The Generator Improvements Rule made a technical change to the regulations for personnel training at a large quantity generator of hazardous waste (LQG). This change to 40 CFR 262.17(a)(7)(i)(A) was made by the U.S. Environmental Protection Agency (USEPA) to bring the hazardous waste personnel training regulations up to date with existing industry practices.
Therefore, USEPA revised the regulations to allow a LQG to use online computer training in addition to classroom instruction and on-the-job training. The regulations include examples of online training: computer-based or electronic.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
(7) Personnel training. (i)(A) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part.
The employees (aka: personnel) of a large quantity generator of hazardous waste (LQG) must successfully complete initial training with an annual review. Regulations of the U.S. Environmental Protection Agency (USEPA) mandate such training be provided in order for the LQG to maintain its exemption from regulation as a treatment, storage, or disposal facility (TSDF) of hazardous waste.
The purpose of this article is to explain the Federal regulations of the USEPA at 40 CFR 262.17(a)(7) for training of personnel at a large quantity generator of hazardous waste.(more…)
I hear it often from potential customers: while they prefer Seminars and Onsite Training, and they may be interested in a Learning Management System, they have little to no interest in Web-Based Training. “They’re dull, uniform, not engaging, too passive, don’t hold trainees interest…” the list goes on. But remember, Daniels Training Services offers “A different kind of training”, it says so right on the homepage of my website. So before you judge too harshly, take a look at this short segment of my latest RCRA Training Webinar from April 27th, recorded as a video and loaded on YouTube. In a few short minutes you’ll get a taste for what my Webinar Training is like and you’ll learn about the USEPA training requirements for Hazardous Waste Personnel as well!
The start is a little awkward, I know, because you’re joining only seeing a snippet of the whole thing. The point is that the Webinar has live audio and animation – provided by me. And though no one took advantage of the opportunity in this example, Webinar trainees are free – and encouraged – to ask questions at any time during the training. The goal of my Webinar Training is not just to provide you with the annual RCRA training requirement for Hazardous Waste Personnel, it’s also to ANSWER YOUR QUESTIONS.
BOSTON – The Massachusetts Department of Environmental Protection (MassDEP) assessed a $7,250 penalty to the New England Laborers Training Academy (NELTA) to settle environmental violations resulting from a 1,000-gallon diesel fuel spill at its facility on East Street in Hopkinton.
On Sept. 21, 2011, the Hopkinton Fire Department notified MassDEP of a diesel fuel release that surfaced in a basement sump pump, causing fuel odors inside an Academy building. NELTA personnel conducted inventory reconciliation of the building’s fuel usage and estimated that 1,000 gallons of fuel was lost during an incident dating back to April 2011 that was never reported to MassDEP nor assessed and cleaned up. Failure to timely notify and immediately assess and abate the release of the heating oil resulted in contamination to soils, groundwater and odor impacts within the building five months later.
As part of a consent order, NELTA was assessed the $7,250 penalty and worked with MassDEP staff to revise its spill contingency and material management plans. As part of the agreement, NELTA was required to pay $3,750 of the assessed penalty to the Commonwealth. The organization also agreed to spend the remaining $3,500 penalty on a Supplemental Environmental Project that will help to purchase emergency equipment for the Hopkinton Fire Department.
“Immediate response actions and timely spill notification are critical to prevent greater environmental damage and cost,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “NELTA has improved its business practices to prevent a recurrence of this chain of events, which cost the Academy significantly more than it would have to address the spill appropriately in the first place.”
MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills and the preservation of wetlands and coastal resources.
Another thing to consider with all of the above is the fact that many of the RCRA hazardous waste regulations pertaining to generator treatment and management of hazardous waste are suspended during the immediate response to a spill or release of a hazardous waste or what could be a hazardous waste. That suspension ends, however, whenever it is deemed that the “immediate” response is complete. Any spill residue that is not promptly cleaned up could be considered to be discarded by being abandoned pursuant to 40 CFR 261.2(b) and therefore subject to determination as a hazardous waste. If either a listed or characteristic hazardous waste, it would be subject to full regulation under RCRA for on-site disposal.
