Daniels Training Services

Who are the “Facility Personnel” of a Hazardous Waste Generator who Must Receive Annual Training?

Who are the “Facility Personnel” of a Hazardous Waste Generator who Must Receive Annual Training?

If you are a Large Quantity Generator (LQG) of hazardous waste you may be aware of the requirement to train your Facility Personnel annually.  “But”, you may ask, “ just who are my Facility Personnel?

Before I answer that question, you should know that the regulations at 40 CFR 262.34(a)(4) require an LQG like you to comply with 40 CFR 265.16 which mandates annual training for Facility Personnel of a Treatment Storage and Disposal Facility (TSDF).  Now, you’re not a TSDF; you’re a generator of hazardous waste, an LQG to be precise, but the training regulations of 265.16 apply to you just the same since they are referred to by the LQG regulations of 262.34(a)(4).  Whether you are a TSDF or LQG, the purpose of the training is the same:  to ensure Facility Personnel know how to perform their jobs, whatever they may be, in compliance with the regulations.  But who are your Facility Personnel?

The short answer is that it is up to you as the generator to determine which of your employees meet the definition of Facility Personnel and therefore require training.

The long answer?  Well…

Personnel or Facility Personnel are defined at 40 CFR 260.10 as:  all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of part 264 or 265 of this chapter.  The first part of the definition would seem to encompass every single employee of a hazardous waste facility (in your case a Large Quantity Generator of hazardous waste); it is the second part, “and whose actions or failure to act may result in noncompliance…” that narrows the field to just those employees whose job duties affect your compliance with the hazardous waste regulations of the Resource Conservation and Recovery Act (RCRA).  So, if you count on them doing their job right in order to ensure compliance with the hazardous waste regulations of RCRA, then they are Facility Personnel and require training.  Some examples of  Facility Personnel include employees who:

  • Work at or around where hazardous waste is generated.
  • Transfer hazardous waste to or from the facility’s Central Accumulation Area.
  • Conduct weekly inspections of hazardous waste accumulation areas.
  • Treat or recycle hazardous waste.
  • *Prepare hazardous waste for off-site shipment.
  • *Prepare, review, or sign the Uniform Hazardous Waste Manifest.
  • Respond to a spill, fire, or other hazardous waste emergency.
  • Identified as a emergency coordinator in the facility’s contingency plan.
  • Transport hazardous waste over a public roadway.
  • Supervise employees who perform any of the above.

Examples above that include the (*) would also be subject to the HazMat Employee training regulations of the US Department of Transportation.

The training requirements of 40 CFR 265.16 do not apply to…

  • Facility Personnel of an LQG whose sole contact with hazardous waste is limited to Satellite Accumulation Areas.
  • Facility Personnel of a Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG).
  • Facility Personnel of a Small Quantity Generator of hazardous waste (SQG).  However, SQG’s have a unique training requirement found at 40 CFR 262.34(d)(5)(iii) which requires them to ensure “all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.”

Unsure of your hazardous waste generator status (LQG, SQG, CESQG)?  Take this simple survey to find out for yourself.

Contact me for a free consultation and I will assist you in identifying your Facility Personnel and the best way to meet the training requirements of the EPA and the US DOT for HazMat Employees.