Q. We collect certain hazardous materials, i.e. Ethidium Bromide and Formalin 10%, and label them as Non-RCRA Regulated Waste; are they still exempt from the OSHA HazCom labeling requirements as hazardous wastes are?
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A. You have stated that you “collect certain hazardous materials, i.e. Ethidium Bromide and Formalin 10%, and label them as Non-RCRA Regulated Waste.” We assume, therefore, that you have made the determination that these two hazardous materials are not hazardous wastes that must be managed in accordance with the RCRA hazardous waste regulations. The Formalin 10% is, as you know, a 10% diluted solution of Formaldehyde which is itself a hazardous waste. Consequently, we’ll assume that you have tested a sample of the Formalin and found that it is not hazardous for ignitability or for any other reason. Note, however, that many best management practices suggest management and disposal of Formalin as a hazardous waste. Regarding the Ethidium Bromide, we will also assume from your statement that you have analyses to demonstrate that this hazardous material is not a hazardous waste. You also note that they are managed in a facility permitted in accordance with the hazardous waste regulations.
Your question, given that you’ve determined that these substances are not hazardous waste, is whether they are “exempt from the OSHA HazCom labeling requirements as hazardous wastes are.” OSHA is not entirely clear whether the hazardous materials under the conditions you describe are still exempt from the OSHA HazCom labeling requirements as hazardous wastes. If they are currently labeled in accordance with the requirements of RCRA, then they are exempt. If they are NOT labeled in accordance with RCRA, it appears they may fall under OSHA HazCom requirements.