A question from a previous customer (I encourage my past customers to contact me anytime with questions that I gladly answer at no charge):

Hi Dan,

I hope all is well! I have a quick question regarding manifest line item ordering. I seem to remember we talked about this when you did the training here some time back. But it’s come up again and I think old thinking may have crept in.

My transportation folks are telling me that when ordering the line items on a manifest, not only must the hazardous (RCRA) come BEFORE the nonDOT (nonRCRA) [which I agree with, unless one is using one of the other methods of making it stand out as described in 49 CFR]…. But they are also telling me that we must further order them in order by hazard class (more hazardous coming before less hazardous classes). I can find this nowhere in our training, in 49 CFR 172.201, in any of the PSHMA interpretation letters or when I try searching various terms in a general Google search.

Can you confirm for me? Is there such are a requirement to list line items in order of DOT hazard class or is it simply that one should put RCRA waste first, nonRCRA next and non haz last. But the order of various RCRA wastes do not have to be specifically ordered by hazard class?

I would be forever in your debt (as always).

My reply that same day:

You are correct.  While USDOT/PHMSA requires the shipper to make the HazMat distinct and separate from the non-HazMat on the shipping paper (read: How to distinguish HazMat from non-HazMat on the shipping paper) there is no requirement to list hazardous materials in any particular order.  The suggestion of your last paragraph will suffice.

Also, the hazard classes used by USDOT/PHMSA to characterize hazardous materials are not a reflection of how hazardous they are.  In other words, a compressed gas of hazard class 2 is not more dangerous than a flammable liquid of hazard class 3.  The best indication of the degree of danger of a HazMat is indicated by its Packing Group, but even this can not be applied in this manner as some HazMat do not have a Packing Group and for those that do the it solely indicates the degree of danger within the hazard class and is not to be used for comparison between hazard classes.  In short:  It is impossible to rank hazardous materials from more hazardous to less hazardous.

Please contact me if you have any other questions.

If your facility accepts liquid industrial by-products (formerly liquid industrial waste) from a waste generator in Michigan you must be aware of the new – as of March 2016 – requirement to report this activity to the Michigan Department of Environmental Quality (MDEQ).  This webinar provided by the MDEQ will address the following:

• What waste streams must be managed as a liquid industrial by-product?
• What liquid industrial by-products are excluded from annual reporting?
• What are the handling requirements of a facility receiving liquid industrial by-products from off-site?
• What are the reporting requirements of a facility receiving liquid industrial by-products from off-site?
• More

The scheduled webinar time will include a presentation of information and time to answer your questions.

This webinar should be attended by any facility in Michigan that receives liquid industrial by-products from off-site and wouldn’t be a bad idea for those facilities that generate the liquid industrial by-products.

• To register for the MDEQ webinar:  MDEQ Liquid Industrial By-products Reporting Webinar
• For questions about registration:  Alana Berthold / 517.284.6854 / bertholda@michigan.gov
• If interested in more information about receiving facility reporting for liquid industrial by-products:  MDEQ Liquid Industrial By-Products Reporting

What about me? I’m a waste generator in Michigan and I think I generate a liquid industrial waste – I mean a liquid industrial by-product – do you have anything for me?  Sure:  MDEQ Non-Hazardous Liquid Industrial By-Products Generator Requirements Guidance

If you generate a hazardous waste you may have to provide training for your Hazardous Waste Personnel.  I can provide the training required by both the USEPA and the MDEQ.  RCRA Training can be at your location or delivered as a live webinar.  Contact me to schedule your training.

