Environmental Rernediation Systems, Inc. — Hazardous Materials Safety Interpretation

Page 1• or sportion 400 Seventh St., S.W. Research and Washington, D.C. 20590 pecial Program: dministratior MAY 2 1 2003 Mr. Danny R. Hubbard II Ref. No.: 03-0048 Environmental Remediation Systems, Inc. P.O. Box 81905 Lafayette, Louisiana 70598 Dear Mr. Hubbard: This responds to your letter requesting interpretation of this Office's "position on measures for adequate training." You inquired whether adequate training can be accomplished in eight hours or two days, and by purchase of a CD and literature be a self taught individual, who would then teach his/her employees? The Research and Special Programs Administration (RSPA), the agency in the Department responsible for promulgating the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), intentionally made the requirements for training in Subpart H of Part 172 as broad and objective as is practicable to accommodate training programs and materials used in both the public and private sectors. This approach provided the necessary latitude to both sectors for the development of effective training programs and/or materials. It is RSPA's position that responsible hazmat employers, either individually or through industry associations, are better able to determine the training needs of their employees. The responsibility for ensuring that the level of training is adequate and appropriate for each hazmat employee is that of the employer; therefore, no attempt has been made to specify the level and duration of training or testing. While responsibility for providing training remains with the employer, the required training can be provided by company training programs, self-guided CD training programs, outside training firms or consultants, Federal or State agencies, colleges and universities, or any other type of organization offering training that meets the objective training requirements. This Office does not review or certify training programs for pre-approval purposes. I hope this satisfies your inquiry Sincerely, man Abillio Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 172,704 030048#

Page 2Engrum 3172.704 Environmental Anyone Loan Ta n0048 PO Box 81905 Remediation (800) 259-0075 (800) 820-3998 Systems, Inc. dannyhubbard@cox-internet.com 4 January, 2003 U.S. Department of Transportation Research and Special Programs Administration Office of the Chief Counsel Attn: Office of Hazardous Materials Safety and Research and Technology Law 2003 FEB -+ 400 7th St., S.W. Washington, DC 20590 DOT/RSPA CEIVED HIEF COUNSE Sir or Madam: "More than one-third of the Department's enforcement actions pertaining to violations of the hazardous materials transportation regulations involve the failure of hazmat employers to provide training or maintain test records. In most cases violations are attributed to failure to provide function specific training (DOT AR-7/98)". I believe that However, I also believe that the content of the HMR does not support the endeavor to statement to be as true today as when it was first written and published by your office. insure hazmat employees are properly trained. If so there wouldn't be such a broad array of programs advertised by consulting and training organizations to train an employee in as little as 8 hours. In 1998, while serving in the US Army, I attended formal training dubbed "The Technical Transportation of Hazardous Materials" weeks of on the job training, and three weeks of classroom instruction. In this course ". It was a five week course consisting of two and numerous industry carrier regulations, with two of those classroom weeks my classmates and I combed through the 49 CFR, ERG, IATA, ICAO, IMDG, AFJAN, dedicated to the 49 CFR and ERG. After attendance of that course and after certifying over 5000 thousand hazardous materials shipments I can honestly say that those five weeks of training were absolutely necessary to insure preparation to properly handle, classify, package, mark, label, and certify shipments. I have since viewed those 8 hour state as a hazmat professional that they are inadequate. But however inadequate they training CD's and web based training programs and attended two day courses, and can are, they're in a large sense supported by the HMR. To that end, ERS Inc. is requesting interpretation by means of formal written reply from your office in determining the Department of Transportations' Office of Hazardous Materials Safety position on measures for adequate training.#

Page 3Specifically; 1. Is it the position of your office that adequate training can be accomplished in eight hours or even two days? 2. Is it the position of your office that adequate training can be accomplished by the purchase of a CD and literature and be self taught? 3. Is it the position of your office that adequate training can be accomplished by said self taught individual then teaching his/her employee's? response at your earliest convenience. Direct response to these questions would be most appreciated. I look forward to Respectfully; Danny R. Hubbard I| Chief Consultant ERS, inc. DISTRIBUTION: 1. 1 original - Forwarded to addressee 2. 1 copy - Retained for records 3. 1 copy - Corporate files 4. 1 original - Legal#