus, the central purpose of this Laboratory XL Project is to test the effectiveness of an integrated, performance-based, auditable laboratory environmental management system.

Problem Description. The Universities participating It is the Participant's belief that the hazardous waste generating activities and best management practices in this Laboratory XL Project research and teaching laboratories are testing a new environmental management regulatory model which they have championed on behalf inherently different from those of the Laboratory Consortium industrial operations that serve as the model for Environmental Excellence (LCEE)the current hazardous waste laws and regulations. First, a Boston-based group of laboratory organizations and academic institutions organized to address environmental management issues in laboratories. To understand the nature of this project, it is useful to consider its regulatory context. The management of chemicals in laboratories is primarily regulated by two Federal statutes: The Occupational Safety and Health Act (OSHA) activities and the Resource Conservation products generated by these laboratories are different. By definition, laboratories produce knowledge and Recovery Act (RCRA). While the Occupational Safety Health Administration recognized laboratories as unique settings information and developed a performance-based standard to allow laboratories to more efficiently and effectively meet health and safety requirements, the requirements of RCRA are less readily adapted to such a setting. This is in large part because the RCRA program was do not designed for a laboratory environment, but rather for those organizations where it has been and is quite successful--manufacturing and industrial operations. The requirement for a hazardous waste determination and the management and handling provisions of RCRA are effective in a manufacturing environment where large produce commercial quantities of materials for sale, while manufacturing operations have the goal of efficiently producing material goods. As a small number of hazardous wastes are consistently produced. In contrastresult, university laboratories typically generate relatively small quantities of many different hazardous wastes on a discontinuous basis. Furthermore, there are specific handling and management requirements for “hazardous wastes” under RCRA which may not apply to the while industrial settings produce larger universe of hazardous chemicals used in the laboratories which are subject to OSHA. Thus, university laboratories are essentially required to implement and track two parallel and not always consistent chemical management systems within the laboratory setting; one under RCRA which includes externally imposed requirements governing the management and handling of “hazardous waste,” and one under OSHA which is a performance-based, internally-developed management system governing the management and handling of “hazardous chemicals.” Such distinctions between, for example, sulfuric acid and waste sulfuric acid are generally “artificial” to laboratory workers who are trained in recognizing and understanding chemical hazards and managing such chemicals in a manner that minimizes these hazards. The implementation of such a dual system is further complicated by the structure of university laboratories as compared to industrial settings. With large numbers of laboratories within one university, each producing small amounts of hazardous fewer wastes on a discontinuous continuous basis. Second, the overall management of hazardous chemicals and hazardous waste becomes far more difficultresearch laboratories are expected by society to produce new knowledge based on techniques that are new or used in innovative ways. Additional complications arise from the fact Teaching laboratories are expected to transmit knowledge in a way that the university laboratory produces broadly educated students. These missions typically rely on a social setting which is decentralized, diverse and subject to the regular diverse, has a large turnover of students students/researchers and researchersallows for significant amount of individual exploration and initiative. These factors are the result of the institutions’ education A one-size-fits all, externally imposed "command and research missioncontrol" regulatory approach is inconsistent with such a flexible educational setting. The challenges associated with effectively managing laboratory wastes under the RCRA system have been the subject of nationwide discussions within the university and research community throughout the past decade. Numerous organizations including the Campus Safety, Health and Environment Management Association, the National Research Council, and the American Chemical Society have sought a more efficient way to properly manage and handle hazardous chemicals in the laboratory setting and comply with both the requirements of OSHA and RCRA. In New England, the LCEE was formed to explore more effective alternatives to the current parallel regulatory scheme. The LCEE includes multiple colleges and universities in the New England area, of which three are participating in this project. Following extensive consultations with laboratory professionals across the country, as well as discussions within the LCEE’s own stakeholder group, the LCEE reached a consensus regarding the need to test a management system which would harmonize the RCRA and OSHA regulatory systems. The result is the integratedThird, performance-based standards applicable to hazardous materials in laboratories have been developed and successfully implemented by the National Institute of Health for biohazards, the Nuclear Regulatory Commission for nuclear hazards and OSHA for workplace hazards. For example, under OSHA's performance-based Laboratory Standard, management system described herein which of hazardous materials in the laboratory is both consistent principally regulated by means of a written Chemical Hygiene Plan, as required under 29 CFR º1910.1450, developed by