(1.7.16) Sometimes it doesn’t take much of a question to get my attention:
Training required to sign shipping manifest for SQG.
My reply that same day:
If your question is if training is required for employees of an SQG who sign the hazardous waste manifest, I will try to answer that below.
An SQG has a limited training requirement under the EPA regulations (your state may differ). An SQG must ensure that employees are thoroughly familiar with how to handle hazardous waste and how to respond in an emergency. You can read more about SQG training requirements in my article: RCRA Training for Small Quantity Generators of Hazardous Waste.
The person who signs a shipping paper for a hazardous material or a hazardous waste manifest must receive initial and triennial training as required by the USDOT. You can read here more about HazMat Employee training.
And that was it. Haven’t heard from him since. I’d like to hear from you though, if you have a question about the transportation of hazardous materials or the management of waste (hazardous, universal, non-hazardous, & used oil).
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.
If you are a Small Quantity Generator (SQG) of hazardous waste, you may be aware of the regulations at 40 CFR 262.34(d)(4) that require you – along with large quantity generators and treatment storage and disposal facilities – to comply with the Emergency Preparedness and Prevention regulations of 40 CFR 265, Subpart C. You may not be aware of the requirements of 40 CFR 262.34(d)(5) for emergency procedures which apply solely to SQGs. These regulations are sometimes referred to as an SQG’s “Basic Plan”. They include the following:
At all times there must be at least one employee either on the premises or on call (i.e.,available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This employee is the emergency coordinator.
§262.34(d)(5)(iii) requires an SQG 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”. This is typically interpreted to mean some kind of training.
The following information must be posted next to any telephone that may be used in a hazardous waste fire, spill, or emergency:
The name and telephone number of the emergency coordinator;
Location of fire extinguishers and spill control material, and, if present, fire alarm; and
The telephone number of the fire department, unless the facility has a direct alarm.
§262.34(d)(5)(iv) goes on to specify the applicable responses for an SQGs emergency coordinator in the event of a fire, spill, or an event that could threaten human health outside the facility or a spill that has reached surface water:
Fire: Call the fire department or attempt to extinguish it using a fire extinguisher.
Spill: Contain the flow as much as possible and, as soon as practicable, clean up the waste and any contaminated materials or soil.
Threaten human health outside the facility or spill to surface waters: Immediately notify the National Response Center (800.424.8802) and report the following information:
The name, address, and U.S. EPA Identification Number of the generator;
Date, time, and type of incident (e.g., spill or fire);
Quantity and type of hazardous waste involved in the incident;
Extent of injuries, if any; and
Estimated quantity and disposition of recovered materials, if any.
Being a Small Quantity Generator of hazardous waste does not relieve you entirely of the burden of regulatory compliance. Make certain that you are in compliance with all the regulations applicable to SQGs.
Q: Does any of this have to be contained within a document such as a Basic Plan?
A: No. Though the term Basic Plan is sometimes used when referring to these regulations, there is no requirement in the USEPA regulations to contain this information in a plan or any other document. Some states, however, may have more strict regulations and may require a plan or some other similar document in addition to these federal regulations.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