The transportation of hazardous materials (hazmat) is all around us.  Below are images taken during my travels when I’ve come across the transportation in commerce of a hazmat.  In each situation I know little about the shipper or the carrier other than what I can read on the vehicle.  However, because the persons involved in the transport of these hazardous materials are trained HazMat Employees (along with an additional component of Safe Driver Training for the drivers) the vehicles and packagings display the hazard communication methods (placards and package marks) required by the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S Department of Transportation (USDOT/PHMSA).  It’s the display of these  hazard communication methods that allow me to determine the contents of the vehicles to the degree that I have in the images below.  Please read my comments related to each of the images and see if you agree with my conclusions. (more…)

The transportation of hazardous materials (hazmat) is all around us.  Below are images taken during my travels when I’ve come across the transportation in commerce of a hazmat.  In each situation I know little about the shipper or the carrier other than what I can read on the vehicle.  However, because the persons involved in the transport of these hazardous materials are trained HazMat Employees (along with an additional component of Safe Driver Training for the drivers) the vehicles and packagings display the hazard communication methods (placards and package marks) required by the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S Department of Transportation (USDOT/PHMSA).  It’s the display of these  hazard communication methods that allow me to determine the contents of the vehicles to the degree that I have in the images below.  Please read my comments related to each of the images and see if you agree with my conclusions. (more…)

In case you didn’t know, USEPA has been striving for some years now to put in place an electronic system for the transportation in commerce of a hazardous waste.  Currently, all regulated shipments of a hazardous waste must be documented on and accompanied by the Uniform Hazardous Waste Manifest.  This will change with the implementation (June 2018! Read all about it:  Learn About the Hazardous Waste Electronic Manifest System or e-Manifest) of the electronic manifest system (e-Manifest).

A question I received recently was this:

How is the driver/transporter expected to e-sign the manifest?  Is the expectation that they will access the document electronically at the generators site and somehow e-sign there?  Or, have equipment of their own to do so?

My answer comes right from the regulations USEPA created for the e-Manifest:

USEPA regulations at 40 CFR 263.20(a)(5) indicate that access to the e-Manifest system by a transporter can be through the transporter’s own electronic equipment or by accessing the equipment provided by the generator, by another transporter, or by a designated facility.

In short, any person involved in the “cradle-to-grave” management of the hazardous waste participating in the e-Manifest system can provide access to that system to other persons required to sign the Manifest.  A transporter is not required to provide their own equipment in order to access the system.

For more information…

• The Regulations of the e-Manifest System
• A History of the E-Manifest System

The Generator Improvements Rule went into affect at the Federal level and in states lacking an authorized hazardous waste program on May 30, 2017.  The new rule contained approximately 60 changes to existing RCRA regulations.  Some of the changes were less strict than existing regulation, e.g. episodic generation of hazardous waste for a small quantity generator; some were neither less strict nor more strict, e.g. changing the name of a conditionally exempt small quantity generator to a very small quantity generator; and some were more strict than existing regulations, e.g. requiring an LQG to add a “quick reference guide” to their contingency plan.

This matters because states must adopt the regulations of the new rule under the following schedule:

• The entirety of the new rule went into affect on May 30, 2017 in states lacking an authorized hazardous waste program.
• Both New Jersey and Pennsylvania immediately adopt all changes to USEPA regulations despite the fact that they maintain an authorized hazardous waste program.  Therefore, the entirety of the new rule went into affect in these two states on May 30, 2017.
• States with an authorized hazardous waste program are under no responsibility to adopt provisions of the new rule that are less strict than existing regulations or those that are neither more nor less strict than existing regulations.
• States with an authorized hazardous waste program must adopt provisions of the new rule that are more strict than existing regulations unless their state regulations are already more strict.  Example:  Kentucky did not adopt the new requirement for a small quantity generator (SQG) of hazardous waste to re-notify every four years since in Kentucky SQGs are already required to re-notify annually.  If a state must adopt a more strict regulation it must do so under the following schedule:
  • More strict regulations must be adopted by July 1, 2018.
  • More strict regulations must be adopted by July 1, 2019 if a change to state law is required.

So what are the more strict requirements of the Generator Improvements Rule?

