FAQ: Is it required that the three letter prefix to the manifest tracking number be marked on a packaging of hazardous waste for off-site transportation?

The actual question was:

Does the “JJK” designation by law have to follow the manifest number on a hazardous waste drum label?

The questioner made some assumptions here that I must correct before I can properly answer the question.

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  • Each Manifest is identified by a unique Approved Manifest Tracking Number (MTN) which is printed in the upper right corner of the Manifest.
  • A company must register with and be approved by the EPA before it can print copies of the Manifest for use by themselves or others.
  • The approved registered printer is identified on each Manifest by a three letter code.  This three letter code is included as a suffix to the MTN.
  • The letters “JJK” as a suffix to the MTN identifies the printer of the Manifest as J.J. Keller & Associates, Inc.

So, “JJK” is part of the Approved Manifest Tracking Number for Manifests printed by J.J. Keller and must be pre-printed on the Manifest by the forms printer.

Pursuant to 40 CFR 262.32 (recently modified by the Generator Improvements Rule), before offering hazardous waste for transportation off site a generator must mark each container of 119 gallons or less (aka: a non-bulk packaging) with the following words and information:

  • “HAZARDOUS WASTE”
  • Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
  • Generator’s Name and Address
  • Generator’s EPA Identification Number
  • Manifest Tracking Number
  • EPA Hazardous Waste Number(s) – A new requirement of the Generator Improvements Rule and one that may not yet have been adopted by your state.

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Conclusion:

It is the responsibility of the generator to mark a non-bulk container of hazardous waste with the words and information mandated by 40 CFR 262.32.  This includes the manifest tracking number.  The manifest tracking number includes three letters as a suffix to identify the registered printer of the manifest.  These three letters may be “JJK” or some other combination depending on who printed the Manifest.

Distribution of the Uniform Hazardous Waste Manifest in California

In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest).  Read: Use and Distribution of the Uniform Hazardous Waste Manifest.  That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA).  In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest.  Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.

In this article:  California!

State regulatory agency:

California Department of Toxic Substance Control (DTSC) within the California Environmental Protection Agency (Cal EPA).

Manifest copy distribution in California:

Note:

Two types of hazardous waste are regulated by DTSC in California:

  • RCRA hazardous waste is the same as that regulated by USEPA.
  • Non-RCRA hazardous waste is regulated solely by DTSC and only within California.
  • Page 1 (top copy): “Designated facility to destination State (if required)”.
    • A designated facility within California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
    • A designated facility outside of California must submit this copy to its state environmental agency only if it is a RCRA hazardous waste and if required by its (the designated facility’s) state.
  • Page 2: “Designated facility to generator State (if required)”.
    • A designated facility within California is not required to submit this copy to DTSC since it will have submitted page 1.
    • A designated facility outside of California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
  • Page 3: “Designated facility to generator”.
  • Page 4: “Designated Facility’s copy”.
  • Page 5: “Transporter’s copy”.
  • Page 6 (bottom copy): “Generator’s initial copy”

State requirements to modify the EPA-required manifest copy distribution outlined above:

  • None

Additional state requirements for the management of the uniform hazardous waste manifest:

  • Use of the Manifest is required for shipments of both RCRA hazardous waste and non-RCRA hazardous waste.
  • Use of the Manifest is required for all generators of hazardous waste in California:  those that generate more than 1,000 kg (2,200 lb) per month and those that generate up to, but no more than, 1,000 kg (2,200 lb) per month.  However, use of the Manifest is not required for a generator of up to, but no more than, 100 kg (220 lb) per month of hazardous waste whose waste is hazardous due solely to the presence of the toxicity characteristic for silver (D001).
  • The generator must always send a readable and legible copy of the Manifest to DTSC within 30 days of signing if the waste is:
    • Generated in California;
    • Handled by a permitted facility in California; or is,
    • Imported or exported from California.
  • Generators must mail a readable and legible copy of the Manifest, as required above, to:
    • DTSC Generator Manifests / Department of Toxic Substances Control / P.O. Box 400 / Sacramento, CA 95812-0400
  • Since the Manifest does not include a page for the generator to submit to DTSC the generator must make a copy of the Manifest for this purpose.  While it is easiest to make a copy of page 6 (signed by both the generator and the transporter and left with the generator), it may not make a legible copy.  It is recommended that the generator make a copy of page 1 of the Manifest before it leaves with the transporter and submit this to DTSC.
  • TSDF sends copy to DTSC with 30 days of the receipt date to:
    • DTSC Facility Manifests / P.O. Box 3000 / Sacramento, CA 95812
  • A Manifest Correction Letter must be sent to DTSC whenever hazardous waste manifests are submitted containing incorrect or incomplete information. Per California Health and Safety Code, Section 25160.5, DTSC is authorized to charge a $20 manifest correction fee when DTSC discovers the errors and requests a manifest correction letter. DTSC does not charge the fee if the company submits the manifest correction letter before being notified by DTSC of the error.  To submit a letter, please provided the manifest corrections on company letterhead, and include the following information:
    • The Manifest Tracking Number which includes a unique three-letter suffix preceded by nine numerals which is pre-printed in Item 4 of the manifest.
    • The date the generator signed the manifest.
    • Generator EPA ID number used on the original manifest, even if it was incorrect.
    • The incorrect or incomplete item number from the manifest.
    • The corrected information.
    • Signature, title, mailing address, and phone number of person submitting the correction.
  • Send Manifest Correction Letters to:
    • DTSC / Generator Information Services Section / Attention: Manifest Corrections / P.O. Box 806 / Sacramento, CA 95812-0806
  • DTSC follows the Federal rule for the Exception Report.  Send Exception Reports to:
    • DTSC Report Repository / Generator Information Services Section / P.O. Box 806 / Sacramento, CA 95812-0806
  • DTSC follows the Federal rule for the Waste Minimization Certification.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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More information:

