DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Amendments adopted by the Solid and Hazardous Waste Commission on February 19, 2008:

Training Requirements for Small Quantity Generators

1) Revise paragraph (d)(5)(iii) of Section 262.34 to read as follows: 

§ 262.34  Accumulation Time.

****
(d)  
(5)  The generator complies with the following requirements:
(i)   *****
(ii)  *****
(iii)  The generator must ensure that all employees are provided with hazardous waste training, including proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies. Training shall be provided in a way that ensures compliance with the requirements of this Part 262.  Documentation that this training has been provided shall be retained on-site for all current employees.
* * * * * 

2) Add Section 8.66 {Statement of Basis and Purpose for the Rulemaking Hearing of February 19, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2008

8.66 	Basis and Purpose.

This amendment to 6 CCR 1007-3, Part 262 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 262.34(d)(5)(iii): Training Requirements for Small Quantity Generators

Section 262.34 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time by revising the current language of paragraph (d)(5)(iii) to require documentation of training for small quantity generators (“SQGs”) of hazardous waste, and to make the training requirement for SQGs performance-based, as is the case for large quantity generators of hazardous waste.

Pursuant to the existing training requirements of 6 CCR 1007-3, Section 262.34(d)(5)(iii), a hazardous waste 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.  A SQG of hazardous waste is currently not required to maintain records of training. The definition of “thoroughly familiar” is subject to interpretation, and without documentation of training, it is not always apparent that adequate training has been provided to facility personnel.

The purpose of this amendment is to clarify the training requirements applicable to a SQG of hazardous waste. Although this amendment will add some additional recordkeeping requirements for the SQG, clarifying the SQG training requirements should make compliance with the regulations easier for the generator, and will simplify verification of the generator’s compliance with the training requirements by the Division.

The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule.  The Commission finds that this rule is necessary to protect public health and the environment.