You hear from guys like me all the time that the regulations of the Resource Conservation and Recovery Act (RCRA) – both State and Federal – are important.  But which ones are the most important?  Which of all of the regulations are the ones most likely to result in you receiving a Notice of Violation?  While I can’t answer that, I can provide you with a list of what the USEPA – Region 1 considers to be the most common RCRA violations and the citations of the Code of Federal Regulations where the regulation appears.

1. Failure to clearly label and mark satellite accumulation containers with the words “Hazardous Waste” or other words that identify the contents of the containers, such as the chemical name (e.g. “Acetone”) or how the waste was used (e.g. “Paint Waste”).  Please see 40 CFR 262.34(a)(3).
2. Failure to clearly mark and date the period of accumulation for each accumulation container.  Please see 40 CFR 262.34(a)(2).
3. Failure to provide and document initial hazardous waste training.  Please see 40 CFR 265.16.
4. Failure to separate or otherwise protect containers of hazardous waste from other containers storing incompatible materials or wastes.  Please see 40 CFR 265.177(c).
5. Failure to make a hazardous waste determination.  Please see 40 CFR 262.11.
6. Failure to classify a hazardous waste per the land disposal restriction parameters and to determine if the hazardous waste meets the treatment standards or if further treatment is necessary.  Please see 40 CFR 268.7(a) and 40 CFR 268.9(a).
7. Failure to accumulate hazardous waste in a closed container except when adding or removing waste.  Please see 40 CFR 265.173(a).
   

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8. Failure to obtain a permit when storing hazardous waste for greater than 90 days.  Please see 40 CFR 262.34(a) and 40 CFR 270.10.
9. Failure to inspect hazardous waste containers on a weekly basis (i.e. at least once every seven days).  Please see 40 CFR 265.15(a) and 40 CFR 265.174.
10. Failure to have an adequate Contingency Plan for new operations.  Please see 40 CFR 265.54(c).
11. Failure to provide secondary containment around hazardous waste container storage areas in an area with a functional floor drain.  Please see 40 CFR 265.175 and 40 CFR 264.193.
12. Failure to maintain and operate the facility in a manner to minimize the possibility of any planned or unplanned release of hazardous constituents to air, soil, or surface water which could threaten human health or the environment.  Please see 40 CFR 265.31.
13. Failure to maintain adequate aisle space to allow the unobstructed movement of personnel or emergency equipment in the container storage areas.  Please see 40 CFR 265.35.

Do any of these look familiar?  Maybe all of them?  If you generate any hazardous waste then all of these violations, and many more, are possible at your facility.  Avoid these violations and the fines that go with them by contacting me to answer your questions and provide the training you need to meet the regulatory requirements (#3) and to help you identify other areas for improvement.