December 18, 2017

Job Functions That Trigger RCRA Training

The RCRA regulations at §262.17(a)(7) for large quantity generators (LQGs) and §§264/265.16 for TSD facilities require that “facility personnel” receive annual RCRA training. That term is further defined in §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….” Although that definition is fairly broad, EPA recently provided more specificity on what job functions trigger this training requirement. In the preamble to the November 28, 2016 generator improvements rule, the agency noted that the following areas of hazardous waste management should trigger RCRA training:

Completing and/or signing hazardous waste manifests;
Managing hazardous waste in areas where they are accumulated;
Maintaining hazardous waste inventories;
Conducting daily or weekly inspections of hazardous waste accumulation areas; and
Planning or responding to emergencies that involve hazardous waste. [81 FR 85797]

Although the guidance was specifically about LQGs, it may also provide some useful information to small quantity generators (SQGs). The training requirements for SQGs at §262.16(b)(9)(iii) are less prescriptive, but still focus on an employee’s job “responsibilities during normal facility operations and emergencies.” Thus, these types of job functions may help SQGs determine who should receive annual training.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.