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

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

The instructor does a great job at presenting material in an approachable way. I have been able to save my company about $30,000 in the last year with what I have learned from Lion!

Curtis Ahonen

EHS&S Manager

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

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.