Date: Wed, 20 Jun 2007 12:33:08 -0700
Reply-To: Eric J CLARK <Eric.J.Clark**At_Symbol_Here**STATE.OR.US>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: Eric J CLARK <Eric.J.Clark**At_Symbol_Here**STATE.OR.US>
Subject: Re: "open" sharps containers
Comments: To: Jennifer Young
That DENR inspector may have been way off base.  I was a RCRA for years
and have logged more than 500 hazardous waste inspections.  Those
regulations - 40 CFR 262.34(c)(1)(I) and 265.173(a) - apply to hazardous
waste.  Other than the physical hazards you call "sharps", what was the
residue that gave this waste it's hazardous characteristic, i.e., the
EPA-defined hazardous waste codes?  If there are no hazardous waste
codes that apply to this waste, then 40 CFR 262.34(c)(1)(I) and
265.173(a) are totally irrelevant.  If you don't know the answer to that
question, then you should have been cited with 40 CFR 262.11 (c)(2)
instead - failure to make a hazardous waste determination.   

Eric J. Clark, MS, CCHO, CHMM
Chemical Terrorism Coordinator
Laboratory Response Network
Oregon State Public Health Laboratory
1717 SW 10th Ave
Portland, OR  97201

(503) 229-5592
Fax: (503) 229-5682

>>> "Young, Jennifer"  06/19/2007 2:14:25
PM >>>
I could use some help about how to respond to a DENR inspection
violation regarding an open sharps container.  We were cited for
violating 40 CFR 262.34(c)(1)(I) and 265.173(a), which states "that a
container holding hazardous waste must always be closed during
except when it is necessary to add or remove waste."  I understand
but a sharps container is designed such that once it is closed, it
cannot be reopened.  Only the small flap for adding sharps was open,
is has to be open.  It would be quite a danger for the chemists to
to try to pry open the container when they had a syringe to dispose
(This is a large, 7 gallon bucket-type container, with a flat lid that
is hinged and a flap that leaves an open space for adding the
syringes/needles, not the small wall-hanging or tabletop kind.)  How
does one keep the waste container closed when it is designed to be
like that?  How do I respond?  Any advice you could give would be
Jennifer A. Young, Ph.D.
Targacept, Inc.
336 480-2182

Previous post   |  Top of Page   |   Next post

The content of this page reflects the personal opinion(s) of the author(s) only, not the American Chemical Society, ILPI, Safety Emporium, or any other party. Use of any information on this page is at the reader's own risk. Unauthorized reproduction of these materials is prohibited. Send questions/comments about the archive to
The maintenance and hosting of the DCHAS-L archive is provided through the generous support of Safety Emporium.