1. Where is the regulatory citation that requires this training?: 49 CFR 172 Subpart H details the type and frequency of training required. A description of the training requirements from the PHMSA website can be found here.
2. What is the intent of the training requirement?: The intent is to reduce the potential for hazardous material incidents in transportation which might threaten human health or the environment by ensuring that HazMat Employees are thoroughly familiar with their duties and responsibilities and emergency response procedures.
3. What is a HazMat Employee?: A HazMat Employee is defined at 49 CFR 171.8 as someone employed by a HazMat Employer who in the course of employment directly affects hazardous materials transportation safety. This includes persons who load or unload hazardous materials from vehicles, transport hazardous materials over public roadways, prepare or sign shipping papers for hazardous material shipments, and those with direct management oversight of any of the above.
4. What is a HazMat Employer?: A HazMat Employer is defined at 49 CFR 171.8 as a person who is self-employed or who employs or uses at least one HazMat Employee on a full-time part time or temporarty basis and who transports or causes hazardous materials to be transported in commerce or is involved in the design, manufacture, or reconditioning of hazardous material packaging. It includes all deparments, agencies and instrumentalities of Federal and State governments.
5. What is a hazardous material?: A hazardous material is defined at 49 CFR 171.8 as a substance or material capable of posing an unreasonable risk to health, safety, or property when transported in commerce. The full lists of DOT's hazardous materials can be found at 49 CFR 172.101. A DOT hazardous material includes hazardous waste as defined by EPA.
6. How often is training required?: Initial training of a HazMat Employee is required within 90 days of employment or change in job duties. Full recurrent training (not just a review of initial training) is required every three years. Re-training is also required if the regulations applicable to a HazMat Employee have changed. Annual training is a good way to stay informed of the constantly changing HazMat regulations. In-Depth Security Training must be provided every three years or within 90 days whenever the Security Plan is updated.
(1) General awareness/familiarization training.
(2) Function-specific training.
(3) Safety training, including:
(i) Emergency response information required by subpart G of part 172;
(ii) Measures to protect the employee from the hazards associated with hazardous materials to which they may be exposed in the work place, including specific measures the hazmat employer has implemented to protect employees from exposure; and
(iii) Methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials.
(4) Security awareness training.
(5) In-depth security training (if applicable).
8. Who is responsible to ensure that all HazMat Employees receive training?: Pursuant to 49 CFR 172.702, the HazMat Employer is responsible for ensuring that each of its HazMat Employees is trained and tested in accordance with the regulations. While final responsibility remains with the employer, Daniels Training Services provides you with all the necessary documentation to ensure compliance with this regulation.
9. Who can complete the training of HazMat Employees?: Training may be provided by the HazMat Employer or other public or private sources. It is not required to be completed by a ‘certified’ instructor. However, it is of great value to have an experienced instructor who can answer questions and provide guidance.
- Introduction to DOT & PHMSA
- DOT’s training requirements
- Use of Hazardous Materials Table
- Hazard communication methods
- shipping papers
- Use of the Emergency Response Guidebook
- Affect of hazard communication methods on workplace safety
- Recent changes to DOT Security applicability regulations
- Security General Awareness
- In-Depth Security training
- Recent changes to DOT Security Plan requirements
Click here for an outline of the HazMat Employee training.
11. Does ICAO and IMDG training fulfill the DOT HazMat Employee training requirements?: The International Civil Aviation Organization (ICAO) Technical Instructions and the International Maritime Dangerous Goods (IMDG) Code training requirements may meet the DOT training requirements for function-specific training only. It does not meet the remaining DOT HazMat Employee training requirements.
12. Does training required by OSHA and/or EPA fulfill the DOT Hazmat Employee training requirements?: Training used to fulfill regulatory requirements of other agencies may be used to fulfill the DOT HazMat Employee training requirements as long as the training addresses the components specified in 49 CFR 172.704(a).
13. What is the PHMSA?: The Pipeline and Hazardous Material Safety Administration (PHMSA) is one of many administrations within the US Department of Transportation. PHMSA is responsible for ensuring the safe and secure movement of hazardous materials by all modes of transportation; it therefore has overlapping authority with other adminstrations and bureaus within the US DOT such as: Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), Federal Motor Carrier Safety Administration (FMCSA), and others. Its authority may also overlap with the US Coast Guard.
14. What is a Large Bulk Quantity?: As used in 49 CFR 172.800(b), “large bulk quantity” refers to a quantity greater than 3,000 kg (6,614 pounds) for solids or 3,000 liters (792 gallons) for liquids and gases in a single packaging such as a cargo tank motor vehicle, portable tank, tank car, or other bulk container.
15. Who is a Carrier?: As defined at 49 CFR 171.8, a Carrier means a person who transports passengers or property in commerce by rail car, aircraft, motor vehicle, or vessel. Notice the definition is not limited to the transportation of hazardous materials. A Carrier may transport either hazardous or non-hazardous materials or both.
