Regulatory Training

Funding Available for Training Through the Workforce Investment Act

As a training provider, I deliver information about the regulations of the PHMSA/USDOT and the USEPA to those in affected industries.  This includes anyone who generates a hazardous waste and/or transports or offers for transport a hazardous waste.  I have struggled to arrive at a fair cost for my services; one that makes me money, is competitive with my peers, and is fair to anyone needing my training.  However, someone seeking regulatory compliance training may not be able to afford my services at any price.  That’s where grant money and funding opportunities from Federal and State agencies come in.

A significant source of funding for training is available through the Workforce Investment Act (WIA).  The WIA is intended to help Americans manage their careers through information and to help U.S. companies find skilled workers.  Among many other features, the WIA provides funding to eligible persons who wish to receive training that will increase their chances of finding employment.  Eligibility is based on many factors, including the type of training, and will vary depending on the state or region administering the WIA funds; however, eligibility criteria will usually include low-income workers.

Another source of funds for a person seeking training is available through the Trade Adjustment Assistance (TAA) Program.  Eligible persons are those whose employment has been impacted when production is moved overseas; it could be a situation where the person lost their job or suffered a reduction in hours.

Both the WIA and TAA are Federal programs administered by the US Department of Labor, however, the eligibility determination and distribution of funding is performed by what are referred to by the USDOL as American Job Centers, which are located throughout the US.  Your local office may operate under a different name than American Job Center; it’s no matter as long as they are authorized to administer the WIA & TAA programs.  Your application for funds to attend training must be made through the state or local office nearest to you.  These offices can be found on US Department of Labor website:  “Map of State American Job Centers Web Sites“.  From this page you can select your state of residence, this will take you to the state administrator of the WIA & TAA programs.  At this point you will have to search the state website to determine if funds are available at the state level, or if you will have to search further to find a local office.  Funding may be available at the county level.  Whether the state or county level, you will need to contact the appropriate person to determine the eligibility requirements to receive funding.

Likely they will require some evidence of the training content and the trainers qualifications, no problem.  My resume, information about my company and training services, and a detailed course outline of all of my training services are available on my website.  If you don’t see what you require, don’t hesitate to contact me and I will strive to give you whatever is necessary.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

This training is required by both state and Federal regulations.  Failure to complete this training at the required frequency could result in fines, lost business, production interruptions, and even injuries and fatalities.  And if you’re going to get trained, make it worth your time and invest in my high-quality training services.  Grant money can help to make it even more affordable.

 

On-Site Training by Daniels Training Services

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.

 

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?” (more…)

9 Questions to ask Your RCRA Training Provider

I hope you use my services to provide RCRA Training to your Hazardous Waste Personnel as required by the US EPA (and your State).  However, there are other training providers out there and perhaps you are considering one of them.  If so, I encourage you to ask them the following questions.  Their response to them, as compared to mine, will help you in your decision.  You may also be interested in another article of mine:  11 Questions to ask Your HazMat Employee Training Provider.  You may also contact me for a free consultation of your RCRA Training and DOT HazMat Employee Training needs.

1.  What are the regulations that require this training?

A:  The answer is more complicated than it should be.  One of the requirements of a Large Quantity Generator (LQG) of hazardous waste is that it must comply with 40 CFR 262.34(a)(4) which references the training requirements in 40 CFR 265.16 for “Facility Personnel” of a TSDF.  Read here for a more detailed explanation of the regulatory requirements for training the personnel of an LQG.

2.  Who or what are the “Facility Personnel” that I must train?

A:  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.”  While intended for persons at a TSDF, the regulatory reference in #1 above links it to persons at an LQG.  These persons are also known as:  RCRA Personnel or Hazardous Waste Personnel.  Take note that this definition applies not only to your employees, but may also apply to contractors who work at your site (RO14180).

3.  How frequently must I provide training?

A:  40 CFR 265.16(b) mandates training be provided within 6 months of new employment and that untrained employees must be supervised in that time by trained personnel.  All Facility Personnel must receive an annual review of their initial training.

4.  Is your training certified or approved by the US EPA or by a State environmental agency?

A:  Neither the US EPA, nor any State, certify training providers or approve their training programs for use.

5.  When was the last time the training provider received RCRA Training?

A:  40 CFR 265.16(a)(2) requires the training program to be directed by a person who has received annual training.  Your prospective RCRA Training provider should be able to demonstrate they have attended the annual training themselves.