• Hazardous waste in a satellite accumulation area is subject to incompatibility requirements.
• Hazardous waste in a satellite accumulation area is subject to preparedness and prevention and the contingency plan.
• Labeling and marking of hazardous waste accumulation areas.
• Labeling and marking of hazardous waste containers prior to off-site transportation.
• A Small Quantity Generator (SQG) of hazardous waste must re-notify every four years.
• A Large Quantity Generator (LQG) must submit biennial report for all hazardous waste generated in a reporting year.
• Facilities that recycle hazardous waste without prior on-site storage must prepare and submit a biennial report.
• An LQG updating its contingency plan must include a ‘quick reference guide’.
• An LQG must notify USEPA or state of planned facility closure.

Read more:

• What is the status of the Generator Improvements Rule in my state?

This site will serve as a single location for information related to the Generator Improvements Rule. Articles providing more information are available through the links below.

General Information and Background:

Summary of Proposed Rule from USEPA: The Hazardous Waste Generators Improvement Rule

Summary of the Generator Improvements Rule

FAQ: What is the status of the Generator Improvements Rule in my state?

FAQ: Which regulations of the Generator Improvements Rule are more strict than existing USEPA regulations?

Reorganization of the Hazardous Waste Generator Regulations

The Hazardous Waste Determination:

The Hazardous Waste Determination

Side-by-Side Comparison of Old Regulations and New for the Hazardous Waste Determination

Counting Hazardous Waste and Determining Generator Category

Side-by-Side Comparison of Old Regulations and New for Counting Hazardous Waste and Determining Generator Category

Mixing Hazardous Waste with Non-Hazardous Waste

Management of Hazardous Waste – General:

Marking and Labeling of Hazardous Waste Accumulation Areas

Marking and Labeling Requirements for Hazardous Waste Containers Prior to Off-Site Transportation

Training Options for Facility Personnel of a Large Quantity Generator

The ‘Fifty Foot Rule’ for Ignitable and Hazardous Waste at a Large Quantity Generator

Episodic Generation of Hazardous Waste for a Small Quantity Generator

Episodic Generation of Hazardous Waste for a Very Small Quantity Generator

Notification to EPA for a Episodic Hazardous Waste Event

Consolidation of Very Small Quantity Generator Hazardous Waste at a Large Quantity Generator

Generator ban on Liquids in Landfills Under the Generator Improvements Rule

Weekly Inspection Requirements Under the Generator Improvements Rule

Satellite accumulation areas:

Comply with Special Requirements for Incompatible Waste in Containers

Limited Exception to Closed Containers

Clarify What is Meant by “Three Days”

Maximum Weight for the Accumulation of Acute Hazardous Waste

Clarify Generator Options When Maximum Volume or Weight is Exceeded

Marking and Labeling of Hazardous Waste Containers in Satellite Accumulation Areas

Applicability of Preparedness, Prevention, and Emergency Procedures for SQG and LQG

Must “Immediately” Transfer Hazardous Waste From Leaking Container

Clarify Satellite Accumulation Area as an Option for SQG and LQG Compliance

Rescind Memo Regarding Accumulating Reactive Hazardous Waste Away From the Point of Generation

Clarify: Under the Control of the Operator

All Revisions to Satellite Accumulation Area Regulations by Generator Improvements Rule

Preparedness, Prevention and Emergency Response for a Large Quantity Generator of Hazardous Waste (LQG):

Comparison of New and Old Requirements in Generator Improvements Rule: Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators

Applicability of Emergency Procedures to Hazardous Waste Accumulation Areas at LQG

Requirements for LQG to Make Arrangements with Local Authorities (now includes LEPC)

Exceptions for Emergency Equipment at LQG

Facility Personnel Access to Communication or Alarm System at LQG

Submittal of Contingency Plan by Large Quantity Generator (now includes LEPC)