Marking of a Hazardous Waste Container for Off-Site Transportation

Marking of a Hazardous Waste Container for Off-Site Transportation

In an earlier article I explained all of the new marking and labeling requirements for all stages of hazardous waste management (central accumulation area, satellite accumulation area, preparation for off-site transportation, 10-day transfer site, and treatment, storage, and disposal facility or TSDF) for all hazardous waste accumulation units (container, tank ,drip pad, & containment building) at all hazardous waste handlers (generator, transporter, or TSDF) of the Generator Improvements Rule.  Read it here if you’re interested: Marking and Labeling of Hazardous Waste Accumulation Units Under the Generator Improvements Rule.

For this article I decided to focus on just one very important requirement: the labeling and marking of a hazardous waste container by the generator to prepare for off-site transportation and its revision under the Generator Improvements Rule.

Before we begin…

  • These regulations apply solely to a large quantity generator (LQG) and small quantity generator (SQG) of hazardous waste.  They do not apply to the (recently renamed) very small quantity generator (VSQG).

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Very little has changed under the Generator Improvements Rule for the marking of a container of hazardous waste at an SQG or LQG prepared for off-site transportation.  The regulations are found at 40 CFR 262.32(b-d).  Prior to the Generator Improvements Rule it required solely the following:

  • Containers of hazardous waste“Hazardous Waste”
  • “Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
  • Generator’s Name and Address ____.
  • Generator’s EPA Identification Number ____.
  • Manifest Tracking Number ____.

As of the effective date of the Generator Improvements Rule a container of hazardous waste prepared for off-site transportation must now include the following in addition to the above:

  • EPA Hazardous Waste Number(s) ____.

Note:

  • Lab packs that will be incinerated in compliance with §268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable.
  • A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s).
  • This requirement applies solely to containers with a capacity of 119 gallons or less (i.e. what USDOT refers to as a non-bulk packaging).

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FAQ: Is DOT certification required for a person to provide information in section 14 of the Safety Data Sheet?

Since the advent of the Safety Data Sheet (SDS) – formerly known as the Material Safety Data Sheet (MSDS) – there has been some confusion regarding the use of and authorization of section 14 of the SDS, entitled: Transportation Information.  The name alone seems to indicate that the shipper of a hazardous material may rely on the information in section 14 when making their HazMat Classification.  It would also seem logical then that the person completing section 14 would require HazMat Employee training per 49 CFR 172, subpart H of the USDOT/PHMSA Hazardous Materials Regulations.  This however, is not the case.  See below for my reply to this FAQ.

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  • The SDS is a requirement of the Federal regulations of OSHA (Occupational Safety & Health Administration).
  • Over the past several years OSHA worked with its counterparts in other countries to create a globally harmonized SDS. Therefore, the SDS represents a compromise between U.S. regulations and those of other countries.  Read: Learn more about the Global Harmonization System and revisions to OSHA’s HazCom standard.
  • In some other countries (I don’t know which) all 16 sections of the SDS are authorized (i.e. the information contained in them must be correct and is subject to enforcement if incorrect).
  • Neither OSHA, EPA, nor DOT has authorized sections 12 – 15 of the SDS. Therefore, to the best of my understanding (I am not an OSHA expert), the person providing the information for sections 12 – 15 is not subject to enforcement if the information is incorrect.
  • DOT requires HazMat Employee training for any person whose job responsibilities directly affects the safe transportation of hazardous materials. This includes – but is not limited to – the classification of a hazardous material for transportation.  For more information view: Who or What is a HazMat Employee? And What Training is Required?
  • Since section 14 of the SDS is not authorized by DOT, I don’t believe providing information for section 14 meets the definition of a HazMat Employee. Though, HazMat Employee training is good idea for any such person.
  • Further, if a person performs a HazMat classification for their own purposes (shipping a HazMat), that activity meets the definition of a HazMat Employee and requires training.