6.  Do the training requirements apply to facility personnel who work only near a Satellite Accumulation Area (SAA) for hazardous waste?

A:  The SAA regulations, found at 40 CFR 262.34(c), and applicable to both LQG’s and SQG’s (Small Quantity Generators of hazardous waste) do not reference the Facility Personnel training requirements of 40 CFR 265.16.  Therefore, you are not required to train personnel whose sole contact with hazardous waste is while it is in the SAA.  However, while not subject to the full training requirements, it is helpful for employees to be aware of the applicable regulations and their responsibility to comply with them.  That is why I include these topics, and others as applicable, in my training.

7.  Do the training requirements apply to facility personnel who work only with Universal Waste or Used Oil?

A:  Universal Waste and Used Oil are exempted by regulation (40 CFR 273 & 279 respectively) from the full requirements of RCRA (the Resource Conservation and Recovery Act) regulations and are not subject to the training requirements.  However, while not subject to the full training requirements, it is helpful for employees to be aware of the applicable regulations and their responsibility to comply with them.  That is why I include these topics, and others as applicable, in my training.

8.  What training is required for an SQG?

A:  As we saw in #1 above, the training requirement in 40 CFR 265.16 as referenced in 40 CFR 262.34(a)(4) applies solely to LQG’s.  So, while SQG’s do not have a requirement to train their Facility Personnel, 40 CFR 262.34(d)(iii) requires them to “…ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.”  While not calling out a specific need for training, it leaves the SQG with the challenge of determining how to make their employees “thoroughly familiar” with the applicable regulations and procedures.

9.  Are you a lawyer?

A:  I have nothing against lawyers, and in some situations, their services are invaluable.  However, they don’t always make the best trainers because their experience has been interpreting the regulations and their legal justification instead of what you must do to comply with them.  In contrast, my experience prior to starting this business has been “on the shop floor”:  driving a truck, handling hazardous waste, completing weekly inspections, conducting agency inspections, preparing shipping papers, and more of the like.  I feel my job as your trainer is to reveal the regulations and teach you methods of compliance I have learned over the years, not the Genesis of the regulations.  At my training you’ll learn how to do your job, not why you have to do it.

Two questions remain, perhaps the questions:

  1. How much does your training cost?
  2. How far will I and my employees have to travel?

My prices for training are the best value you will find.  At my Training Seminars you may register for as low as $299/person, and $259/person for additional coworkers, if more than two weeks prior to the event.  Registration closer to the training date isn’t that much more.

My Training Seminars are held nationwide and year round, so there’s a good chance I will be coming to your area soon.  If you don’t find a convenient date or location, or if you have many people to train, consider Onsite Training.  For a flat fee of $1,999 and $10/trainee I will travel to your site and provide a full day of RCRA Training and HazMat Employee training if necessary.

11 Questions to Ask Your HazMat Employee Training Provider

I am only one of many companies that provide HazMat Employee training.  Of course, I highly recommend my services, but how are you to know if I’m the right trainer for you?  One way is to check out my website to review the information there.  Another is to contact me for a free consultation on your training needs.  A third way, and the point of this article, is to ask the following questions of any prospective training provider; their answers – as compared to mine – will help in making your decision.  You may also be interested in another article of mine:  8 Questions to ask Your RCRA Training Provider.

1.  How do I identify my HazMat Employees?

A:  I have found that most companies do not identify all of their HazMat Employees to begin with and therefore fail to train adequately.  A HazMat Employee is defined at 49 CFR 171.8, and includes a person who in the course of employment directly affects hazardous materials transportation safety.  Please read here for a complete description of who is a HazMat Employee at your facility.

2.  What are the regulations that require training of HazMat Employees?

A:  the regulations for HazMat Employee training can be found at 49 CFR 172, Subpart H.

3.  Does your HazMat Employee training include a test?

A:  The answer should be ‘Yes’.  49 CFR 172.702(d) requires testing as a part of HazMat Employee training.

4.  Is this training required by the US Department of Transportation (DOT) or the Pipeline and Hazardous Materials Safety Administration (PHMSA)?

A:  A trick question, the PHMSA is actually the administration within the DOT that is responsible for the domestic transportation of hazardous materials (and all materials by pipeline).  I’d give them a pass if they say DOT, but PHMSA is the better answer.