Contact Information for Emergency Coordinator in Contingency Plan

Requirements for Quick Reference Guide in Contingency Plan

Content for Quick Reference Guide in Contingency Plan

Everything about Preparedness, Prevention, and Emergency Procedures at LQG After the Generator Improvements Rule

Preparedness, Prevention and Emergency Response for a Small Quantity Generator of Hazardous Waste (SQG):

Maintenance and Operation of Facility (Includes Applicability)

Required Emergency Equipment

Testing and Maintenance of Emergency Equipment

Facility Personnel Access to Communication or Alarm System

Required Aisle Space

Requirements for SQG to Make Arrangements with Local Authorities (now includes LEPC)

Identify Emergency Coordinator

Post Emergency Information

Ensure Familiarity with Emergency Procedures (SQG Training)

Emergency Procedures

Everything about Preparedness, Prevention, and Emergency Procedures at SQG After the Generator Improvements Rule

Facility closure:

Closure Requirements of Hazardous Waste Accumulation Area at a Large Quantity Generator

Facility Closure Requirements for Large Quantity Generator

Reporting and Recordkeeping:

Re-notification Requirements for Large Quantity Generators

Re-notification Requirements for Small Quantity Generators

FAQs and Miscellaneous

What is the AHJ?

What is a Central Accumulation Area?

Correction of Typo in Definition of Scrap Metal

Q&A: Are VSQGs required to register under the Generator Improvements Rule?

FAQ: How does the Generator Improvements Rule define an acute hazardous waste?

Status of the Generator Improvements Rule in Michigan

Federal regulations of the Environmental Protection Agency (USEPA) at 40 CFR 262.41 require a generator who is a large quantity generator (LQG) of hazardous waste for at least one month in an odd-numbered year to submit the Biennial Report (aka: Biennial Hazardous Waste Report).  The generator must  complete the report using EPA Form 8700-13 A/B and submit it to the EPA Regional Administrator by March 1 of the following even-numbered year.

A state with an authorized hazardous waste program may choose to make its regulations more strict than those of the USEPA.  One may that some states do this is to require an annual report from hazardous waste generators in their state.  Below is a table identifying the states by EPA Region that request an annual report instead of biennial from hazardous waste generators within their jurisdiction.

Other instances where state regulations for hazardous waste reporting are more strict than those of the USEPA:

• Require reporting for small quantity generators (SQGs) of hazardous waste as well as LQGs.
• Require reporting more frequently than annual, e.g. quarterly.
• Collect a fee from hazardous waste generators.

Sent from an iPhone:  All hazmat shipping papers will have a emergency number true or false?

Me:  Except for a very few specific exemptions, true.

• A hazmat that is excepted from the shipping paper requirement.
• A material properly classified and shipped as an ORM-D.

The emergency response telephone number is not required on the following:

• A hazmat shipped as a limited quantity.
• Materials properly described under the following shipping names:
  • Battery powered equipment
  • Battery powered vehicle
  • Carbon dioxide, solid
  • Castor bean
  • Castor flake
  • Castor meal
  • Castor pomace
  • Consumer commodity
  • Dry ice
  • Engines, internal combustion
  • Fish meal, stabilized
  • Fish scrap, stabilized
  • Krill Meal, PG III
  • Refrigerating machine
  • Vehicle, flammable gas powered
  • Vehicle flammable liquid powered
  • Wheelchair, electric
• Transport vehicles or freight containers containing lading that has been fumigated and displays the FUMIGANT mark, unless other hazmat are present in the cargo transport unit.

If you ship HazMat/Dangerous Goods by vessel in international waters, then you must comply with the regulations of the International Maritime Organization (IMO) and its International Maritime Dangerous Goods Code (IMDG Code).  But to comply you must make certain that you are using only the latest approved edition of the IMDG Code which is updated every two years.

From the above graphic you can see that the 2014 Edition of the IMDG Code is acceptable for use through the end of 2017.  After that it must be replaced by the 2016 Edition which is then acceptable through the end of 2019.