DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Training Requirements for Small Quantity Generators

1) Section 262.34 is amended by revising paragraph (d)(5)(iii) to read as follows: 

§ 262.34  Accumulation Time.

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(d)  A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 days or less without a permit or without having interim status provided that:
(1)  The quantity of waste accumulated on-site never exceeds 6000 kilograms;
(2)  The generator complies with the requirements of Subpart I of Part 265 of these regulations, except for  § § 265.176 and 265.178;
(3)  The generator complies with the requirements of  § 265.201 in Subpart J of Part 265.
(4)  The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this section, the requirements of Subpart C of Part 265, the requirements of  § 268.7(a)(5); and
(5)  The generator complies with the following requirements:
(i)   At all times there must be at least one employee either on the 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 specified in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator.
(ii)  The generator must post the following information next to the telephone:
(A)  The name and telephone number of the emergency coordinator,
(B)  Location of fire extinguishers and spill control material, and, if present, fire alarm; and
(C)  The telephone number of the fire department, unless the facility has a direct alarm
(iii)  The generator must ensure that all employees are thoroughly familiar with 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 personnel.
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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.