5.  Are you, or is your HazMat Employee training, certified by the DOT/PHMSA?

A:  The correct answer is ‘No’.  Neither the PHMSA nor the DOT “certifies” a training provider or training material.

6.  Will you certify or ensure that my HazMat Employees are adequately trained and tested?

A:  It is a little-known, but critical, fact that 49 CFR 172.702(a) & (d) requires the HazMat Employer (that’s you) to ensure their HazMat Employees are adequately trained and tested, not the training provider.  The correct answer is, “Yes, I provide the training and testing; you as the HazMat Employer ensure it is adequate.”

7.  How often is HazMat Employee training required?

A:  An easy one.  Initial training must be provided for new HazMat Employees (either recent hires or newly assigned job duties) within 90 days of employment, and they must be supervised by trained personnel in that time.  Recurrent training must take place at least once every three years (triennially) per 49 CFR 172.704(c).

 8.  What recordkeeping is required for HazMat Employee training?

A:  The correct answer to this question is very important since improper training recordkeeping is one of the top violations issued to HazMat Employers.  The HazMat Employee training recordkeeping requirements can be found at 49 CFR 172.704(d), and include:

  1. The HazMat Employee’s name.
  2. The most recent training completion date.
  3. A description, copy, or location of the training materials.
  4. Name and address of the training provider.
  5. Certification of training and testing.

9.  What subjects must HazMat Employee training include?

A:  The requirements for HazMat Employee training content are documented at 49 CFR 172.7o4(a), and include:

  1. General Awareness/Familiarization Training
  2. Function Specific Training
  3. Safety Training
  4. Security General Awareness Training
  5. In-Depth Security Training (if applicable)

 Read here for a more complete explanation of the required training content for HazMat Employees.

10.  What training is required for HazMat Employees who transport hazardous materials over a public roadway?

A:  A person who transports any quantity of a hazardous material over a public roadway must receive HazMat Training as indicated in #9 above and must receive driver training per 49 CFR 177.816.  The maintenance of a Commercial Drivers License (CDL) with the HazMat endorsement may suffice in lieu of this training for some drivers.  Read here for a more thorough explanation of the training requirements for HazMat drivers.

11.  Are you a lawyer?

A:  I have nothing against lawyers, and in some situations, their services are invaluable.  However, they don’t always make the best trainers because their experience has been interpreting the regulations and their legal justification instead of what you must do to comply with them.  My experience prior to starting this business has been “on the shop floor”:  driving a truck, handling hazardous waste, completing weekly inspections, conducting agency inspections, preparing shipping papers, and more of the like.  I feel my job as a trainer is to reveal the regulations and teach you methods of compliance I have learned over the years, not the Genesis of the regulations.  At my training you’ll learn how to do your job, not why you have to do it.

I could go on, but these are the big ones.  Incorrect answers to the above, or a “huh?” are warning signs telling you to look elsewhere for your training provider.  As I indicated above, I am willing to answer any questions you may have about HazMat Employee training, or the other training service I provide:  RCRA training for hazardous waste personnel.  I complete both training requirements (HazMat Employee and RCRA) in one day, either at an open enrollment training event or as on-site training.  Either way, it is great training at a great price.

DOT Chart 14 Now Available in Spanish

For those of you not familiar with the DOT Chart 14, it is a fantastic guidance document produced and distributed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT.  It contains helpful information on three of the four hazardous material communication methods required by the Hazardous Material Regulations (HMR):

  • Markings,
  • Warning Labels, and;
  • Placards.

The missing HazMat communication method is:  Shipping Papers.

At just four pages, the DOT Chart 14 is not a comprehensive source of information, nor is it intended to be a substitute for the regulations; as it reads on the cover, “NOTE:  This document is for general guidance only and should not be used to determine compliance with 49 CFR, Parts 100-185.”  And don’t be misled by the translation to Spanish; the HMR requires all HazMat shipping papers, markings, warning labels, and placards to be in English.  The intent, I imagine, of this translated version is to assist you as the HazMat Employer to fulfill the requirement to provide full training to your Spanish speaking HazMat Employees every three years (49 CFR 172, Subpart H).