each organization in accordance with the objectives of RCRA and compatible with criteria defined in the objectives of OSHA’s laboratory standard. In additionFourth, implementation due to the complications of the proposed Laboratory Environmental Management Standard will (1) actively encourage current RCRA system as applied to laboratories, institutions do not develop and implement systemic programs to redistribute or recycle hazardous chemical reuse and recycling, (2) ultimately save costs and increase efficiency, and (3) better educate laboratory professionals and researchers.1 Thuswaste otherwise destined for disposal. Academic institutions are currently reported to recycle less than three percent of the hazardous chemical waste otherwise destined for disposal. For the reasons described above, the central purpose of this Laboratory XL Project is hazardous waste regulations prescribed by the Resource Conservation and Recovery Act (RCRA) are inefficient and cumbersome as applied to test research and teaching laboratories. Moreover, the effectiveness of an integrated, performance-based, auditable laboratory environmental management system.misfit between the prescriptive regulations and the

Problem Description. The Universities participating in this Laboratory XL Project are testing proposing to test a new environmental management regulatory model which they have championed on behalf of the Laboratory Consortium for Environmental Excellence (LCEE), a Boston-based group of laboratory organizations and academic institutions organized to address environmental management issues in laboratories. To understand the nature of this projectproposal, it is useful to consider its regulatory context. The management of chemicals in laboratories is primarily regulated by two Federal federal statutes: The Occupational Safety and Health Act (OSHA) and the Resource Conservation and Recovery Act (RCRA). While the Occupational Safety Health Administration recognized laboratories as unique settings and developed a performance-based standard to allow laboratories to more efficiently and effectively meet health and safety requirements, the requirements of RCRA are less readily adapted to such a setting. This is in large part because the RCRA program was not designed for a laboratory environment, but rather for those organizations where it has been and is quite successful--manufacturing and industrial operations. The requirement for a hazardous waste determination and the management and handling provisions of RCRA are effective in a manufacturing environment where large quantities of a small number of hazardous wastes are consistently produced. In contrast, university laboratories typically generate relatively small quantities of many different hazardous wastes on a discontinuous basis. Furthermore, there are specific handling and management requirements for “hazardous wastes” under RCRA which may not apply to the larger universe of hazardous chemicals used in the laboratories which are subject to OSHA. Thus, university laboratories are essentially required to implement and track two parallel and not always consistent chemical management systems within the laboratory setting; one under RCRA which includes externally imposed requirements governing the management and handling of “hazardous waste,” and one under OSHA which is a performance-based, internally-developed management system governing the management and handling of “hazardous chemicals.” Such distinctions between, for example, sulfuric acid and waste sulfuric acid are generally “artificial” to laboratory workers who are trained in recognizing and understanding chemical hazards and managing such chemicals in a manner that minimizes these hazards. The implementation of such a dual system is further complicated by the structure of university laboratories as compared to industrial settings. With large numbers of laboratories within one university, each producing small amounts of hazardous wastes on a discontinuous basis, the overall management of hazardous chemicals and hazardous waste becomes far more difficult. Additional complications arise from the fact that the university laboratory setting is decentralized, diverse and subject to the regular turnover of students and researchers. These factors are the result of the institutions’ education and research mission. The challenges associated with effectively managing laboratory wastes under the RCRA system have been the subject of nationwide discussions within the university and research community throughout the past decade. Numerous organizations including the Campus Safety, Health and Environment Management Association, the National Research Council, and the American Chemical Society have sought a more efficient way to properly manage and handle hazardous chemicals in the laboratory setting and comply with both the requirements of OSHA and RCRA. In New England, the LCEE was formed to explore more effective alternatives to the current parallel regulatory scheme. The LCEE includes multiple colleges and universities in the New England area, of which three are participating in this project. Following extensive consultations with laboratory professionals across the country, as well as discussions within the LCEE’s own stakeholder group, the LCEE reached a consensus regarding the need to test a management system which would harmonize the RCRA and OSHA regulatory systems. The result is the integrated, performance-based management system described herein which is both consistent with the objectives of RCRA and compatible with the objectives of OSHA’s laboratory standard. In addition, implementation of the proposed Laboratory Environmental Management Standard will (1) actively encourage chemical reuse and recycling, (2) ultimately save costs and increase efficiency, and (3) better educate laboratory professionals and researchers.1 Thus, the central purpose of this Laboratory XL Project is to test the effectiveness of an integrated, performance-based, auditable laboratory environmental management system.