16. Who is a Shipper?: Interestingly, a Shipper is not defined at 49 CFR 171.8 despite the fact that it is used throughout the Hazardous Materials Regulations. 49 CFR 171.8 defines a Person who Offers or Offeror as:
(1) Any person who does either or both of the following:
(i) Performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce.
(ii) Tenders or makes the hazardous material available to a carrier for transportation in commerce.
(2) A carrier is not an offeror when it performs a function required by this subchapter as a condition of acceptance of a hazardous material for transportation in commerce (e.g. reviewing shipping papers, examining packages to ensure that they are in conformance with this subchapter, or preparing shipping documnetation for its own use) or when it transfers a hazardous material to another carrier for continued transportation in commerce without performing a pre-transportation function.
A PHMSA letter of interpretation (05-0188) clarifies the relationship between Offeror and Shipper as: "When the word 'shipper' is used, such as in the title of Part 173 - 'Shippers-General Requirements for Shipments and Packagings' - that word refers to a person who prepares a shipment for transportation." This interpretation directs us back to the definition of an Offeror found in 49 CFR 171.8.
17. What is a Bulk Packaging?: 49 CFR 171.8 defines a bulk packaging as a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has:
(1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;
(2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or
(3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in §173.115 of this subchapter.
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1. What is RCRA?: The Resource Conservation and Recovery Act, passed by Congress in 1976 is the source of hazardous waste regulations codified in Section 40 of the Code of Federal Regulations (CFR) parts 260-279.
2. Where is the regulatory citation that requires this training?: The regulatory citation is not clear, however, EPA and state agencies are clear that it is required. 40 CFR 262.34(a)(4) explains how a Large Quantity Generator (LQG) of hazardous waste can accumulate waste on-site for up to 90 days without a permit by referencing the requirements of permitted facilities in 40 CFR 265.16 which details the training requirements. If you are an LQG, applicable personnel at your facility require this training.
3. What is the intent of the training requirement?: The intent is to reduce the potential for mistakes which might threaten human health or the environment by insuring that facility personnel working in jobs where they handle hazardous waste will be thoroughly familiar with their duties and responsibilities and emergency response procedures.
4. Is training required for a Small Quantity Generator (SQG) of hazardous waste?: SQG’s are not subject to the specific training requirements of 40 CFR 262.34(a)(4) or 265.16. However, per 40 CFR 262.34(d)(5)(iii), an SQG is required to "ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities". A minimum of an annual update is a good means to ensure your employees are “thoroughly familiar” with their responsibilities.
5. Who must receive this training?: Persons working on-site at a LQG of hazardous waste who handle hazardous waste as part of their job (i.e. ‘RCRA Personnel’ or ‘Hazardous Waste Personnel’). It may include part-time or temporary workers, contractors, consultants, and off-site managers.
6. Who are "Facility Personnel"?: 40 CFR 265.16 refers only to "Facility Personnel", by consensus within the industry employees who require this training are referred to variously as: "Hazardous Waste Personnel" or "RCRA Personnel". Thus, the training is sometimes referred to by different titles: "RCRA Training", "EPA Hazardous Waste Training", "Hazardous Waste Personnel Training", etc. While the name may be confusing, the Federal regulations are not. 40 CFR 265.16 requires annual training of all facility personnel of a Large Quantity Generator of hazardous waste whose job brings them into contact with hazardous waste or a hazardous waste emergency. Small Quantity Generators have a training requirement as well. Hazardous waste in satellite accumulation areas are not subject to the training requirement.
7. What is a Large Quantity Generator of hazardous waste?: The term is not defined in the applicable regulations. Instead it is agreed upon by consensus within the industry and regulatory agencies to represent a Generator (i.e. manufacturing or industrial facility) that generates ≥ 1,000 Kg (2,200 lbs) of hazardous waste in any calendar month.
8. What is a Small Quantity Generator of hazardous waste?: A Generator (i.e. manufacturing or industrial facility) that generates ≥ 100 Kg (220 lbs) but <1,000 Kg (2,200 lbs) of hazardous waste in any calendar month.
9. Who is responsible to ensure that applicable personnel - including on-site contractors – receive training?: The generator (i.e. the site where hazardous waste is generated) must insure applicable personnel have been trained in compliance with the regulations.
10. How frequently must applicable personnel be trained?: Applicable personnel must be trained within six (6) months of employment and be supervised by trained personnel in that time. A review of the initial training must be conducted annually.
11. What must the training include?: The scope and type of training is not defined. However, in broad terms, the training must ensure the following: (1) employees who work with hazardous waste are able to perform their duties in compliance with the regulations, and (2) they are able to effectively respond to an emergency situation and are familiar with emergency procedures, emergency equipment, and emergency systems.
12. Who can conduct the training?: The training program must be directed by someone trained in hazardous waste management. Those providing classroom-type training should be experts in the field of hazardous waste management to ensure questions that come up during training are answered correctly.
