Like most states, California is authorized to manage the regulations promulgated under the Resource Conservation and Recovery Act (RCRA) by the U.S. Environmental Protection Agency (EPA) within California.  The California Environmental Protection Agency (CalEPA) is the responsible for implementing the state RCRA program.  One of the six boards and departments within CalEPA is the Department of Toxic Substances Control (DTSC).  It is the DTSC that creates and enforces state regulations for the management of waste within California.

As a RCRA-authorized state program, DTSC can make its regulations more stringent and more broad than those of the federal EPA, and it has done this.  One of the many ways DTSC regulations are more broad than EPA is in its identification of a hazardous waste.  In addition to EPA’s regulated hazardous waste (known as RCRA hazardous waste in California) California has its own state-specific hazardous waste (known in California as non-RCRA hazardous waste).

Any waste generated in California will be a hazardous waste (RCRA or non-RCRA)

A waste generator in California must assume any waste not subject to regulation as a RCRA hazardous waste is managed as a non-RCRA hazardous waste unless it has evidence to prove otherwise.  One of very few exceptions to this rule is universal waste.  In DTSC regulations – found in both the Health and Safety Code and the California Code of Regulations – the term hazardous waste is used to encompass both RCRA hazardous waste (federal regulations) and non-RCRA hazardous waste (California only).

DTSC regulations require all hazardous waste generators (DTSC does not recognize VSQG status as EPA does) to use the uniform hazardous waste manifest for off-site shipments of all hazardous waste.

According to the DTSC website, below are common errors to avoid when completing manifest forms:

1. Incorrect, invalid or inactive generator ID number.
   • All California hazardous waste generators must have an identification number.
   • Those that generate more than 100 kg/mo of RCRA hazardous waste must have a federal EPA identification number.
   • Those that generate less than 100 kg/mo RCRA hazardous waste or only non-RCRA hazardous waste of any quantity must have a California identification number.
   • Both identification numbers must be obtained through application to DTSC.
2. Incorrect, invalid or inactive transporter ID number.
   • A California transporter of hazardous waste (RCRA or non-RCRA) must have an identification number.
   • Those that will transport RCRA hazardous waste must have a federal EPA identification number.
   • Those that will transport only non-RCRA hazardous waste must have a California identification number.
   • Both identification numbers must be obtained through application to DTSC.
     

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3. Failure to verify ALL information on a pre-printed manifest at shipment.
   • Both EPA and DTSC regulations require the generator / offeror of the hazardous waste to certify compliance with all regulatory requirements when signing the uniform hazardous waste manifest (this applies to the e-Manifest as well).
   • The regulations of the U.S. Department of Transportation (DOT) apply to all shipments of RCRA hazardous waste and to some non-RCRA hazardous waste.  DOT regulations also require a certification of compliance by the shipper of the hazardous waste.  In most cases this will be the generator / offeror.
   • Presented with a pre-printed manifest a representative of the generator / offeror / shipper may rely too much on the person who created the manifest – the hazardous waste transporter? a broker? some other representative of the generator? – instead of conducting a careful review prior to signing.  I have found many errors on pre-printed shipping papers.
4. Failure to delete entire pre-printed information for waste not shipped.
   • If a particular wastestream displayed on the pre-printed manifest is not to be offered for transportation it should be deleted in such a way as to make it clear it is not part of the consignment.
   • It is not enough to leave items 10-13 of the manifest blank.
5. Incorrect or incomplete container, total quantity and/or unit weight information.
   • The requirements for completing items 10 Number & Type of Containers, 11 Total Quantity, and 12 Unit of Measure are precise and specific.  There is no room for interpretation.
   • Instructions for completing the uniform hazardous waste manifest are printed on its back.  These instructions include specified container type abbreviation codes and unit of measure types and codes required for use.
6. Incorrect or incomplete waste codes.
   • Item 13 contains space for up to six (6) federal and state waste codes.
   • A three digit California waste code must be entered in one of the six spaces.
   • A California waste codes is required for all hazardous waste (RCRA or non-RCRA).
   • The other five spaces may be used for any remaining EPA waste code(s).
   • A generator is not required to enter more than six waste codes on the uniform hazardous waste manifest.
7. Failure to sign and/or date the manifest.
   • A representative of the generator / offeror / shipper must sign by hand and indicate the date of signing in Item 15 of the uniform hazardous waste manifest.
   • The signor must have first-hand knowledge of the waste to be shipped and its preparation for transportation.
   • The signor does not have to be an officer of high-ranking manager of the generator / offeror / shipper.
8. Incorrect or incomplete dates; past dates or future dates.
   • Not quite certain what is meant by this.  Just be sure to check all those dates and have a calendar with you at signing.
9. Transporter 1 signs in transporter 2 signature line.
   • Representative of generator / offeror / shipper should observe this if present during signing process.
     

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10. Failure to submit a legible copy.
    • Per state statutes at Health & Safety Code 25160(b)(2)(C), the generator / offeror must submit a legible copy of the manifest (best if it is a photocopy of the first page) to DTSC within 30 days of the date of transport.
    • In lieu of submitting manifest copies, generator / offeror may submit an electronic report per HSC 25160.3.
    • This requirement remains unless the entire waste shipment utilizes the e-Manifest System.
11. The generator fails to submit an Exception Report to DTSC, when a signed facility copy is not received by the generator within 45 days of the date the waste was accepted by the designated facility.
    • Generator / offeror is responsible for ensuring it receives a signed copy of the uniform hazardous waste manifest from the designated facility with 45 days of the date of transport.
    • Date of transport is the date the manifest was signed by the initial transporter (Transporter 1)
    • If using the old (pre June 30, 2018) 6-copy paper uniform hazardous waste manifest, this will be copy #3.
    • If using the new 5-copy paper uniform hazardous waste manifest, this will be copy #2.
    • However, the regulations of the EPA for the e-Manifest System do not require the designated facility to submit paper copies back to the generator / offeror.  Their upload to the e-Manifest System by the designated facility fulfills this regulatory responsibility.
    • A generator/ offeror that is a registered user of the e-Manifest System is able to view manifests once uploaded to the e-Manifest System and thereby confirm their acceptance by the designated facility.
    • A generator / offeror that wishes to ensure it receives signed copies of the paper uniform hazardous waste manifest must make arrangements with the designated facility.

Hazardous Waste Manifest Information in California

Learn about the Hazardous Waste Electronic Manifest System (e-Manifest)

Make certain only those employees who have received both DOT HazMat Employee training and EPA/DTSC Hazardous Waste Personnel training are allowed to prepare, review, and/or sign the uniform hazardous waste manifest.