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.
Statement of Basis and Purpose - Rulemaking Hearing of February 19, 2008
6 CCR 1007-3-8.66