- Introduction to US EPA
- Introduction to RCRA
- RCRA’s training requirements
- An explanation of the process of waste determination
- Description of hazardous waste generator status and the requirements for each
- Reporting requirements
- Proper use of 8700-12 Form
- Hazardous Waste Contingency Plan
- On-site waste storage and handling
- Weekly inspections
- On-site hazardous waste treatment options
- RCRA air emission standards
- Used oil management
- Universal waste types and management
- Preparation for off-site shipments of hazardous waste
- Treatment Storage and Disposal Facilities (TSDF’s)
- Recycling & Pollution Prevention
- Handling and disposal of miscellaneous wastestreams
- Preparing for Agency inspections
Click here for an outline of the day’s RCRA training.
14. Can the OSHA emergency response training fulfill all my RCRA training requirements?: Training used to fulfill OSHA’s regulatory requirements of 29 CFR 1910.102(p)(8) and 1910.120(q) will fulfill the emergency response training requirements for RCRA Personnel required by 40 CFR 265.16(a)(3). This applies to the emergency response portion of the training only. It does not address all the training requirements of 40 CFR 265.16(A)(1).1. What experience does Daniels Training Services have?
2. What is the advantage to combining training (EPA RCRA and DOT HazMat Employee) in one session?
3. Should I take a web-based course?
4. How can I get the most bang for my buck (i.e. the most product for my training dollar)?
5. What if I have several employees that I wish to have trained?
6. What are my payment options?
7. Do I need to make my own hotel reservations? Are there discounts for attending?
8. What do I need to bring to the workshop?
9. What should I wear?
10. Do you provide lunch?
11. Is it okay to bring my cell phone or pager?
12. What other training services do you provide?
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1. What experience does Daniels Training Services have?: Daniel Stoehr is the Owner and Training Services Provider for Daniels Training Services. He has over twenty years of experience with the EPA RCRA and the DOT HazMat Employee regulations. As an employee of Laidlaw Environmental Services, he was subject to these regulations on a daily basis and received regular training as a HazMat Employee and RCRA Personnel. As an employee of Fehr-Graham and Associates, it was his responsibility to provide consulting and training services on a wide range of subjects to a variety of industrial facilities. Please click here for Daniel Stoehr’s resume.
2. What is the advantage to combining training (RCRA Personnel and DOT HazMat Employee) in one session?: Though separate regulatory requirements from distinct agencies, both share significant overlap in the requirements for on-site handling of hazardous materials/wastes and off-site shipments of same. In many cases, employees who require RCRA Personnel training also require DOT HazMat Employee training. Combining the training reduces time wasted in redundancies and facilitates in-depth understanding of how the regulations interrelate.
3. Should I take a web-based course?: Web-based training is usually less expensive and requires less travel than a public training event. However, I have found that the discussions and interaction between attendees and the trainer and even amongst trainees can be very valuable. I encourage questions and comments at all times during training events and make myself available during breaks and lunch for additional questions.
4. How can I get the most bang for my buck (i.e. the most product for my training dollar)?: Send your facility’s EHS training director and any other employees with management responsibilities that include hazardous waste and/or the shipment of hazardous materials to a one-day training session that provides them with tools and information they can take back to their facility to ensure regulatory compliance and to create a site-specific training program for employees and contractors.
5. What if I have several employees that I wish to have trained?: Daniels Training Services offers discounts for multiple attendees from the same facility. If you have four or more persons that require training, you may wish to consider an on-site training program specific to your facility. Contact us for more information.
6. What are my payment options?: You can pay on-line; mail us a check; provide credit card information by phone, fax, mail or e-mail; or issue a company PO and we will invoice you. The on-line registration option cannot be used if you intend to issue a company PO. In that case, the registration form must be printed and submitted. Please contact us if you have any difficulty in making payment arrangements.
7. Do I need to make my own hotel reservations? Are there discounts for attending?: All travel and lodging arrangements must be made by training attendees. Whenever possible we request discount rates for our customers. Please mention Daniels Training Service when registering. Please contact us if you have any difficulty in making lodging or travel arrangements and we will assist you to the best of our ability.
10. Do you provide lunch?: Lunch and snacks throughout the day are provided as part of your registration fee. Please contact us if you have any dietary restrictions.
12. What other training services do you provide?: Currently I am focusing primarily on providing training services for DOT HazMat Employees (see here for more information) and US EPA Hazardous Waste Personnel (see here for more information). However, I am able to provide training services on the following topics:
- The annual training requirements for Oil Handling Personnel of companies required to have a Spill Prevention Control and Countermeasure Plan as required by the US EPA. See here for more information.
- The annual training requirements for applicable personnel of companies required to have a Storm Water Pollution Prevention permit and plan as required by the US EPA. See here for more information.
- The annual training requirement of the Occupational Health and Safety Administration (OSHA) for employees who contact but do not disturb asbestos. See here for more information.