In case you haven’t heard, the transportation in commerce of lithium batteries of all types – and of almost all sizes – is subject to the regulations of several regulatory agencies depending on how it is to be transported.

• Transportation to, from, or through the U.S. (including its overseas territories and states) is subject to the Hazardous Material Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT).
• Transportation by air anywhere in the world (including to, from, or through the U.S.) will likely be subject to the Dangerous Goods Regulations of the International Air Transport Association (IATA).
• Transportation by vessel in international waters (which may include U.S. territorial waters if so chosen by the shipper) will be subject to the International Maritime Dangerous Goods Code (IMDG Code) of the International Maritime Organization (IMO).
• Even the United States Postal Service (USPS) has regulations for the transportation of lithium batteries.

There is not enough space here to document all of the requirements of all of these regulations for all of the possible modes of transportation.  In an earlier article I provided information to assist you with the process of the classification of a lithium battery for transportation; the information in that article pertained to all modes of transportation.  In this article I will explain just one small – though critical – requirement of the regulations for the transportation in commerce of lithium batteries by air:  The responsibility of the employer to provide training for persons involved in the transportation of lithium batteries.

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The Hazardous Material Regulations of the PHMSA/USDOT at 49 CFR 172.704(a)(4) mandate Security Awareness Training be provided to all HazMat Employees with their initial and triennial HazMat Employee Training.  This training should provide an awareness of security risks associated with HazMat transportation and methods designed to enhance transportation security. It must also include a component covering how to recognize and respond to possible security threats.  The purpose of this article is to provide suggested content for Security Awareness Training for HazMat Employees who operate a motor vehicle over a public roadway. (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).

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.

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.

As always, please don’t hesitate to contact me with your questions about RCRA training for small quantity generators of hazardous waste.

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…)

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

• Improper management of hazardous waste containers on site;
• Failure to provide a sufficient base beneath containers which held hazardous waste;
• Failure to make a hazardous waste determination;
• Failure to inspect all areas where hazardous waste containers are stored weekly;
• Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
• Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.