Onsite Training in actionSummary:

My recommendation is that anyone involved in the transportation of a hazardous material, including completion of section 14 of the SDS, receive HazMat Employee training every three years.

The Sixteen (16) Sections of the Safety Data Sheet (SDS)

The Global Harmonization System (GHS) is a product of the United Nations that embodies an international approach to hazard communication using an agreed upon criteria for classifying hazardous chemicals and a standardized method to communicate the hazards through use of container labels and Safety Data Sheets (SDS).

The Occupational Health and Safety Administration (OSHA) within the U.S. Bureau of Labor has adopted most – not all – of the provisions of the GHS within its hazard communication regulations (aka: HazCom Standard).  They are found in Title 29 of the Code of Federal Regulations 1910.1200.

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Appendix D to 29 CFR 1910.1200 indicates the required (and suggested) information to include in the SDS and the format.  Sections 1-11 and 16 are required, sections 12-15 may be included but are not required.

  • Section 1—Identification:  Product identifier, manufacturer or distributor name, address, phone number, emergency phone number, recommended use, and restrictions on use.
  • Section 2—Hazard(s) identification:  All hazards regarding the chemical and required label elements.
  • Section 3—Composition/Information on ingredients:  Information on chemical ingredients and trade secret claims.
  • Section 4—First-aid measures:  Required first aid treatment for exposure to a chemical and the symptoms (immediate or delayed) of exposure.
  • Section 5—Fire-fighting measures:  The techniques and equipment recommended for extinguishing a fire involving the chemical and hazards that may be created during combustion.
  • Section 6—Accidental release measures:  Steps to take in the event of a spill or release involving the chemical.  Includes:  emergency procedures, protective equipment and proper methods of containment and cleanup.
  • Section 7—Handling and storage:  Precautions for safe handling and storage, including incompatibilities.
  • Section 8—Exposure controls/Personal protection:  OSHA’s permissible exposure limits (PELs), threshold limit values (TLVs), appropriate engineering controls, and personal protective equipment (PPE).
  • Section 9—Physical and chemical properties:  The chemical’s characteristics.
  • Section 10—Stability and reactivity:  Chemical stability and possible hazardous reactions.
  • Section 11—Toxicological information:  Routes of exposure (inhalation, ingestion, or absorption contact), symptoms, acute and chronic effects, and numerical measures of toxicity.
  • Section 12—Ecological information:  How the chemical might affect the environment and the duration of the effect.
  • Section 13—Disposal considerations—describes safe handling of wastes and methods of disposal, including the disposal of any contaminated packaging.
  • Section 14—Transportation information—includes packing, marking, and labeling requirements for hazardous chemical shipments.
  • Section 15—Regulatory information—indicates regulations that apply to chemical.
  • Section 16—Other information—includes date of preparation or last revision.

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When the Shipper’s Declaration for Dangerous Goods is not required

When the Shipper’s Declaration for Dangerous Goods is not required

Most shipments of a dangerous good by air will be subject to the dangerous goods regulations of the International Air Transport Association (IATA). One of the shipper responsibilities of the IATA Dangerous Goods Regulations is the completion of the Shipper’s Declaration for Dangerous Goods, i.e. “The Declaration”. The Declaration is a document – either paper or electronic – with a specified format that describes the consignment of dangerous goods and – though required to be completed by the shipper – is used primarily by the personnel of the air carrier. Some dangerous goods, however, do not require completion of The Declaration. This article will identify those articles or substances that do not require a Shipper’s Declaration for Dangerous Goods. (more…)

FAQ: What is a hybrid manifest?

