Oct 15, 2015 - HCS requirements for RCRA and non-RCRA wasteOct 15, 2015 -…RCRA and non-RCRA waste
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Title: 10/15/2015 - HCS requirements for RCRA and non-RCRA waste
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov
October 15, 2015
Mr. Tom Daly Veolia North America
W124 N9451 Boundary Road
Menomonee Falls, Wisconsin 53051
Background:Veolia provides environmental services to its customers (i.e., waste generators) including assisting with proper classification of waste materials, packaging of wastes according to U.S. Department of Transportation (DOT) requirements, and transportation of wastes off-site to an appropriate recycling, treatment, or disposal facility. The wastes managed by Veolia include both hazardous and non-hazardous wastes, that is, some of the wastes are regulated by RCRA and some are not.
A vast majority of wastes that are not covered by RCRA do not exhibit any hazardous properties, and therefore do not fall under the scope of the HCS. However, there is a small subset of these waste materials that may exhibit some level of hazard (such as toxicity) if ingested, injected, absorbed, or inhaled in significant quantities.
Examples of hazardous wastes that are not covered by RCRA include:
Waste products that are clearly non-RCRAhazardous wastes, but may require a DOT hazard label because of chemical properties.
Question 1: When Veolia is offered non-RCRA waste material for proper disposal, but the waste meets OSHA's definition of a hazardous substance, is the waste generator required to provide a safety data sheet (SDS)? Would the waste container require labeling per the HCS 2012?
For a non-RCRA waste product, the HCS 2012 does not require that the waste generator create their own label or SDS; however, any chemical hazard information, including available labels and SDSs, received by the waste generator from upstream must be passed downstream with the non-RCRA waste product.
Question 2: When Veolia is offered a mixture of non-RCRA wastes for proper disposal, but one or more components of the waste meets OSHA's definition of a hazardous substance, is the waste generator required to provide an SDS for the mixture or is it acceptable for the generator to provide an SDS for each separate component of the mixture? Is
labeling per the HCS 2012 required? Does the type of industry, for example, a laboratory, chemicalmanufacturer or distributor have any bearing on the requirement to provide an SDS?
Response: As stated above in the response to Question 1, the HCS 2012 does not require that the waste generator create labels and SDSs for their non-RCRA waste products; however, any available chemical hazard information that has been received from upstream must be passed downstream. Therefore, it would be acceptable to provide multiple SDSs downstream for a mixture of non-RCRA wastes. This would also apply to disposal of mixtures of non-RCRA waste product from laboratories, manufacturers, importers, and distributors.
Question 3:Veolia may place multiple containers of different but compatible waste materials that are non-RCRA regulated into the same outer shipping container. In this scenario, Veolia will mark and label the outer shipping container per EPA and DOT regulations. Would the outer package also need to be labeled per HCS 2012?
Response: No; the HCS 2012 label requirements are not applicable to outer shipping containers unless the outer container is also the immediate container.
Question 4: Would a generator of non-RCRA regulated waste be required to label the waste container (e.g. dumpster, bin, roll off-box, tractor or dump trailer, cardboard box, fiber, plastic or steel drum) per the HCS 2012?
Response: No; the HCS 2012 does not require the labeling of non-RCRA waste containers.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.