The regulations of the Resources Conservation and Recovery Act applicable to generators of hazardous waste, codified at 40 CFR 262-268 mandate the creation of a variety of reports, inspection logs, notifications, certifications, manifest, records, etc. In order to demonstrate compliance with these regulations a generator of hazardous waste must maintain a copy of the applicable document as a record. These records must be provided to an agent of the US EPA or their designee upon request. You can read more about your responsibility to make these records available to an inspector here: Making RCRA Records Available for Federal and State Inspectors.
The purpose of this article is to look closely at a single recordkeeping requirement of the US EPA for a generator of hazardous waste. Since these are the Federal regulations, you will need to check with your State environmental agency in order to confirm compliance. (more…)
The regulatory requirement for training employees who work with or around hazardous waste or may respond to a hazardous waste emergency depends upon your hazardous waste generator status (take this quick survey to determine your hazardous waste generator status). A brief summary of the applicable training requirements:
A large quantity generator of hazardous waste must train all facility personnel within 6 months of employment and annually thereafter [40 CFR 262.17(a)(7)].
A conditionally exempt small quantity generator of hazardous waste has no training requirement [§261.14].
A small quantity generator of hazardous waste is not specifically required to provide training to its facility personnel. However, training may be necessary in order to comply with the applicable regulations [§262.16(b)(9)(iii)].
40 CFR 262.16(b)(9)(iii) reads:
The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
The regulations do not specify how the generator must “ensure” that all of their employees are “thoroughly familiar” with the relevant procedures for handling waste and for responding to emergencies. Options include:
On-the-job experience,
Prior work experience,
Education,
Signs and labels to communicate information,
Work Instructions or SOP’s that provide relevant guidance,
And training.
While not required it is assumed by the US EPA and state agencies that training will play a role – if not THE role – in complying with §262.16(b)(9)(iii) (RO11779).
Note:
As of the effective date of the Generator Improvements Rule on May 30, 2017 the Federal regulations referenced in this article changed from their previous location in the Code of Federal Regulations.
The regulations of your state may still refer to the original location of the Federal regulations at 40 CFR 262.34(d)(5)(iii).
There have been no other changes to the regulations for the training requirements of an SQG other than their location in the CFR.
It is also important to note that this regulation falls within the larger framework of an SQG’s responsibility to respond to an emergency, sometimes known as the Small Quantity Generator’s Basic Plan. Therefore, your training must address the emergency response procedures your employees need to know relevant to their job duties.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Even if you determine that training is not required you and your employees will benefit from learning what regulations are applicable to their job duties and how those regulations fit into the greater regulatory structure.
Pursuant to USEPA regulations in affect prior to May 30, 2017, at 40 CFR 262.34(a)(4) a large quantity generator of Hazardous Waste (LQG) must, among other things, comply with the training requirements of §265.16. §265.16 is meant for permitted hazardous waste treatment storage and disposal facilities (TSDFs), but the direct reference to it from §262.34(a)(4) makes it applicable to an LQG as well.
As of May 30, 2017 and the Generator Improvements Rule, the training requirement for facility personnel of an LQG are now found at 40 CFR 262.17(a)(7).
Therefore, an LQG must train and document the training per the requirements of this section for each of its Facility Personnel. Training documentation must include:
Job title and name.
A written job description.
A written description of the type and amount of training provided; both introductory and annual refresher.
Certification that the training has been given to, and completed by, facility personnel.
Of the above, it’s the written job description that I will seek to clarify here. I’ve been asked, “What does US EPA want for a job description?” In reference to the job description, §265.16(d)(2) – now 40 CFR 262.17(a)(7)(iv)(B) – reads:
This description may be consistent in its degree of specificity with descriptions of other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualification, and duties of facility personnel assigned to each position;
The Agency initially provides you with some freedom in determining what you will use to meet this requirement, “…may be consistent in its degree of specificity with descriptions of other similar positions in the same company location or bargaining unit…” In other words, you don’t have to invent a Job Description from scratch, but instead can use a description similar to one already in use.
