The Federal regulations of the U.S. Environmental Protection Agency (USEPA) and those of your state, if it has an authorized hazardous waste program, frequently use the word “person”. e.g., “a generator is any person…”, or “Persons who own or operate facilities…” It is therefore important to understand how USEPA defines the word person when used in its hazardous waste regulations. (more…)
In its Hazardous Materials Regulations (HMR), the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) frequently uses the word “person”. e.g., “person who offers or offeror” or “each person who imports…” But don’t think how you understand the word is how USDOT/PHMSA defines and regulates it. (more…)
It might seem simple, but then again, nothing is simple with the Feds (US EPA and US DOT). Consequently their definition – yes, it’s defined in the regulations – of a “person” doesn’t align with the standard English definition. It’s important to know the regulatory definition, however, since it’s used to determine responsibility for compliance with the respective regulations.
The US Department of Transportation definition at at 49 CFR 171.8:
Person means an individual, corporation, company, association, firm, partnership, society, joint stock company; or a government, Indian Tribe, or authority of a government or Tribe, that offers a hazardous material for transportation in commerce, transports a hazardous material to support a commercial enterprise, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. This term does not include the United States Postal Service or, for purposes of 49 U.S.C. 5123 and 5124, a Department, agency, or instrumentality of the government.
The US Environmental Protection Agency definition at 40 CFR 260.10:
Person means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
In both cases the word may refer to an individual or to a business or government entity that person represents. Unless you’re the United States Postal Service and engaged in the transportation of hazardous materials the definition of a “person” according to the US DOT or the US EPA will apply to you.
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So, you and the company/government that employs you are a “person”. Your next step is to determine your regulatory responsibility: Are you a HazMat Employer? Do you generate a hazardous waste? What is your hazardous waste generator status? Have you trained your HazMat Employees and your Facility Personnel? I can assist you with the training which in turn will help all the rest to become clear. Please contact me for a free training consultation.