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

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

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

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

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

Energetic/enthusiastic! Made training enjoyable, understandable and fun!

Amanda Walsh

Hazardous Waste Professional

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

I chose Lion's online webinar because it is simple, effective, and easily accessible.

Jeremy Bost

Environmental Health & Safety Technician

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

Andy D’Amato

International Trade Compliance Manager

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

Download Our Latest Whitepaper

Four key considerations to help you maximize the convenience and quality of your experience with online training.

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.