The DOT Chart 14, both English and Spanish, is available from the following sources:

  • Download and print a color copy from the PHMSA website for free (English or Spanish),
  • Purchase a copy from a commercial supplier, or;
  • Purchase a copy directly from the PHMSA for much less than you’ll spend at a commercial supplier.

I have used the DOT Chart 14 as a part of my HazMat Employee training for years, going back to when it used to be known as the DOT Chart 12 and was produced by the Research and Special Programs Administration (RSPA), precursor to the PHMSA.  I strongly recommend its use to assist you in complying with the Hazardous Material Regulations at your facility.

The Seven Kinds of Training Providers

If you’ve been through some type of regulatory training, it’s likely you’ve seen one or more of these…

  1. “The Professor” – A dry, technical presentation; packed with information, but assuming a higher level of regulatory awareness than that of the average EHS professional.  Way too much information on obscure regulations that don’t apply to your operations.
  2. “The Showman” – Energetic, a multi-media, caffeinated presentation that keeps you interested, “What goofy image is going to be on the next slide?” but lacking in substance.  No explanation of how the regulations work or how they apply to you.
  3. “The Mouth Piece” – Presenting someone else’s material.  The content is solid, but the presenter, lacking the experience and the knowledge,  is only reading the information to you.  Your follow-up questions are not answered satisfactorily.
  4. “The Corporation” – The training providers whose names you would recognize if I had the courage to list them here.  Great marketing materials, impressive website, slick operation, but the training; what about the quality of the training?  It comes down to who they hire; if that person doesn’t have the experience, knowledge, and skills, the best website in the world won’t make up for your lost time and money.
  5. “The Freebie” – Sometimes offered by your waste vendor or some other entity not in the business of training.  “There’s no such thing as a free lunch.”, and there’s no such thing as free high quality training.
  6. “The Trainer You Know (aka: Last Year’s Trainer)” – You return to the same training year after year, as if they are the only training provider out there.  I recommend to anyone to vary their training providers, especially for annual training such as US EPA’s Hazardous Waste Personnel.  Even if the training isn’t as good, you at least gain a different perspective on the regulations.  Note to those who have attended my training, disregard #6.
  7. “The Bargain” – Cousin to “The Freebie”, this training is a few dollars cheaper, or doesn’t require an overnight stay, or doesn’t require air travel, so it seems like a deal.  In the end your company saves a few hundred bucks per year on training, but consider:  how much does one fine cost?

When deciding on what training to attend, you should choose the training that best fills your needs, determine if the training…

  • Meets your regulatory requirements.
  • Represents “real world” information.
  • Provides you with tools and guidance information beyond the training content.
  • Entertains and engages you.
  • Answers your questions.

There are many good training providers out there, I think I am one of them.  Please contact me for a free consultation on your training needs if you generate a hazardous waste and/or ship or receive hazardous materials.

Free Stuff from PHMSA for HazMat Employers

“In this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin, 1817.

One benefit of those taxes is the resources provided to you free of charge from government agencies.  One of those agencies, the PHMSA within the US DOT, makes available a wealth of resources on its website meant to assist HazMat Employers to identify and meet their requirements under the Hazardous Material Regulations (HMR).

One of those free resources I wish to share with you is the glossy brochure Does Your HazMat Training Measure Up? You may place a bulk order of these and have them delivered to your door or you can download and print a copy for yourself from the PHMSA website.  I suggest you have a copy of the brochure at hand as I summarize its contents below.

HazMat Employee Training Requirements:

  • The source of the HMR is the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) which requires the training of ALL HazMat Employees.
  • HazMat Employer requirements to train and test its HazMat Employees.
  • The elements that must be included in HazMat training.
  • Training frequency – every three years.
  • Documentation of training.  This must be done exactly as the PHMSA requires.

Key Definitions:

I couldn’t say it better myself, so I won’t.  Read the brochure to confirm the following:

  • Training
  • HazMat Employer
  • HazMat Employee

Frequently Asked Questions:

A few key FAQ’s…

  • Who can conduct HazMat Employee training?
  • What are the requirements for the test?
  • Does an office secretary who completes a shipping paper (includes a hazardous waste manifest) require training?
  • And many more…

Some Very Good Reasons to Ensure Your Training “Measures Up”:

  • “Most transportation incidents involving hazardous materials are the result of human error.”
  • Heightens Employee Safety
  • Precludes Penalties
  • Increase Productivity
  • More…

Where You Can Get More Information:

Contact information for the PHMSA and its HazMat Info-Line

Additional Training Sources:

There is more available from the PHMSA; some for free and others at a reasonable charge.

