Generators must indicate the hazards of hazardous contents,but have flexibility in doing so

To enhance safety and environmental protection, the EPA’s Hazardous Waste Generator Improvements Final Rule, which became effective federally last year, requires identification including the words “Hazardous Waste,” a description of the container’s hazards, and the date the accumulation started on each container.

Previous Resource Conservation and Recovery Act (RCRA) program labeling regulations did not require waste generators to identify the hazards of waste accumulated in containers, tanks, drip pads and containment buildings.  This resulted in a failure to communicate risks associated with wastes being accumulated or stored in different locations, which could put workers, waste handlers, emergency responders and visitors at serious risk.

To resolve this issue, the Final Rule stipulates that container and tank labels must now indicate the hazards of such containers’ contents in numerous affected areas.  These include areas for waste generator satellite or central accumulation; transfer facilities consolidating hazardous wastes from different generators; and generator container/tank storage areas at treatment, storage, and disposal facilities.

Fortunately, the Final Rule allows ample flexibility in how to comply with this new provision.

For drip pad and containment buildings, the generator can keep this information in logs or records near the accumulation unit.

Waste generators can indicate the hazards of the container’s contents using any of several established methods such as DOT hazard communication, OSHA hazard statement or pictogram, NFPA chemical hazard label, or RCRA characteristic.

Examples of how to indicate the hazards include (but are not limited to):

• The words of the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic);
• Hazard communication consistent with the DOT requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding);
• A hazard statement or pictogram consistent with the OSHA Hazard Communication Standard at 29 CFR section 1910.1200
• A chemical hazard label consistent with the NFPA code 704.

According to the EPA, the Final Rule provides waste generators some economic and environmental benefits.  For example, it provides flexibility to very small quantity generators (VSQGs) that generate 100 kilograms or less of hazardous waste per month to ship their waste to a large quantity generator (LQG) under the control of the same company.

The Final Rule also addresses episodic generation of hazardous waste.  This occurs when a non-routine event, such as a product recall, results in a smaller generator – a VSQG or small quantity generator (SQG) – generating an atypical amount of hazardous waste in one month, triggering more stringent generator regulations.  Under the Final Rule, a generator can maintain its usual generator category during a non-routine event and avoid the increased requirements of a higher generator status.

The RCRA waste codes must be placed on the containers before shipping hazardous waste off site to a RCRA permitted treatment, storage and disposal facility, but do not need to be applied before that time.

An electronic system, such as a bar code system, is acceptable as long as the RCRA waste code(s) are tied to the specific container.

States not authorized for the RCRA program like Alaska and Iowa are currently required to comply. RCRA authorized states will be required to adopt the more stringent portions of this final rule by July 1, 2018. If a state law must be changed for adoption then the deadline is July 1, 2019.

Labeling Options for EPA Hazardous Waste Generator Compliance

While indicating the hazards of the container’s contents in various permissible ways, hazardous waste generator labels must also be very durable and remain attached to the container.

So when it comes to printing EPA Hazardous Waste Generator compliant labels, one of the easiest ways to become compliant is for companies to use their existing printers along with appropriate printing software.

For the many chemical manufacturers, distributors, and end users that are already complying with Globally Harmonized System” (GHS) labels for OSHA, this means using GHS labels along with software that utilizes new hazardous waste specific templates.

As an example, companies can use UltraDuty GHS Labels by Avery, a leading label brand in the industrial and office markets.  Unlike typical labels, these GHS labels are industrial-grade labels designed to be chemical resistant, tear resistant, abrasion resistant, and constructed with a marine-grade adhesive that is waterproof and passes a 90-day seawater submersion adhesion test.

Using the company’s Design & Print Online Software, available at www.avery.com/ghs, allows employees to create, customize, and print their own hazardous waste labels at their desk from pre-designed, EPA compliant, templates.  Most employees find such a process intuitive, since it resembles creating an office document from pre-designed templates.

Printed labels with handwritten (Accumulation Start Date, EPA Waste Codes) or marked hazardous properties (flammable, corrosive, toxic, reactive; along with GHS pictograms) are also acceptable with the Final Rule.

One example of this approach, are pre-printed write-on Hazardous Waste Accumulation Labels by Avery (available in October) that comply with EPA’s new Hazardous Waste Generator Improvement Rule.

The pre-printed labels allow easy selection of the applicable GHS pictograms or hazardous properties along with accumulation start data and content composition.

These help to simplify proper labeling and are compatible with ball point pens and permanent markers.

The labels are waterproof and resistant to chemicals, abrasion, tearing, UV, and their permanent adhesive passes a 90-day salt-water immersion test.

Such labels can work for a variety of hazardous waste generators including VSQG, SQG, LQG, as well as sub-part K (Academic Laboratories).

[See example of a hand writable Avery Hazardous Waste Label that complies with the new rule].

For more info, visit www.Avery.com/GHS.

Revisiting GHS Label Compliance One Year After OSHA’s Deadline

New survey shows over 21% of companies did not meet all GHS compliance requirements

One year after OSHA’s June 1^st, 2016 “Globally Harmonized System” (GHS) label end user deadline, over 21% of companies had not yet met all requirements, according to a new survey.  The survey, conducted by Occupational Health & Safety (OH&S) magazine and Avery Products Corporation, an industrial and consumer label provider, reveals the perceived top barriers to GHS label compliance.

Fortunately, the tools and strategies exist that can help small to mid-sized companies achieve GHS label compliance rather quickly and inexpensively.  With higher OSHA penalties making non-compliance more costly, taking advantage of these tools and attaining compliance is more important than ever.