The “hybrid” or mixed paper / electronic manifest is a specific manifest approach that EPA adopted to assist generators who are not able to fully participate in electronic manifesting at the time of system launch (June 30, 2018). The hybrid manifest allows transporters to initiate an electronic manifest in e-Manifest and use this manifest with their non-participating generator customers. The initial transporter may print a copy of the electronic manifest for the generator, and the generator may sign the paper copy, obtain the initial transporter’s ink signature on this paper copy, and then retain this paper copy on-site as the generator’s initial manifest copy as is done under traditional manifest requirements. Thereafter, the initial transporter and subsequent waste handlers will complete the remainder of the tracking of the shipment electronically in e-Manifest with electronic signatures and electronic transmissions to the system. Hybrid manifests are charged the same fee as a fully electronic manifest.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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FAQ: What is acute aquatic toxicity in California?

Acute aquatic toxicity is one of eight subsections of the characteristic of toxicity identified by the California Department of Toxic Substances and Control (DTSC).  If a discarded material displays the characteristic of acute aquatic toxicity – and no other Federal hazardous waste characteristic nor meets the definition of a Federal listed hazardous waste – it must be managed as a non-RCRA hazardous waste in the state of California only.  According to Federal regulations of the U.S. Environmental Protection Agency – and that of every other state with an authorized hazardous waste program – it would be a non-hazardous waste.

It is identified as a toxic hazardous waste due to its toxicity specifically to fish. A waste is aquatically toxic if it produces an LC50 less than 500 mg/L when tested using the “Static Acute Bioassay Procedures for Hazardous Waste Samples”.

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FAQ: Are soaps and detergents a non-RCRA Hazardous Waste in California?

FAQ: Are soaps and detergents a non-RCRA Hazardous Waste in California?

The answer is yes. If they fail the aquatic toxicity test.

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Below is the text from the FAQ page of the California Department of Toxic Substances Control (DTSC):

I’ve heard that California’s fish bioassay test doesn’t apply to soaps, detergents or other wastes that contain ‘surfactants’.

There is no waiver or exclusion from the aquatic toxicity testing requirement, nor is there any rule or regulation that allows a generator to ignore a result obtained from performing the aquatic fish bioassay test. If you have aquatic toxicity test results from your waste detergent or soap that shows an acute aquatic 96-hour LC 50 less than 500 milligrams per liter then the waste is determined to be hazardous and should be managed according to all applicable hazardous waste requirements.

DTSC is aware that confusing and conflicting information has been reported about California’s aquatic toxicity test. Some claims have been made that running the aquatic toxicity test on soaps and detergents doesn’t truly measure “toxicity”, but simply results in suffocating or killing the test fish due to physiological effects not related to toxicity. DTSC does not agree with these claims, and continues to apply and abide by this mandated test procedure. The mechanisms of toxicity of many surfactants are not significantly different from those found with other surface-acting toxicants such as copper and acrylamide. The acute aquatic bioassay test does not distinguish fish mortality resulting from a toxic effect of one or more surfactants from those resulting from another ingredient in a product. Therefore, DTSC continues to apply and requires compliance with the aquatic toxicity test procedure as set forth in regulation.

And here’s a screen shot of the question on the DTSC website:

It should come as no surprise that the state regulations of California for the cradle-to-grave management of hazardous waste are more broad and more stringent than the Federal rule.  The California regulations are so broad in their definition of hazardous waste that most materials discarded (including soaps and detergents) will be a non-RCRA hazardous waste unless the generator of the waste is able to prove otherwise.  A non-RCRA hazardous waste is regulated as a hazardous waste only within California.  (The other category of hazardous waste in California – RCRA hazardous waste – is either listed as a hazardous waste or displays a hazardous waste characteristic per the Federal regulations and so is a hazardous waste both within and without California.)

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If your state has an authorized hazardous waste program – and most of them do – then the standard format RCRA training won’t do.  You must have training that covers the Federal regulations and those of your state.  For that you require my Onsite Training or my Webinar Training, both of which can be tailored to the Federal and state regulations that apply to the waste you generate at your facility.

While you’re at it throw in my HazMat Employee training required by the USDOT/PHMSA to ensure everyone has the training they need to safely manage hazardous waste from cradle-to-grave.

On-Site Accumulation and Off-Site Transportation of Spent or Used Lithium Batteries

Lithium cells and batteries pose a variety of risks due to their potential for an uncontrolled chain reaction resulting in heat and fire. When discarded they display the characteristic of Reactivity as defined by USEPA (and states) and are therefore regulated as a hazardous waste. When offered for off-site transportation they are regulated as a Class 9 Miscellaneous by the USDOT/PHMSA.

However, both of these agencies allow for a “deregulation” or even an exception from full regulation if specified requirements are met.  This article is meant to be a source of useful information for anyone who seeks to comply with the regulations of the USEPA (and their state environmental agency) and the USDOT/PHMSA but also wants to take advantage of a relief from full regulation when they can. (more…)