You may decide that with these resources you can provide the training for your HazMat Employees.  Or, you may feel overwhelmed and determine that you should hire someone *ahem* to provide the training, testing, and record documentation for you.  HazMat Employee training that “Measures Up” is part of what I do.  I also provide the training required by the US EPA for generators of hazardous waste, read more about that training here.

I can provide this very important training in any format or location to suit your needs:

  • On-site training tailored specifically to your facility’s needs.  Contact me to schedule on-site training for only $1,749!
  • Open enrollment training which provides an in-depth overview of all of the regulations in one day.  Review my open enrollment training schedule and register now!
  • Keynote speaker or provide an educational session at your organization’s meeting or annual expo free of charge.  Contact me to discuss this further.

 

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Need to Sign a Uniform Hazardous Waste Manifest? Training is the Answer!

HazMat Employee & RCRA Training

A person who signs the Manifest must receive both HazMat Employee & RCRA training.

From the start I thought it a good idea for my training seminars to combine the requirements of the US DOT for HazMat Employees and the US EPA for facility personnel of hazardous waste generators into one day.  A generator of hazardous waste and a shipper of hazardous materials both engage in many activities regulated by the US EPA and the US DOT respectively.  Many of these activities are regulated solely by one Agency or the other, but some – such as the off-site shipment of hazardous waste – are regulated by both.  A critical step in the transportation of hazardous waste – and one regulated by both the US EPA and the US DOT – is the completion of the Uniform Hazardous Waste Manifest (manifest).  Anyone who has seen a manifest knows it includes a section for the “Generator’s/Offeror’s Certification” where the generator of the hazardous waste or their designee must sign.  A question then:  Does a person who signs a manifest require training as facility personnel of a hazardous waste generator?  As a shipper of hazardous materials?  Both? The answer:  Likely both (RO14687).

The training requirements for hazardous waste generators depends on your generator status (how much hazardous waste you generate) and not on specific activities like whether or not you ship hazardous waste off-site or sign a manifest.  However, if you are required to use a manifest for off-site shipments of hazardous waste it is likely that you are required to have some form of hazardous waste training.  If you don’t know already, take this survey to determine your hazardous waste generator status.  With your status known you can review the applicable regulations pertaining to training:

Not sure of your hazardous waste generator status?

Take this short survey

An LQG must annually train its facility personnel who handle hazardous waste or respond to hazardous waste emergencies.  This training must teach employees to perform their duties in compliance with the applicable regulations and how to respond to an emergency.  An SQG does not have a formal training requirement, but it 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.” While not required by regulation, it is understood that training will play some role in meeting this requirement for an SQG.  A CESQG has no training requirement – and indeed – very little regulatory compliance at all to be concerned with, including the manifest which a CESQG need not use.  You may read more about the hazardous waste generator training requirements here.

Photo of hazardous waste containers in a trailer

Containers of hazardous wastes prepared for off-site transportation.

The training requirements of the US DOT are not tiered as they are for hazardous waste generators under US EPA.  Nor is the need for training based on a threshold amount of material processed/generated.  Instead the need for training is determined by whether or not the activities engaged in meet the definition of a HazMat Employee which then require training.  A person who signs a manifest, and anyone else involved in the off-site shipment of hazardous waste, is a HazMat Employee as defined by US DOT. Pursuant to 49 CFR 172, Subpart H, a HazMat Employee must be trained and tested triennially on the following:

  • General Awareness/Familiarization
  • Function Specific
  • Emergency Response/Safety
  • Security General Awareness
  • In-Depth Security (if applicable)

Read this article for more information about the HazMat Employee training requirements.

The Uniform Hazardous Waste Manifest is a document created to meet the regulatory requirements of both the US EPA (and authorized state hazardous waste programs) and the US DOT.  As such any person involved with the completion, review, or signing of the manifest is subject to the training requirements of both the US EPA and the US DOT.  Any person involved with the off-site shipment of hazardous waste requires the training as well.  It has been my experience that even if not required by regulation, every manufacturer benefits from high quality training on the proper identification, handling, and disposal of hazardous waste and hazardous materials.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/

Contact me to schedule your training.