However, the next moment USEPA turns around and requires that your Job Description, “…must include the requisite skill, education, or other qualifications….” of your trained Facility Personnel, meaning: the skill, education, or qualifications that are required for them to do their job. Your Job Description must also include the, “…duties of facility personnel assigned to each position;”
And this from the preamble to the regulations when published in the Federal Register on May 19, 1980 (45 FR 33066):
…the only interest in the job descriptions of a facility personnel is to enable the Agency to determine if each person is receiving a level of training that is commensurate with the person’s duties and responsibilities.
In other words the role of the job description in the RCRA training record is to demonstrate to an Agency inspector that the training received is applicable to what the employee needs to know in order to do their job in compliance with the regulations.
Is USEPA going to bite your head off if your training documentation doesn’t exactly meet the above description? I don’t think so. I think the most important thing is to get the training done. And then, ensure the training record includes some form of a Job Description that reflects the employees responsibility for handling hazardous waste. I provide attendees of all of my training with a form to document its proper completion. Contact me to discuss the training required for Facility Personnel and for HazMat Employees.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
You may already be aware of the requirement for large quantity generators of hazardous waste to train their facility personnel annually. And you may be aware of the responsibility of small quantity generators of hazardous waste to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures [40 CFR 262.34(d)(5)(iii)]. You may not know that if you generate a universal waste, you have an additional responsibility to train/inform your employees depending on your handler status.
Universal wastes are hazardous wastes that have the option to be managed under the less restrictive universal waste regulations of 40 CFR 273. Federal universal wastes include those listed below. Check with your state to determine if they have added any state-specific universal wastes to this list.
Batteries
Mercury-containing devices
Lamps
Recalled or canceled pesticides
There are two levels of universal waste handler status determined by the amount of universal waste accumulated at any one time in the calendar year, they are:
Small Quantity Handler accumulates <5,000 kg of universal waste.
Large Quantity Handler accumulates ≥5,000 kg of universal waste.
Note that your universal waste handler status is distinct and separate from your hazardous waste generator status. Also, the employee training requirements for universal waste are separate and distinct from those for hazardous waste.
Pursuant to 40 CFR 273.16 a small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility. Though entitled”Employee Training” the regulation only requires you to “inform” applicable employees, this could be done through instructions, signs, etc. You may not, however, assume they have the necessary knowledge due to experience since the regulations requires you to actively “inform” them of what they need to know.
Pursuant to 40 CFR 273.36 a large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies. Note the – deliberate – similarity between the training requirements for a large quantity handler of universal waste and a small quantity generator of hazardous waste. They both must ensure their employees are thoroughly familiar with their job duties and know what to do in an emergency, but they have no direction on how this is to be done or are required to document the process or maintain records. How you comply with this regulation is up to you, it could be signs, labels, on-the-job training, or other.
The regulations of the USEPA (and authorized states) are deliberately vague on the subject of training for employees who work with universal waste. It is the responsibility of the handler to determine if its training is adequate. However, I have been advised of a good way to ensure compliance. I was told by an authority of a state environmental regulatory agency that compliance with OSHA’s regulations at 29 CFR Part 1910 for worker protection will ensure compliance with the universal waste training requirements. Indeed, such an achievement was referred to as the “Gold Standard” for compliance.
The training requirements for handlers of universal waste must be completed in addition to the required training for generators of hazardous waste. My training, either at public workshops or at your facility, addresses the both of these regulations and much more.
The last few weeks have been busy, and the next few look to be busy as well (no complaints). Besides my Public Training Workshops held weekly throughout the year, I have had to provide on-site training, sometimes on short notice. What is on-site training? And why does it consume so much of my time? The answer to the first question is simple: For one low flat fee, I will bring my high-quality training (DOT HazMat Employee and EPA Hazardous Waste Personnel) to your company or to another location if more convenient for you. The answer to the second question is due to the extra work that goes into creating on-site training for a facility. My list of On-Site Training Benefits below will make this clear.
On-Site Training Benefits:
Eliminate time lost traveling to distant training. No matter the length of off-site training, you have to assume you will lose an entire day’s productivity if employees must travel. There is no loss of time when I bring the training to you.
