3 Tips for RCRA Compliance to Finish 2024 Strong

As the year comes to a close, you may be trying to increase production to hit your 2024 goals by hiring contractors to increase your workforce temporarily or hire new permanent employees to keep those increased production levels up heading into 2025.

More activity at your site creates the potential for some common violations of hazardous materials and hazardous waste regulations.

Keep these tips in mind to help keep your site in compliance and finish 2024 strong.

Tip 1: Increased Production is NOT an “Episodic Event”

Many States have adopted the rules for “Episodic Generation” that allow a Very Small Quantity Generator (VSQG) or Small Quantity Generator (SQG) to maintain their generator status when there are certain planned or unplanned events that increase the quantity of hazardous waste generated at a site.

Know that that an increase of hazardous waste generation due to increased rate of production is not a qualifying “episodic event.” The additional waste generated during this time must be counted toward your generator status and changing your generator status will change training (and other) requirements at your site.

Tip 2: You are Responsible for Your Contractors

When contractors shove off for the holidays, they might leave waste behind. If that waste is hazardous, it must be counted toward your generator status.

Outside contractors (e.g., construction workers, painters, repair people, etc.) are notorious for three bad habits that cause regulatory noncompliance for facilities subject to RCRA.

1. Abandoning partially used products and chemicals.
2. Leaving paint cans and pails open so the residue or leftover paint can volatilize to solidify.
3. Tossing partially filled aerosol cans in the trash.

Depending on the nature of these materials, these may be RCRA violations. This might be a good time to develop an SOP for overseeing contractor activities.

Tip 3: New Hires Need Training

As you hire new employees to keep pace with increased demand, stay conscious of the training requirements for new “hazardous waste personnel” and “hazmat employees” under the RCRA regulations and the HMR.

You cannot set new hires loose to do their jobs right away:

Hazardous Waste Storage

At large quantity generator sites, training is required within 6 months of hiring an employee. Small quantity generators must ensure that all employees are “thoroughly familiar” with proper waste handling and emergency procedures relevant to their responsibilities.

[40 CFR 262.16 and .17] [RCRA Training FAQ]

There are two important takeaways for small quantity generators.

1. You can get penalized twice for a mistake made by one of your employees. First for the mistake, and second for not being “thoroughly familiar” with relevant regulations.
2. The regulations for SQGs do not say “within 6 months of hiring”—the regulations state only that “all employees” must be “thoroughly familiar,” so you must ensure that your new employees are trained to perform their duties correctly before they get started.

Hazardous Materials Shipping

US DOT requires initial training within 90 days of hire date or job assignment for “hazmat employees.” Recurrent training (re-training) is required at least once every three years.

[49 CFR 172.704(a)] [Hazmat Training FAQ]

New employees who will be involved in the storage, handling, management, or transportation of hazardous materials or waste must work under immediate supervision of a trained employee until they themselves have been trained.

Lion’s Winter 2024 Training Schedule

As a leader in EH&S training since 1977, Lion has answered just about any question about hazmat, hazardous waste, and health & safety training that you can imagine.

Check out our workshop and webinar schedules to get training before the end of the year, or contact us and we’ll bring the training to you—on-site or with a private webinar.

Tags: hazardous waste management, RCRA