July 15, 2016

RCRA Violations on Top Ten Lists

As far as we know, EPA does not keep a national list of the most common RCRA violations. However, several states keep track of the top ten areas of noncompliance with the RCRA hazardous waste program, as summarized in the table below.

Violation	Arkansas	Colorado¹	Connecticut	Indiana	Tennessee	Texas
Failure to make hazardous waste determinations	1	5	1	1	10	1
Open containers	4	4	7	10	2	3
Container labeling violations	5	3	10	4,6	1,5	5
Training violations	7	1	6	5		7
Used oil violations		10	4	3,9	4	9
Failure to perform weekly container inspections	2		3		8	4
Preparedness and prevention violations	6	9	2			6
Universal waste violations	9		5		3	8
Satellite accumulation violations		6		2,8	6
Contingency plan violations		2		7	7
Improper tank management	8	7	8
LDR violations		8	9
Failure to obtain permit²	3
Waste minimization plan violations					9
Transporter requirements	10
Failure to update notice of registration (TX)						2
Annual waste summary violations (TX)						10

¹ Colorado Department of Public Health and the Environment (2005–2014).

² Permit requirement generally triggered by another violation like accumulating wastes for longer than 90/180 days, treating wastes without a permit, etc.

Source: Adapted by McCoy and Associates, Inc.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.