Save money on travel, food, and lodging costs. By having the training at your site, using your existing resources, your ancillary costs are virtually nil. Having some sandwiches delivered would be nice, though.
Flexibility in scheduling. Need the training to start at 5am and go until 7pm in order to catch all the shifts? No problem. Need training on a Saturday? No problem. Need more than one day of training? Again, no problem. I’ve conducted training in all sorts of circumstances and times. I understand the needs of production and the difficulty in taking people away from work to attend training. Let me work with you to ensure you get the training you need without sacrificing production.
Site specific training. I will work with you to construct a training presentation that focuses on the regulations that affect your facility (Federal, State, and local) and ignores those that don’t. If possible, I tour the site with you the day before the training taking pictures (if allowed) that I incorporate into the training. The training will inform your employees of the regulations and then reveal how they are (or are not) in practice at your facility. Both HazMat Employee training and Hazardous Waste Personnel training requires site-specific information in order to be complete, a general overview of the regulations will not do.
Employee interaction. One thing I enjoy about on-site training is when an issue I have brought up spurs discussion among trainees. If the right mix of managers and shop-floor employees are present a resolution of an issue may result. Those times I like to stand back and let the discussion proceed, providing direction from the regulations if necessary, the training can wait.
Coordination of information. Nothing is more frustrating than arguments over the regulations due to different trainers providing different opinions. With on-site training everyone hears the same information from the same source.
Answers to your questions. I won’t pretend I know the answer if I don’t. Instead I’ll write your question down and get you an answer at a later date.
The Downside to On-Site Training:
Well, you don’t have that nice long drive through traffic. And no overnight stay in a luxury hotel…
So, with all those benefits and no discernible downside, why not consider on-site training? Cost for on-site training is low and when you figure in the benefits listed above, you’ll come out way ahead. Contact me for a free consultation to determine your training needs.
Pursuant to 40 CFR 262.34(a)(4) a large quantity generator (LQG) of hazardous waste must have a training program for its facility personnel that is the same as that required for a hazardous waste Treatment Storage and Disposal Facility; the regulations for this training can be found at 40 CFR 265.16 and include the following:
Training program must be “designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems…”
Facility personnel must be trained within 6 months of new hire or new job assignment and must be supervised by a trained and knowledgeable employee in that time.
Facility personnel must take part in an annual review of the initial training.
Note:
As of the effective date of the Generator Improvements Rule on May 30, 2017 the Federal regulations referenced in this article have changed.
The training requirements for a large quantity generator of hazardous waste are now found at 40 CFR 262.17(a)(7).
The regulations of your state may still refer to the original location of the Federal regulations.
The purpose of the annual review is to “ensure that facility personnel maintain expertise in the areas to which they are assigned thereby reducing the potential for mistakes that might threaten human health or the environment.” In other words, so they don’t get rusty, forget to follow the regulations, and a spill or accident involving hazardous waste occurs. But what is meant by “annual”? Once per calendar year? Once every 12 months? Every 365 days on the exact anniversary of the initial training?
Your best practice is to ensure that facility personnel are trained each year, no later than, and ideally before, the anniversary date of their initial training. However, US EPA is aware that “it may be infeasible for companies with many employees to train each employee exactly one year after the last training…” so it has allowed for annual training to be completed within 90 days after the anniversary date (RO14286). Note however in this case that the extended period was not due to a busy schedule or error on the part of the generator but instead was the result of a training policy that allowed, in some cases, for up to 15 months to pass between refresher training. Also please note that US EPA “does expect companies to attempt to provide training so that personnel are trained every year.”
State regulations for annual training may be more stringent than the Federal requirements, check with your state agency for a more site-specific determination.
If in doubt about your training, default back to the third paragraph of this article, “The purpose of the annual review is to ‘ensure that facility personnel maintain expertise in the areas to which the are assigned thereby reducing the potential for mistakes that might threaten human health or the environment’.”
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Initial and recurrent training of your facility personnel is not only a regulatory requirement, it is a good idea as well. Properly trained and informed employees will perform their jobs more safely and ensure your compliance with the regulations. Contact me about the RCRA training I provide for facility personnel or for a free consultation.
