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RECEIVED Item # 111—CCR 66265.16(d) Failed to maintain complete personnel training records. FEB 16 2016 December 2015 Response ENVIRONMENTAL HEAlTp ncpAR7 V11:niT The report cites the facility for failing to have (i) on-site records of the training for the person providing the training; and (ii) a complete list of the training required for both introductory and continuing training for each position that involves hazardous waste management. Tesoro is unaware of any requirement that the Stockton facility have an on-site record of the training of the person providing the training. Consistent with CCR 66265.16(a)(2), Tesoro's training is conducted by a person trained in hazardous waste management procedures. Tesoro disputes classification of this violation as a Class II. Tesoro maintains that there is no violation. With respect to the written description of the type and amount of training required for each person involved in hazardous waste management, during the inspection, Tesoro provided a copy of the requirements for the Terminal Operator. The example provided was for Paul Bruss. Similar write-ups exist for the two other Terminal Operators and copies are enclosed. The Terminal Manager is the only other employee involved with hazardous waste management. John Walker, the Terminal Manager, has 40 hour HAZWOPER training. He is also trained as an incident commander. Tesoro is currently preparing a formal description of the training required for the Terminal Manager. Tesoro disputes the classification of this violation as Class II. Tesoro maintains that this is a minor violation as defined by HSC 25404. January 2016 Supplemental Response The County did not provide any citation to support a training records violation for the lack of on-site records for the person providing the training. However, in an effort to expeditiously resolve this matter, per your request, Tesoro is providing information on NES, Inc., the outside vendor that assists with the Stockton Terminal hazardous waste training as well as a list of the typical training curriculum conducted annually at the Tesoro Stockton Terminal. Consistent with our December 2015 response, enclosed please the formal description of the hazardous waste management activities performed by the Terminal Manager. Tesoro disputes the County's assertion that the lack of a formal description of the hazardous waste management activities for the Terminal Manager is considered a Class II violation based on similar occurrences in 1994 and 1996. First, the statute of limitations for alleged hazardous waste violations is three years. Cal. Code of Civil Procedure § 338.1. The referenced prior similar violations are 20+ years old and do not support classification enhancement. Moreover, The Violation Classification Guidance For Unified Program Agencies (June 2006) states that historical violations of the same requirement may be considered "chronic," and thereby allow an elevation of the classification, if the violations were identified in two consecutive inspections. Citations from 20+years ago do not meet the consecutive inspection requirement. 2