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Chapter 7: Regulatory Training Requirements

Hazardous waste manifesting is regulated jointly between the US Department of Transportation (DOT) and the US Environmental Protection Agency (USEPA) through the NYS DEC. These two federal agencies fully regulate the generation, transportation and treatment, storage and disposal of hazardous wastes.

The US DOT regulations contain training requirements at CFR 49 Part 172.704. Per this regulation the employer is responsible for training, testing, certifying and developing and retaining records of training for their hazmat employees. Specifically, Part 172.704 requires training in general awareness and familiarization, function specific, safety, security awareness and in-depth security. Further, a new hazmat employee or a hazmat employee who changes job functions may not do their job functions prior to training unless the employee performs those functions under the direct supervision of a trained and knowledgeable employee and the training is completed within 90 days. Recurring training is required every three years. Please call the US DOT Hotline at (800) 467-4922 for further information. Information on this training requirement can be found at: www.phmsa.dot.gov/hazmat/training-outreach and www.phmsa.dot.gov/hazmat/training/requirements and in the right hand column in the off-site links section. The document entitled, What You Should Know: A Guide To Developing A Hazardous Materials Training Program (584 KB, PDF) can be found at: www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/
Developing_HMT_Program_Guide.pdf.

Specific training requirements found in NYS DEC's hazardous waste regulations include:

Small Quantity Generator

372.2(a)(8)(iii)('e')('3'):

"the 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;"

Large Quantity Generator

372.2(a)(8)(ii) points to 373-1.1(d)(1)(iii)('c')('5') which states:

"the generator complies with the requirements for personnel training in section 373-3.2 of this Part, for preparedness and prevention in section 373-3.3 and contingency plans and emergency procedures in section 373-3.4, and with 376.1(g)(1)(v)."

LQG and 373-3.2, Personnel Training

At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

  • procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
  • key parameters for automatic waste feed cut-off systems;
  • communication or alarm systems;
  • response to fires or explosions;
  • response to groundwater contamination incidents; and
  • shutdown of operations.

Facility personnel must successfully complete this program within six months after the date of their employment or an assignment to a facility, or to a new position at a facility, whichever is later. Employees must not work in unsupervised positions until they have completed these training requirements.

Facility personnel must take part in an annual review of the initial training.

The owner or operator must maintain the following documents and records at the facility:

  • the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
  • a written job description for each position. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education or other qualifications, and duties of employees assigned to each position;
  • a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position; and
  • records that document that the training or job experience has been given to, and completed by facility personnel.

Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

LQG and 373-3.3, Preparedness and Prevention

Maintenance and operation of facility: Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.

Required equipment: All facilities must be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

  • an internal communications or alarm systems capable of providing immediate emergency instruction (voice or signal) to facility personnel;
  • a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
  • portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
  • water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.

Testing and maintenance of equipment: All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

Access to communications or alarm system: Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency device either directly or through visual or voice contact with another employee, unless such a device is not required. If there is ever just one employee on the premises while the facility is operating, that employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required.

Required aisle space: The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency unless aisle space is not needed for any of these purposes.

Arrangements with local authorities: The owner or operator must attempt to make the following arrangements as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:

  • arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;
  • where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
  • agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
  • arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.

LQG and 373-3.4, Contingency Plans and Emergency Procedures

Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Content of Contingency Plan

The contingency plan must describe the actions facility personnel must in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasure (SPCC) Plan or some other emergency or contingency plan, that plan need only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this Subpart.

The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services.

The plan must list names, addresses, and phone numbers (office and home) of all persons to act as emergency coordinator and this list must be kept up-to-date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.

The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up-to-date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be maintained at the facility and submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

  • applicable regulations are revised;
  • the plan fails in an emergency;
  • the facility changes - in its design, construction, operation, maintenance, or other circumstances - in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
  • the list of emergency coordinators changes; or
  • the list of emergency equipment changes.
Emergency coordinator

At all times, there must be at least one employee either on the facility 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 emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

Emergency procedures

Whenever there is an imminent or actual emergency situation, the emergency coordinator must immediately activate internal facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate State or local agencies with designated response roles if their help is needed.

Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).

If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator's findings must be reported as follows:

  • if the assessment indicates that evacuation of local areas may be advisable, appropriate local authorities must be notified immediately. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and
  • both the Department (using the New York State 24-hour oil and hazardous material spill notification number 800/457-7362), and either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR Part 300) (see 6 NYCRR 370.1(e)), or the National Response Center (using their 24-hour toll free number 800/424-8802) must be notified immediately.

The report must include:

  • name and telephone number of reporter;
  • name and address of facility;
  • time and type of incident (e.g., release, fire);
  • name and quantity of materials(s) involved, to the extent known;
  • the extent of injuries, if any; and
  • the possible hazards to human health, or the environment, outside the facility.

During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.

If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(Note: Unless the owner or operator can demonstrate, in accordance with 6 NYCRR 371.1(d)(3) or (4), that the recovered materials is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of 6 NYCRR Part 372 and Subpart 373-2.)

The emergency coordinator must ensure that, in the affected area(s) of the facility no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed and all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

The owner or operator must notify the commissioner, and appropriate State and local authorities, that the facility is in compliance with the above paragraph before operations are resumed in the affected area(s) of the facility.

The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, a written report on the incident must be submitted to the commissioner. The report must include:

  • name, address, and telephone number of the owner or operator;
  • name, address, and telephone number of the facility;
  • date, time, and type of incident (e.g., fire, explosion);
  • name and quantity of material(s) involved;the extent of injuries, if any;
  • an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
  • estimated quantity and disposition of recovered material that resulted from the incident.

TSDF 373-2.2(h)(1)(i):

"Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Part."

TSDF And 373-2.2(h)(2):

"Facility personnel must successfully complete the program required in subdivision (1) of this section within six months after the effective date of these regulations or six months after the date of their employment or an assignment to a facility, whichever is later. Employees hired after the effective date of these regulations must not work in unsupervised positions until they have completed the training requirements of paragraph (1) of this subdivision."

TSDF And 373-2.2(h)(3):

"Facility personnel must take part in an annual review of the initial training required in paragraph (1) of this subdivision."

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