“The OSHA GHS label deadline for end users has come and gone, and it is now a costly compliance issue,” says Christine Webb, CSP, a consultant at Avitus Group, a U.S. based provider of services that allow small companies to strengthen and grow their businesses. Some of these services include safety, compliance, training, payroll, and more.

According to Webb, who is also a former OSHA compliance officer, last year Congress enacted a bill that allowed federal agencies to raise their fines, which have not been updated in decades.

“OSHA increased its fines by 78%, so a more severe citation that could cost up to $7,000 previously can now cost over $12,000,” says Webb.  “Not having appropriate GHS labels on secondary containers is one of the easiest compliance issues to spot and cite.”

In an industrial setting, chemical formulations that could require GHS labeling range from industrial primers, coatings, and sealants to lubricants, greases, cutting oils, and rust removers to acid, alkaline, and solvent based cleaners to degreasers, surfactants, disinfectants, and sanitizers.

Overcoming Barriers to Compliance

1)         GHS Label Content

According to the survey, over 26% of respondents stated that finding and placing compliant GHS content onto the label has been the most challenging part of the labeling process for them.  Too often this has involved tracking down difficult to obtain updated safety data sheets, determining the key data, and printing it on the GHS label in the correct format, which does require GHS pictograms.

On each GHS label, six specific items of data are required:  Product Name or Identifier; Hazard Statement; Signal Word; GHS Pictogram symbols; Precautionary Statement; and Supplier Information.  In place of the familiar black and white pictogram symbols previously used in safety labeling, GHS labels require pictogram symbols that convey hazard information with a red diamond border.

“A lot of people still don’t fully understand GHS labeling requirements, particularly at the small to mid-sized company level,” says Webb.  “They are unsure of what goes onto a GHS label and how to get it.”

Webb notes that as a safety and compliance consultant, she often shows clients how to use free GHS label software available online and how to print labels from their desktop printers.

She says that such GHS label software is intuitive, like using an app or a Microsoft Word template.

The crucial GHS label data can be accessed almost instantly from online databases and formatted to GHS requirements.  Much of the necessary information can be obtained, in fact, by simply entering a substance’s Chemical Abstracts Service (CAS) number.

“Avery provides a lot of the GHS label chemical info on their website,” says Webb.  “My clients save it on their PCs, so they don’t have to go back online.  They print GHS labels from desktop printers, and put the labels on containers as needed.”

The software includes the pictograms and GHS compliant statements needed for GHS labeling, allows customizable text, and insertion of company logo or other images.  For more sophisticated uses, it can generate 18 types of barcodes and has a sequential numbering feature to add lot numbers or other variable data.

No download is required since the cloud-based GHS software operates from the Avery website at www.avery.com/GHSLabel, and GHS, HMIS, and NFPA labels can be securely saved online or to a computer.  The software is also capable of printing other safety labels such as OSHA, ANSI, and Arc Flash labels.

2)         GHS Label Durability

Over 24% of survey respondents indicated that another challenge was finding durable labels that can withstand chemicals and harsh environments.

According to Webb, who consults with clients from a wide range of industries, some people mistakenly try to use regular office-grade labels for GHS applications, but find that the labels peel or the ink fades in tough workplace settings.

“GHS labels must be durable to stay compliant,” says Webb.  “In machine shops and auto body shops, for instance, the labels must resist oil, grease, and solvents, and in restaurants and kitchens hold up to harsh cleansers and disinfectants.  In such applications, GHS labels can withstand solvents, degreasers, cleansers as well as abrasion and moisture.”

Durable synthetic labels like Avery UltraDuty™ GHS Chemical Labels are chemical resistant, tear resistant, abrasion resistant, and constructed with a  high-performance adhesive that is waterproof and passes a 90-day seawater submersion adhesion test.

Unlike typical labels, which crack and harden in harsh conditions, they are UV resistant with 2+ years of outdoor UV life.  They are also temperature resistant, can be applied as low as 10° F, with adhesive service temperatures that can range between -40° F  to as high as 300° F.

For extra protection in harsh environments, Webb likes to use an additional laminate over the top of GHS labels.  Avery, for instance, offers such labels with a clear laminate so no lamination machine or additional layer of tape is needed.  The material is UV and water resistant, and resists scuffing, tearing and smudging, making them ideal for use in warehouses, storage areas and worksites.

3)         GHS Label Size

According to the survey, almost 11% of respondents stated that “finding labels that fit my containers” was a problem.

For end users, GHS compliance is required for chemical formulations purchased in bulk containers for cost savings, such as barrels of industrial cleaner that are transferred to smaller “down-packed” containers, such as spray bottles, for portable use.

Containers requiring GHS-compliant labeling can vary in size from 55-gallon drums down to little test vials.

“Getting correctly sized GHS labels can be a challenge,” says Webb.  “With GHS labels, you usually don’t want labels of only one size or type, not when you could have a dozen or more different types of containers.  For my clients, I look to Avery first because I’ve found that they offer the widest range of GHS label sizes and types.”

Such GHS labels are available in a full range of sizes to fit drums, totes, pails, cans, jugs, containers, and even small bottles.  They can be applied to a variety of surfaces such as metal, plastic, glass, ceramic, polycarbonate, painted surfaces, and more.

“Even if you are an end user at a small or mid-sized company, compliance is easier than you think with easy to use GHS label software and labels that you print at your desk,” concludes Webb.  “You can get in compliance quickly, avoid higher OSHA penalties, and keep your employees and workplace safe and productive.”

For more info, visit www.avery.com/GHSLabel.

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