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Faxback 11779


United States Environmental Protection Agency
Washington, D.C. 20460
Office of Solid Waste and Emergency Response

October 7, 1993

Mr. Mark Bell
1001 Fannin Street
Suite 2050
Houston, Texas 77002-6778

Mr. Mark Bell:

Thank you for your letter of February 3, 1993, in which you
requested clarification on the amount, type, and frequency of
hazardous waste training for persons working in and around
facilities where hazardous waste is handled. We apologize for the
delay in our response.

The type of information you request is best provided based on
a site-specific assessment of each situation. This assessment can
be made by the authorized State agency (or, if the State is not
authorized, the EPA Regional office) that implements the hazardous
waste program in the State in which the facility is located. Also
note that under Section 3009 of RCRA (42 U.S.C. Section 6929),
States retain authority to promulgate regulatory requirements that
are more stringent than federal regulatory requirements.

In general, EPA requires generators of more than 1,000
kilograms per month (kg/mo) of hazardous waste (or more than 1
kg/mo of acutely hazardous waste) who accumulate waste on site, to
comply with the same personnel training requirements as treatment,
storage, and disposal facilities (40 CFR 262.34 and 265.16). The
generator's 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..." (40 CFR 265.16(a)(2)).

These requirements are intended to ensure that personnel are
adequately prepared to properly handle the types of hazardous
wastes that are managed at the facility and to respond to any
emergencies that are likely to arise.

The regulations at 40 CFR part 262, 264 and 265, do not
specifically address some of the scenarios you present. We have
provided information from Federal Register preamble discussions and
EPA guidance documents listed below to assist you in developing
appropriate training programs. We recommend however, that
determinations on information such as this be obtained from your
State (or appropriate Regional office).

Additional information on personnel training for persons who
work with hazardous waste can be found in:

RCRA Personnel Training Guidance Manual, U.S. EPA,
September 1980, EPA FW-915. Order from: National
Technical Information Service (703)487-4650, Order number
PB87-193 348. Cost: $27.00.

Permit Applicant's Guidance Manual For the General
Facility Standards of 40 CFR 264, U.S. EPA, September
1980, EPA FW 915. Order from: National Technical
Information Service (703)487-4650, Order number PB87-151
064. Cost: $44.50.

You also may find the following Federal Register notice
preamble discussions to be helpful:

49 FR 49570 December 20, 1984;
51 FR 10164 March 24, 1986; and,
45 FR 33182 May 19, 1980.

Generally, 40 CFR Part 262.34(d)(5)(iii) provides that "The
generator must ensure that all employees are thoroughly familiar
with proper waste handling and emergency procedures, relevant to
their responsibilities during normal facility operation and
emergencies." Thus, if a person is handling hazardous waste, he or
she should have had training in proper waste handling and emergency
procedures appropriate to the types of waste handled, the
management methods used, and the hazards presented by the waste
type and waste management method. In addition "there must be at
least one employee either on the premises or on call...with the
responsibility for coordinating all emergency response measures..."
(40 CFR 262.34(d)(5)(i)). This may apply when wastes are taken from
a satellite accumulation area to a 90-day storage area and to
persons who will be responsible for managing the waste (e.g.,
persons managing wastes in drums and tanks.)

If you have further questions about training needs, contact
your authorized State agency (or, if the State is not authorized,
the EPA Regional office) that implements the hazardous waste
program in the State in which the facility is located. If you have
questions about this letter, contact Ann Codrington of my staff at
(202) 260-8551.

Jeffrey D. Denit
Acting Director,
Office of Solid Waste