Search

Don't Get Creative with RCRA Waste Markings

Posted on 6/17/2022 by Roger Marks

Recently in Texas, an oil refinery was penalized for a handful of alleged hazardous waste violations. One violation that stands out as especially avoidable concerns the wording used on a container holding universal waste.

Texas allows facilities to manage paint and paint-related wastes as universal waste. Like the Federal RCRA regulations, Texas state rules require marking of containers used to store universal waste. Containers must be marked with specific words. 
 
In Texas, containers holding universal waste paint and paint-related waste must read:
 
“Universal Waste - Paint and Paint-Related Wastes”
[30 TAC 335.262(c)(2)(F)]

The following words appeared on the generator’s container, resulting in a violation:
X “Universal Waste - Paint and Paint Waste”

Many would agree that mis-wording the container marking is about as small a violation as there is. But it’s an easy one for an inspector to write up: The regulations require specific words. The generator did not use those specific words. It’s as simple as that.

In Texas, the base penalty for a violation like this is $25,000. In this case, the penalty was reduced by 99% because the violation was so minor. The generator quickly corrected the error.

Additional violations contributed to a larger overall penalty assessment in this case. But imagine if this minor container marking mistake were the only violation on an otherwise perfect inspection. That would sting!

Don

Tips for Training Hazardous Waste Personnel 

Hazardous waste personnel must be trained to perform their jobs in compliance with the RCRA regulations. For employees who will mark universal wastes, that training must include direction on exactly how to mark those wastes.

That training should stress that exact wording is required, and that straying from that wording could result in a costly violation. In addition, periodically checking that these markings are being applied correctly is a good best practice to ensure consistency. 

Secondly, while US EPA provides multiple options for some universal waste markings in 40 CFR 273.14, it can be beneficial to choose one (and only one) to use within the facility for each type of universal waste stored.  

Consider this example. When marking universal waste pesticides, “Universal Waste-Pesticides” and “Waste-Pesticides” are both permitted per 40 CFR 273.14(b)(2) and (c)(2). It is not a violation to use either/or on any given waste or container. 

But if different employees or departments in your organization use different markings, it may cause confusion. If half the waste is marked with “Universal Waste-Pesticides” and the other half with “Waste-Pesticides,” personnel may not recognize that these two statements mean the same thing. This can easily lead to mismanagement and inefficiency.

Lastly, giving personnel multiple choices for marking universal waste may create the mistaken impression that any variation of the required text will be good enough.

Be Exact, Be Consistent

Improperly worded markings are completely and totally avoidable. When you mark a container of universal waste, use the exact words found in the regulation. Don’t write your markings from memory, and don’t get creative. When in doubt—look it up.

The RCRA regulations spell out all acceptable markings for universal waste at 40 CFR 273.14. If your state authorizes you to manage additional wastes as universal waste, knowing where to find the marking rules for those wastes is crucial to ensure compliance.

RCRA Training in Dallas and Houston

Master the Federal and unique state regulations you must know to manage hazardous, industrial, and universal waste in Texas. Join an expert Lion instructor for in-person training when these hazardous waste workshops come to Houston and Dallas in July and August.

RCRA and Texas Hazardous & Industrial Waste Management
Dallas July 20—22
Houston August 22—24 
 

Tags: environmental compliance, hazardous waste management, RCRA, universal waste

Find a Post

Compliance Archives

Lion - Quotes

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

Download Our Latest Whitepaper

A guide to developing standard operating procedures, or SOPs, that help you select, manage, and audit your hazmat agents and contractors.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.