Or, register now for one of my

HazMat Employee and RCRA Training Seminars near you

Hazardous Waste Personnel Training

No matter the job, most professionals agree that good training is an effective way to communicate the proper procedure to perform a task.  If you generate any hazardous waste at all, you should have a method to communicate the appropriate information to affected employees; training may be the method you use.  Depending on the amount of hazardous waste you generate – take this survey to determine your generator status – you may be required to provide training of a specific format at a set frequency in order to maintain compliance.

  • A Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste is not required by regulation to conduct any training for its facility personnel, though awareness of the applicable regulations and safe work practices is a good idea.
  • A Small Quantity Generator (SQG) of hazardous waste is required to “ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies” [40 CFR 262.34(d)(5)(iii)].  While it does not explicitly require formal training, completion of some form of documented training of your employees is recommended to ensure compliance.
  • A Large Quantity Generator (LQG) of hazardous waste must provide and document annual training for facility personnel as required by 40 CFR 265.16.

“But wait a minute”, you say; 40 CFR 265.16 –indeed all of 40 CFR 265 – is written for owners of hazardous waste Treatment Storage and Disposal Facilities (TSDF’s) and doesn’t apply to a generator of hazardous waste like me.  True, but the regulations for LQG’s found at 40 CFR 262.34(a)(4) mandate compliance with 40 CFR 265.16.  As an LQG you therefore have the same training requirement for your facility personnel as a TSDF.

Those who must receive training i.e., facility personnel are defined 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” (40 CFR 260.10).  In other words, any employee – including temps, contractors, part or full-time, consultants, off-site managers, and others – whose lack of knowledge about the hazardous waste regulations could result in a violation of same must receive training.

One exception is employees who work only with hazardous waste in a satellite accumulation area (SAA).  This is because the regulations for SAA’s at 40 CFR 262.34(c)(1)(i) do not include a reference to the training requirements of 40 CFR 265.16 or any other.

It is up to you as the generator to determine the content of your training, US EPA only provides two performance standards:  the training must teach facility personnel…

  • “…to perform their duties in a way that ensures the facility’s compliance with the requirements of this part.”  And;
  • “…hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.”

So, you must identify what RCRA regulations are applicable to your facility and then instruct employees on what they must do to maintain compliance.  Training must also include procedures your facility has developed to manage its hazardous waste.

US EPA is clearer about what it expects the training to include regarding emergency response:  “At a minimum, the 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, including where applicable:

  • Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
  • Key parameters for automatic waste feed cut-off systems;
  • Communications or alarm systems;
  • Response to fires or explosions;
  • Response to ground-water contamination incidents; and
  • Shutdown of operations.

Speaking of emergency response training, you may use this opportunity to meet other regulatory requirements, such as:

  • The Occupational Health and Safety Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200).
  • The OSHA Hazardous Waste Operations Standard or HAZWOPER (29 CFR 1910.120).
  • The Pipeline and Hazardous Materials Safety Administration (PHMSA) of the US DOT requires safety and emergency response training for HazMat Employees [49 CFR 172.704(a)(3)].

However, please note that these are the distinct training requirements of different agencies.  While it may be possible to combine them into one session, the responsibility to ensure all of the individual regulations are met is yours alone.

Some other useful information about RCRA facility personnel training:

  • An annual review of the initial training is required.  Read a US EPA interpretation letter for a more nuanced understanding of this requirement (RO 14286).
  • It may be classroom instruction or on-the-job training.
  • No duration for the training is set; it must take as long as necessary to convey the applicable information.
  • The training program must be directed by a person who has received training per the requirements of 40 CFR 265.16.
  • The requirement to properly document the training should be read carefully as it is very specific [40 CFR 265.16(d)].
  • Employees must be trained within 6 months of employment or new job assignment.

If you are an LQG, annual RCRA training is required for your facility personnel.  As noted just above, the person responsible for directing the training program must receive annual training as well.  Anyone who prepares a hazardous waste for off-site shipment or signs a manifest must also have the triennial HazMat Employee training required by PHMSA at 49 CFR 172, Subpart H.  My training – either open enrollment, or on-site – fulfills both of these training requirements in one day. I travel all over the country all year round, so check out my schedule to find a date and location convenient to you.  Or, contact me to schedule on-site training where I can train all of your HazMat Employees and facility personnel for one flat fee.