It’s quite simple, really. USEPA regulations at 40 CFR 262, subpart C require the generator of a hazardous waste to prepare it for off-site transportation according to both USEPA and USDOT/PHMSA regulations.
Note: 40 CFR 262, subpart C – indeed, all of part 262 – applies to large quantity generators of hazardous waste and small quantity generators of hazardous waste. A conditionally exempt small quantity generator of hazardous waste is not subject to the part or the requirements described in this article.
Not sure of your hazardous waste generator status? Take this short survey
Are you a CESQG? Read: The Requirements for a Conditionally Exempt Small Quantity Generator of Hazardous Waste
To summarize the regulations briefly, USEPA – check with your state for any additional requirements – mandates the generator of a hazardous waste to select and use the packaging (called a container in USEPA regulations) and to apply HazMat labels and markings it in accordance with the Hazardous Material Regulations of USDOT/PHMSA. However, in §263.32(b) USEPA deviates from the HMR and requires the hazardous waste generator to apply the following markings – in addition to those required by USDOT/PHMSA – to a container of 119 gallons or less:
HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator’s Name and Address _____.
Generator’s EPA Identification Number_____.
Manifest Tracking Number _____.
Note: The Manifest Tracking Number can only be obtained from the Uniform Hazardous Waste Manifest. It is unique to each manifest.
But wait! This article is supposed to be about something done wrong. Where’s the mistake?
So, what’s wrong with this picture?
- The yellow label contains information that is not required on a packaging of this size (>119 gallons). Though, admittedly, it is not a violation for it to be present.
- The Class 9 Miscellaneous HazMat label to the right should not be displayed on a packaging of this size (18 cubic meters or more) either. A packaging of this size should display placards on all four sides if placards are required, which they are not, since, Class 9 placards are not required to be displayed for transportation within the U.S.
- I doubt very much – though I can’t prove it – that the packaging contains hazardous waste at all. I suspect this is a case of an overly cautious person who has only a tentative grasp of the regulations just trying to do their best.
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Do you need to know more about the regulations of the USEPA for Hazardous Waste Personnel and those of the USDOT/PHMSA for HazMat Employees? If so, please contact me to schedule training (either Onsite or Webinar) or just to answer any questions you may have.